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Dáil Éireann debate -
Wednesday, 29 Sep 2004

Vol. 589 No. 1

Written Answers.

Questions Nos. 1 to 182, inclusive, resubmitted.

Northern Ireland Issues.

Finian McGrath

Question:

183 Mr. F. McGrath asked the Taoiseach if he will give an update on the current talks in the North and any concrete proposals to get the peace process moving again. [21367/04]

Finian McGrath

Question:

186 Mr. F. McGrath asked the Taoiseach if he will report on the Leeds Castle talks. [21977/04]

I propose to take Questions Nos. 183 and 186 together.

After three days of intensive discussion at Leeds Castle with the Northern Ireland parties, both Prime Minister Blair and I believe we can resolve the issues to do with ending paramilitary activity and putting weapons beyond use. However, while significant progress was made on Strand I, II and III issues, it was not possible to conclude agreement on these at Leeds Castle.

After the Leeds Castle talks, all of the parties, supported by Secretary of State Paul Murphy and the Minister of State at the Department of Foreign Affairs, Deputy Tom Kitt, engaged further on these issues. We wish to draw these discussions to a successful conclusion as soon as possible.

The Governments believe that what is on offer from the republican movement is reasonable in its substance and historic in its meaning and we are determined to move ahead. On the one hand, there must be the complete end to violence in all its forms. On the other, there must be a genuine, lasting and stable commitment to power-sharing. If agreement cannot be reached between the parties, when it is clear it should be, we have said that we will find a different way to move this process forward.

Departmental Staff.

Enda Kenny

Question:

184 Mr. Kenny asked the Taoiseach the number of public servants employed in his Department who are paid by cheque; the number who are paid electronically; and if he will make a statement on the matter. [21417/04]

A total of 96% of staff in my Department are paid electronically and 4% are paid by cheque. Under a General Council Agreement, all staff are encouraged to have their salaries paid electronically.

Proposed Legislation.

John Gormley

Question:

185 Mr. Gormley asked the Taoiseach the number of Bills that have been drafted outside the Office of the Attorney General by solicitors since the general election of 2002; the cost to date of the out-sourcing of the drafting of legislation; if legislation has had to be corrected subsequently in many cases; the Bills which are currently being drafted by firms of solicitors; the legislation he intends to out-source this term; and if he will make a statement on the matter. [21821/04]

There has been no legislation drafted for my Department outside the Office of the Attorney General since the general election of 2002.

Question No. 186 answered with QuestionNo. 183.

Departmental Websites.

Paul McGrath

Question:

187 Mr. P. McGrath asked the Taoiseach, in relation to his Department’s website, the number of persons who have responsibility for upgrading the website and eliminating outdated and often inaccurate information. [22190/04]

Each division is responsible for ensuring that the information on their own area of the Department's website is accurate and up to date. There are three people within the Department with access to update the actual information on the website, as required.

Departmental Bodies.

David Stanton

Question:

188 Mr. Stanton asked the Taoiseach if mechanisms exist to ensure that interview boards established under the auspices of his Department and which comprise of two or more persons are gender balanced; and if he will make a statement on the matter. [22356/04]

Mechanisms are in place to ensure that all interview boards are gender balanced.

Health and Safety Regulations.

Richard Bruton

Question:

189 Mr. R. Bruton asked the Tánaiste and Minister for Enterprise, Trade and Employment if his attention has been drawn to the fact that some persons have very low tolerance levels for presence in the atmosphere of chemicals discharged by aerosols and certain perfume products; if he or public authorities in other jurisdictions have established atmospheric tolerance levels for such chemicals; and if research is being undertaken in relation to such allergies to atmospheric pollutants. [21960/04]

Aerosols are used for a wide variety of purposes, at work and otherwise, many of which do not come within the ambit of the Department of Enterprise, Trade and Employment or the Health and Safety Authority. Those outside the authority's remit include, for example, perfumes, cosmetics, other personal hygiene products and pesticides.

The Health and Safety Authority's role relating to exposure to aerosol chemicals arises under EU originated legislation on the marketing and use and classification, packaging and labelling of certain dangerous substances and preparations. This legislation bans or restricts the use of certain agents and, in other cases, requires that the product be labelled with appropriate risk and safety phrases, for example, to draw the user's attention to the fact that it may cause sensitisation and gives advice as to its use in a safe manner.

In the industrial or workplace context, any exposure of workers to aerosol chemicals that may arise in the course of work would be subject to risk assessment and the application of appropriate prevention or control measures, including, if relevant, the application of occupational exposure limit values, OELVs, but not tolerance levels, under relevant legislation.

Neither my Department nor the Health and Safety Authority has any role in relation to aerosol chemical tolerance levels in general in the atmosphere. In addition, neither party has any information on any research being undertaken as regards allergies to atmospheric pollutants.

I understand that, apart from the Health and Safety Authority, other Departments or agencies such as the Department of Health and Children and the Department of Agriculture and Food would also have roles in this matter. I also understand from the Department of the Environment, Heritage and Local Government that Directive 2004/42/EC on the limitation of emissions of volatile organic compounds, VOC, due to the use of organic solvents in certain paints and varnishes and vehicle refinishing products, and amending Directive 1999/13/EC, set maximum VOC content limit values for prescribed products in these particular areas. Article 9 of the directive invites the European Commission to submit a report by 2008 at latest to the European Parliament and to the Council examining, inter alia, the broad scope and potential for making reductions in the VOC content of products outside the scope of the directive including aerosols for paints and varnishes.

Company Closures.

Finian McGrath

Question:

190 Mr. F. McGrath asked the Tánaiste and Minister for Enterprise, Trade and Employment the practical investment plans in place in response to the closure of a company (details supplied) in Coolock; and if she will give the maximum support to the staff and their families. [21275/04]

On 8 July 2004, Modus Media announced the closure of its Dublin print plant at Clonshaugh Industrial Estate, Coolock. The plant ceased production at the end of July with the loss of 167 jobs.

According to the company, this decision was based on economic factors and the continuing downturn in the printing market, in particular, the technical publications sector. The company states that this has resulted in an unsustainable operation and the company is taking action to de-invest in this sector.

FÁS has previously been in contact with the company and made its full range of support services available to the workers. These supports include skills analysis, job placement, guidance and counselling interviews, identification of training needs and suitable training courses. I am advised that, already, some 40% of the workplace has found alternative employment. In addition, IDA is currently examining alternative possibilities for the site.

Bullying in the Workplace.

Olivia Mitchell

Question:

191 Ms O. Mitchell asked the Tánaiste and Minister for Enterprise, Trade and Employment if consideration will be given to including bullying in any new health and safety Bill. [21344/04]

Olivia Mitchell

Question:

192 Ms O. Mitchell asked the Tánaiste and Minister for Enterprise, Trade and Employment her plans to put in place a separate statutory body to deal with bullying in the workplace. [21345/04]

I propose to take Questions Nos. 191 and 192 together.

An expert advisory group has been established by me to look at the issue of bullying and the resulting stress in the workplace. The terms of reference of the group envisage that it will report within three months and its first meeting was held on 16 September.

The Safety, Health and Welfare at Work Bill 2004 was published in June and I would be willing to consider an amendment to the Bill if legislative change is recommended by the advisory group as an appropriate course of action for dealing with workplace bullying. I would not, however, envisage that it would be necessary to establish a new statutory body to deal with bullying in the workplace.

Employment Appeals Tribunal.

Pat Rabbitte

Question:

193 Mr. Rabbitte asked the Tánaiste and Minister for Enterprise, Trade and Employment the total number of outstanding Employment Appeals Tribunal recommendations that have not yet been implemented by employers; her views on whether this is an acceptable level; the measures her Department has taken to improve this situation; and if she will make a statement on the matter. [21374/04]

I do not have the actual number of determinations of Employment Appeals Tribunal that are not implemented.

There are 15 pieces of legislation under which employees may refer cases to the Employment Appeals Tribunal, in addition to disputes under the Redundancy Payments Acts 1967 to 2003, but only 11 of these are the responsibility of my Department.

The legislation provides that the employer is allowed six weeks to implement the award. During the six weeks period either party concerned may appeal on a point of law to the Circuit Court. At the end of the six weeks period, if the employer has failed to implement the award, the District Court-Circuit Court, on application by the employee concerned, i.e. the employee may decide to pursue a determination from the Employment Appeals Tribunal privately; any trade union, with the consent of the employee, as a member; or the Minister, if the Minister considers it appropriate to make the application having regard to all the circumstances, may make an order directing the employer to carry out the determination in accordance with its terms.

The Deputy should be aware also that where an employee requests the legal services unit of my Department to make application to the court to have a determination enforced, other difficulties may arise, such as the employer, as a company, is no longer a legal entity, in which circumstance it is not possible for the employer to be made the subject of legal proceedings; the employer, as a company, is in receivership or liquidation; proof that a copy of the determination was served on the employer cannot be offered in court; or legal searches that have been carried out show that the employer has no discernible assets.

Currently, the legal services unit of my Department has 80 cases on hand which relate to EAT determinations. Thirty of these have been referred to the Chief State Solicitor's office to institute legal proceedings — proceedings are heard in the county where the employer resides. A further four are the subject of instalment orders. The remainder are in preparation for referral to the Chief State Solicitor's office or are cases in which further inquiries are in train.

Health and Safety Regulations.

Breeda Moynihan-Cronin

Question:

194 Ms B. Moynihan-Cronin asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of primary and secondary schools which are currently being investigated by the Health and Safety Authority; the names and addresses of those schools; and if she will make a statement on the matter. [21533/04]

Health and Safety Authority inspectors inspect workplaces to monitor compliance with the Safety, Health and Welfare at Work Act 1989 and associated legislation including the Safety, Health and Welfare at Work (General Application) Regulations 1993. The legislation places a duty on employers to safeguard the health and safety of their employees. Work activities must also be carried out by the employer in a manner which will not affect the health and safety of others at the workplace. The health and safety of students in full-time education is not covered by the 1989 Act but would be covered by the employer's duty of care to non-employees.

The monitoring and inspection of workplaces is a day to day matter for the authority in which I have no direct function. However, I am informed that authority inspectors inspected 19 primary schools and 12 secondary schools in the period 1 January to 10 September 2004, which resulted in a total of 35 visits.

These inspections would have reviewed workplace conditions for teachers and ancillary staff and monitored conditions for other workers such as those involved in construction or maintenance work, removal of asbestos containing material etc.

The Health and Safety Authority, in accordance with the provisions of section 45 of the Safety, Health and Welfare at Work Act 1989 relating to restrictions on the disclosure of information, does not publish details of the names and addresses of workplaces inspected by it.

Job Creation.

Breeda Moynihan-Cronin

Question:

195 Ms B. Moynihan-Cronin asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of IDA Ireland supported jobs crated in County Kerry in each of the years from 1997 to 2002 and to date in 2003; and if she will make a statement on the matter. [21534/04]

IDA Ireland is the agency with statutory responsibility for the attraction of foreign direct investment, FDI, to Ireland, including its regions and areas. I take it the Deputy is seeking information on IDA supported jobs created in each of the years from 1997 to 2003 and to date in 2004.

The attached table outlines the number of IDA Ireland supported jobs created in County Kerry from 1997 to 2003, inclusive. This data is compiled from the annual Forfás employment survey. County data for 2004 will not be available until mid-2005.

IDA Ireland is actively promoting County Kerry to potential investors via its network of overseas offices and project divisions with every effort being made to secure new investments for the area. In addition to targeting potential new projects, IDA Ireland continues to work with the existing base of companies in the region with a view to supporting such companies with potential expansions and diversification of activities. In this respect, two of the existing companies in the county had announcements in April 2004: Dollinger (Ireland) Limited, present in Killarney for over 20 years, is to become the global centre for production for its compressed air products range. Dollinger Ireland will have global responsibility for the development of this particular product. This €1.1 million investment will create over 70 new jobs over the next four years and has resulted in Dollinger relocating to larger premises on the IDA Ireland Business Park in the town; and Liebherr Container Cranes Limited, which has been in Killarney for 46 years, is to recruit six highly skilled R&D personnel for a new R&D specialised team. The team, which will be of strategic importance to the parent company and will enhance the facility's role as the centre of control for Liebherr's container crane products, will develop products from concept through to product launch. In addition, any intellectual property, IP, developed will be the property of the Irish company.

To continue to improve the attractiveness of Kerry as a location for inward investment, IDA Ireland completed site development works in 2003 on its business and technology park at Tiernaboul, Killarney, County Kerry. The site area totals 4.66 hectares, approximately 12 acres. In addition, a local group of business people under the BES scheme have completed a new building of 14,716 square feet on a site acquired from IDA on the park and the agency is actively marketing this facility as an alternative property solution to present to potential investors.

In Tralee, IDA Ireland is actively marketing Shannon Development's 35-acre Kerry Technology Park, which is adjacent to the Institute of Technology, ITT, and offers high quality office accommodation in a suitable environment for ICT, software and international services sectors.

County Kerry

1997

1998

1999

2000

2001

2002

2003

No. of Companies

23

24

25

23

223

22

23

Employment

1,859

1,936

2,196

2,646

2,961

2,444

2,505

New Jobs

160

177

346

543

374

153

82

Community Employment Schemes.

Mary Wallace

Question:

196 Ms M. Wallace asked the Tánaiste and Minister for Enterprise, Trade and Employment if consideration will be given to relaxing the three year rule on community employment schemes for persons who are over 60 to take into consideration the unrealistic expectation of developing a career when in such close proximity to pension age; and if she will make a statement on the matter. [21555/04]

Brendan Howlin

Question:

210 Mr. Howlin asked the Tánaiste and Minister for Enterprise, Trade and Employment if her attention has been drawn to the fact that the capping off of FÁS community employment schemes by restricting participation to a lifetime total of three years will impact seriously on many community employment schemes in County Wexford whose participants are aged 40 to 55 and have difficulty gaining meaningful mainstream employment; if she will review the capping off restriction to take account of particular difficulties of more mature age cohorts; and if she will make a statement on the matter. [22278/04]

I propose to take Questions Nos. 196 and 210 together.

As part of the Government's decision in 1999 to restructure community employment, CE, future participation in CE by an individual was capped at three years, effective from April 2000. All time worked on CE after this date is taken into account by FÁS when determining an individual's eligibility for the programme. This change was introduced to discourage repeated participation in CE and to encourage unemployed persons to avail of training-education options where possible, which are shown to have more successful progression outcomes for individuals.

The three year cap was amended in August 2001 to allow a limited number of particularly disadvantaged persons to remain on the programme for a further period. FÁS considers participants for such an extension if on reaching the end of their normal entitlements on CE they are likely to experience difficulty in getting employment. A number of CE participants have difficulty in progressing to open labour market employment due to their age, literacy or numeracy problems or a lack of suitable jobs available locally.

The terms of participation on CE are under continuing review. In this regard, senior officials in my Department are currently examining submissions received from the social partners in response to a Government consultation paper on the future of active labour market programmes. I intend to meet with the social partner representatives in the near future to discuss their responses.

The outcome of this process will be taken into account by the Cabinet Committee on Social Inclusion, which will consider the matter further.

Job Losses.

Denis Naughten

Question:

197 Mr. Naughten asked the Tánaiste and Minister for Enterprise, Trade and Employment, further to Parliamentary Question No. 176 of 10 February 2004, the progress which has been made to address job losses in Ballinasloe; and if she will make a statement on the matter. [21605/04]

I can advise the Deputy that Ballinasloe remains a location of high focus for IDA Ireland for new foreign direct investment. Since the Square D closure announcement in January 2003, there have been 12 site visits to Ballinasloe. FÁS continues to participate with other State agencies in helping people to find suitable employment in the Ballinasloe area.

The construction of a second advance technology building is also under way at the IDA Ireland Business and Technology Park in Ballinasloe and completion is expected before mid-2005. In addition, a site has been provided by IDA to the ESB for the construction of a 38KV station to satisfy the electricity needs of new projects locating on the park. I understand that ESB is currently out to tender for the construction of this station.

IDA Ireland and Enterprise Ireland are actively working with existing base of companies in the county and the Ballinasloe area to encourage them to grow and expand. IDA Ireland and other State agencies continue to actively participate in locally generated marketing initiatives.

Enterprise Ireland is providing support for the appointment of a manager for Ballinasloe Enterprise Centre as well as supporting a one year training programme for entrepreneurs in nearby institutes of technology under the enterprise platform programme, as part of encouraging high potential start-up companies in the region.

In the area of telecommunications, Galway County Council and the State development agencies are currently finalising a proposal for submission to the Department of Communications, Marine and Natural Resources for the development of broadband infrastructure.

The major decentralisation package announced in the budget includes 110 jobs to be relocated to Ballinasloe. This move demonstrates the Government's commitment to balanced regional development and will provide a further boost to enterprise development in this area.

The State development agencies are fully committed to ensuring an equal distribution of job creation opportunities and to encouraging the establishment of industry in the regions, in particular, the Border, midlands and west, BMW, region, of which Ballinasloe is an integral part.

I can assure the Deputy that the State development agencies, under the auspices of my Department, will continue to work closely together and with local interests in promoting Ballinasloe for additional investment and job creation.

Denis Naughten

Question:

198 Mr. Naughten asked the Tánaiste and Minister for Enterprise, Trade and Employment, further to Parliamentary Question No. 176 of 10 February 2004, the progress which has been made to address job losses in Athlone; and if she will make a statement on the matter. [21606/04]

A comprehensive IDA property programme is in place on the Athlone Business and Technology Park; two new technology buildings of approximately 25,000 sq. ft. and a further office unit of 14,000 sq. ft. which are complete and are currently being marketed by IDA Ireland. I understand that IDA Ireland is also at an advanced stage of negotiations with a potential small/medium sized client for one of the advance technology buildings on the Athlone Business and Technology Park.

Alienware Corporation's official opening of its European Operations Centre in Athlone in September 2003 creating 80 jobs was a welcome development, as was the announcement in October 2003 that Mapics Incorporated would establish a technical support and shared services centre in Athlone, creating 55 new jobs. Both companies have commenced operations in Athlone.

Enterprise Ireland infrastructural projects include the community enterprise centres and incubation facilities in the colleges. A prime example of this approach is their extensive involvement with the Athlone Institute of Technology. Currently under construction is the new Midlands Regional Innovation Centre at the Athlone Institute of Technology. This 8,000 sq. ft. centre is expected to be completed in December 2004. The centre was approved grant assistance of €2.54 million by Enterprise Ireland in recognition that increased innovation and start-ups, particularly in the high tech sectors, are vital to the future growth of Athlone and the Midlands. In addition, Enterprise Ireland works closely with the institutes of technology to encourageindustry-third level partnerships in the region.

The major decentralisation package announced in the budget includes 145 jobs to be relocated to Athlone. This move demonstrates the Government's commitment to balanced regional development and will provide a further boost to enterprise development in the area.

The State development agencies are fully committed to ensuring an equal distribution of job creation opportunities and to encouraging the establishment of industry in the regions, in particular, the Border, midlands and west, BMW, region, of which Athlone is an integral part.

I can assure the Deputy that the State development agencies, under the auspices of my Department, will continue to work closely together and with local interests in promoting Athlone for additional investment and job creation.

Job Creation.

Denis Naughten

Question:

199 Mr. Naughten asked the Tánaiste and Minister for Enterprise, Trade and Employment the action she has taken to provide alternative employment in the village of Roosky, County Roscommon; when she last discussed this matter with IDA Ireland and Enterprise Ireland; the discussions between her Department and State agencies under the control of her Department with a company (details supplied), with regard to the availability of the site for a replacement industry; and if she will make a statement on the matter. [21637/04]

Denis Naughten

Question:

200 Mr. Naughten asked the Tánaiste and Minister for Enterprise, Trade and Employment the grant aid returned to her Department by a company (details supplied) following the closure of its Roosky plant in County Roscommon; and if she will make a statement on the matter. [21638/04]

I propose to take Questions Nos. 199 and 200 together.

As a result of a fire which took place on 8 May 2002, slaughtering and processing activities came to an end at the company in Roosky. However, the cannery activity survived and continues to employ approximately 100 people.

No grant aid has been returned to Enterprise Ireland, EI, to date. Discussions are ongoing between EI and the company to determine the level of liability. While certain activities have been discontinued, the cannery operation has been retained and is being further developed with new added value products which have the potential to significantly increase sales from the Roosky facility.

In ongoing discussions with the company, Enterprise Ireland, the agency charged with responsibility for the development of indigenous industry, has reiterated its objective to preserve and develop activities on the site. In addition, EI is also promoting the site and its capabilities to a number of independent promoters. However, no definitive proposals have emerged as yet.

As regards alternative employment, EI announced in July 2003 that it had provided assistance to Vistamed Limited in Roosky, which should lead to the creation of 30 jobs in the company. In nearby Longford, the recent announcement of a 600 person operation by Abbott Diagnostics, with support from IDA Ireland, is a significant boost to providing job opportunities. In Carrick-on-Shannon, MBNA have increased employment to more than 1000 people over the last three years, thereby providing further job opportunities for the area.

The State agencies, including the County Enterprise Board, will continue to promote the region for further investment and job creation.

Work Permits.

Liz McManus

Question:

201 Ms McManus asked the Tánaiste and Minister for Enterprise, Trade and Employment if she will review her policy of granting work permits for film producers to bring in American film technicians to work on films in Ireland in view of the growing threat to the livelihoods of Irish film technicians; and if she will make a statement on the matter. [21711/04]

I have asked my Department to consider the particular circumstances of the film industry and to review the suitability of our instruments of economic immigration for that sector. It will be important to ensure that Ireland remains an attractive location for overseas filmmakers.

Proposed Legislation.

John Gormley

Question:

202 Mr. Gormley asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of Bills that have been drafted outside the Office of the Attorney General by solicitors since the general election of 2002; the cost to date of the outsourcing of the drafting of legislation; if legislation has had to be corrected subsequently in many cases; the Bills which are currently being drafted by firms of solicitors; the legislation she intends to outsource this term; and if she will make a statement on the matter. [21822/04]

Since the formation of the current Government, no primary legislation relating to the work of my Department has been drafted outside the Office of the Attorney General. There are currently no proposals to outsource the drafting of legislation for this term.

Job Creation.

Michael Ring

Question:

203 Mr. Ring asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of jobs created by IDA Ireland and Enterprise Ireland for the past five years in County Mayo; the breakdown of the jobs created; and the number of jobs lost in the county for that period, including location number and so on. [21993/04]

I have asked my Department to consider the particular circumstances of the film industry and to review the suitability of our instruments of economic immigration for that sector. It will be important to ensure that Ireland remains an attractive location for overseas filmmakers.

Departmental Agencies.

Michael Ring

Question:

204 Mr. Ring asked the Tánaiste and Minister for Enterprise, Trade and Employment the amount IDA Ireland is paying for a factory (details supplied) it has leased in Ballinrobe following the revised lease agreement; the length of time the lease is for; if there is hope of getting the factory filled; and if there is a way in which the factory can be used for community purposes rather than leaving it idle and being paid for by the taxpayer. [21994/04]

IDA Ireland has statutory responsibility for the attraction of foreign direct investment to the State and its regions. The management of IDA Ireland's industrial property portfolio is a day-to-day operational matter for the agency and not one in which I have a direct function.

I understand from IDA Ireland that the lease on the factory commenced on 2 January 1983 and is due to cease on 1 January 2018, a period of 35 years. Under the terms of the lease, rent reviews are due to take place every five years and following the last rent review on 2 January 2003 the current rent is now €160,450.57 per annum.

IDA Ireland is continuing to market the building for suitable inward investment and to Enterprise Ireland supported companies. IDA Ireland continues to evaluate all proposals for the use of the building against the need to have buildings available for inward investment and Enterprise Ireland supported companies.

I am confident that the policies and strategies being pursued by IDA Ireland in relation to the management of its property portfolio are properly focused and will hopefully result in attracting additional overseas investment and jobs for the people of Ballinrobe.

Job Creation.

Fergus O'Dowd

Question:

205 Mr. O’Dowd asked the Tánaiste and Minister for Enterprise, Trade and Employment the progress by IDA and Enterprise Ireland in attracting jobs to County Louth and in particular to the towns of Drogheda, Dundalk and Ardee. [22146/04]

The issue of job creation is a day-to-day operational matter for Enterprise Ireland and IDA Ireland and not one in which I have a direct role.

IDA Ireland is actively marketing County Louth as a potential location for new foreign direct investment, FDI, with the local area IDA Ireland office working in close co-operation with existing clients and the agency's network of overseas offices in order to secure new investment and additional jobs for the towns of Drogheda, Dundalk and Ardee. Ultimately decisions regarding where to locate a project are taken by the overseas investors.

At present there are 19 IDA Ireland assisted companies in County Louth, employing approximately 2,339 people; 11 of these companies are located in Dundalk, seven in Drogheda and one in Ardee. Recent developments include ABB in Dundalk, which has provided 40 additional jobs in its manufacturing operation during 2003 and is now embarking on a major expansion of its research and development and marketing functions which will see the creation of a further 115 jobs, mainly for graduates, and Finmatica Trademark Limited which has begun the process of locating in a 3,000 sq. ft. section of the Science Services Centre in Finnabair Business Park in Dundalk, with projected employment of 60 within three years.

In an effort to further enhance the attractiveness of the county to overseas investors, IDA has recently developed a new 63-acre flagship business and technology park in Drogheda. Planning permission has also been obtained to upgrade the Finnabair Business Park in Dundalk to flagship park standard, and 35 acres are available for development there. In addition, IDA is actively promoting its strategic site at Mullagharlin, Dundalk.

Enterprise Ireland works with companies in its portfolio in County Louth to assist them grow their sales and exports and improve innovation in order that they can compete on world markets. The agency is encouraging companies to adopt new technologies to add value to their products and services. To this end Enterprise Ireland has approved financial support of over €5.2 million to companies in County Louth since the beginning of 2002. This support enables companies to fund their plans for innovation and new product development.

In addition, Enterprise Ireland supports the Dundalk Institute of Technology, DIT, to foster links with industry thereby encouraging industry to increase its use of technology. Under the Enterprise Ireland innovation partnership and research funding programme, Enterprise Ireland has, since 2003, approved over €470,000 in funding to the DIT for research projects with industry.

Enterprise Ireland has supported the development of a business incubation space at DIT. In May 2004 the agency approved a further €0.414 million of capital support for the development of phase 4 of the regional development centre at the college. This is in addition to capital support of €1.97 million and €76,000 towards the cost of a centre manager which was approved in February 2002.

As part of the community enterprise centre programme which encourages local enterprise, Enterprise Ireland has provided funding for enterprise centres in both Drogheda and Ardee. It is expected that the first four units of the Drogheda enterprise centre will be completed in November 2004, and completion of the Ardee enterprise centre is expected in January 2005.

I am confident that the strategies and policies being pursued by both IDA Ireland and Enterprise Ireland, will continue to bear fruit in terms of delivering the maximum possible level of additional jobs for County Louth, including the towns of Dundalk, Drogheda and Ardee.

Industrial Development.

Fergus O'Dowd

Question:

206 Mr. O’Dowd asked the Tánaiste and Minister for Enterprise, Trade and Employment the size and location of advance factories available in County Louth. [22148/04]

IDA Ireland, the agency with statutory responsibility for the attraction of foreign direct investment, FDI, to Ireland provides, as part of its remit, property solutions for both overseas clients and clients of Enterprise Ireland.

At present, IDA Ireland is marketing a 20,000 sq.ft. advance factory which has been provided by a private developer on his own land at Dundalk, County Louth. A number of smaller units are available at Donore Business Park in Drogheda.

The main focus of IDA's targeted business is now on the services sector where office accommodation is the normal requirement. A quality office building comprising 27,000 sq. ft. at Donore Road, Drogheda, was completed in August 2004 by a private developer, and this is now being actively marketed by IDA Ireland for potential inward investment.

IDA Ireland has planning permission for more than 150,000 sq. ft. of office space at its new IDA Ireland Drogheda and Business Technology Park. Although located approximately 100 metres inside the boundary of County Meath, this park, which comprises 63 acres, has undergone a €5 million development. The park, which is a flagship development, will be the main catalyst for attracting inward investment to Drogheda. IDA Ireland hopes to tender for the provision of the first buildings on the park over the coming months. IDA Ireland also has planning permission for a 25,000 sq. ft. advance technology building on the park.

In Dundalk, Finnabair Business Park is currently being upgraded by IDA Ireland in a €5 million investment programme to bring it to flagship standard. Planning permission is in place for three 30,000 sq. ft. office buildings and two 25,000 sq. ft. advance technology buildings. As in Drogheda, a similar tendering programme for the construction of the first of these buildings is about to be undertaken.

IDA Ireland has recently secured planning permission for two smaller units on Finnabair Business Park. These units will be located in an area of the park where master planning has been undertaken for up to seven more units, all comprising approximately 7,000 sq. ft.

IDA Ireland's plans are augmented by similar proposals from the private sector to provide marketable space in the town. In addition to the above, approximately 12,000 sq. ft. of marketable space is available at Blackthorn Business Park which can cater for activities from light manufacturing to office accommodation. A total of 2,000 sq. ft. of quality office space is available in the Sciences Services Centre on Finnabair Business Park.

IDA Ireland is also actively marketing the vacant 160,000 sq. ft. of available space at the Xerox campus in Dundalk and the 120,000 sq. ft. available in the former Tellabs in Drogheda.

Department Websites.

Paul McGrath

Question:

207 Mr. P. McGrath asked the Tánaiste and Minister for Enterprise, Trade and Employment, in relation to her Department’s website, the number of persons who have responsibility for upgrading the website and eliminating outdated and often inaccurate information. [22191/04]

My Department's website is a vital information channel for our customers. In 2003 the website was awarded the runner-up prize in the Public Sector Times e-Government awards. It was praised, in particular, for the amount and quality of information it contained.

In December 2003, as part of the Department's commitment to continuous improvement and quality customer service, the information resource unit commissioned a redesign and enhancement of the Department's website bringing the website further in line with industry standards for accessibility and usability. The new site is completely user-centric and is based on popular themes rather than divisional structures. The website is now more accessible to all users, including people with disabilities. Other new features of the website include an improved search engine and syndicated press releases.

The provision of timely and accurate information on the website is a departmental priority. To this end, there are 35 website content controllers in my Department with responsibility for regularly updating website content for their business units' areas of responsibility. This process is overseen by the Department's information resource unit within which four officers are dedicated to managing all aspects of the website.

My Department encourages feedback on its website and there is an on-line facility for users to rate the site under different headings and to make suggestions as to how it might be improved. Feedback on the website receives immediate attention from the information resource unit. If the Deputy has a specific query in relation to the website the information resource unit would be glad to be of assistance and can be contacted via the Contact Us icon on our home page.

Job Losses.

Fergus O'Dowd

Question:

208 Mr. O’Dowd asked the Tánaiste and Minister for Enterprise, Trade and Employment her views on an article which stated that a company (details supplied) in County Louth is set to axe 200 jobs in its factory in Dunleer; and the action she is taking to protect employment at this firm. [22263/04]

I am aware of certain difficulties being faced by the company in question. I understand that the company is finding it difficult to manufacture fan heaters competitively in Dunleer and some models are now being made abroad. However, I understand that no decision has been made on the future of the plant at this time.

Enterprise Ireland, the agency charged with responsibility for the development of indigenous industry, has been working closely with the company with a view to seeking suitable alternative products to manufacture in County Louth. A number of options are being considered by the company in relation to trying to secure employment in Dunleer.

Work Permits.

Bernard J. Durkan

Question:

209 Mr. Durkan asked the Tánaiste and Minister for Enterprise, Trade and Employment the position in relation to a work permit appeal in the case of a person (details supplied) in County Dublin; and if she will make a statement on the matter. [22268/04]

A work permit application was received on 24 August 2004. Assuming the application is complete and is otherwise in order, work permits are currently taking about eight weeks to process.

Question No. 210 answered with QuestionNo. 196.

Job Creation.

Charlie O'Connor

Question:

211 Mr. O’Connor asked the Tánaiste and Minister for Enterprise, Trade and Employment if she will report on the efforts of her Department to create employment opportunities in Tallaght, in view of the huge youth population in the area and the need for jobs; and if she will make a statement on the matter. [22308/04]

IDA Ireland's strategy for the Dublin area is to attract and expand major foreign direct investment projects, moving up the value chain. Tallaght in south County Dublin continues to be actively marketed by IDA Ireland to potential investors and is well equipped to compete with other areas for potential foreign direct investment, with a third level institute, Tallaght Institute of Technology, and superb infrastructural facilities at Citywest and Grange Castle.

A number of companies in the electronics, internationally traded services and software sectors such as AOL, GE Interlogix, UPS, and SAP have established operations in the Tallaght-Citywest area and will continue to grow in line with projections.

The Japanese pharmaceuticals project, Takeda Chemical Industries, which announced its major new investment in Ireland, has begun construction in Grange Castle, Clondalkin. The plant will employ over 60 people upon completion. Also in Grange Castle, Wyeth Biopharma has approximately 700 highly skilled people already employed at the facility. The Government approved support for this major investment, which will create 1,300 jobs by the year 2005. Companies that have availed of IDA Ireland incentives include Loctite in Tallaght, which has established a state of the art R&D facility, and Sage and Xilinx in Citywest.

Enterprise Ireland works with companies in the south Dublin region to assist them grow their sales and exports and improve innovation in order that they can compete on world markets. The number of people employed in Enterprise Ireland companies in the region, which includes Tallaght, has increased from 9,797 in 1998 to almost 11,000 today.

Enterprise Ireland works closely with the Institute of Technology in Tallaght in encouraging the commercialisation of research and has supported the development of business incubation space at the college to the amount of €2.54 million. In August 2004, the institute signed an agreement with Enterprise Ireland to commence construction of a campus incubator facility. This facility when completed will generate quality start up enterprises emanating from college research.

In addition, as part of the community enterprise centre programme which encourages local enterprise, Enterprise Ireland provided grant assistance to the four community enterprise centres in Tallaght, namely Main Road, Bolbrook, Brookfield and Killinarden.

The South Dublin County Enterprise Board is actively involved in supporting the creation of enterprises employing ten people or less in the Tallaght area. The board provides supports such as financial grants, advice and enterprise training to those establishing or expanding their business. In the current year, an additional €125,270 has been approved to seven Tallaght-based clients with a potential of 25 additional new jobs. Amongst the priority categories identified by the South Dublin Enterprise Board are the unemployed, and promoters from disadvantaged areas in Tallaght and Clondalkin.

Equality Policy.

David Stanton

Question:

212 Mr. Stanton asked the Tánaiste and Minister for Enterprise, Trade and Employment if mechanisms exist to ensure that interview boards established under the auspices of her Department and which comprise of two or more persons are gender balanced; and if she will make a statement on the matter. [22357/04]

It is the policy of my Department to make every effort to ensure the establishment of gender balanced interview boards for competitions run by my Department.

However on rare occasions the establishment of a gender balanced board has not always been possible due to official business commitments; or where a specific competition requires a level of expertise that is limited to very few officers; or resulting from annual leave arrangements.

Work Permits.

Paul Kehoe

Question:

213 Mr. Kehoe asked the Tánaiste and Minister for Enterprise, Trade and Employment the status of the work permit application from a person (details supplied) in County Wexford; the reason for the delay in processing this application; and if she will make a statement on the matter. [22371/04]

I am informed that the work permits section has recently made a decision to refuse the above application for a work permit based on the following criteria.

It is not satisfied that all reasonable steps have been taken to recruit a suitably qualified Irish or EEA national for the job. Work permits are now only being considered for highly skilled highly paid positions.

Furthermore, work permits can only be considered where it is established that a full-time job is on offer and where at least the national weekly minimum wage of €273 is being paid irrespective of the number of hours worked less than a normal 39 hour week.

The employer in question has been notified of this decision in writing and has been informed of their right of appeal.

Willie Penrose

Question:

214 Mr. Penrose asked the Tánaiste and Minister for Enterprise, Trade and Employment if, in view of the additional information sent on 26 May 2004, work permits for persons whose applications were submitted by a company (details supplied) in County Westmeath will be dealt with as a matter of urgency; and if she will make a statement on the matter. [22503/04]

I am informed by the work permits section that an application was received on 12 February 2004 from the above employer for Mr. Gurnam Singh. On the 12 July 2004 the employer was informed in writing of a decision to refuse this application and was also informed of his right to appeal. To date no such appeal has been received in the work permits section.

There is no record of valid work permit applications for any of remaining individuals.

Insurance Industry.

John Deasy

Question:

215 Mr. Deasy asked the Tánaiste and Minister for Enterprise, Trade and Employment her views on the recent report from the National Competitive Council that showed an 11 per cent increase in non-life insurance cover in spite of her insurance reform programme; and if she will make a statement on the matter. [22525/04]

The figure of 11.2% increase shown in the recent report of the National Competitiveness Council, NCC, in respect of non-life insurance premia in Ireland relates to the year 2003. The insurance reform programme was launched in October 2002. Spiralling motorcar insurance premia costs hit a peak with an index of 108.0 in March 2003, and since then the index has dropped to 92.8 in August of this year, according to the Central Statistics Office monthly indices — based mid-December 2001 — which is a decrease of 15.2 index points or 14.07%.

Data obtained by the MIAB in its quarterly surveys shows significant decreases in motor insurance premia over the past 12 months. For example, the data provided by MIAB for three specific companies between March 2003 and March 2004, indicates the following reductions: 10% to 15.6% in comprehensive insurance for a 30 year old male; 10% to 41% in comprehensive insurance for a 50 year old female; and, 10% to 44.6% for third party, fire and theft insurance for a 21 year old male.

Anecdotal evidence supplied by representative groups suggests that liability premia are also falling.

In addition, there has been an improvement in the functioning of the Irish insurance market. The Irish Insurance Federation, IIF, recently revealed that the 20 non-life insurance companies operating in the Irish market made a combined operating profit of €747 million in 2003. While insurers profitability has led to reductions in insurance premia it also enhances the attractiveness of the market to prospective new entrants.

A number of new entrants in the motor and liability areas are now authorised to operate on a freedom of services basis in Ireland and a number of companies have applied for authorisation to locate in Ireland.

Company Closures.

Seymour Crawford

Question:

216 Mr. Crawford asked the Tánaiste and Minister for Enterprise, Trade and Employment if she and the Government are taking further steps to make sure that there is parity of esteem between the IFI workers in Belfast, Arklow and Cork; if her attention has been drawn to the fact that the Northern Ireland workers in IFI are very aggrieved that they are being treated in a completely different way to their colleagues in Arklow and Cork; her views on whether this unfair treatment is at serious variance to the thinking and aspiration of the Good Friday Agreement in view of the fact that the Government is a major shareholder in this company; the amount it would cost the Government and the other shareholder individually; and if she will make a statement on the matter. [22557/04]

I understand that employees based in Belfast, who are deferred pensioners of the Richardsons pension fund, are likely to receive a much reduced pension and that the staff in question are, understandably, very aggrieved about this position.

The specific financial position of the Richardsons fund appears to have arisen primarily from a combination of the statutory rules which currently apply on the winding up of a pension fund in the UK and a shortfall in the assets of the Belfast fund compared with its liabilities as a result of the fund trustees' investment strategy coupled with a significant fall in the equities market.

I understand that the UK government has announced proposals to deal with the issue of pension shortfalls arising from insolvencies but I am not aware of the impact, if any, this may have on the shortfall in the Richardsons' scheme. In addition, I understand that the trustees of the Richardsons scheme have submitted a claim to the liquidator of IFI, though the status of this claim has not yet been established.

While I have the utmost sympathy for the plight of the members affected by the shortfall that has arisen in the scheme, I am satisfied that the Irish Government does not have any obligations in respect of the shortfall which the pension scheme faces and I do not see any basis on which we could reasonably be expected to make good the shortfall involved.

Without any legal obligation to do so, the shareholders jointly funded €24.5 million in ex gratia severance payments to the former IFI employees. These payments were distributed to the employees on the basis determined by the trustee appointed to manage the funds. The approach adopted by the trustee was endorsed by a ballot open to all employees. The cost of the ex gratia scheme borne by the shareholders was on top of the loss of their equity investment in IFI and the write-off of €34.5 million in loans to the company.

Liz McManus

Question:

217 Ms McManus asked the Tánaiste and Minister for Enterprise, Trade and Employment the situation with regard to the shortfall in the pension funds as they apply to former IFI workers in view of her comments made at the time of the closure of IFI; the amount of that shortfall; the number of trade creditors still awaiting payment and the eventual payment percentage likely; if both employees and creditors will receive the payment they are owed in full; and if she will make a statement on the matter. [22600/04]

I understand that the pension schemes covering all employees in the Republic, apart from a scheme covering two former CEOs, had sufficient funds to meet all of the entitlements provided under the scheme but that there was not sufficient funds to pay some discretionary benefits that employees had hoped to receive. I have only very limited information available about the scheme covering the former CEOs but I understand that this may have been significantly underfunded.

As regards the Richardsons pension scheme, which covered the employees based in Belfast, I understand that the scheme currently believes that it will only be able to pay active members, that is the employees still working at the time the company ceased operations, less than half their entitlements under the scheme. However, the UK Government recently announced proposals to deal with the issue of pension shortfalls arising from insolvencies but I am not aware of the impact, if any, this may have on the shortfall in the Richardsons scheme. In addition, I understand that the trustees of the Richardsons scheme have submitted a claim to the liquidator of IFI, though the status of this claim has not yet been established. Until these and other issues are determined it is not possible to precisely quantify the shortfall involved.

I understand that the liquidation is progressing in an orderly and efficient manner and that considerable progress has been made in relation to the realisation of the company's assets. However, while the company's principle properties at Arklow and Marino Point, Cork, have been placed on the market, I am advised that it may take some time to sell them.

I also understand that most of the company's obligations to secured creditors have now been settled while payments to preferred creditors, which would include some amounts due to former employees, have been or are in the course of being made. Unfortunately, it is unlikely that any payments will be made to unsecured creditors, including trade creditors, until the main property assets are sold, which I understand could take some time. At this stage, I am not in a position to determine the prospective level of payment to unsecured creditors.

National Drugs Strategy.

Róisín Shortall

Question:

218 Ms Shortall asked the Tánaiste and Minister for Enterprise, Trade and Employment if she will report on those actions for which she has responsibility, namely actions 74, 75 and 76 in relation to her obligations under the national drugs strategy; and if she will make a statement on the matter. [22804/04]

The following is the position re Actions 74, 75, and 76 which are being implemented by FÁS. Following a review of community employment a decision was made by Government that community employment drugs related schemes would be ring-fenced and maintained at 957 participants nationally. These places have been maintained to this number.

Community employment supervisors have received drugs awareness training and this programme is being provided to all supervisors.

Currently a review of all aspects of community employment in relation to drugs related projects is being completed and will be presented to the drugs task force for consideration and appropriate action.

Only one application was received under the social economy scheme in relation to a drugs project. This application was successful and the project started on 9 December 2002. The sponsors, Merchants Quay, did not consider social economy as a suitable progression option for their clients and the project closed on 2 April 2004 following major difficulties recruiting suitable participants.

However, FÁS will assist the work being undertaken by the sponsor by providing three participants on community employment.

Proposed Legislation.

Pat Rabbitte

Question:

219 Mr. Rabbitte asked the Tánaiste and Minister for Enterprise, Trade and Employment if the approval of the Attorney General was sought by her Department in regard to the subcontracting out to private firms of the drafting of legislation; the number of occasions on which such consent was given; if the Attorney General is satisfied with the drafting of legislation outside of her office; and if she will make a statement on the matter. [22692/04]

Since 1997, no primary legislation relating to the work of my Department has been drafted outside the Office of the Attorney General. There are currently no proposals to outsource the drafting of primary legislation for this term.

Posthumous Honours.

Finian McGrath

Question:

220 Mr. F. McGrath asked the Minister for Defence if there are plans to honour a person (details supplied) in County Westmeath who stood up for his country and paid the ultimate price. [21466/04]

The historical events of the mutiny by a considerable number of Irish soldiers serving with the Connaught Rangers in India in 1920 are well known. The person referred to was serving as a private with the regiment in India at the time.

He was executed by firing squad in November 1920 as a result of his involvement in those events. He was the only person executed, as a number of other capital sentences were subsequently commuted.

His father was granted a dependant's allowance under the Connaught Rangers (Pensions) Act 1936 until his own death in 1943.

His body was repatriated to Ireland from India and was re-interred at Glasnevin in 1970. The remains of two other Connaught Rangers, who had been killed in the course of the mutiny, were also repatriated and re-interred at the time.

A memorial was erected in Glasnevin cemetery in 1949. The great personal courage and conviction of those involved in the events in India in 1920 has always been freely acknowledged.

Finian McGrath

Question:

221 Mr. F. McGrath asked the Minister for Defence if there was any complaint from the Indian Embassy about honouring Victoria Cross winner Sergeant Major Coughlan who served in India in 1857 when tens of thousands of Indian nationals of all ages and religions were mass murdered; and if he will make a statement on the matter. [21467/04]

No complaint has been received from the Indian Embassy.

Military Investigation.

Denis Naughten

Question:

222 Mr. Naughten asked the Minister for Defence further to Parliamentary Question No. 82 of 8 July 2004, if he has received a report from the chief of staff; if he has considered its recommendations; and if he will make a statement on the matter. [21627/04]

As outlined in previous replies the chief of staff received a report from the board of officers in mid-June and subsequently sought clarification on a number of matters arising. This clarification, which involved research of archival material, has been received by the chief of staff and the report is still under examination.

Pending the outcome of the examination, it would not be appropriate for me to comment. I will carefully consider any recommendations that the chief of staff may make in relation to the issue.

Proposed Legislation.

John Gormley

Question:

223 Mr. Gormley asked the Minister for Defence the number of Bills that have been drafted outside the office of the Attorney General by solicitors since the general election of 2002; the cost to date of the outsourcing of the drafting of legislation; if legislation has had to be corrected subsequently in many cases; the bills which are currently being drafted by firms of solicitors; the legislation he intends to outsource this term; and if he will make a statement on the matter. [21823/04]

The question does not arise in so far as my Department is concerned.

Departmental Staff.

Paul McGrath

Question:

224 Mr. P. McGrath asked the Minister for Defence, in relation to his Department website, the number of persons who have responsibility for upgrading the website and eliminating outdated and often inaccurate information. [22192/04]

The Department's website, www.defence.ie is maintained by the information systems branch. A designated webmaster has responsibility for implementing changes as required. The accuracy and relevance of information on the website is the responsibility of business managers in the various branches of the Department.

Equality Policy.

David Stanton

Question:

225 Mr. Stanton asked the Minister for Defence if mechanisms exist to ensure that interview boards established under the auspices of his Department and which comprise two or more persons are gender balanced; and if he will make a statement on the matter. [22358/04]

Every effort is made to ensure that all interview boards, including those for civil service, Defence Forces and civilian employees promotion competitions in the Department of Defence are gender balanced, especially, where women candidates are included in the applicant group.

Proposed Legislation.

Pat Rabbitte

Question:

226 Mr. Rabbitte asked the Minister for Defence if the approval of the Attorney General was sought by his Department in regard to the subcontracting out to private firms of the drafting of legislation; the number of occasions on which such consent was given; if the Attorney General is satisfied with the drafting of legislation outside of his office; and if he will make a statement on the matter. [22685/04]

The question does not arise in so far as my Department is concerned.

Afforestation Programme.

Denis Naughten

Question:

227 Mr. Naughten asked the Minister for Agriculture and Food if he will outline the planning restrictions on forestry plantations; if there are such restrictions on a land owner planting forestry in the vicinity of an adjoining house; and if he will make a statement on the matter. [22112/04]

Denis Naughten

Question:

258 Mr. Naughten asked the Minister for Agriculture and Food if he will outline the restrictions on a land owner planting forestry in the vicinity of an adjoining house; if there are restrictions when drawing down grant aid in such circumstances; and if he will make a statement on the matter. [22113/04]

I propose to take Questions Nos. 227 and 258 together.

Planning approval by local authorities is not required for initial afforestation. However, a referral system operates in accordance with SI 538/2001, where the views of relevant bodies are sought as appropriate, including public consultation in certain circumstances.

To qualify for afforestation grant aid a new plantation must be set back 60 metres from any dwelling or associated buildings or 30 metres where the written consent of the owner is furnished prior to approval.

Decentralisation Programme.

Billy Timmins

Question:

228 Mr. Timmins 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 offices and by 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 regarding the proposed location of his Department’s headquarters; the views he has expressed on this; if he has consulted his staff regarding the 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. [21217/04]

My Department's decentralisation implementation plan acknowledges that staff may have concerns and sets out its intentions in this regard. Since the Government's announcement of its decentralisation plan in December 2003 my Department has kept all staff fully informed on a timely basis of developments and decisions taken regarding the decentralisation process. Information has been made available on the Department's intranet site and the partnership process has also been used as a forum for discussion and dialogue. A number of staff have already relocated to Portlaoise as part of the overall plan.

The recently published Central Applications Facility, CAF, figures show a good interest in staff both from within and outside of my Department wishing to relocate to Portlaoise. The decentralisation implementation group will report to the Cabinet sub-committee in the autumn outlining its views on sequencing and timing of decentralisation.

John Perry

Question:

229 Mr. Perry asked the Minister for Agriculture and Food the plans there are with regard to the area offices, in particular in Sligo, to downgrade these offices, in view of the new single payment and de-coupling arrangements; if he will assure staff in area offices with regard to the security of their employment; and if he will make a statement on the matter. [21219/04]

The single payment scheme will be made from the Department's office in Portlaoise. The local offices will continue to have an important role in disease eradication schemes and other veterinary functions. The decentralisation programme will create additional career opportunities for staff in local offices.

Grant Payments.

John Perry

Question:

230 Mr. Perry asked the Minister for Agriculture and Food if a decision on a person (details supplied) will be made to ensure he receives the ten month special beef premium; and if he will make a statement on the matter. [21220/04]

Under the EU regulations, advance payments under the special beef premium scheme cannot issue before 16 October 2004.

Under the 2004 EU special beef premium scheme the person named has to date lodged one application in respect of six animals. It is a basic requirement of the special beef premium scheme that all animals are held for the regulatory two month retention period and applicants are advised, in writing, in respect of each application lodged when the particular retention period expires and the first date on which animals may be sold. In this case the first date on which these animals could be sold was 19 April 2004.

Following computer validation of this application it transpired that one animal applied on was sold on 17 April 2004, before expiry of the regulatory two month retention period, and in accordance with the terms and conditions of the scheme the animal in question must be rejected, namely no premium will be paid in respect of this animal and a reduction penalty applied to the premium in respect of the other animals concerned.

However, in support of an appeal to the Agriculture Appeals Office the person named has supplied medical evidence showing that at that time normal farming duties were prevented by illness. Accordingly, rather than being rejected the animal in question will be deleted from the application and counted for stocking density purposes, which means that while no payment will issue, as the animal was not retained for the regulatory retention period, no further penalty will apply. Therefore, the person named will receive full payment in respect of the five animals which fully complied with the scheme's terms and conditions.

Agricultural Regulations.

Eamon Gilmore

Question:

231 Mr. Gilmore asked the Minister for Agriculture and Food if there are regulations governing the spreading of fertilisers on forest plantations, from the air; if it is permitted to spread fertiliser on a forest from an aeroplane; and if he will make a statement on the matter. [21372/04]

The Forest Service operates a dedicated pre-approval authorisation procedure for the aerial application of fertiliser to forest sites. As part of the approval procedure, the Forest Service consults with relevant statutory agencies and recommendations from these bodies are made a condition of any approval issued.

The authorisation procedure is supported by on the spot policing and inspections by the Forest Service inspectorate and strict adherence to the forestry and aerial fertilisation guidelines is mandatory. These guidelines clearly detail the comprehensive operational obligations on landowners, machine operators, pilots and managers.

The Forest Service developed the forestry and aerial fertilisation guidelines through extensive consultation with a wide range of relevant parties including statutory agencies, stakeholders and academia. The guidelines, cover all aspects of aerial fertilisation including site suitability, fertiliser rates and types, weather conditions, soil suitability, the application process, consultation, flight paths, slope, storage areas for fertiliser, helicopter equipment, supervision and timing of operation. Most importantly, the guidelines clearly identify unsuitable sites such as those with inadequate drainage systems and those prone to water logging. It should also be added that 100 metre exclusion zones apply to points of abstraction of all drinking water and reservoirs and that 50 metre exclusion zones apply to all aquatic zones, namely all permanent or seasonal rivers, streams or lakes shown on Ordnance Survey 6 inch maps. Operational measures applying to helicopter operators include the recording of flight paths using a suitable global positioning system, or GPS, and a requirement that the hopper or bucket must be closed when flying over aquatic zones.

Any incidents of pollution as a direct result of aerial fertilisation may be dealt with by local authorities, regional fishery boards and the Environmental Protection Agency under relevant legislation.

Helicopters are currently the only method approved for the aerial application of fertiliser in Irish forests.

Animal Welfare.

Trevor Sargent

Question:

232 Mr. Sargent asked the Minister for Agriculture and Food if his attention has been drawn to the decision by the Government of Austria to introduce a ban on battery chicken farming as part of a raft of new legislation to promote animal welfare; and if he has similar plans for Ireland. [21478/04]

I am aware of the decision by the Austrian Government to introduce a ban on battery chicken farming.

The current EU rules for the protection of laying hens, including those in battery cages, are set out in EU Council Directive No. 1999/74/EC, which have been transposed into national law by way of the European Communities (Welfare of Laying Hens) Regulations, 2002 (SI 98 of 2002). These regulations provide for minimum standards for the protection of laying hens and specify the accommodation and other welfare requirements for their keeping and rearing. The directive, which I supported during Council discussions, significantly improves the welfare of laying hens throughout the EU and will in particular prohibit conventional battery cages from 2012. This deadline is generally in line with a vote of the European Parliament on battery cages and has been welcomed by the animal welfare interests. It is my intention that the approach to this issue in Ireland will continue to reflect broad consensus at EU level, as reflected by the directive, rather than the particular perspective of any single member state.

Farm Household Incomes.

Breeda Moynihan-Cronin

Question:

233 Ms B. Moynihan-Cronin asked the Minister for Agriculture and Food the steps he is taking to reverse the decline in farm incomes; and if he will make a statement on the matter. [21493/04]

To underpin the financial stability of the sector, my Department operates a range of measures including market supports and direct payments aimed at supporting farm incomes. In 1990 direct payments accounted for 23% of aggregate farm income; since the CAP reform in 1992, direct payments to farmers have risen, and by the late 1990s they accounted for 50% of aggregate farm income. In 2003 direct payments of €1.6 billion contributed almost 75% of aggregate farm income. I have vigorously pursued the goal of supporting farm incomes by maximising the level of direct payments to farmers, ensuring that the EU Commission utilises all available management tools to support the markets and by providing the best possible development framework for the sector.

Last year there was an improvement in farm incomes with aggregate farm income as calculated by the Central Statistics Office rising by 2.6% to €2,174.8 million. Average family farm income in 2003 was estimated to be €15,054 by the National Farm Survey; although this varies significantly depending on the size and enterprise mix on farms and whether the farms are full-time or part-time. Full-time farms, defined in terms of labour requirements, had an average farm income €29,000 an increase of 4.6%.

Grant Payments.

Denis Naughten

Question:

234 Mr. Naughten asked the Minister for Agriculture and Food the grant aid returned to his Department by a company (details supplied) following the closure of its Roosky plant in County Roscommon; and if he will make a statement on the matter. [21639/04]

The last grant payment made by my Department in respect of the Roosky plant in County Roscommon was in June 1997.

My Department, in conjunction with Enterprise Ireland, is examining the position regarding contingent liabilities arising from the plant's closure in the wake of a fire in 2002. The process of recovery of any amounts identified as due will follow upon completion of this exercise.

Ned O'Keeffe

Question:

235 Mr. N. O’Keeffe asked the Minister for Agriculture and Food the reason for the delay in having payment issued to a person in County Cork in respect of the premia (details supplied). [21661/04]

The person named lodged three applications under the 2003 EU special beef premium scheme, one on the 21 February 2003, in respect of four animals; one on the 13 October 2003, in respect of 11 animals and one on 18 December 2003, in respect of four animals.

Payment has issued in full in respect of the applications received on 13 October 2003 and 18 December 2003. While payment in respect of the February application was initially delayed because of the transfer of the holding into the sole name of the person named, the file has now been processed and payment will issue shortly.

Paul Connaughton

Question:

236 Mr. Connaughton asked the Minister for Agriculture and Food if a person (details supplied) in County Galway is entitled to claim compensation for his cow quota; and if he will make a statement on the matter. [21790/04]

The person named established 18 suckler cow quota rights in 1993. He purchased 7.5 quota rights in 1995 and has leased out his entire quota of 25.5 quota rights as and from 1996. Since he is a participant in the early retirement scheme, he is precluded from farming in the future.

Since all livestock premia schemes will cease at the end of 2004 and will be replaced with one new scheme known as the single payment scheme on 1 January 2005, suckler cow and ewe premium quotas will no longer be required by any farmer in order to obtain payment.

There are no provisions under EU Council Regulation 1782/2003 or EU Commission Regulation 795/2004 for member states implementing full decoupling based on the historical model, to compensate farmers for loss of suckler cow or indeed ewe premium quotas.

Paul Connaughton

Question:

237 Mr. Connaughton asked the Minister for Agriculture and Food when a tuberculosis reactor grant will issue to a person (details supplied) in County Galway; and if he will make a statement on the matter. [21794/04]

The person named was requested by the local district veterinary office to carry out disinfection work in late August 2004. Processing of the appropriate TB valuation compensation payment will proceed when confirmation is received that disinfection procedures on the farm have been satisfactorily completed.

Animal Welfare.

Finian McGrath

Question:

238 Mr. F. McGrath asked the Minister for Agriculture and Food if fur farming here will be banned in response to the 64% of citizens who want an end to this stress on mink, fox and rabbits; and if he will report on the issue. [21815/04]

Fur farming is a legitimate farming activity here. Under the Musk Rats Act, 1933 (Application to Mink) Order 1965, the keeping of mink is prohibited except under licence from the Department of Agriculture and Food. Licences are issued under this legislation only if the applicant, following an inspection, is found to be compliant with a number of key conditions.

Licensed fur farms are also inspected to assess compliance with the Council of Europe recommendations concerning fur animals and Council Directive 98/58/EC concerning the protection of animals kept for farming purposes. These inspections have to date found that the licensed fur farms have been operating in compliance with current legislation. Inspections have also found that the slaughter methods employed by the licensed fur farms are permitted under the Sixth Schedule of the European Communities (Protection of Animals at Time of Slaughter) Regulations, 1995.

Fur Farming is considered to be a legitimate farming activity throughout the greater majority of member states of the European Union.

Given that the licensed fur farms operating in this country meet current national and EU requirements there is no reason why what is after all a legitimate farming activity, which is permitted in the greater majority of EU member states, should be banned.

Bovine Disease.

John Gormley

Question:

239 Mr. Gormley asked the Minister for Agriculture and Food if there are organic farms on which there has been incidence of BSE; and if he will make a statement on the matter. [21817/04]

While the determination of whether a farm is organic or not does not currently form part of the epidemiological investigation of BSE cases, my Department is aware of three incidents in which BSE has been confirmed in animals on organic farms.

Forestry Policy.

John Gormley

Question:

240 Mr. Gormley asked the Minister for Agriculture and Food if Coillte Teoranta ever burned felled trees or products; if so, the quantities involved; the locations at which this has taken place in the past ten years; and if he will make a statement on the matter. [21819/04]

Coillte Teoranta was established as a private company under the Forestry Act, 1988. This is a forest management issue and, as such, is a matter for the company in the first instance. However, I understand that it is not the practice of Coillte to burn felled trees. If the Deputy wishes to contact the company with further details of the matter at issue, it will be happy to assist.

Proposed Legislation.

John Gormley

Question:

241 Mr. Gormley asked the Minister for Agriculture and Food the number Bills that have been drafted outside the office of the Attorney General by solicitors since the General Election of 2002; the cost to date of outsourcing the drafting of legislation; if legislation has had to be corrected subsequently in many cases; the Bills which are currently being drafted by firms of solicitors; the legislation he intends to outsource this term; and if he will make a statement on the matter. [21824/04]

No legislation has been drafted for my Department by solicitors outside the office of the parliamentary counsel in the Attorney General's office.

Grant Payments.

Pat Breen

Question:

242 Mr. P. Breen asked the Minister for Agriculture and Food when a person (details supplied) in County Clare will receive the REP scheme 3 payment; and if he will make a statement on the matter. [21844/04]

Payment has issued in this case.

Pat Breen

Question:

243 Mr. P. Breen asked the Minister for Agriculture and Food when a person (details supplied) in County Clare will receive a forestry payment; and if he will make a statement on the matter. [21850/04]

Pat Breen

Question:

248 Mr. P. Breen asked the Minister for Agriculture and Food when a person (details supplied) in County Clare will receive forestry plantation payment; and if he will make a statement on the matter. [21978/04]

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

An application for forestry grant and premium payment is currently being processed by the forest service of my Department. I expect that payments will be made in the next three weeks.

Grant Aid.

Michael Ring

Question:

244 Mr. Ring asked the Minister for Agriculture and Food the position regarding EU approval on the scheme of assistance announced for persons affected by the landslide in north Mayo; if approval has been sanctioned from Europe; and when he expects to start allocating the funds. [21910/04]

Michael Ring

Question:

250 Mr. Ring asked the Minister for Agriculture and Food the position regarding the scheme of assistance announced for persons affected by the landslide in north Mayo; when persons who have applied for assistance will be awarded same; and if he will make a statement on the matter. [22005/04]

I propose to take Questions Nos. 244 and 250 together.

European Commission approval to proceed with the scheme to provide grant aid to those farmers affected by the landslide at Pollatomish was received by my Department at the end of July 2004. The closing date for receipt of applications under the scheme was 13 August 2004 and 85 applications were received, of which 72 were considered to be eligible. These applications are currently being assessed as a matter of urgency and I expect that the allocation of the funds to those affected will be made very shortly.

Rural Environment Protection Scheme.

Michael Ring

Question:

245 Mr. Ring asked the Minister for Agriculture and Food the amount of land of a person (details supplied), in Counties Cork and Mayo, which is in the REP scheme. [21911/04]

The person named has 1.01 hectares in County Cork and 42.7 hectares in County Mayo included in his REPS plan.

Michael Ring

Question:

246 Mr. Ring asked the Minister for Agriculture and Food the identity of the person who authorised a REP scheme payment for lands in County Mayo for a person (details supplied). [21912/04]

All applications for REPS are processed and, if valid, authorised for payment in my Department's local offices. This application was authorised by the district superintendent in the appropriate office.

Farm Retirement Scheme.

Michael Ring

Question:

247 Mr. Ring asked the Minister for Agriculture and Food the reason original documents, pertaining to an application for the farm early retirement scheme, were never returned to a person (details supplied) in County Mayo. [21913/04]

The person named asked my Department to return documents which she had submitted some years previously in the course of an application under the scheme of early retirement from farming. A number of the documents she requested were sent to her immediately and the remainder were sent within the past two weeks.

Question No. 248 answered with QuestionNo. 243.

Waste Management.

Pat Breen

Question:

249 Mr. P. Breen asked the Minister for Agriculture and Food if a person (details supplied) in County Clare has received a 15% grant under the farm waste management scheme; and if he will make a statement on the matter. [21984/04]

Payment of €27,934.50 was made by my Department to the person named on 31 May 2004. This payment included the 15% top-up available to young farmers under the farm waste management scheme.

Question No. 250 answered with QuestionNo. 244.

Grant Payments.

John Perry

Question:

251 Mr. Perry asked the Minister for Agriculture and Food if he will ensure that a favourable decision is made on the appeal of a person (details supplied) in County Sligo in view of his medical condition; and if he will make a statement on the matter. [22064/04]

The person named having been notified that the circumstances outlined by him do not satisfy the criteria for force majeure-exceptional circumstances under Article 40 of Council Regulation (EC) No. 1782/2003, submitted an appeal to the independent single payment appeals committee.

Following a full examination of the circumstances outlined in the appeal the single payment appeals committee made a recommendation and a letter issued to the person named on 24 August 2004. The findings of the appeals committee were that the original decision taken by my Department should be upheld.

John Perry

Question:

252 Mr. Perry asked the Minister for Agriculture and Food if he will ensure that a favourable decision is made on the appeal of a person (details supplied) in view of his medical condition; and if he will make a statement on the matter. [22065/04]

The person named, having been notified that the circumstances outlined by him did not satisfy the criteria for force majeure-exceptional circumstances under Article 40 of Council Regulation (EC) No. 1782/2003, appealed this decision.

The independent single payment appeals committee will examine the circumstances outlined in the appeal, and a decision will issue shortly to the named person.

John Perry

Question:

253 Mr. Perry asked the Minister for Agriculture and Food if the medical condition of a person (details supplied) in County Sligo will be taken into consideration in the award of his extensification premium; and if he will make a statement on the matter. [22075/04]

Under EU regulations 2003 extensification premium may only be paid where the stocking density of a holding does not exceed 1.80 livestock units per hectare.

Since the stocking density of the holding in this case was 1.8589 livestock units per hectare, the person named was not considered for payment.

The person named was a joint herd owner. As no case was made to the effect that the other joint herd owner was ill, the illness of the person named cannot be accepted as justifying force majeure in this case, since the other joint herd owner was in a position to manage the herd in order to keep under the stocking density.

Also, the medical evidence provided in respect of the person named would not appear to justify force majeure.

John Perry

Question:

254 Mr. Perry asked the Minister for Agriculture and Food the position regarding the force majeure appeal by a person (details supplied) in County Sligo; and if he will make a statement on the matter. [22078/04]

The person named, having been notified that the circumstances outlined by him did not satisfy the criteria for force fajeure-exceptional circumstances under Article 40 of Council Regulation (EC) No. 1782/2003, submitted an appeal to the independent single payment appeals committee.

Following a full re-examination by the appeals committee of the circumstances outlined in his appeal, a decision will be issued to the person concerned.

John Perry

Question:

255 Mr. Perry asked the Minister for Agriculture and Food if a grant for a person (details supplied) in County Sligo for a slatted shed will be made; and if he will make a statement on the matter. [22081/04]

The person named is an applicant under the farm waste management scheme. On 13 May 2004, outstanding documentation, namely an electrical certificate, was requested from the contractor who carried out the construction of the slatted shed. The applicant was also advised that this certificate was required. When this documentation is received, processing of the application for payment will commence.

John Perry

Question:

256 Mr. Perry asked the Minister for Agriculture and Food if ongoing difficulties will be resolved to ensure that four years of REP scheme payment are released to persons (details supplied); and if he will make a statement on the matter. [22089/04]

A final decision in this case issued directly to the persons named on 17 May 2004. They were advised of their right to appeal the decision to the Agriculture Appeals Office, which is statutorily independent of my Department. I understand they have done so, as the appeals office has asked my Department for clarification on certain matters which the persons named have raised with it.

John Perry

Question:

257 Mr. Perry asked the Minister for Agriculture and Food the reason a person (details supplied) has not received their REP scheme 3 payment; when it will be released; and if he will make a statement on the matter. [22099/04]

The application received from the person named was incomplete and my Department requested further documentation on 16 September. This was received on 22 September 2004. Processing of the application is now complete and payment will issue within the next ten working days.

Question No. 258 answered with QuestionNo. 227.

Dan Neville

Question:

259 Mr. Neville asked the Minister for Agriculture and Food the outcome of a decision with regard to the force majeure-exceptional circumstances in relation to the establishment of entitlement under the single payment scheme under the farm review of Agenda 2000 for a person (details supplied) in County Limerick. [22127/04]

The person named was notified that the circumstances outlined by him did not satisfy the criteria for force majeure-exceptional circumstances under Article 40 of Council Regulation (EC) No. 1782/2003.

Following this decision he submitted an appeal to the independent single payment appeals committee.

A full review of the circumstances of the case has been carried out by the single payment appeals committee and he will be informed of the outcome.

Departmental Correspondence.

Cecilia Keaveney

Question:

260 Cecilia Keaveney asked the Minister for Agriculture and Food the position in relation to correspondence (details supplied) of 4 March 2004 and 7 July 2004; and if he will make a statement on the matter. [22169/04]

My Department conveyed its decision directly to the person named on 12 May 2004. He has since sought to have the matter reviewed by the Agriculture Appeals Office, which is statutorily independent of my Department.

Departmental Staff.

Paul McGrath

Question:

261 Mr. P. McGrath asked the Minister for Agriculture and Food , in relation to his Department website, the number of persons who have responsibility for upgrading the website and eliminating outdated and often inaccurate information. [22193/04]

My Department's website was completely upgraded and revised in 2003 making it more streamlined and accessible to a wider public, including those with disabilities. The Department has worked with a combination of web content accessibility guidelines, WCAG, published by the Web Accessibility Initiative, WAI, and with accessibility experts to create and maintain the site to be as accessible as possible to all users.

It is the responsibility of each division of my Department to maintain accurate and up to date information on the website in relation to its own area of work. Editing and publishing that material on the website is the responsibility of one officer in corporate affairs division and two webmaster staff of information systems division. The website provides a facility for comments on content and technical issues.

Animal Medicines.

Denis Naughten

Question:

262 Mr. Naughten asked the Minister for Agriculture and Food , further to Parliamentary Question No. 249 of 27 April 2004, his plans for intramammary medicines; and if he will make a statement on the matter. [22317/04]

In February last I announced the outcome of a review by my Department which concluded that a number of changes would be appropriate to give effect to the Irish Medicines Board report on intramammaries and also to take account of developments since the original legislation was put in place. Having considered a number of points made by stakeholders in subsequent exchanges with my Department, it is my intention to proceed, following the requisite consultation with the animal remedies consultative committee, to finalise the amendments to be made to the present legislation.

Equality Policy.

David Stanton

Question:

263 Mr. Stanton asked the Minister for Agriculture and Food if mechanisms exist to ensure that interview boards established under the auspices of his Department and which comprise of two or more persons are gender balanced; and if he will make a statement on the matter. [22359/04]

It is the policy of my Department to ensure that all interview boards of two or more members are gender balanced.

Grant Payments.

Pat Breen

Question:

264 Mr. P. Breen asked the Minister for Agriculture and Food the reason a person (details supplied) in County Clare did not qualify for the single payment scheme application for consideration of force majeure-exceptional circumstances; and if he will make a statement on the matter. [22408/04]

The person named has been notified that the circumstances outlined by him did not satisfy the criteria for force majeure-exceptional circumstances under Article 40 of Council Regulation (EC) No. 1782/2003, as the illness of his father dated back to 1977.

Following this decision the person named submitted an appeal, the full circumstances of which will be examined by the independent single payment appeals committee. The decision in respect of this appeal will be issued shortly to the named person.

Farm Retirement Scheme.

John McGuinness

Question:

265 Mr. McGuinness asked the Minister for Agriculture and Food if he will take steps to ensure that all farm retirement pensions are index linked; and if he will make a statement on the matter. [22421/04]

The rate of pension payable under the 1994 scheme of early retirement from farming is the maximum provided for by the EU Council regulation under which the scheme was introduced. The regulation does not provide for indexation of payments.

My Department's proposals for the current early retirement scheme, which commenced on 27 November 2000 and is one of the measures in the CAP rural development plan for the period 2000-06, included provision for annual increases in pension over the period of the plan. The European Commission rejected this proposal and insisted on legal grounds that a fixed rate be set instead.

Grant Payments.

John Deasy

Question:

266 Mr. Deasy asked the Minister for Agriculture and Food if a person (details supplied) who was penalised on the late area aid application in 2001 will not be penalised on the double due to the fact that the year in question is included in the calculation for the single payment scheme; and if he will make a statement on the matter. [22522/04]

The person named will not be penalised on the double as penalties, due to late area aid applications, applied to eligible animals or eligible areas under the direct payment schemes will not be applied in perpetuity in respect of the single payment scheme. As a result each case, where such penalties were applied, will be examined individually by my Department.

Paul Connaughton

Question:

267 Mr. Connaughton asked the Minister for Agriculture and Food the reason an application under force majeure by a person (details supplied) in County Galway was not successful; if his attention has been drawn to the fact that the farm is situated in the catchment area of the Dunkellin river and the very wet seasons in 2000 and 2002 which necessitate a very big reduction in the livestock numbers capable of being carried on this land; if his attention has further been drawn to the fact that water logging of land has a detrimental effect on grass production and particularly its effect on land closed for silage, and that poaching and compaction are serious matters on such wetland farms; if a successful appeal by a farmer in question will be made; and if he will make a statement on the matter. [22553/04]

The person named has been notified that the circumstances outlined by him do not satisfy the criteria for force majeure-exceptional circumstance under Article 40 of Council Regulation (EC) No. 1782/2003. The person named has been advised that he can appeal my Department’s decision to the independent single payment appeals committee.

Paul Connaughton

Question:

268 Mr. Connaughton asked the Minister for Agriculture and Food the reason a person (details supplied) in County Galway was not successful in their force majeure application; if his attention has been drawn to the fact that this farmer lost their extensification premium for 2002 for no other reason than they have tuberculosis in their herd; if his attention has further been drawn to the fact that this application is now on appeal; and if he will make a statement on the matter. [22554/04]

The person named has been notified that the circumstances outlined by him, that is, non-eligibility for extensification premium in 2002, do not satisfy the criteria for force majeure-exceptional circumstances under Article 40 of Council Regulation (EC) No. 1782/2003.

Having been notified of this decision the person named submitted an appeal to the independent single payment appeals committee. Following a full examination of the circumstances outlined in this appeal a decision will be issue shortly to the person named.

Gerard Murphy

Question:

269 Mr. Murphy asked the Minister for Agriculture and Food the entitlements under force majeure for a person (details supplied) in County Cork. [22646/04]

The person named applied for consideration of force majeure-exceptional circumstances on 9 January 2004 on medical grounds and following examination of the circumstances he was deemed ineligible for force majeure. However, arrangements have been made to re-examine the circumstances put forward and my Department will contact the person named with a result of this review as soon as possible.

The person named subsequently submitted an application for consideration as a new entrant to farming during the reference period. Following initial processing of this application he was requested to submit additional documentation, this documentation has now been received in my Department and a final decision will issue shortly to the person named.

Dan Neville

Question:

270 Mr. Neville asked the Minister for Agriculture and Food when beef premium and extensification payments will be awarded to a person (details supplied) in County Limerick for 2003. [22670/04]

The person named included a parcel of land on his 2003 area aid application that was also claimed by another herdowner. The area aid unit is awaiting legal documentation from the person named that shows his entitlement to the land parcel and his 2003 area aid application cannot be fully processed until this matter is resolved.

Under the 2003 EU special beef premium scheme the person named lodged one application in respect of 17 animals. One animal was deleted from this application as it was too young to be included for special beef premium and payment is delayed on the remaining 16 animals due to the area aid problem.

In relation to the 2003 extensification premium, the position is that eligibility cannot be determined until the 2003 area aid problem is resolved.

Pat Breen

Question:

271 Mr. P. Breen asked the Minister for Agriculture and Food the reason a person (details supplied) in County Clare did not receive notification of their single payment scheme; and if he will make a statement on the matter. [22800/04]

The reason the person named did not receive a provisional entitlement statement is that there was a change of ownership during the reference period.

My Department will examine the details of the case and issue a provisional entitlement statement as soon as possible.

John Ellis

Question:

272 Mr. Ellis asked the Minister for Agriculture and Food if his Department will award forestry grants due to a person (details supplied) in County Leitrim. [22816/04]

This application was approved and the first instalment of the grant has already been paid. However, I understand that the second instalment grant has not been claimed in respect of this plantation. Payment of the annual forestry premium cannot be released until payment of this second instalment grant has been claimed and approved.

Proposed Legislation.

Pat Rabbitte

Question:

273 Mr. Rabbitte asked the Minister for Agriculture and Food if the approval of the Attorney General was sought by his Department in regard to the subcontracting out to private firms of the drafting of legislation; the number of occasions on which such consent was given; if the Attorney General is satisfied with the drafting of legislation outside of his office; and if he will make a statement on the matter. [22678/04]

No legislation has been drafted for my Department by solicitors outside the office of the parliamentary counsel in the Attorney General's office.

Decentralisation Programme.

Dan Boyle

Question:

274 Mr. Boyle asked the Minister for Agriculture and Food the status of the proposed move of laboratories from Model Farm Road in Cork city to Macroom. [22964/04]

The location of the proposed new laboratory in Macroom was a decision of the Cabinet sub-committee on decentralisation and is part of the Government's overall decentralisation plan. While my Department is in the process of preparing detailed accommodation briefs no formal plans regarding dates etc. can be made at this stage. The central decentralisation implementation group will report to the Cabinet sub-committee in the autumn outlining its views on sequencing and timing of decentralisation.

Ciarán Cuffe

Question:

275 Mr. Cuffe asked the Minister for Finance if he will arrange for an independent professional commission of inquiry into the decentralisation programme; and if he will consider postponing the present ill-conceived decentralisation plan. [21270/04]

I have no plans to hold a commission of inquiry into the decentralisation programme. Immediately after the Government announcement of the programme an implementation group, chaired by Mr. Phil Flynn, was appointed to drive forward implementation of the programme. This group has issued two reports to date. I can confirm that the Government has no plans to postpone the programme and is fully committed to its implementation as soon as possible.

Stamp Duty.

Trevor Sargent

Question:

276 Mr. Sargent asked the Minister for Finance if he will consider the suggestion coming from the UK that in the interests of energy efficiency and reducing greenhouse gas emissions that buildings would have different stamp duty rates to correspond with varying energy ratings; and if he will make a statement on the matter. [22660/04]

I am informed by the Minister for the Environment, Heritage and Local Government that new buildings commenced since 1 June 1992 must, by law, comply with mandatory thermal performance and insulation standards under Part L of building regulations made by that Minister. I am also informed that the relevant standards are periodically updated and are now among the highest in the EU. The EU directive on the energy performance of buildings, 2002/91/EC of 16 December 2002, requires that, no later than 1 January 2009, all new buildings, and all existing buildings when offered for sale or letting, must be accompanied by an energy performance certificate. A low energy performance rating is expected to impact on the marketability of the property involved, depending on overall market conditions. This is expected to provide some incentive for landlords and vendors to improve the energy performance of buildings before placing them on the market.

In these circumstances, I do not see the need to introduce a stamp duty incentive which could be quite complex to operate in practice if it were implemented. Stamp duty is a very efficient tax from the point of view of administrative costs, and such complex proposals would run counter to the current administration of the tax.

Garda Stations.

Emmet Stagg

Question:

277 Mr. Stagg asked the Minister for Finance if he has received the revised sketch scheme for the new Garda station at Leixlip, County Kildare; if same has been approved by the Garda authorities; if the approval has reissued to the Department of Finance; when he expects construction of the new Garda station to commence; and if he will make a statement on the matter. [22855/04]

Emmet Stagg

Question:

319 Mr. Stagg asked the Minister for Finance if the revised sketch scheme for the new Garda station at Leixlip, County Kildare has been submitted to the Department of Justice, Equality and Law Reform for approval; if said approval has issued from that Department; if so, when construction will start on the new Garda station following the public consultation process; and if he will make a statement on the matter. [22854/04]

I propose to take Questions Nos. 277 and 319 together.

A revised brief has been received from the Department of Justice, Equality and Law Reform, which has increased the scale of the station development. A revised sketch scheme is being finalised at present, which aims to maximise the full development potential of the proposed station site.

Heritage Sites.

Emmet Stagg

Question:

278 Mr. Stagg asked the Minister for Finance the number of days Maynooth Castle, Maynooth, County Kildare was open to the public during the summer of 2004; the average number of persons who visited the tourist attraction per day; and if he will make a statement on the matter. [22875/04]

Maynooth Castle was open to the public on a staffed basis daily from 6 June 2004 to 26 September 2004 inclusive, a total of 119 days. During that time a total of 1,353 people visited the site, which is an average of 14 per day.

Decentralisation Programme.

Finian McGrath

Question:

279 Mr. F. McGrath asked the Minister for Finance the position regarding recent developments with respect to decentralisation; and the impact same will have on families in Dublin. [21232/04]

The most recent developments regarding the decentralisation programme include the publication of the second report of the decentralisation implementation group on 31 July 2004 and the publication of the central applications facility data on 17 September 2004. Both of these documents are available on the Department of Finance website, www.finance.gov,ie. The central applications facility data contain information on the number of applications and expressions of interest received by the central applications facility up to 7 September 2004, the deadline for priority applications.

It has been clear from the outset that the programme is an entirely voluntary one and there will be no redundancies. Those persons not wishing to relocate outside Dublin will be offered alternative public service jobs in Dublin.

Consumer Credit.

Ciarán Cuffe

Question:

280 Mr. Cuffe asked the Minister for Finance if he will consider limiting the amounts that can be borrowed by making it impossible for any lending institution either domestic or foreign to sue defaulters where the amounts lent were in excess of Government recommendations; if he will consider imposing a penal rate of stamp duty on loans which exceed the Government recommendations. [21272/04]

Brian O'Shea

Question:

286 Mr. O’Shea asked the Minister for Finance the proposals he has to prevent over-indebtedness through a multi-layered approach that promotes responsible information for consumers of credit and financial services available to all backed up by a rights based independent money advice service; and if he will make a statement on the matter. [21557/04]

I propose to take Questions Nos. 280 and 286 together.

I am aware of the concerns expressed by a number of commentators in relation to the continued increase in credit growth, particularly in the household sector, and the possible effects of increasing indebtedness upon borrowers.

Credit developments are a matter for the Central Bank and Financial Services Authority of Ireland, taking into account its role as a part of the European system of central banks and its functions, as the Irish Financial Services Regulatory Authority, in relation to the prudential supervision of financial institutions and the protection of the consumers of those firms.

The provision of consumer credit in Ireland is effectively regulated by the Consumer Credit Act 1995. The Consumer Credit Act 1995, which is administered by the Irish Financial Services Regulatory Authority, obliges credit providers to include specific information in all credit agreements in relation to such matters as the total cost of credit, the amount of each repayment instalment, the number of instalments, etc. Additionally, in the case of housing loans, the Act specifically obliges mortgage providers to inform borrowers of the effect on the amount of their repayment instalments of a 1% increase in interest rates in the first year of their mortgages. The purpose of obliging credit providers to provide this information is to ensure that consumers when making credit decisions are armed with the fullest possible information in relation to any credit agreement they are entering into and most importantly the impact that servicing a loan will have on the consumer's household budget.

In addition to the aforementioned requirements of the Consumer Credit Act 1995, the Central Bank and the Irish Financial Services Regulatory Authority have sought to raise the level of awareness of both borrowers and lenders of the importance of prudent borrowing and responsible lending. The financial services regulator with its statutory consumer mandate has developed a number of specific initiatives to help consumers make informed choices in terms of the financial products they choose, the amount of risk they take on and the cost of financial products. These initiatives have been developed through the framework of the financial services regulator's It's Your Money campaign and have involved publishing consumer guides on credit products, fact sheets, cost surveys on personal loans, all of which are intended to assist borrowers in making the most appropriate credit decisions given their circumstances.

In addition to responsible borrowing initiatives outlined above, the financial services regulator, together with the Central Bank, undertook a recent study into mortgage lending and mortgage lending practices. Arising from the study, mortgage lenders were requested to review their practices in relation to customer income verification and the funding of mortgage balances so as to ensure that not only were loans properly secured but also that borrowers would be able to fully repay their loans. Additionally, lenders were advised of the need to stress test every would–be borrower's ability to meet their credit obligations, particularly mortgage credit, not just in the current economically favourable circumstances but also in more challenging times.

Responsible use of credit clearly can have advantages for borrowers in terms of their lifestyles, etc. On the other hand, it is very important that loans fully suit borrowers' requirements both in terms of amount borrowed and ability to repay. This is equally important for lenders as inappropriate lending-borrowing can also be damaging to the economy. I, therefore, fully support the Central Bank and the Irish Financial Services Regulatory Authority in their endeavours to raise the level of awareness of the risks of reckless credit growth to all economic agents, particularly consumers and lenders.

Land Acquisition.

Peter Power

Question:

281 Mr. P. Power asked the Minister for Finance the progress made by the Office of Public Works in purchasing land adjacent to the Model primary school, O’Connell Avenue, Limerick from Limerick City Council; and if any outstanding issues regarding price be referred to a third party for arbitration. [21273/04]

The Commissioners of Public Works act as agents on behalf of the Department of Education and Science in the acquisition of sites for new school facilities. Negotiations between the OPW and Limerick City Council are ongoing in relation to the price of the lands adjacent to the Model school. The Commissioners of Public Works are currently awaiting a response from Limerick City Council to their latest offer for the property.

Stamp Duty.

Seán Haughey

Question:

282 Mr. Haughey asked the Minister for Finance the position regarding Government levies on credit cards and ATM cards; if students will be exempted from these levies; and if he will make a statement on the matter. [21349/04]

Stamp duty exists on various financial cards in order to provide Exchequer revenue. The stamp duty on cheques, bills of exchange and promissory notes has existed for many years and when electronic means of money transfers, such as credit cards, ATM cards and laser cards were subsequently introduced, stamp duty was gradually extended to these products to ensure that the stamp duty from cheques etc, were not eroded.

The current annual rates of stamp duty are as follows: credit card account and charge card, €40; ATM card without a laser function, €10; laser card without an ATM function, €10; combined ATM and laser card, €20.

There is no stamp duty payable in respect of ATM cards issued in respect of deposit accounts where the average daily balance on that account is less than €12.70.

Stamp duties on credit cards and ATM cards are significant contributors to the Exchequer and help to fund public services, such as health and education, and are in accordance with the overall taxation policy of widening the tax base in order to keep direct tax rates low, thereby helping job creation. In 2003 the stamp duty on credit cards, ATM cards and other cash cards issued by financial institutions contributed €84.31 million to the Exchequer.

If an exemption was introduced for one group of people such as students, there would be demands for similar treatment for others, and accordingly, there are no plans to introduce exemptions from stamp duty on such cards for any category of individual.

Tax Evasion.

Finian McGrath

Question:

283 Mr. F. McGrath asked the Minister for Finance if his attention has been drawn to the widespread tax evasion in all banks in 1993; and if he will make a statement on the matter. [21368/04]

The Deputy appears to be referring to the use of bogus non-resident accounts to evade tax. This matter has been dealt with extensively and thoroughly in the special inquiry by the Committee of Public Accounts into this matter in 1998 and subsequently. I do not propose to add anything to its findings. As a result of the work of that committee and action in the Finance Act 1999, in particular, substantial sums of money have been recovered by the State by way of tax, interest and penalties. That sum to date comes to about €775 million.

Debt Relief.

Seán Haughey

Question:

284 Mr. Haughey asked the Minister for Finance the efforts he is making through the IMF, the World Bank and elsewhere to bring about a 100% debt cancellation for the poorest countries of the world; and if he will make a statement on the matter. [21406/04]

In July 2002 the Government issued its debt relief strategy, Policy on Developing Country Debt, which was prepared jointly by my Department and Ireland Aid, now called Development Co-operation Ireland. This forms the basis of our policy on the total cancellation of the debt of the world's poorest countries.

The Government has advocated this policy on debt relief in discussions, both at political and senior official level, with the World Bank, the International Monetary Fund, IMF, Ministers from Heavily Indebted Poor Countries, HIPC, a number of our EU partners and in other fora.

While the Government advocates debt cancellation, it does so in the context of the availability of resources and the competing claims on the resources available to the international financial institutions. Total cancellation would have to be funded largely through additional donor contributions. To mobilise such necessary funds for total debt cancellation, a greater number of donors, particularly the larger economies, would have to increase their overseas development aid, ODA, more rapidly and take concrete steps to meet the UN target of 0.7% of GNP for ODA.

In the spring 2004 meetings of the World Bank and the International Monetary Fund, acting as chairman of the EU Council of Economic and Finance Ministers, I urged all creditors and donors, that had not yet done so, to provide their share of bilateral debt relief and multilateral financing to the HIPC initiative. My Department, in close co-ordination with the Department of Foreign Affairs, will continue to promote our views on debt relief in all relevant international fora.

Decentralisation Programme.

Richard Bruton

Question:

285 Mr. R. Bruton asked the Minister for Finance the major factors which led to the particular decentralised location chosen, and the criteria used for selection in respect of each decentralisation move in his Department outlined in the budget 2004 statement. [21416/04]

A wide range of factors were taken into account and balanced against each other in making the overall selection of location for each Department and agency. These factors included: the need to achieve a fit with the national spatial strategy, in terms of the gateways, hubs and their respective catchments; 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 number of new jobs involved; the existence of good transport links by road, rail and-or air; and, the general infrastructural capacity in the areas selected.

Question No. 286 answered with QuestionNo. 280.

Tax Code.

Seán Haughey

Question:

287 Mr. Haughey asked the Minister for Finance if he will introduce tax relief for child care expenses; and if he will make a statement on the matter. [21576/04]

Denis Naughten

Question:

312 Mr. Naughten asked the Minister for Finance the plans he has to introduce tax relief for child care costs; and if he will make a statement on the matter. [22315/04]

I propose to take Questions Nos. 287and 312 together.

There are no such specific proposals at present in this area. As the Deputy knows, all tax issues are a matter for the budget. The core objective of Government policy in the area of child support is to provide assistance which will offer real choice to parents and which will benefit all children. In that context, our policy has been to increase child benefit by substantial amounts as the main fiscal instrument through which support will be provided to parents with dependent children. Child benefit provides assistance to all parents in whatever caring choices are most appropriate for them and their children. In addition, unlike tax relief, it provides support to parents irrespective of their income status.

We have also undertaken measures to favour the supply of child care by tax incentives to set up facilities and relief from BIK taxation for free or subsidised child care provided by employers. Child care fees are also exempted from VAT. Taken together these represent substantial measures to assist with the cost of child care.

Richard Bruton

Question:

288 Mr. R. Bruton asked the Minister for Finance when the present level of tax relief for third level education was last increased; the amount it would be increased to if it had kept pace with the rate of inflation since that time; and if he will make a statement on the matter. [21590/04]

The position is that the maximum amount of qualifying fees allowable under the scheme is determined by the Minister for Education and Science, with the consent of the Minister for Finance. It is currently €3,175 per year and has remained at that level since tax relief on third level fees was introduced in 1995 for full-time undergraduates in approved private third level colleges in Ireland. Adjusted for inflation generally, this amount would be €4,200.

Any proposal to increase the amount of qualifying fees allowable for the purposes of tax relief would, in the first instance, be a matter for my colleague, the Minister for Education and Science, Deputy Noel Dempsey.

Flood Relief.

Denis Naughten

Question:

289 Mr. Naughten asked the Minister for Finance if the OPW has completed the pre-feasibility report on Shannon flooding; and if he will make a statement on the matter. [21618/04]

The report was completed last week. I have arranged to have a copy forwarded to the Deputy. I had the opportunity to present copies of the report to representatives of the IFA at a meeting on 24 September. Copies will now be distributed to all the other stakeholders who contributed to its completion and-or who were consulted in its preparation. The report is comprehensive and very detailed and I would expect that all stakeholders will require sometime to consider its recommendations.

Denis Naughten

Question:

290 Mr. Naughten asked the Minister for Finance if his Department will approve funding for a submission made by Roscommon County Council 12 months ago to the Office of Public Works, to address flood prone roads within the county; and if he will make a statement on the matter. [21653/04]

The submission the Deputy refers to was not, in fact, a submission for funding. It formed part of a composite submission on behalf of a number of local authorities made by the County and City Managers Association, CCMA, to the national flood policy review group.

The question of funding for work on flood prone roads is a matter for either the relevant local authority, the Department of the Environment, Heritage and Local Government or the National Roads Authority, depending on the classification of the road in question.

Tax Code.

Seán Crowe

Question:

291 Mr. Crowe asked the Minister for Finance the number of persons in receipt of maintenance allowance subject to income tax and approximately the amount the overall sum of tax paid amounts to; if, in view of the fact that in the Six Counties this kind of taxation does not exist, he has plans to amend this pattern of taxation or indeed abolish it entirely. [21665/04]

The general position in the case of legally enforceable maintenance agreements in this jurisdiction is that the spouse who pays the maintenance is entitled to a tax deduction for payments made for the benefit of the other spouse; the maintenance payments are taxed in the hands of the receiving spouse; and the couple are treated for tax purposes as if unmarried. However, a separated couple may, except where a civil annulment has been obtained, jointly elect to be treated for tax purposes as if the separation had not taken place provided they are both resident in the State and, if divorced, neither have remarried.

When such an election is made, the maintenance payments are ignored for tax purposes — the payer does not receive a tax deduction for them and the receiving spouse is not taxable on them.

Where the receiving spouse has income other than the maintenance, separate assessment will apply in respect of that income. The Revenue Commissioners' information leaflet IT2, Taxation of Married Couples, which is available on the Revenue website at www.revenue.ie, sets out how separate assessment works. In the case of non-legally binding maintenance payments, such payments are not taxable in the hands of the receiving spouse and the paying spouse cannot claim a tax deduction for them. However, the paying spouse would be entitled to the married person’s tax credit if he or she is wholly or mainly maintaining the other spouse.

I am informed by the Revenue Commissioners that the most recent data relating to the short tax ‘year' 2001 indicates that there were 4,800 cases where maintenance payments were made under legally enforceable maintenance agreements in that tax year. The aggregate value of the maintenance payments under those agreements amounted to €24.5 million. On a 12 month basis, this equates to €33 million approximately. After making adjustment for the proportion of recipients who would not be liable for tax, the tax liability attaching to the €33 million is of the order of €7 million. Taking account of incomes growth in the intervening period, this would amount to about €8 million in 2004.

The general position in United Kingdom income tax rules, which apply in Northern Ireland, in relation to maintenance arrangements entered into after 15 March 1988 is that income which is used for maintenance payments is taxed in the hands of the person making them, in effect by denying him or her a tax deduction. The payments are not chargeable to tax in the recipient's hands.

It is important to note that in the arrangements which apply in Ireland and in the United Kingdom, there is a common underlying principle in place that income — in the form of the maintenance payments — should be subject to taxation. Under the general arrangements which apply in this country, the payments are taxed in the hands of the recipient. In the United Kingdom, the general position is that they are taxed in the hands of the person who makes them. In this jurisdiction as mentioned above, the option exists in certain circumstances of tax treatment as if a separation had not taken place. While this may result in no tax being paid by the recipient spouse, it also means that the paying spouse receives no deduction, thus ensuring that the income is subject to taxation.

If the general position in this country in relation to legally enforceable separation agreements were to be altered in order that the payer rather than the recipient were to be subject to tax on the amount of the maintenance, such a move would benefit recipients but the position of those who are required to make such payments would disimprove. If maintenance payments were not subject to taxation in the hands of either the recipient or the payer this would breach the principle that income should be subject to taxation. Accordingly, there are no proposals to abolish or alter the present arrangements regarding the taxation of maintenance payments which have been in place since June 1983.

Tax Collection.

Brian O'Shea

Question:

292 Mr. O’Shea asked the Minister for Finance his proposals to abolish the taxation of maintenance payments (details supplied); and if he will make a statement on the matter. [21666/04]

There are no proposals to abolish or alter the present arrangements regarding the taxation of maintenance payments which have been in place since June 1983.

The general position in the case of legally enforceable maintenance agreements in this jurisdiction is that the spouse who pays the maintenance is entitled to a tax deduction for payments made for the benefit of the other spouse; the maintenance payments are taxed in the hands of the receiving spouse; and the couple are treated for tax purposes as if unmarried.

However, a separated couple may, except where a civil annulment has been obtained, jointly elect to be treated for tax purposes as if the separation had not taken place provided they are both resident in the State and, if divorced, neither have remarried. When such an election is made, then the maintenance payments are ignored for tax purposes — the payer does not receive a tax deduction for them and the receiving spouse is not taxable on them. Where the receiving spouse has income other than the maintenance, separate assessment will apply in respect of that income. The Revenue Commissioners' information leaflet IT2 — Taxation of Married Couples, which is available on the Revenue website at www.revenue.ie, sets out how separate assessment works.

In the case of non-legally binding maintenance payments, such payments are not taxable in the hands of the receiving spouse and the paying spouse cannot claim a tax deduction for them. However, the paying spouse would be entitled to the married person's tax credit if he or she is wholly or mainly maintaining the other spouse.

The general position in United Kingdom income tax rules, which apply in Northern Ireland, in relation to maintenance arrangements entered into after 15 March 1988 is that income which is used for maintenance payments is taxed in the hands of the person making them, in effect by denying him or her a tax deduction. The payments are not chargeable to tax in the recipient's hands.

It is important to note that in the arrangements which apply in Ireland and in the United Kingdom, there is a common underlying principle in place that income, in the form of the maintenance payments, should be subject to taxation. Under the general arrangements which apply in this country, the payments are taxed in the hands of the recipient. In the United Kingdom, the general position is that they are taxed in the hands of the person who makes them. The option in certain circumstances of tax treatment as if a separation had not taken place which is mentioned above may result in no tax being paid by the recipient spouse but it also means that the paying spouse receives no deduction, thus ensuring that the income is subject to taxation.

If the general position in this country in relation to legally enforceable separation agreements were to be altered so that the payer rather than the recipient were to be subject to tax on the amount of the maintenance, such a move would benefit recipients but the position of those who are required to make such payments would disimprove. If maintenance payments were not subject to the taxation in the hands of either the recipient or the payer, this would breach the principle that income should be subject to taxation.

Based on information from the Revenue Commissioners relating to the short tax ‘year' 2001, it is estimated that tax amounting to about €8 million annually is collected in respect of maintenance payments received under legally enforceable maintenance agreements.

I have difficulty with the suggestion in the document which accompanied the Deputy's question that income tax on maintenance payments received should be charged at no more than the standard rate. As you are aware, over the last seven years the Government has made great progress in reducing the tax burden for all categories of income earner and there is no reason why income in the form of maintenance payments should be treated any differently from any other form of income. Such an approach would be inconsistent with the general thrust of Government income tax policy in recent years which has been to have lower tax rates but applied across a wide base.

Disabled Drivers.

John McGuinness

Question:

293 Mr. McGuinness asked the Minister for Finance the date on which a review of the primary medical certificate scheme commenced; if an interim report has been submitted; if the final report is completed; and if he will make a statement on the matter. [21751/04]

I assume that the Deputy is referring to primary medical certificates that may be issued in relation to the disabled drivers' and disabled passengers' tax concessions scheme.

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. The report was published on my Department's website in early July and copies have been made available in the Oireachtas library.

The Government has agreed that the Minister for Finance will consider the report on an ongoing basis in the overall budgetary context having regard to the existing and prospective cost of the scheme.

Tax Collection.

Brian O'Shea

Question:

294 Mr. O’Shea asked the Minister for Finance his proposals to increase the excise duty on cider in Budget 2005 (details supplied); and if he will make a statement on the matter. [21802/04]

As the Deputy is aware, any changes to excise duties are announced in the annual budget and it would not therefore be appropriate for me to comment on such matters in advance of the budget.

Legislative Programme.

John Gormley

Question:

295 Mr. Gormley asked the Minister for Finance the number of pieces of legislation that have been drafted outside the Office of the Attorney General by solicitors since the general election of 2002; the cost to date of the outsourcing of the drafting of legislation; if legislation has had to be corrected subsequently in many cases; the Bills which are currently being drafted by firms of solicitors; the legislation he intends to outsource this term; and if he will make a statement on the matter. [21825/04]

Pat Rabbitte

Question:

323 Mr. Rabbitte asked the Minister for Finance if the approval of the Attorney General was sought by his Department in regard to the subcontracting out to private firms of the drafting of legislation; the number of occasions on which such consent was given; if the Attorney General is satisfied with the drafting of legislation outside of his office; and if he will make a statement on the matter. [22702/04]

I propose to take Questions Nos. 295 and 323 together.

Since the general election of 2002, a barrister-at-law was engaged in November 2003 by my Department to draft a statutory instrument to transpose a European Commission directive at a cost of €1,815, to be paid in 2004. Further work on the drafting was required subsequent to the barrister's submission of a completed draft. The barrister in question was engaged in line with the Government policy that outsourcing of the transposition of EU directives could be considered favourably, in order to ensure the transposition of directives which were outstanding prior to the commencement of the Irish Presidency. There is no legislation being drafted on behalf of my Department by firms of solicitors outside the Office of the Attorney General. I currently have no plans for outsourcing of legislative work to private legal firms. It is not the general policy to engage legal firms outside of the Office of the Attorney General in the drafting of legislation.

However, a number of situations have arisen in the past where particular circumstances required the use of outside legal assistance, in particular during the development of draft heads of Bills. Since 2001, for example, external legal advisers were appointed, following a competitive tendering process, to carry out research for and otherwise assist my Department in relation to the establishment of a single financial regulator, including drafting the heads of a Bill. The view of the Office of the Attorney General was sought before the tender process was commenced, and that office confirmed that it had no objection to the proposal to appoint legal advisers.

As Deputies will be aware, heads of a Bill are submitted in the normal course through the Attorney General to the Office of the Parliamentary Counsel so that the Bill may be drafted. It was on the basis of heads produced with the assistance of external legal expertise that the Office of the Parliamentary Counsel drafted the relevant legislation which eventually became the Central Bank and Financial Services Authority of Ireland Act 2003.

The drafting during 2002 of heads for the unclaimed life assurance policies legislation subsequently enacted in 2003 also benefited from external legal assistance. This too was sought only after consultation with the Office of the Attorney General. I should say that in this case an invoice for €60,500 was paid in late 2002, which related to work done during 2002, including the period of 2002 prior to June of that year.

Schools Refurbishment.

Pat Breen

Question:

296 Mr. P. Breen asked the Minister for Finance further to Parliamentary Question No. 143 of 23 March 2004, if works have been carried out at a school (details supplied) in County Clare regarding the removal of asbestos which was approved by the OPW; and if he will make a statement on the matter. [21846/04]

An asbestos survey of the school in question was carried out on 21 April 2001 by consultants commissioned by the Office of Public Works. The presence of asbestos materials were confirmed in the flue pipe and rope seals in the boiler house. The removal of the asbestos materials in this area was carried out in 2002.

The presence of asbestos materials was also confirmed in the ceiling tiles in three classrooms, toilet areas, an office area and nine toilet cisterns. These removal/replacement works were completed in 2004.

Chrysotile asbestos cement confirmed between the brick and ridge cap on the gables still remains. In accordance with normal practice and as recommended by the specialist consultant this will be addressed if, and when, any structural works are planned that would be likely to cause disturbance.

Budget Submissions.

Finian McGrath

Question:

297 Mr. F. McGrath asked the Minister for Finance if he will give consideration to the Disability Federation of Ireland’s pre-budget submission, particularly in relation to the cost of disability payments, income for persons with disabilities, community services and over-all funding increases for all persons with a disability; and if he will make this a priority issue in budget 2005. [21871/04]

At this time of the year I receive a large number of pre-budget submissions requesting funding for a wide range of issues. Each one will be considered in the context of the forthcoming budget.

The Deputy will be aware that there is already a significant level of investment by Government in disability specific services through a number of Departments. At the moment, some €2.5 billion, representing 7% of gross current public expenditure on services, is provided specifically for people with disabilities. This includes health sector services specifically for persons with an intellectual disability or autism, physical or sensory disabilities and mental illness; first and second level special needs education funded through the Department of Education and Science; the specialised training and employment support services provided by FÁS, the cost of various tax relief schemes; and local authority spending to adapt accommodation specifically for people with disabilities. These figures do not take account of the income support and other services provided through the Department of Social and Family Affairs or the fact that many people with a disability participate in, or benefit from, mainstream public service programmes and services. For example, speech and language therapy, physiotherapy and other similar key services for people with a disability are provided as part of the mainstream health services. Similarly, improving access to public transport services for persons with mobility and sensory impairments is an integral requirement of all Exchequer funded new investment in buses, rolling stock and station infrastructure.

The Deputy will, of course, also be aware that the Disability Bill was recently published and was accompanied by an announcement of new funding arrangements for capital and current spending on disability support services. On the capital front, a multi-annual capital investment programme for disability-specific services will be developed within the overall system of five-year multi-annual capital envelopes that was introduced in budget 2004. This was a major change in the treatment of capital spending. It provided for a rolling investment programme and a structured and planned approach to capital spending. These envelopes will be reviewed and rolled forward in the forthcoming Estimates and budget process. Decisions in relation to the investment programme for disability-specific services will be announced as part of that process.

On the current side, the Government has decided on a fundamentally different approach to current funding for high priority disability support services. In contrast to the traditional year-to-year basis, a multi-annual funding package for current expenditure on these services will be agreed within the Estimates and budget process. This is the first time that Government has adopted this approach in the case of spending on services. This new approach shows the Government's commitment to funding for disability support services and overall to implementing the initiatives announced with the publication of the Disability Bill.

Garda Stations.

Pat Carey

Question:

298 Mr. Carey asked the Minister for Finance when construction is expected to begin on the new Ballymun Garda station; when it will be a district or regional headquarters; and if he will make a statement on the matter. [21943/04]

The proposed Gardastation facility at Ballymun has been designated as a divisional headquarters. At present, OPW is finalising the purchase of the proposed development site for the station from Ballymun Regeneration Ltd. In tandem with completion of the site purchase, OPW will be in a position to lodge a planning application in respect of the proposed facility.

Tax Collection.

Michael Ring

Question:

299 Mr. Ring asked the Minister for Finance if he will classify the profession of thatcher as an artist, on the basis that there are very few of them left and their works are original and have cultural merit; if there is hope of exempting these persons from paying income tax by way of artists exemption under section 195 of the Taxes Consolidation Act 1997. [21998/04]

Income earned by artists, writers, composers and sculptors from the sale of their work is exempt from tax in Ireland in certain circumstances. The exemption is only available to individuals who are resident here for tax purposes.

Section 195 of the Taxes Consolidation Act 1997, formerly section 2 of the Finance Act 1969, allows the Revenue Commissioners to make a determination, under guidelines drawn up by the Minister for Arts, Sport and Tourism, and the Arts Council, with the consent of the Minister for Finance, that certain works are original and creative, and generally recognised as having cultural or artistic merit. Earnings derived from such works are exempt from income tax.

Under the terms of section 195, the Revenue Commissioners can make determinations in respect of works in the following categories: (a) book or other writing; (b) a play; (c) a musical composition; (d) a painting or other like picture; and (e) a sculpture.

Thatched roofs are not listed as a specified category within section 195 of the Taxes Consolidation Act 1997 and therefore, the artists exemption is not currently available to thatchers. There are no plans at present to include thatched roofs in the artists exemption scheme as suggested by the Deputy.

Michael Ring

Question:

300 Mr. Ring asked the Minister for Finance if he will introduce an exemption from rates for crèches to help alleviate the costs of childcare; and if he will make a statement on the matter. [21999/04]

I have no plans at present to provide for special treatment of crèches under the Valuation Act. The Valuation Act 2001 maintained the long-standing position that commercial facilities, including child care facilities such as play schools, pre-schools, crèches and Montessori schools, are liable for rates. Exceptions to this key principle would quickly be followed by demands for similar treatment from the providers of other useful services and products, which would be difficult in equity to resist. The process could thus substantially reduce local authority revenues, which would have to be made good by imposing corresponding increases on the remaining ratepayers.

The rateable valuation of commercial property is based on net annual value, that is the rental value of the property. Any ratepayer dissatisfied with the rateability of a property, the valuation assessed on a particular property or the method of calculation can appeal to the Commissioner of Valuation in the first instance and subsequently to the independent valuation tribunal. There is a further right of appeal to the High Court and ultimately to the Supreme Court on a point of law.

The core objective of Government policy in the area of child support is to provide assistance which will offer real choice to parents and which will benefit all children. In that context, our policy has been to increase child benefit by substantial amounts as the main fiscal instrument through which support will be provided to parents with dependant children. Child benefit provides assistance to all parents in whatever caring choices are most appropriate for them and their children. In addition, unlike tax relief, it provides support to parents irrespective of their income status.

We have also undertaken measures to favour the supply of childcare by tax incentives to set up facilities, relief from VAT and relief from BIK for free or subsidised child care provided by employers. Taken together these represent substantial measures to assist with the cost of child care.

My colleague the Minister for Justice, Equality and Law Reform has overall responsibility for the formulation of national policy on child care. In that context, the establishment of the €449 million equal opportunities child care programme 2000-06, EOCP, with funding provided by the European Union and the Exchequer under the NDP, aims to increase the supply of centre based child care places by 50%, or about 28,400, by programme end.

Freedom of Information.

Michael Ring

Question:

301 Mr. Ring asked the Minister for Finance if elected representatives will be exempted from having to pay the fee for third party FOI requests and the additional request for internal reviews of an FOI decision; and if he will make a statement on the matter. [22000/04]

There are no plans to introduce the exemptions suggested by the Deputy.

Tax Code.

John Perry

Question:

302 Mr. Perry asked the Minister for Finance his plans to extend the tax incentives in the rural renewal scheme in Counties Sligo and Leitrim; the percentage of work that must be carried out in order to avail of the scheme; if his attention has been drawn to the fact that many persons in the rural renewal areas have just been granted planning permission or have applications lodged; the steps they should take to ensure that they are approved for inclusion in the scheme; and if he will make a statement on the matter. [22067/04]

In budget 2004, I extended the qualifying period for the rural renewal scheme for an additional 19 months from 31 December 2004 to 31 July 2006. The extension will apply where firstly an application for full planning permission is received by the planning authority by 31 December 2004, secondly an acknowledgement has been issued by the local authority to the effect that the application has been received on or before 31 December 2004 and thirdly the application does not represent an invalid application.

Where the work involved is exempted development for the purposes of section 4 of the Planning and Development Act 2000 or Part 2 of the Planning and Development Regulations 2001, the extension to 31 July 2006 will also apply where the following conditions are met by 31 December 2004: a detailed plan in relation to the development work has been prepared, a binding contract in writing exists under which the expenditure is incurred, and work to the value of 5% of the development costs has been carried out.

There are no plans to provide for further time extensions to the Scheme.

Departmental Funding.

John Perry

Question:

303 Mr. Perry asked the Minister for Finance if his attention has been drawn to the excellent works carried out by a company (details supplied) in County Leitrim funded by PEACE II administered by ADM/CPA under measure 2.7; if they will be granted an extension of the PEACE II programme which lapses in December 2004; and if he will make a statement on the matter. [22087/04]

I am aware that, following a highly competitive process, the project that the Deputy is referring to received funding under Measure 2.7 of PEACE II. This measure is implemented by Area Development Management-Combat Poverty Agency on behalf of the Department of Community, Rural and Gaeltacht Affairs. I understand that all of the funding available under this measure is now committed.

I realise that this project is extremely valuable in developing community infrastructure but regrettably, there is no further funding available under this measure this year. This is because PEACE II is due to end in 2004.

However, because of the valuable work this project and other PEACE II-ventures are doing, Ireland and the United Kingdom are seeking a two -year extension to PEACE II for 2005 and 2006. The proposal received the support of the European Council on 18 June last and will require a Commission decision and ratification by the European Parliament by the end of the year.

If this extension is granted, it is expected that the measure, from which this project was funded, will be retained as both member states realise the importance of capacity-building in rural areas. Therefore, this project should be able to apply for further funding in 2005 and 2006.

Departmental Offices.

John Perry

Question:

304 Mr. Perry asked the Minister for Finance the number of other Departments or agencies which is being accommodated by the Office of Public Works at 6/7 Hanover Street, Dublin 2 in addition to the Refugee Appeals Tribunal and the Office of the Refugee Applications Commissioner; and if he will make a statement on the matter. [22135/04]

In addition to the Department of Justice, Equality and Law Reform (Refugee Appeals Tribunal and Office of the Refugee Commissioner) staff from the National Parks and Wildlife Section of the Department of Environment and Local Government are also accommodated at 6/7 Hanover Street.

Public Service Pensions.

Paul McGrath

Question:

305 Mr. P. McGrath asked the Minister for Finance if he will clarify and provide further details on his recent announcement concerning public service pensions; if he will give examples of benefits applicable under this package to specific grades; if he will give the timescale for implementation of these additional payments; and if he will clarify if pensioners must apply for these payments or if they will issue automatically. [22150/04]

In Budget 2004 I announced a package of public service pension reforms. I also indicated that further pension changes benefiting both serving and new entrant public servants, along lines originally recommended by the Commission on Public Service Pensions, were being considered. The recent announcement, to which the Deputy refers, provides for changes to take place in a number of key areas of public service pension delivery. The changes form another significant element in the modernisation and reform of the public service.

I also announced that a number of other recommendations of the Commission on Public Service Pensions are under active consideration, including the establishment of joint management-union working groups to consider the recommendations on SPEARS (a single AVC-type scheme for the public service) and proposed revisions to the spouses' and children's pensions schemes, including benefits for non-spousal partners.

The information set out below provides additional information of the most recent changes and gives examples where applicable.

Cost-neutral early retirement: This facility will allow public servants to retire early with actuarially reduced superannuation benefits. Workers whose current minimum pension age is 60 will be able to avail of the facility from age 50 upwards, while those whose minimum pension age is 65 will be eligible from age 55 upwards. This facility is being made available to serving staff and the option will be extended to staff who resigned with an entitlement to preserved superannuation benefits as and from 1 April 2004. Superannuation benefits in such cases will be based on pensionable service at the time of resignation reduced, appropriately, to take account of early payment. An outline of the table to be used for this purpose is set out below.

The table shows the values for each full year of age; adjustments based on exact age, i.e. years and days will be made when calculating actual benefits due. For example, an established civil servant who is a member of the non-contributory pension scheme, is earning €40,000 a year, is aged 54 and has 34 years reckonable service would, if s/he resigned, under the arrangements for preserved superannuation benefits, receive a lump sum of €51,000 at age 60 and an annual pension of €17,000, also payable at age 60. If s/he were to opt for actuarially reduced benefits, s/he would receive a lump sum of €45,339 payable immediately and an annual pension of €12,631, also payable immediately.

Table: Factors to be applied to preserved benefits to derive actuarially reduced benefits. Members with a preserved age of 60; members with a preserved age of 65.

Minimum Age 60

Minimum Age 65

Age Last Birthday

Pension

Lump Sum

Age Last Birthday

Pension

Lump Sum

%

%

%

%

50

62.4

82.2

55

58.2

82.4

51

65.1

83.9

56

61.1

84.0

52

67.9

85.5

57

64.1

85.6

53

71.0

87.2

58

67.4

87.3

54

74.3

88.9

59

71.0

89.0

55

77.8

90.7

60

74.8

90.7

56

81.6

92.4

61

79.0

92.5

57

85.7

94.3

62

83.6

94.3

58

90.1

96.1

63

88.5

96.1

59

94.8

98.0

64

94.0

98.0

Integration formula: Public servants with full social insurance get an old age contributory pension and their public service occupational pension is reduced to take account of this fact. This process, known as integration, can mean that lower-paid workers get only small public service pensions, or none at all. The calculation formula underlying integration is being adjusted to deliver a boost to the public service pension income of lower paid public servants. Accrual rates under the new formula are: 1/200th for pensionable remuneration below 31/3rd times OACP; and 1/80th for pensionable remuneration in excess of this limit.

This revision represents an improvement in rates of occupational pension for lower paid workers, without any requirement to increase contribution rate. The current salary "cut off point" below which workers and retired public servants will benefit from this revision is €557.67 per week or €29,099 per annum. Persons with remuneration above this level are unaffected. For an employee, therefore, on, say, €25,000 pa with maximum service at retirement, the annual increase in pension benefits would be in the order of €1,230 that is €23.57 a week.

The revised basis of calculation will apply to existing pensioners with effect from 1 January 2004 and all relevant retirees as and from that date.

"Pro rata" integration: "Pro rata" integration (as opposed to "full" integration which applies at present) will apply to part-time public servants (and relevant pensioners) with full social insurance, as and from 20 December 2001. The terms "full" and "pro-rata" integration refer to different methods of co-ordinating OACP with public service occupational pension in the case of part-time employees. The new method of pro rata calculation along with the new integration formula will be of significant benefit to part timers. For example, the value of the increase in the occupational pension of a part-time employee on, say, €15,000 pa, with maximum service at retirement would be in the order of €3,135 pa, €60pw. The revision to the integration formula (see earlier paragraph) may also further increase benefits payable to certain part-time employees.

Teachers' access to the revised spouses' &children's scheme: An option to join the revised scheme, available for a fixed period, will be made available to all primary and secondary teachers serving at 31 March 2004. This represents an extension of the original recommendation of the commission that is, those teachers who had opted not to join the original scheme will also be given the new option. Revised contribution rates of2%, periodic, and 1.5%, non-periodic, willapply.

Notional added years: Existing schemes of notional added years will be replaced for new entrants from a current date by a single "transitional" scheme which will be reviewed in 2015. The commission had recommended the abolition of such schemes. Following discussion with the unions however, the Government has decided to replace the existing schemes with a new interim scheme with a lower maximum award.

Reckoning of allowances for pension purposes: The calculation of pension on variable pensionable allowances will be based on "the best three consecutive years in the ten years preceding retirement", rather than on the three years immediately prior to retirement, as at present. The new system will apply to relevant staff who retire or have retired from the public service as and from 1 April 2004.

Compound interest rate: The current pension interest rate, which applies, in particular, to repayment of marriage gratuities, will be cut from 6% to 4% in respect of repayment due for periods from 14 November 2000 onwards.

Implementation of the various changes will commence as soon as detailed guidelines have been prepared and circulated by my Department. The preparation of these guidelines is being addressed, as a matter of urgency, by my officials. Public service pensioners who may have entitlement to benefit from any of these changes will have such benefit passed on to them, as soon as practicable. In general, there should be no need for individuals to make application in advance of payment.

Departmental Staff.

Paul McGrath

Question:

306 Mr. P. McGrath asked the Minister for Finance if in relation to his Department website, the number of persons who have responsibility for upgrading the website and eliminating outdated and often inaccurate information. [22194/04]

The content of my Departments website is regularly updated by my press office. Every effort is made to ensure that it is both accurate and up to date. The Department welcomes and values any comments or suggestions for improvements. Contact details are supplied on the website.

Decentralisation Programme.

Bernard J. Durkan

Question:

307 Mr. Durkan asked the Minister for Finance the position in regard to the request for transfer to the State Laboratory from the Department of Arts, Sport and Tourism in the case of a person (details supplied) in County Kildare; if this request is likely to be affected by decentralisation proposals; and if he will make a statement on the matter. [22256/04]

The person in question in the Department of Arts, Sports and Tourism has not submitted a request for transfer to the State Laboratory and is therefore not on a transfer list.

I understand, however, that she has recently competed in a competition for post of clerical officer in the State Laboratory and has been placed on a panel of suitable candidates to fill any future vacancies arising up to end December 2005.

For their new administrative staff the State Laboratory operates a policy of secondment, usually for three years. Successful candidates are offered a position in strict accordance with the order of merit in which candidates are placed on the panel. The person can contact the human resources section in the State Laboratory for an update on the panel situation.

In line with the Government's policy on decentralisation it is planned that the Department of Arts, Sports and Tourism, which is currently based in Dublin, will be decentralised to Killarney, County Kerry. The decision to move the State Laboratory from Abbotstown to Backweston on the Celbridge Road was taken before the Government's decentralisation programme was announced. This move, which is at an advanced stage, does not form part of the decentralisation programme and will have no impact on appointments to be made from the panel.

Disabled Drivers.

Bernard J. Durkan

Question:

308 Mr. Durkan asked the Minister for Finance when a person (details supplied) in County Kildare will benefit from qualification for primary medical certificate; and if he will make a statement on the matter. [22257/04]

I am advised by the Revenue Commissioners that they received claims for repayments/remission of VAT and VRT under the Disabled Drivers and Disabled Passengers (Tax Concessions) Regulations 1994 on behalf of the named person, on 27 August 2003 and 25 August 2004. Based on the information supplied, the applications did not meet the requirements of the regulations in relation to adaptation of the vehicle and retention of ownership. Accordingly repayment/remission of VAT and VRT cannot be given. However, I understand from the Revenue Commissioners that the person concerned has been advised of this and once a claim which complies with the regulations is received, together with the original vehicle registration certificate, any repayment due will get immediate attention.

Drainage Schemes.

Michael Ring

Question:

309 Mr. Ring asked the Minister for Finance when the OPW last cleaned a river (details supplied) in County Mayo; if the river will be cleaned immediately. [22272/04]

The Commissioners of Public Works have no responsibility for maintenance of the river in the area concerned.

The Commissioners have a maintenance responsibility for part of the river a considerable distance downstream of the area. That channel, which is part of an important fishery, was last maintained in 1993 and is scheduled for maintenance again next year subject to consultation with the regional fisheries.

Garda Stations.

Charlie O'Connor

Question:

310 Mr. O’Connor asked the Minister for Finance if the OPW will provide a report on plans for the development of new Garda facilities in Tallaght; if his attention has been drawn to the need for progress in this regard; and if he will make a statement on the matter. [22300/04]

It is not possible to progress any plans for the re-design of the station until a revised brief has been received from the Department of Justice, Equality and Law Reform for Tallaght Garda Station.

Olivia Mitchell

Question:

311 Ms O. Mitchell asked the Minister for Finance if he will report on the result of the recent assessment by the Commissioners of Public Works of the site for a new Garda station in Dundrum; and the status of negotiations. [22301/04]

The Commissioners of Public Works are currently examining proposals received following a recent advertisement seeking property solutions for a new Garda Station in Dundrum, on behalf of the Department of Justice, Equality and Law Reform. It is expected that the evaluation process will be completed shortly.

Question No. 312 answered with QuestionNo. 287.

Equality Policy.

David Stanton

Question:

313 Mr. Stanton asked the Minister for Finance if mechanisms exist to ensure that interview boards established under the auspices of his Department and which comprise two or more persons are gender balanced; and if he will make a statement on the matter. [22360/04]

The Department of Finance "Policy on Equality and Diversity" sets out our policy in relation to interview boards and gender balance. It states that, "The Department requires balanced gender representation on all of its internal interview boards. It also requires that persons serving on internal boards receive thorough briefing, including directions in relation to equality." This policy is adhered to for all interview boards under the auspices of the Department of Finance.

Decentralisation Programme.

Caoimhghín Ó Caoláin

Question:

314 Caoimhghín Ó Caoláin asked the Minister for Finance if he will advise all details relevant to the ongoing efforts of the Office of Public Works to locate suitable accommodation for decentralisation proposals for the towns of Monaghan and Carrickmacross. [22400/04]

The evaluation of property solutions to fulfil the accommodation brief of the staff decentralising to Monaghan town and Carrickmacross is currently at an advanced stage. However, at this stage, no final decision has been made in respect of either location.

Tax Code.

John McGuinness

Question:

315 Mr. McGuinness asked the Minister for Finance if a refund of taxes due to a company (details supplied) will be expedited. [22431/04]

I am informed by the Revenue Commissioners that the company made a claim for repayment on 6 August 2004. Clarification of the claim and amounts involved were sought from the company's accountants. Final details to enable the claim to be dealt with were only received on 23 September. I understand that amended assessments for the years concerned will issue shortly to reflect the claim made and repayments will then follow.

Decentralisation Programme.

Pat Breen

Question:

316 Mr. P. Breen asked the Minister for Finance if he will report on the decentralisation proposals for Kilrush in County Clare; the number of candidates who subscribed for the positions in Kilrush under the decentralisation programme; the number of these who are from Dublin and from other centres throughout the country; and if he will make a statement on the matter. [22524/04]

Fifty posts are due to be decentralised to Kilrush. I am advised by the Revenue Commissioners that the number of first preference applications received by the Central Applications Facility as of 7 September 2004 are contained in the following table:

Public Service

Civil Service

Revenue Staff

External

Dublin

Other

Dublin

Other

Dublin

Other

1

1

5

33

7

25

Tax Code.

Richard Bruton

Question:

317 Mr. R. Bruton asked the Minister for Finance if VAT is applied to that part of the ESB charge which is used to generate resources to facilitate the generation of energy from reusable sources; the reason he views that this element which is itself paying tax for a designated purpose should also be used to generate additional VAT revenue; and if he will make a statement on the matter. [22547/04]

I assume the Deputy is referring to the public service obligation, PSO, levy shown on bills issued by the Electricity Supply Board to its customers. The PSO levy is based on the approved costs incurred by the ESB in complying with public service obligations imposed on it. These obligations require the ESB to purchase the output of certain peat and renewable-alternative electricity generating stations in the interests of security of supply and environmental protection respectively.

The PSO levy constitutes part of the consideration which is payable to the ESB by its customers and is directly linked to the price of the electricity being supplied. EU VAT law, with which Irish law must comply, requires that VAT be applied to the total consideration due in respect of supplies of goods or services, including all taxes, duties, levies and charges but not including value added tax chargeable in respect of the supply itself. On this basis, the ESB is obliged to charge VAT on the PSO levy. The rate at which VAT is charged is 13.5% which is the same rate as that applying to the supply of electricity.

Tony Gregory

Question:

318 Mr. Gregory asked the Minister for Finance if he will remove stamp duty from houses purchased as a primary residence in order that families in need of a home are not treated in the same way as investors; and if he will make a statement on the matter. [22853/04]

As the Deputy will appreciate, stamp duty is a significant contributor to the Exchequer which helps to fund Government spending on public services such as health and education. Stamp duty receipts also allow for a broader tax base than would otherwise be possible.

All owner-occupiers are generally exempt from stamp duty on new houses where the property is 125 square metres or less, whereas an investor who purchases a new house for renting is liable for stamp duty where the price exceeds €127,000. First time buyers are also exempt from stamp duty on second hand houses up to the value of €190,500 and benefit, thereafter, from reduced rates on second hand properties up to €381,000 when compared to other purchasers, including investors. In addition, mortgage interest relief is available at source in respect of interest paid on moneys borrowed for the purchase, maintenance, repair or improvement of that taxpayer's main residence, including second-hand houses.

Applying the exemptions currently in force for new properties to first-time purchasers of second-hand houses would result in a loss of approximately €60 million per annum to the Exchequer. If these exemptions were granted to all owner occupiers, the cost would be considerably higher.

The Deputy will be aware that I receive numerous requests to introduce new tax reliefs and expand the existing ones associated with the purchase of residential property. However, tax reliefs reduce the tax base and would inevitably lead to calls for other concessions to be introduced into the stamp duty code. In addition, there is no guarantee that the tax revenue forgone would accrue to the purchaser as there would most likely be a consequent increase in house prices.

As the Deputy will appreciate, given the forthcoming budget, it is not appropriate for me to comment at this stage on the possibility of changes to the stamp duty code.

Question No. 319 answered with QuestionNo. 277.

Land Acquisition.

Emmet Stagg

Question:

320 Mr. Stagg asked the Minister for Finance if he has given final consideration to the proposal put to him by this Deputy on 10 July 2003, in relation to the purchase of parklands around Castletown House, Celbridge, County Kildare. [22882/04]

The acquisition of lands adjacent to Castletown is at present being reviewed in context of County Kildare's draft development plan.

Flood Relief.

Emmet Stagg

Question:

321 Mr. Stagg asked the Minister for Finance if he intends to finance flood alleviation works in Ardclough, Straffan and Leixlip in County Kildare; the reason he is of the opinion that no further flood alleviation works are required in Maynooth, County Kildare; and if he will make a statement on the matter. [22884/04]

The Office of Public Works met officials from Kildare County Council earlier this year to discuss flooding problems at a number of locations. The county council confirmed that it has commissioned a report on flooding at Leixlip and agreed to forward a copy of the report to OPW when available.

Grant Payments.

Emmet Stagg

Question:

322 Mr. Stagg asked the Minister for Finance if the revised schedule of works for Lucan Demesne has been submitted to his Department and agreed; the details of same and the amount of grant aid being applied; and if he will make a statement on the matter. [22886/04]

Works have continued to be undertaken by the three relevant local authorities at Lucan Demesne within the agreed parameters of an overall general management plan. Definitive proposals in relation to future schedules are still awaited from the local authorities. The total funding available for the project remains at €4.7 million, of which €950,000 has already been paid in respect of certified works undertaken. The precise annual allocations will be determined by progress achieved in implementing the agreed schedule of works and the availability of funding each year.

Question No. 323 answered with QuestionNo. 295.

Human Rights Issues.

Finian McGrath

Question:

324 Mr. F. McGrath asked the Minister for Foreign Affairs if he has responded to Amnesty International’s call of 16 June 2004 to investigate the probable links of a company (details supplied) to the construction of Israel’s separation wall; and if he will make a statement on the matter. [21238/04]

I have responded to the letter from Amnesty International to which the Deputy refers, and officials from my Department have also met Amnesty International to discuss the issue. The company in question has a subsidiary which owns a minority shareholding of about one quarter in the main Israeli cement producer, Nesher. My understanding is that this shareholding does not give the Irish company in question management control over operational matters in respect of Nesher. I also understand that, as Nesher supplies cement to all concrete manufacturers in Israel, it has no say in the final use of those concrete products and has no direct involvement in the construction of the separation barrier.

Michael D. Higgins

Question:

325 Mr. M. Higgins asked the Minister for Foreign Affairs if he has raised the issue of collective punishment against families and neighbours of wanted Palestinians with the Israeli authorities, in particular the controlled explosion of a number of flats in Bethlehem’s Makhlouf apartment building in which a person (details supplied) who has been detained in Israeli jails is resident, in the early morning of 25 June 2004. [21263/04]

The Government's and the European Union's concern at many of the operations conducted by the Israeli Defence Forces in the Occupied Territories has been brought to the attention of the Israeli authorities on many occasions. The incident to which the Deputy refers, which is one of many such incidents, has not been specifically raised with the Israeli authorities, but they are well aware of the position of the EU and the wider international community, in particular as set out in the Quartet statement of 4 May which emphasised that the Israeli Government should refrain from attacks on civilians and demolition of Palestinian homes and property, as a punitive measure or to facilitate Israeli construction.

Finian McGrath

Question:

326 Mr. F. McGrath asked the Minister for Foreign Affairs if he will urgently intervene with the state of Israel and demand that a person (details supplied), be allowed to leave that country immediately. [21354/04]

I share the Deputy's wish that the person concerned be given freedom to travel to and from Israel. However, the restrictions applying to the person in question have been the subject of judicial review by the Israeli Supreme Court. I do not think that there is any likelihood that the Israeli Government will overturn the court's decision. The Government will continue to monitor the situation, and should it develop in such a way that it appears that an intervention would be of use in this case, the possibility of making such an intervention will be considered.

Weapons of Mass Destruction.

Finian McGrath

Question:

327 Mr. F. McGrath asked the Minister for Foreign Affairs if he and the EU will take a stronger stand against Israel’s weapons of mass destruction; and if he will make a statement on the matter. [21355/04]

Ireland and the EU are deeply concerned about the ongoing proliferation of weapons of mass destruction and their means of delivery, considering it to be one of the most serious threats to international peace and security. The European Council last December adopted a strategy against the proliferation of weapons of mass destruction. Under this strategy, the EU will use all political and diplomatic instruments at its disposal and undertake a wide range of actions to stem the proliferation of WMD and their means of delivery by both state and non-state actors. In this context, the EU underlines the importance of full compliance with and national implementation of existing disarmament and non-proliferation treaties and agreements and other relevant international obligations.

The EU attaches great importance to the universalisation of international instruments against the proliferation of WMD and their means of delivery through signature, accession or ratification, as appropriate, of all relevant instruments. Last April, at the preparatory committee for the 2005 review conference of the Nuclear Non-Proliferation Treaty, NPT, Ireland on behalf of the EU called upon Israel to accede unconditionally to the NPT as a non-nuclear-weapon state. Ireland further stated that Israel's accession to the NPT, and the placement of all its nuclear facilities under the comprehensive safeguards of the IAEA is of great importance to the EU as it would contribute to the peace and stability of the region and the prospects of an overall settlement in the Middle East.

An integral and important aspect of this policy is the EU's continuing commitment to the objective of pursuing a mutually and effectively verifiable Middle East zone free of weapons of mass destruction, nuclear, biological and chemical, and their delivery systems, as set out in the Barcelona Declaration of 1995.

Illegal Immigrants.

Finian McGrath

Question:

328 Mr. F. McGrath asked the Minister for Foreign Affairs if he will give an update on the number of illegal Irish residents in the USA; the plans he has to assist them in their citizenship requests and visa problems; the number of Irish citizens deported from the USA in 2003-04; and if he will make a statement on the matter. [21356/04]

It is difficult to estimate the number of Irish citizens who may be resident in the United States without the appropriate authorisation. While the United States citizenship and immigration services have estimated that the number may have declined to 3,000 in the year 2000, I know that many of the agencies working with our emigrants would regard this figure as a low estimate. Figures published by the US Office of Immigration Statistics report that 49 Irish nationals were deported from the United States between October 2003 and July 2004. Of these, 29 were categorised by the US authorities as "non-criminal" deportations and are likely to have arisen from immigration offences. The situation of the undocumented Irish continues to be raised regularly in our bilateral contacts with US political leaders, including when the Taoiseach and I met President Bush in June 2004. I welcome the proposals on immigration made earlier this year by President Bush and members of Congress. I believe that all of these proposals represent genuine efforts to deal with the situation of the undocumented in the US in a constructive and sympathetic way. The Daschle-Hagel and Kennedy proposals in particular appear to offer undocumented Irish people an opportunity to obtain permanent legal residency. These proposals will have to be approved by the US Congress and it is too early to say what changes or amendments may be made in the course of their consideration by Congress. I will continue to monitor the progress of these initiatives through the US Congress, though I would not envisage any real movement in advance of the US elections.

Last week in New York I announced an allocation of $607,000 for services for Irish emigrants in the United States. Recipients of funding are agencies which provide information, advice and outreach services for our emigrants, including the undocumented Irish. This funding represents an increase of over 70% on last year's grant. It reflects the Government's continuing and strong commitment to support efforts which improve the circumstances of vulnerable Irish living abroad. The Embassy in Washington and our network of Consulates continue to work closely with Irish citizens in vulnerable circumstances in the United States. Through the ongoing efforts of our Embassy and my own contacts and those of my Cabinet colleagues with political leaders in the US, I will continue to encourage and support measures that would benefit Irish citizensthere.

Brussels Process.

Finian McGrath

Question:

329 Mr. F. McGrath asked the Minister for Foreign Affairs if he will give the Irish and EU positions on the Gibraltar issue; and if he will support the Spanish position as a matter of priority. [21357/04]

Finian McGrath

Question:

332 Mr. F. McGrath asked the Minister for Foreign Affairs his views on whether Britain’s occupation of Gibraltar is illegal; and if he will support the Spanish position at EU and UN level. [21365/04]

I propose to take Questions No. 329 and 332 together.

Spain and the United Kingdom are partners as member states of the European Union. The British and Spanish Governments are agreed that the question of Gibraltar should be resolved through dialogue. The Government fully support this approach to issues such as Gibraltar which involve differences between friendly states on matters relating to territory, people and sovereignty.

In 1984, the British and Spanish Governments launched a dialogue on the future of Gibraltar known as the Brussels Process. Talks were aimed at overcoming differences between them over Gibraltar and at promoting co-operation on economic, cultural, tourism, aviation, military and environmental matters. It was agreed that issues of sovereignty would be discussed under the process. The most recent meetings at foreign minister level under the Brussels Process were held in Barcelona in November 2001 and in London in February 2002. A referendum which was organised in Gibraltar in November 2002, without the participation of the UK or Spain, rejected the principle of joint sovereignty, although no such proposal had been agreed under the process. No meetings have been held under the Brussels Process since then, but there have been regular meetings between representatives of the two governments, at which the full range of bilateral issues have been discussed.

The question of Gibraltar is considered annually by the UN General Assembly. Most recently, on 9 December 2003, the General Assembly adopted a decision by consensus recalling the agreement to inaugurate the Brussels Process and urging both Governments to continue their negotiations with the object of reaching a definitive solution to the problem of Gibraltar in the light of relevant resolutions of the General Assembly and in the spirit of the charter of the United Nations.

The Spanish Foreign Minister, Miguel Angel Moratinos, stated in a newspaper interview earlier this month that the time had come to resume the dialogue and to return to seeking a mechanism to focus on future negotiations on Gibraltar. The Government supports all efforts by the British and Spanish Governments to overcome their differences on the issue.

Overseas Development Aid.

Finian McGrath

Question:

330 Mr. F. McGrath asked the Minister for Foreign Affairs if he will give an update on Ireland’s role in the Sudan crisis where up to 50,000 civilians have died, more than one million made homeless and 2.2 million in urgent need of food and medical help; and the action our State has taken at the UN level to assist in ending this crisis. [21358/04]

The Government has been active in highlighting the crisis in Darfur and in urging action to address the humanitarian, security and political challenges which exist there. I availed of my visit to the United Nations General Assembly last week to press the case for stronger international action.

In my address to the General Assembly, I urged the UN Security Council to assert its will, as articulated in Resolution 1564. I also expressed concern that the Security Council had failed to act unanimously in adopting this resolution and urged the Council to unite behind its full implementation. I likewise used the address to appeal for continued support from the international community to meet the major humanitarian needs arising in Darfur. I paid tribute to the efforts of the humanitarian aid workers helping to relieve the situation and, in particular the efforts of Irish agencies such GOAL, Concern and Trócaire. The Government has provided almost €6 million in emergency assistance to meet the immediate needs of some of the most vulnerable populations in Darfur. Assistance amounting to over €3 million is being provided to other areas of Sudan where needs are also great. In addition, as I noted in my UN speech, the Irish people have been extremely generous in their private contributions to the aid agencies.

The Deputy will be aware that the Minister of State with responsibility for development co-operation and human rights, Deputy Kitt, visited Sudan, including Darfur, in July. While in Darfur, he had a series of meetings with Irish and International NGOs and United Nations agencies implementing relief efforts funded by the Irish Government. He also met the Sudanese authorities, including the Foreign Minister, Mustafa Ismail Osman.

I used the occasion of my visit to the UN last week to meet Minister Osman and to urge that his Government comply immediately with the obligations imposed on it by the Security Council in Resolution 1564. In particular, I stressed the need to open up all areas to humanitarian intervention, as well as the particular obligation on the Government of Sudan to disarm the Janjaweed militias. I also urged the Sudanese Government to intensify its efforts to conclude a final peace agreement with the SPLA/M in southern Sudan. In this regard, I call on all parties to the Darfur peace talks, including the rebel groups, to show flexibility, goodwill and commitment to reach a comprehensive agreement when talks resume in Abuja, Nigeria next month under African Union mediation. Ireland has also been active within the European Union in relation to Darfur.

The EU, under the Irish and now the Netherlands' Presidencies, has been centrally involved in addressing the political, humanitarian and security aspects of the crisis. The External Relations Council has issued several condemnations of the humanitarian and human rights violations in Darfur and has repeatedly called on the Government of Sudan to provide unhindered and safe humanitarian access to the region. The European Union has also condemned the actions of the Janjaweed militia and urged the Government of Sudan to take immediate action to disarm this violent militia and provide protection for the population of Darfur.

During its EU Presidency, Ireland worked to ensure close co-operation between the European Union and the United Nations in responding to the crisis in Darfur. As EU Presidency, we co-chaired a high level consultation meeting on Darfur, with the United Nations and the United States, on 3 June last in Geneva. Ireland has also pressed for a greater level of engagement by the Security Council on the issue of Darfur. I very much welcome the clear benchmarks set out in Security Council Resolution 1556 and reaffirmed in Resolution 1564 for measures, including disarmament and disbandment of the Janjaweed militia. I also welcome the call on the UN Secretary General contained in Resolution 1564 to establish an international commission of inquiry to investigate and make a determination as to whether acts of genocide have occurred in Darfur. The resolution makes clear that, if the Government of Sudan does not meet its commitments to disarm the militias and protect its civilians, the Security Council will consider further measures, including possible oil sanctions against the Sudanese Government.

The African Union is performing a crucial role in relation to the crisis in Darfur, through both its ceasefire monitoring mission and its mediation of the peace talks in Abuja. Ireland and the EU fully support the AU mission in Darfur and welcome the plans to substantially expand this mission in order to provide for more proactive monitoring of the situation in Darfur. The European Union is collaborating closely with the African Union on how best it can assist an expanded AU mission. The European Union has already provided substantial support to the existing mission, including an allocation of €12 million from the African Peace Facility established under the Irish Presidency. The EU is also contributing a number of observers to the ceasefire monitoring mission, including an officer from the Irish Defence Forces.

Diplomatic Representation.

Finian McGrath

Question:

331 Mr. F. McGrath asked the Minister for Foreign Affairs if he will give an update on the Colombia Three and the Miami Five cases. [21359/04]

As the Deputy will be aware, the office of the prosecutor-general in Colombia lodged an appeal against the verdict which acquitted the three men on the principal charge of providing training for terrorists. That appeal is currently being considered by a panel of judges and their decision is awaited.

I met the Colombian Foreign Minister in New York last week, and I again stressed the importance of an early decision on the appeal. Minister Barco, while emphasising the independence of the courts in Colombia, indicated that she shared our wish for an early decision and that she was hopeful that the appeal would be concluded in the autumn. I am satisfied that, as a result of the representations we have made over recent months, the need to progress the matter expeditiously is accepted by the Colombian authorities.

Pending the outcome of the appeal, the three men have left the prison in Bogotá. However, the appeal judges ruled that they must remain in Colombia until the appeal is decided. We will continue to maintain contact with the Colombian authorities in this case and provide all possible consular assistance for the three men and their families.

The other case raised by the Deputy relates to five Cuban citizens who were convicted in the US in 2001 on charges ranging from espionage to conspiracy to murder, and whose appeal was heard in March of this year. The court's decision is awaited. As I have previously informed the Deputy, the Irish Government has no standing in this matter which is a bilateral consular question between the Cuban and US authorities.

Question No. 332 answered with QuestionNo. 329.

Intelligence Reports.

Finian McGrath

Question:

333 Mr. F. McGrath asked the Minister for Foreign Affairs if his attention has been drawn to the fact that the British allegedly tried to rig intelligence reports of Iraq’s weapons; and if he will make a statement on the matter. [21366/04]

I am aware of conflicting views of the intelligence reports on Iraq's weapons, and I am also aware, and have noted the conclusions of the Butler report on that issue which was published on 14 July 2004. In respect of the policy of the Irish Government, I would refer the Deputy to my reply to Question No.111 on 8 July 2004, in which I made a full statement on this issue. In particular I would state, as I did in that reply, that the contents of the British Government's published intelligence dossiers had no bearing on the Irish Government's position in relation to the threat posed by Iraq, or on Ireland's behaviour as a member of the United Nations Security Council. The Government did not rely on UK or US intelligence sources in arriving at its position.

Military Neutrality.

John Gormley

Question:

334 Mr. Gormley asked the Minister for Foreign Affairs if he will publish the Attorney General’s written advice to the Government, which was promised to all Deputies, on the legal position regarding the use of Shannon Airport by United States military forces in facilitation of the war of aggression against the Republic of Iraq; and if he will make public advice given to the Government re US-British forces against the Republic of Iraq. [21418/04]

In his statement to Dáil Éireann on 20 March 2003, the Taoiseach set out the Government's position on the military conflict in Iraq — a position that was informed by political, diplomatic, legal and other considerations.

During the course of the extensive debate which took place on that day, the Minister for Defence, Deputy Smith, elaborated on certain aspects of the Government's position and provided a summary of the legal advice of the Attorney General in relation to legal issues arising from the situation. It is not customary to circulate the text of the Attorney General's written advice to the Government. As the Deputy is aware, Dáil Éireann subsequently passed a motion supporting the decision of the Government to maintain the long-standing arrangements in relation to Shannon.

John Gormley

Question:

335 Mr. Gormley asked the Minister for Foreign Affairs the person or body which advised him that to deny the use of Shannon Airport to US military forces would be seen as a hostile act, as he publicly stated in March 2003, if he took legal or other advice on this matter; and if, as a consequence, the Defence Forces were placed on alert prior to the debate on the matter in Dáil Éireann on 20 March 2003. [21419/04]

The Government has on numerous occasions set out its policy on the use of Shannon Airport by the US military, a long-standing arrangement which has been ongoing for over 50 years. In particular, a comprehensive debate on this matter took place in Dáil Éireann on 20 March 2003.

During the debate, the Government outlined the various political, diplomatic, legal and other considerations which determine its policy in this area. At that time, and following an extensive discussion of the issues, Dáil Éireann voted to support the Government decision to maintain the customary arrangements at Shannon Airport. The use of the term "hostile position" in the context of the debate was clearly intended in a political, rather than a military, context. In the circumstances, the question of the Defence Forces being placed on particular alert is not relevant.

Overseas Development Aid.

Finian McGrath

Question:

336 Mr. F. McGrath asked the Minister for Foreign Affairs if he will make overseas aid a priority in the budget and to increase it to 0.7% of gross national product; and to make this a priority issue. [21475/04]

The Government attaches a high priority to increasing Ireland's contributions to official development assistance. There have been substantial increases in expenditure in recent years. Summary data for the past six years and the expected out-turn for 2004 are set out in the table below. This level of expenditure demonstrates the strong commitment of the Government to attain the UN target of 0.7% of GNP. In percentage terms, Ireland is one of the world's leading donors — we are currently in joint seventh place — and well above the EU average. It is hoped that increased allocations, the scale and timing of which will be considered on an ongoing basis, will be possible over the coming years with a view to achieving our objective. As the Deputy will understand, the 2005 allocation for my Department's Vote for international co-operation will be agreed in the context of the current Estimates negotiations.

Year

Total ODA (€m)

2004 (Estim.)

475

2003

446

2002

422

2001

320

2000

254

1999

231

1998

177

Diplomatic Representation.

John Gormley

Question:

337 Mr. Gormley asked the Minister for Foreign Affairs the progress that has been made on the release of a person (details supplied) by FARC guerrillas; if the Government has made any representations on this matter; and if he will make a statement on the matter. [21671/04]

My Department monitors the situation in Colombia, including the question of hostages, through our embassy in Mexico City, which is also accredited to Colombia, as well as through our EU partners with resident diplomatic missions in that country. As the House is aware from my replies to previous questions on this subject, Ms Ingrid Betancourt — a candidate in the 2002 Colombian presidential election — was kidnapped by the Revolutionary Armed Forces of Colombia, FARC, on 23 February 2002. She remains in FARC captivity, along with a large number of other hostages.

The Colombian Government made an offer on 23 July this year to the FARC leadership for the exchange of 59 prisoners, including Ms. Betancourt, in return for some 50 FARC prisoners, provided that none of the latter had been found guilty of murder or kidnapping. The initial response by FARC to this offer was to dismiss it. However, they have subsequently suggested the suspension of military operations for 72 hours in order to enable them to meet with the government's peace commissioner to discuss details of the proposed exchange. The Colombian Government is currently considering its response to this proposal.

Earlier this year during the Irish Presidency of the European Union, the General Affairs and External Relations Council, GAERC, underlined the European Union's view of the importance of a rapid release of all remaining hostages and kidnapped persons. I hope that progress can now be made in contacts, being facilitated by Switzerland and others, between the Colombian Government and the rebels and that this will result in the release of the kidnap victims, including Ingrid Betancourt.

EU Funding.

Gay Mitchell

Question:

338 Mr. G. Mitchell asked the Minister for Foreign Affairs if he will make a statement on an issue (details supplied). [21789/04]

I am aware of the claims to which the Deputy has drawn my attention. They have been investigated by the European Commission and no evidence to date has been found to substantiate them. The investigations are still ongoing and no final conclusions, therefore, can be drawn at this stage.

I would also like to make the general point that the issue of possible diversion of aid funding is a matter of serious concern to the EU, and is therefore kept under careful review and investigation, both by the Commission and by the individual member states of the EU.

Legislative Programme.

John Gormley

Question:

339 Mr. Gormley asked the Minister for Foreign Affairs the number of pieces of legislation that have been drafted outside the Office of the Attorney General by solicitors since the general election of 2002; the cost to date of the outsourcing of the drafting of legislation; if legislation has had to be corrected subsequently in many cases; the Bills which are currently being drafted by firms of solicitors; the legislation he intends to outsource this term; and if he will make a statement on the matter. [21826/04]

Pat Rabbitte

Question:

349 Mr. Rabbitte asked the Minister for Foreign Affairs if the approval of the Attorney General was sought by his Department in regard to the subcontracting out to private firms of the drafting of legislation; the number of occasions on which such consent was given; if the Attorney General is satisfied with the drafting of legislation outside of his office; and if he will make a statement on the matter. [22708/04]

I propose to take Questions Nos. 339 and 349 together.

The Department of Foreign Affairs has not subcontracted out any work in relation to drafting legislation nor does the Minister for Foreign Affairs intend to outsource any legislative drafting work during this Dáil term.

Grant Payments.

Finian McGrath

Question:

340 Mr. F. McGrath asked the Minister for Foreign Affairs if public money was given to the Reform Movement over the past few years; and if so, the amount of same. [21892/04]

The Department of Foreign Affairs has not provided financial assistance to the Reform Movement.

Human Rights Issues.

Finian McGrath

Question:

341 Mr. F. McGrath asked the Minister for Foreign Affairs if he will raise the issue of the Convention on the Rights of the Child by virtue of which children have the right to a safe learning environment and to be protected from violence, following recent events in Russia, Chechnya and Palestine. [21929/04]

Ensuring respect for the rights of the child has been of great importance to successive Irish Governments. To this end, Ireland works closely with its EU partners at the international level. Earlier this year, during Ireland's Presidency, the EU co-sponsored a resolution on the rights of the child at the United Nations Commission on Human Rights, in Geneva. Ireland ratified the Convention on the Rights of the Child on 28 October 1992. On 18 December 2002, Ireland ratified the optional protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict. This convention highlights the particular importance of access to education for children. In this context, ensuring access of children to education in times of violent conflict is very important, as is a safe learning environment.

The rights of the child, as enshrined in the convention, must be applied, without distinction, throughout the jurisdiction of all states party to it, and the right of children to education in safety ensured. As a practical contribution to achieving these ends, my Department, through Development Co-operation Ireland, provides ongoing assistance to the Palestinian Ministry of Education towards meeting the basic education needs of Palestinian children. The Department has also allocated €200,000 to assist the victims of the tragic events in Beslan to provide counselling services for the children and their families

Departmental Staff.

Paul McGrath

Question:

342 Mr. P. McGrath asked the Minister for Foreign Affairs the number of persons who have responsibility for upgrading the Department website and eliminating outdated and often inaccurate information. [22195/04]

In common with the websites of other Government Departments, the website of the Department of Foreign Affairs, www.dfa.ie, contains material provided by a wide range of units within the Department. Each unit with material on the website is required to review that material on an ongoing basis to ensure that it is accurate and up to date. An official in the Department’s corporate services division is responsible for the uploading of information received from the various units on an ongoing basis.

Irish Emigrants.

Charlie O'Connor

Question:

343 Mr. O’Connor asked the Minister for Foreign Affairs if he will present a comprehensive report to respond to the needs of the Irish abroad, particularly focusing on the well publicised difficulties being experienced by many elderly Irish; the initiatives planned; and if he will make a statement on the matter. [22302/04]

My interest in the Irish abroad and their needs, and my desire to alleviate the difficulties facing elderly and vulnerable Irish people resident abroad, is strong and committed. On taking office as Minister for Foreign Affairs, I saw the need for a more structured and strategic approach to emigration policy. I commissioned a task force on policy regarding emigrants to assess the situation better and, in fulfilment of an undertaking in the Programme for Prosperity and Fairness "to address the special needs of those Irish emigrants abroad who are particularly marginalised or at greatest risk of exclusion". The report of the task force contained many wide-ranging proposals and recommendations involving the work and responsibilities of a number of government departments and other bodies. The issues of concern identified can best be addressed by a collective effort involving governmental and non-governmental agencies.

With a view to introducing a new dynamic and focus to this collective effort, I have established a dedicated unit, the Irish abroad unit, within the Department of Foreign Affairs. This unit, headed by the former ambassador to Estonia, Mr. Seán Farrell, is now functioning and will work in the closest co-operation with all the agencies involved with emigrants. I want to see the talents and experiences of all those active in this area being fully harnessed for the benefit of all. The unit has already had positive meetings with immigrant agencies on the ground in New York, Boston, Philadelphia and elsewhere in the United States.

This year I have secured €5 million for emigrant services abroad, an increase of two thirds on 2003. Most of this allocation is directed to the needs of our vulnerable emigrants in Britain. Since it was established by the Government in 1984, the Díon fund for Irish emigrants in Britain has provided more than €21 million to agencies that provide front-line services to our emigrants.

I am very conscious of the difficulties faced by elderly Irish emigrants. At my request the Díon committee, which considers applications for funding, is paying particular attention to the needs of older people and those who wish to return to Ireland. To date in 2004, €1.2 million has been allocated to services for the elderly Irish in Britain. In addition, €182,000 has been allocated to projects aimed at assisting people who wish to return home to Ireland.

The Deputy can be assured of the Government's continuing and strong commitment to improving the circumstances of vulnerable Irish people living abroad.

Overseas Development Aid.

Charlie O'Connor

Question:

344 Mr. O’Connor asked the Minister for Foreign Affairs his plans to continue to tackle poverty issues in the African Third World countries. [22303/04]

The Government is committed to continuing the fight against poverty in Africa and other parts of the world. Government spending on official development assistance has increased substantially in recent years. In 2004, Ireland's ODA is likely to amount to €475 million. Development Co-operation Ireland, the official overseas aid programme of the Government, has the reduction of poverty as its core objective. Over half of Ireland's ODA is channelled to the world's least developed countries, most of them in sub-Saharan Africa. This is the largest share of any of the OECD countries. Development Co-operation Ireland has a particularly close relationship with six countries in Africa, Ethiopia, Tanzania, Uganda, Lesotho, Mozambique and Zambia. These are known as "programme countries" and form the main focus of our bilateral long-term development activity. South Africa and Timor Leste are also significant partners. Sectors which benefit from assistance from Ireland include health, education, water and sanitation and AIDS-HIV.

We are conscious of the important links between good governance and poverty reduction and priority is also given to programmes to enhance good governance, respect for human rights and the elimination of gender inequalities. The promotion of environmental sustainability is also another important priority for Development Co-operation Ireland. At international level, Ireland is strongly committed to the complete elimination of all debts for heavily-indebted countries and to improving access for developing countries to international trade, both of which are major concerns to countries in sub-Saharan Africa. Much of our assistance to cope with emergencies and recovery from natural or man-made disasters is also targeted at sub-Saharan Africa. To date this year, we have allocated over €36 million for the emergency and recovery programmes in countries such as Zimbabwe, Malawi, the Democratic Republic of the Congo and Kenya. The Government will continue to work closely in these countries, particularly with Irish NGOs and missionaries. In 2004, almost €30 million has been allocated to Irish NGOs through the multi-annual programmes scheme, MAPS, and most of these funds are targeted at sub-Saharan Africa. We also support the work of the Irish missionary community in Africa through the Irish Missionary Resource Service. So far this year, over €11 million has been allocated to Irish missionaries through this service, with the bulk of the assistance also going to sub-Saharan Africa.

Northern Ireland Issues.

Charlie O'Connor

Question:

345 Mr. O’Connor asked the Minister for Foreign Affairs if he will report on his involvement in the recent talks aimed at finding a solution to the continued difficulties in Northern Ireland. [22304/04]

On 16 to 18 September, along with the Taoiseach and my colleagues, the Minister for Justice, Equality and Law Reform, Deputy McDowell and the Minister of State at the Department of Foreign Affairs, Deputy Kitt, I met with Prime Minister Blair and the Assembly parties, for a three day intensive conference at Leeds Castle in Kent. The conference was focused on the resolution of four key outstanding issues, with a view to restoring the full and inclusive operation of the political institutions. These are an end to paramilitary activity; arms decommissioning; stability of the political institutions; and policing, including the devolution of policing and justice powers.

As stated by the Taoiseach at Leeds Castle, it is our belief that the issues relating to the ending of paramilitary activity and decommissioning can now be resolved, as part of a comprehensive agreement. It was not possible at Leeds Castle, however, to achieve consensus on possible changes to the operation of the institutions in strands one, two and three of the Good Friday Agreement. Both Governments are agreed that any such changes must respect the fundamental principle of partnership enshrined in the agreement and its key power sharing provisions.

Consultations on the institutional issues continued last week in Stormont between the Assembly parties and the two Governments. In the light of these discussions, both Governments are now considering how progress on these institutional issues can be advanced. The visit of a DUP delegation, led by Dr. Paisley, to Dublin on 30 September will provide an important opportunity to further address these issues. In addition to the talks in Stormont, I availed of the opportunity last week to brief the UN General Assembly on recent developments in Northern Ireland, as well as key Irish-American contacts in New York and Boston.

We need now to build on the momentum of the discussions at Leeds Castle so that all of the outstanding issues are quickly finalised and a comprehensive agreement secured for the benefit of all of the people of Northern Ireland.

Equality Policy.

David Stanton

Question:

346 Mr. Stanton asked the Minister for Foreign Affairs if mechanisms exist to ensure that interview boards established under the auspices of his Department which comprise two or more persons are gender balanced; and if he will make a statement on the matter. [22361/04]

It is the policy of the Department of Foreign Affairs that all interview boards should have an appropriate gender balance.

Human Rights Issues.

Eamon Gilmore

Question:

347 Mr. Gilmore asked the Minister for Foreign Affairs the progress made towards ratification of Protocol No. 12 to the European Convention on Human Rights on non-discrimination; the consultations which he has undertaken with interested parties since the protocol was opened for signature on 4 November 2000; the timescale for ratification of the protocol; and if he will make a statement on the matter. [22526/04]

Protocol 12 to the European Convention on Human Rights, which extends the anti-discrimination provisions of the Convention, was signed by the then Minister for Justice, Equality and Law Reform on 4 November 2000 in Rome. Ireland already has a comprehensive anti-discrimination protection legal code in place since the enactment of the employment equality and equal status Acts which prohibit discrimination on nine separate grounds. It has also put in place an equality infrastructure which offers procedures for individuals to pursue complaints in regard to discrimination experienced on any of these grounds. Ireland, has, therefore, already provided in national law for many of the provisions of Protocol 12. The question of the ratification of Protocol 12 is a matter for the Department of Justice, Equality and Law Reform.

Ten ratifications are needed for this protocol to come into force; to date eight countries have ratified the protocol. The Netherlands and Cyprus are the only European Union member states to have ratified the protocol.

Eamon Gilmore

Question:

348 Mr. Gilmore asked the Minister for Foreign Affairs the progress made towards ratification of Protocol No. 14 to the European Convention on Human Rights on non-discrimination; the consultations which he has undertaken with interested parties since the protocol was opened for signature on 13 May 2004; the timescale for ratification of the protocol; and if he will make a statement on the matter. [22527/04]

Protocol 14 to the European Convention on Human Rights, which amends the control system of the Convention, was signed by Minister of State, Deputy Roche. at the Council of Europe ministerial session in Strasbourg in May 2004. The amendments to the Convention set out in this protocol aim to improve the filtering and subsequent processing of applications to the European Court of Human Rights.

The procedures required for ratification are in hand within the Department of Foreign Affairs and I would hope that Ireland will be in a position to ratify the protocol in the near future.

Question No. 349 answered with QuestionNo. 339.

Institutes of Technology.

Finian McGrath

Question:

350 Mr. F. McGrath asked the Minister for Education and Science the position regarding funding to DIT; and if he will make a statement on future plans. [21218/04]

The Dublin Institute of Technology Act 1992 provides that the governing body of the DIT is required to submit annually to my Department through the City of Dublin VEC an operational programme and budget for approval by my Department.

An annual budget for the institute is allocated following consideration of the programme and budget submission, and having regard to the available funding and to the government's commitments and priorities. The implementation of the programme and budget and the management of the resources of the institute are matters for which the governing body and the management of the institute are responsible.

The total recurrent funding allocated to DIT from 1997 to 2003 was €649.8 million. The provisional recurrent grant allocation to DIT for 2004 is €112.4 million.

Since 1997 my Department has invested over €85 million in the development of capital facilities in the Dublin Institute of Technology.

As regards future capital funding, I recently published the report of the capital review and prioritisation working group on the future capital needs in the third level sector. This report identifies an overall estimated Exchequer requirement of €1.9 billion capital funding in the third level sector over a ten year period.

The report and its proposals in relation to the phasing of funding, including funding for the Dublin Institute of Technology, will have to be considered in the context of the ongoing Estimates process.

School Staffing.

Batt O'Keeffe

Question:

351 Mr. B. O’Keeffe asked the Minister for Education and Science if it is his intention to review the cutting back of two teachers at a school (details supplied) in County Cork in view of the serious impact on teacher-pupil numbers. [21237/04]

The staffing of a primary school for a particular school year is determined by reference to the enrolment of the school on 30 September of the previous school year. This is in accordance with guidelines agreed between my Department and the education partners.

The enrolment of the school referred to by the Deputy at 30 September 2003 was 374 pupils, which warrants a staffing of principal plus 13 mainstream posts for the 2004-05 school year.

To ensure transparency and openness in the system an independent appeals board is now in place to decide on any appeals on mainstream staffing. Details of the appeals procedure are outlined in the Department's primary circular 03/04 which was issued to all primary schools in April 2004.

Special Educational Needs.

Enda Kenny

Question:

352 Mr. Kenny asked the Minister for Education and Science if an application has been received in his Department by a person (details supplied) in County Mayo requesting the immediate sanctioning of five resource hours per week for a person who is autistic; if a decision has been made on whether these hours will be provided; and if he will make a statement on the matter. [21244/04]

I wish to advise the Deputy that my Department has approved five hours resource teaching per week for the pupil in question.

The school authorities have recently been informed of this decision.

Phil Hogan

Question:

353 Mr. Hogan asked the Minister for Education and Science when a resource teacher will be appointed to a school (details supplied) in County Kilkenny; and if he will make a statement on the matter. [21290/04]

I can confirm that applications for resource teaching support for pupils with special needs have been received from the school referred to by the Deputy.

The Deputy may be aware that my Department has recently developed a new weighted system for the allocation of teaching supports to pupils with special needs. An additional 350 teacher posts are being provided to facilitate the introduction of the new system. This system will involve general weighted allocation for all primary schools to cater for pupils with higher incidence special educational needs, that is, those with borderline mild and mild general learning disability, specific learning disability, and also those with learning support needs. It will also allow for individual allocations in respect of pupils with lower incidence special educational needs.

This new system will allow resources to be speedily allocated to pupils with disabilities on the basis of school based assessment.

I wish to advise the Deputy that the needs of the pupils in the school in question can be accommodated within existing resources.

Higher Education Grants.

Phil Hogan

Question:

354 Mr. Hogan asked the Minister for Education and Science the reason a third level grant was refused in 2003 to a person (details supplied) in County Carlow; and if he will make a statement on the matter. [21291/04]

The higher education grant schemes operate under the Local Authorities (Higher Education Grants) Acts, 1968 to 1992. These Acts define a mature student to mean a person "of not less than 23 years of age, or such other age as may stand specified for the time being in regulations made by the Minister with the consent of the Minister for Finance, who have secured places in approved institutions and have reached that age on the 1st day of January, or such other date as may be prescribed from time to time by the Minister with the consent of the Minister for Finance, in the year of entry to such institutions". The Acts further provide, inter alia, for the making of grants to mature students whose means and those of their parents, where the mature students are dependent on their parents do not exceed prescribed limits.

Under the terms of the schemes, mature students are categorised as either independent mature students or mature students dependent on parents. An independent mature student is defined to mean a mature candidate who was not ordinarily resident with his-her parents from 1 October of the year preceding the academic year in which s-he entered an approved course. Independent mature students are assessed without reference to either their parents' income or address.

The higher education grant scheme is administered by the local authorities under the aegis of my Department. In order for a grant applicant to be assessed as an independent mature student, he or she must provide documentary evidence to the local authority of his or her independent residence from 1 October of the relevant year. My Department understands that sufficient evidence to establish that the candidate in this case has been living independently from the prescribed date has not, to date, been supplied to Kilkenny County Council, the relevant awarding body in this case.

Until such time as satisfactory evidence is provided by the candidate to determine that he meets the definition of an independent mature student prescribed in the scheme, he cannot be assessed as such for the purpose of his grant application. He can, however, be assessed as a mature student dependent on parents with reference to his parents' income and address.

Finian McGrath

Question:

355 Mr. F. McGrath asked the Minister for Education and Science if a person (details supplied) in Dublin 7 will be given the maximum advice and support in relation to funding their education and to ensure they receive a grant. [21303/04]

The statutory framework for maintenance grants under the higher education grants scheme, which is set out in the Local Authorities (Higher Education Grants) Acts, 1968 to 1992, provides for means-tested higher education grants in order to assist students to attend full-time third level education. A similar condition exists in the other third level maintenance grant schemes.

Under the terms of the free fees initiative, whereby the State meets the tuition costs of eligible students, an approved course is defined as a full-time undergraduate course of a minimum duration of two years in an approved third level institution.

Part-time courses are therefore not approved courses under the terms of the maintenance grant schemes or the free fees initiative. As the person to whom the Deputy refers is pursuing a part-time course, he is ineligible for funding under the third level maintenance grants schemes, or the free fees initiative.

There is no scheme operated under the aegis of my Department to meet the costs of tuition fees on part-time courses.

The fund for students with disabilities, which is administered on behalf on my Department by the national office for equity for access to third level education, aims to assist students with disabilities in third level institutions and PLC colleges to participate in full-time further and higher education. The purpose of the fund is to provide students who have serious sensory, physical and-or communicative disabilities, with grant assistance towards the cost of special equipment, special materials and technological aids, targeted transport services, personal assistants and sign language interpreters. The scheme does not provide for the payment of tuition fees.

Eamon Gilmore

Question:

356 Mr. Gilmore asked the Minister for Education and Science if he has received a request to add an institution (details supplied) to the remit of the residential institutions redress scheme; the consideration he is giving to the request; and if he will make a statement on the matter. [21343/04]

At present 128 institutions are listed on the Schedule to the Residential Institutions Redress Act. Section 4 of the Act enables additional institutions that are identified as reformatory schools, industrial schools, orphanages, children's homes and special schools, in which children were placed and resident and in respect of which a public body had a regulatory or inspection function, to be added to the Schedule.

My Department has received correspondence from both individuals and survivor groups identifying a number of additional institutions that may be eligible for inclusion in the Schedule. It has been necessary for my Department to establish if in fact the institutions identified to it are eligible for inclusion in the Schedule and this process has proven to be time consuming and is continuing.

However, while inquiries have not yet been completed in respect of all institutions, I can confirm that the Government has recently approved the addition of a further 13 institutions to the Schedule. In accordance with Section 4 of the Residential Institutions Redress Act 2002, I am currently making arrangements to have a draft of the Order necessary to add these 13 institutions to the Schedule laid before each of the Houses of the Oireachtas in order to seek a resolution of approval.

I do not consider that it would be appropriate to identify the 13 institutions until the draft Order is laid before the Houses of the Oireachtas. It is possible that further institutions may be added to the Schedule in the future as a result of the inquiries being conducted by my Department.

Teachers’ Remuneration.

Seán Haughey

Question:

357 Mr. Haughey asked the Minister for Education and Science the position regarding an application by a person (details supplied) in Dublin 3 for reduced class contact hours on grounds of disability; and if he will make a statement on the matter. [21347/04]

The regulations for the payment of incremental salary grant to teachers in voluntary secondary schools, provide for the teacher to be timetabled for a minimum of 18 hours class contact per week to maintain entitlement to full salary. It is a matter for the school authority to determine the timetabled hours of its teachers given its overall requirements-resources subject to the 18 hour minimum requirement. The terms and conditions of employment for teachers are a matter for the teachers' conciliation council, which comprises representatives of the teachers' unions, school management, the Department of Finance and the Department of Education and Science.

These terms and conditions are of general application to all teachers and it would be inappropriate for me to intervene in individual cases.

Third Level Charges.

Seán Haughey

Question:

358 Mr. Haughey asked the Minister for Education and Science if he will take steps to ensure that there are no increases in the registration fees for third level students in 2004-05; and if he will make a statement on the matter. [21348/04]

Pat Breen

Question:

429 Mr. P. Breen asked the Minister for Education and Science if he will reconsider his proposal on the increase to the higher level registration fees, flagged in Budget 2004; and if he will make a statement on the matter. [21852/04]

John Gormley

Question:

674 Mr. Gormley asked the Minister for Education and Science if he intends to increase the higher level registration fees as predicted in the Budget 2004; if the increase in the minimum fee will be €80 as forecast; his views on whether such an increase is in line with declared Government policy that education should be accessible, in view of the fact that it applies to all students regardless of means; and if he will make a statement on the matter. [22974/04]

I propose to take Questions Nos. 358, 429, and 674 together.

The student charge is levied by third level institutions to defray the costs of examinations, registration and student services. On 13 November 2003 I announced, as part of the 2004 Estimates for my Department, that the student charge will increase from €670 to €750 for the 2004-05 academic year. It is not the case that this charge applies irrespective of means. All students who are eligible for means tested student support have the student charge paid on their behalf by the local authorities or the vocational educationcommittees, in addition to their other entitlements.

Early Childhood Education.

Finian McGrath

Question:

359 Mr. F. McGrath asked the Minister for Education and Science the number of EU states that have standardised tests for seven year olds; and the name of these states. [21353/04]

Standardised tests are used to varying extents at local level and at national level across the EU states.

According to information currently available, standardised testing of primary pupils in the early years of their primary schooling is a national requirement in England, Wales, Northern Ireland, the Netherlands and France.

In England and Wales, pupils at ages seven and 11 must take standardised tests in reading and mathematics. In Northern Ireland, pupils take similar standardised tests at eight and 11. In Scotland, pupils aged eight and 12 take tests in English and mathematics. In the Netherlands, pupils are tested in language and mathematics at three points during their primary education including at seven to eight years of age.

In France, national assessment tests in reading, writing and mathematics are administered at the beginning of the consolidation cycle of primary education, that is, at approximately nine years of age.

In Ireland, the standardised testing of seven year olds has formed the basis for a number of national surveys. For example, as part of the 2004 national assessment of English reading, standardised tests were administered to pupils in both the first and fifth classes in a representative national sample of primary schools. Also, standardised tests of mathematics were administered to pupils in fourth class in a representative sample of schools in May 2004 as part of the national assessment of mathematics achievement.

While the 2004 national assessment of English reading was the first in which a nationally representative sample of pupils in first class was involved, pupils in first class took a standardised test of reading as part of the 2003 survey of reading in designated disadvantaged schools.

Separate from the national assessments, standardised tests have been developed for use by schools and evidence shows that they are used in more than 90% of primary schools in Ireland. Tests are available for English reading, English spelling, and mathematics for administration to pupils in the first to sixth classes, inclusive. In any consideration of the possible effects on pupils, it is worthwhile to note that the teachers of classes that participated in the standardisation studies for these tests carried out by the educational research centre did not report that pupils experienced any undue difficulties in attempting them. The tests at all class levels are designed so that all pupils can meet with some level of success on them.

School Staffing.

Finian McGrath

Question:

360 Mr. F. McGrath asked the Minister for Education and Science the reason the numbers in a school (details supplied) in Dublin 9 have increased; and if he will make this issue a priority. [21375/04]

The staffing of a primary school for a particular school year is determined by reference to the enrolment of the school on 30 September of the previous school year and to the staffing schedule issued to all schools on an annual basis. This is in accordance with guidelines agreed between my Department and the education partners.

The staffing schedule is structured to ensure that all primary schools will operate to an average mainstream class size of 29 pupils. The arrangement of classes is a matter for the school authorities, which should ensure that there is an equitable distribution of pupils in mainstream classes and that the differential between the largest and the smallest classes is kept to a minimum.

The enrolment on 30 September 2003 of the school referred to by the Deputy was 369 pupils, which warrants a staffing of principal plus 13 mainstream posts for the 2004-05 school year.

To ensure transparency and openness in the system, an independent appeals board is now in place to decide on any appeals on mainstream staffing. Details of the appeals procedure are outlined in the Department's primary circular 03/04 which was issued to all primary schools in April 2004.

Schools Building Projects.

Olivia Mitchell

Question:

361 Ms O. Mitchell asked the Minister for Education and Science if he will include in a high priority band of the new building programme the joint school project of St. Colmcille’s Junior and Senior School, Knocklyon, which is now absolutely critical. [21396/04]

I have previously announced my intention to publish, for the first time ever, a multi-annual school building programme.

My officials are nearing completion of a review of all projects in line with the revised prioritisation criteria that resulted from consultation with the partners. The purpose of the review is to enable and inform a multi-annual approach to the school building programme.

I expect to be providing details of this multi-annual programme before the end of the current year.

Special Educational Needs.

Finian McGrath

Question:

362 Mr. F. McGrath asked the Minister for Education and Science if he will urgently assist children with disabilities (details supplied); and to ensure that they get a service locally. [21399/04]

My Department allocates additional teaching support and special needs assistant support to second level schools and vocational educational committees to cater for pupils with special educational needs. Applications for such support are made to my Department by the relevant school authority. Each application is considered on the basis of the assessed needs of the pupils involved and the nature and level of support provided is determined on the advice of the psychological service.

The school referred to by the Deputy has been allocated 11 hours 20 minutes per week additional teaching support to address the needs of pupils with special educational needs attending the school.

The level of additional teaching support was determined after detailed consideration of the school's application, the supporting documentation provided, including the recommendations made by the national educational psychological service, NEPS, and having regard to the overall level of resources already available to the school.

If the school is of the view that the prevailing level of assessed special needs within the school is such as to be incapable of being addressed from within its current allocation, my Department will be prepared to consider these concerns. Such consideration will require a clear demonstration by the school of the inadequacy of its allocation by reference to its current utilisation of its available resources.

School Transport.

Seán Haughey

Question:

363 Mr. Haughey asked the Minister for Education and Science the position regarding the provision of school transport for the pupils of a school (details supplied) in Dublin 9; if a special mini-bus will be provided for this school term; and if he will make a statement on the matter. [21405/04]

A special mini-bus was sanctioned by my Department for pupils referred to by the Deputy. The necessary arrangements have been put in place from the beginning of this month.

Schools Building Projects.

Fergus O'Dowd

Question:

364 Mr. O’Dowd asked the Minister for Education and Science the progress on the provision of a new school (details supplied) in County Louth; and if he will make a statement on the matter. [21414/04]

I have previously announced my intention to publish, for the first time ever, a multi-annual school building programme.

My officials are nearing completion of a review of all projects in line with the revised prioritisation criteria that resulted from consultation with the partners. The purpose of the review is to enable and inform a multi-annual approach to the school building programme.

I expect to be providing details of this multi-annual programme before the end of the current year.

Finian McGrath

Question:

365 Mr. F. McGrath asked the Minister for Education and Science the recent developments at a school (details supplied) in Dublin 5 in relation to their land and provision of services; and if he will make a statement on the matter. [21468/04]

My Department is unaware of the developments referred to by the Deputy. If details are provided to school planning section, it will be happy to pursue the matter.

Special Educational Needs.

Finian McGrath

Question:

366 Mr. F. McGrath asked the Minister for Education and Science the reason a person (details supplied) with a disability is receiving 12.5 special needs assistance hours when full-time assistance was requested; and if he will give this person the maximum support. [21469/04]

I wish to advise the Deputy that, following a review, my Department has approved a special needs assistant for 23.3 hours per week to support the pupil in question.

Schools Building Projects.

Fergus O'Dowd

Question:

367 Mr. O’Dowd asked the Minister for Education and Science, further to Parliamentary Question No. 331 of 27 April 2004, the progress to date regarding the acquisition of a site for a new primary school at Mell, Drogheda, County Louth. [21470/04]

The property management section of the OPW, which acts on behalf of my Department in relation to site acquisitions generally, is currently in negotiations regarding the acquisition of a site for the provision of a new primary school at Mell, Drogheda, County Louth.

My Department will keep the school authority informed of developments.

Education Schemes.

Breeda Moynihan-Cronin

Question:

368 Ms B. Moynihan-Cronin asked the Minister for Education and Science the number of applicants for assistance under the aid for school books grant scheme in each of the years between 2000 and 2003; the number of applications received to date in 2004; the annual budget allocated by his Department to the scheme annually for each year between 2000 and 2003; and if he will make a statement on the matter. [21519/04]

At primary level the aid for school books grant is paid in June each year in respect of the following school year. Following are details of the number of applicants for assistance and expenditure at primary level in the years 2001 to 2004:

Year

No. pupils

Expenditure

2001

151,363

3,571,525.78

2002

143,951

3,762,509.00

2003

144,030

3,947,674.20

2004

139,387

3,823,587.40 (to date)

Figures at primary level for the year 2000 are not readily available to my Department. These will shortly be forwarded directly to the Deputy.

At post-primary level following are details of the number of applicants for assistance and expenditure provisions for the years 2000 to2004:

Year

No. pupils

Provision

2000

146,000

5,769,000

2001

141,760

5,828,098

2002

137,500

6,175,000

2003

137,630

6,359,000

2004

135,860

6,359,000

Breeda Moynihan-Cronin

Question:

369 Ms B. Moynihan-Cronin asked the Minister for Education and Science the number of primary and secondary schools in County Kerry which operate a book rental scheme; the steps he is taking to encourage schools to operate book rental schemes; and if he will make a statement on the matter. [21520/04]

In 2002, my Department surveyed post-primary schools to determine the number operating book loan-rental schemes. There was a good response from County Kerry schools and of those who responded 53% had book loan-rental schemes in place. At primary level 79 schools operate book rental schemes.

I am aware that costs associated with the purchase of schoolbooks place a financial burden on parents and am concerned to minimise these costs to the greatest extent possible.

A consultancy report, which was submitted to my Department in May 1993, dealt with the factors which contribute to the cost of school textbooks. The main conclusion of the report was that book rental schemes are the most practical way of limiting the cost of schoolbooks to parents.

The report, copies of which were sent to all schools, contains a number of useful suggestions, including a code of good practice for the successful operation of book rental schemes.

My Department endorses the recommendations and urges school authorities at both primary and post-primary level to put in place book rental schemes to the greatest extent possible. The school book grant may be used by school authorities for the establishment of book loan-rental schemes. At primary level an enhanced rate of grant is paid to schools operating book rental schemes.

At post-primary level, my Department also provides seed capital towards the costs of establishing book rental schemes in schools designated as disadvantaged and schools which participate in schemes designed to combat educationaldisadvantage, for example, school meal programmes.

Grant Payments.

Breeda Moynihan-Cronin

Question:

370 Ms B. Moynihan-Cronin asked the Minister for Education and Science if he will reinstate the physical education grant for schools; and if he will make a statement on the matter. [21521/04]

In October 2000, my Department introduced a physical education grant for all primary schools. Since the introduction of the scheme, my Department provided in excess of €5.5 million in grant aid to primary schools under this scheme to enable schools provide coaching or mentoring in connection with physical education or to purchase resource materials associated with the provision of physical education.

Materials and equipment purchased by schools in previous years will generally be available to them for subsequent years.

In the light of budgetary constraints, I decided to withdraw payment of the grant from 2003. The position will be kept under review as part ofthe normal Estimates process in the coming years.

Year

No. pupils

Expenditure

2001

151,363

3,571,525.78

2002

143,951

3,762,509.00

2003

144,030

3,947,674.20

2004

139,387

3,823,587.40 (to date)

Figures at primary level for the year 2000 are not readily available to my Department. These will shortly be forwarded directly to the Deputy.

At post-primary level following are details of the number of applicants for assistance and expenditure provisions for the years 2000 to2004:

Year

No. pupils

Provision

2000

146,000

5,769,000

2001

141,760

5,828,098

2002

137,500

6,175,000

2003

137,630

6,359,000

2004

135,860

6,359,000

The school has recently been notified of this decision.

Physical Education Facilities.

Breeda Moynihan-Cronin

Question:

371 Ms B. Moynihan-Cronin asked the Minister for Education and Science the number of primary and secondary schools with a physical education room or hall at present; if he would provide this information on a county by county basis; and if he will make a statement on the matter. [21522/04]

It is the policy of my Department to provide for the delivery of a broad and balanced physical education curriculum at primary and post-primary levels. In relation to facilities generally the position is that many schools have general purposes rooms or physical education halls and practically all schools have outdoor play areas which are utilised for teaching different aspects of the physical education programme. Many schools also use adjacent local facilities, including community halls, public parks, playing fields and swimming pools. However, detailed information in the format requested by the Deputy is not readily available and I consider that the level of resources required to compile the information sought would not be warranted.

Should the Deputy have a question in relation to a particular school I will provide a response.

Grant Payments.

Breeda Moynihan-Cronin

Question:

372 Ms B. Moynihan-Cronin asked the Minister for Education and Science the current procedures for application for, and the current rates of payment of, the ICT grant for primary and secondary schools; if this is payable to all schools; and if he will make a statement on the matter. [21523/04]

The Deputy will be aware that my Department, in conjunction with the Department of Communications, Marine and Natural Resources and with financial assistance from the telecommunications industry, has undertaken to supply broadband Internet connectivity to all schools by the end of 2005.

In support of this initiative my Department has identified the development of computer networking facilities within schools as a priority in the provision of school ICT infrastructure in the current and succeeding two years. To this end my Department in June invited schools to consider and submit computer networking proposals for funding. Based upon applications submitted in this regard schools will receive grants ofbetween €1,000 and €20,000, depending on school size.

The initial closing date for receipt of applications in this regard was last Monday, 27 September and my Department is currently processing the proposals. It is envisaged that grant approvals will issue to schools in late October within the constraints of the funding available to me in 2004. Further approvals will be made in early 2005 in the light of ongoing applications from schools and having regard to the provision available to my Department in that year.

Capitation Grants.

Breeda Moynihan-Cronin

Question:

373 Ms B. Moynihan-Cronin asked the Minister for Education and Science if he will increase the capitation grant for primary schools to help meet increasing running costs; and if he will make a statement on the matter. [21524/04]

I am committed to improving the funding position of primary schools in the light of available resources. Recent significant increases in the funding of primary schools is a clear demonstration of my commitment to prioritise available resources to address the needs of those schools.

The standard rate of capitation grant for primary schools has been increased from €57 in 1997 to €121.58 per pupil from 1 January last, an increase of almost 113% over the period.

The position will be kept under review as part of the normal Estimates process in the coming years.

Schools Refurbishment.

Breeda Moynihan-Cronin

Question:

374 Ms B. Moynihan-Cronin asked the Minister for Education and Science the financial support currently available to primary and secondary schools to replace furniture and other equipment which is in disrepair; and if he will make a statement on the matter. [21525/04]

Primary schools may use funds allocated by my Department under the terms of the grants scheme for minor works to purchase replacement furniture and equipment provided such funds are not required for more urgent and immediate works. The position regarding the grants scheme for minor works is set out in the 2004 school building programme, which was published in January. The programme shows that €19 million has been provided for the payment of the full grant.

In relation to post-primary schools, replacement furniture and equipment is provided where major refurbishment works, school extensions or new schools are being provided. It is also open to both primary and post-primary schools to use their capitation grant to replace furniture and equipment provided such funds are not required for more urgent and immediate needs.

School Accommodation.

Breeda Moynihan-Cronin

Question:

375 Ms B. Moynihan-Cronin asked the Minister for Education and Science the reason it is the policy of his Department to ask schools to use PE rooms or halls as classrooms before they are entitled to apply for new classrooms or temporary accommodation; if any such requests have been made of schools in County Kerry recently; and if he will make a statement on the matter. [21526/04]

Let me make clear that the policy of my Department is to provide for the delivery of a broad and balanced physical education curriculum at primary and post-primary levels. In relation to facilities generally, the position is that many primary schools have a general purposes room and practically all schools have outdoor play areas which are utilised for teaching different aspects of the physical education programme. Many schools also use adjacent local facilities, including public parks, playing fields and swimming pools.

A particular difficulty arose this year in relation to some schools in need of additional accommodation to facilitate extra teacher appointments. In the context of the available funding for temporary accommodation and the number of applications for that funding in the current year it was not possible to approve all applications received.

As an interim measure some schools were advised to maximise the use of existing accommodation and my Department is considering these applications further with a view to including them as part of a multi-annual school building programme from 2005.

School Curriculum.

Breeda Moynihan-Cronin

Question:

376 Ms B. Moynihan-Cronin asked the Minister for Education and Science if his Department, in conjunction with the National Council for Curriculum Assessment, will conduct an analysis of the financial impact on pupils, parents and schools of changes to school curricula and any associated changes to text books and materials used for new curricula; if his attention has been drawn to the difficulties created by frequent curricular changes for family and school budgets, and the detrimental effect of such changes on the operation of book rental schemes in schools; and if he will make a statement on the matter. [21527/04]

Syllabus planners are conscious of the need to avoid over frequent changes, primarily in order to minimise increases in the cost burden for parents. Apart from a small number of prescribed texts at second level, mainly in the case of language subjects, school books are not approved or prescribed by my Department at first or second level. Decisions on which books to use are taken at school level.

School authorities have been advised that books should be changed only to the extent that is absolutely necessary. However, textbooks have to be changed periodically to enable teachers to keep their own and their students' work educationally stimulating and to ensure that content and methodology are kept up to date.

My Department operates a grants scheme towards the cost of providing school textbooks for pupils from low-income families in schools at first and second level. For the purposes of these grants, a needy pupil is a pupil from a family where there is genuine hardship because of unemployment, prolonged illness of a parent, large family size with inadequate means, single parenthood or other family circumstances, such as substance abuse, which would indicate a similar degree of financial hardship. Principal teachers administer the book grant schemes in schools in a flexible way under the terms of the schemes based on their knowledge of particular circumstances in individual cases. Many schools operate book rental schemes and second-hand book exchanges.

I have no plans to conduct an analysis of the financial impact on pupils, parents and schools of changes to school curricula and any associated changes to text books and materials used for new curricula.

Higher Education Grants.

Breeda Moynihan-Cronin

Question:

377 Ms B. Moynihan-Cronin asked the Minister for Education and Science if he has plans to increase the income eligibility limits for the third level maintenance grant; and if he will make a statement on the matter. [21528/04]

The practice in recent years has been to increase the reckonable income limits for the maintenance grant schemes in line with the increase in the average industrial wage in the previous year. The top income limit was increased from €36,897 to €40,000 as part of the €42 million package announced in May 2003. This year, in line with normal practice, I approved an increase of 5.9% in the reckonable income limits to be applied in respect of the 2004-05 academic year. In accordance with the commitment in the programme for Government to "increase the eligibility thresholds for maintenance grants for families with a number of students attending qualifying courses at the same time", I also increased by 5.9% the allowance by which the income limits may be increased in respect of other family members pursuing an approved course of study.

The increase for the 2004-05 academic year brings the top income limit to €42,360, where there are less than four dependent children in a family. Higher income thresholds apply in cases where there are four or more dependent children in the family. I have set out below full details of the reckonable income limits for the 2004 schemes.

In relation to the special rate of maintenance grant, known as the "top-up" grant, in line with increases in the relevant social welfare payments, I increased the annual income threshold by 6.8% to €14,693, ensuring that at least 10,000 students will benefit.

I have no plans to depart, in the foreseeable future, from the current practice in relation to annual increases in the reckonable income limits under my Department's student maintenance grant schemes.

Reckonable Income Limits for the ordinary rates of grant†

(for the period 1st January, 2003 to 31st December 2003 (the tax year 2003)

Number of Dependent Children

Full Maintenance and Full Fees

Part Maintenance (75%) and Full Fees

Part Maintenance (50%) and Full Fees

Part Maintenance (25%) and Full Fees

Part Fees (50%) only*

Less than 4

33,890

36,005

38,125

40,240

42,360

4-7

37,240

39,570

41,895

44,225

46,550

8 or more

40,435

42,960

45,485

48,010

50,535

*Full Student Service Charge is paid where income is at or below this level.

† In the 2004/2005 academic year where 2 or more children (or the candidate's parent) are pursuing a course of study listed below the reckonable income limits may be increased by €4,100 where there are 2 such children, €8,200 where there are 3 such children and so on, by increments of €4,100.

(i) attending full-time third level education

(ii) attending a recognised PLC course, student nurse training or student Garda training

(iii) participating in a CERT course of at least one years duration

(iv) attending a full time Teagasc course in an agricultural college

(v) attending a recognised full-time further education course, of at least one year's duration, in Northern Ireland.

Schools Building Projects.

Breeda Moynihan-Cronin

Question:

378 Ms B. Moynihan-Cronin asked the Minister for Education and Science the stage of development of the new extension to Glens national school, Dingle, County Kerry; andif he will make a statement on the matter. [21529/04]

A building project for Scoil An Ghleanna is listed in section 9 of the 2004 school building programme which is published on my Department's website at www.education.ie. This project has a band 3 rating and is at early stages of architectural planning.

My Department's officials are currently reviewing all projects that were not authorised to proceed to construction as part of the 2004 school building programme, including Glens national school, with a view to including them as part of a multi-annual school building programme from 2005. I expect to make further announcements in this regard before the end of the year.

Breeda Moynihan-Cronin

Question:

379 Ms B. Moynihan-Cronin asked the Minister for Education and Science the stage of development of the construction of a sports hall at Meánscoil na Toirbhirte, Milltown, County Kerry; and if he will make a statement on the matter. [21530/04]

The extension project which includes the provision of a physical education hall at Presentation secondary school, Milltown, County Kerry 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 has a band 2 rating and is at an advanced stage of architectural planning.

My Department's officials are currently reviewing all projects that were not authorised to proceed to construction as part of the 2004 school building programme, including Presentation secondary school, with a view to including them as part of a multi-annual school building programme from 2005. I expect to make further announcements in this regard before the end of the year.

Breeda Moynihan-Cronin

Question:

380 Ms B. Moynihan-Cronin asked the Minister for Education and Science the stage of development of the proposed new primary school for Rathmore, County Kerry; and if he will make a statement on the matter. [21531/04]

The building project for Rathmore national school 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 has a band 1 rating and is at the early stages of architectural planning. My Department is currently awaiting a combined stage 1-2-3 submission — detailed plans-costs — from the school’s design team.

My Department's officials are currently reviewing all projects that were not authorised to proceed to construction as part of the 2004 school building programme, including Rathmore national school, with a view to including them as part of a multi-annual school building programme from 2005. I expect to make further announcements in this regard before the end of the year.

School Transport.

Breeda Moynihan-Cronin

Question:

381 Ms B. Moynihan-Cronin asked the Minister for Education and Science if the report on the safety of school buses being prepared by his Department, the Department of the Environment, Heritage and Local Government and Bus Éireann has been completed; if he will place this report in the Oireachtas Library; the steps he proposes to take on foot of this report; and if he will make a statement on the matter. [21532/04]

I take it that the Deputy is referring to the discussion document entitled Safer School Buses that was circulated in 2002 by the vehicles standards section, the Department of the Environment, Heritage and Local Government, which is now under the remit of the Department of Transport.

My Department liaises with the Department of Transport regarding the regulations governing safety on school buses. All vehicles operating under the school transport scheme are required to meet the statutory regulations as laid down by the Department of Transport. My Department and Bus Éireann fully comply with these regulations.

The overall operation of the school transport scheme is constantly under review to ensure that the best and safest possible service is delivered. Bus Éireann, which operates the service on behalf of my Department, places special emphasis on safety and, to this end, has a wide range of checking procedures in place to ensure a safe and reliable service which are reviewed on an ongoing basis to ensure that standards are maintained.

My Department understands from the Department of Transport that a copy of the discussion document was placed in the Oireachtas Library in 2002.

School Services Staff.

Breeda Moynihan-Cronin

Question:

382 Ms B. Moynihan-Cronin asked the Minister for Education and Science if school caretakers were included in the benchmarking process; their position now vis-à-vis same; and if he will make a statement on the matter. [21535/04]

School caretakers are linked for pay purposes to the general operative grade in local authorities. A parallel benchmarking process has recently been concluded for the general operative grade in local authorities which provides for an increase of €70.09 per week subject to increased flexibility and mobility measures. The current national agreement, Sustaining Progress, provides that 25% of the increase will be paid on ratification of the agreement with the balance to be paid on a phased basis subject to satisfactory implementation of a modernisation agenda, co-operation with flexibility and ongoing change, absence of industrial action and maintenance of stable industrial relations. Payment is dependent on verification of satisfactory achievement of these provisions by the performance verification groups established in each sector.

The first phase of the increase has been paid to caretakers employed in vocational schools, community and comprehensive schools and certain primary schools following ratification of the agreement. Payment of the next phase of 50% is dependent on verification by the education sector performance verification group of progress made in relation to the modernisation agenda agreed for the grade. The education sector performance verification group has approved the action plan for the schools concerned and has sought a progress report by 28 October when it will then consider the progress made.

In the case of secondary schools and the majority of primary schools the arrangements are that each school receives a grant from my Department for the provision of caretaking and other ancillary services. It is a matter for each school to determine how best to meet its caretaking requirements. My Department has no direct role in the pay and conditions of service of caretakers employed directly by schools under these arrangements.

Home-School Liaison Scheme.

Pat Rabbitte

Question:

383 Mr. Rabbitte asked the Minister for Education and Science if his attention has been drawn to the delays in the provision of home tuition application forms each year, that forms for the 2004-05 school year were only finalised by his Department and sent to parents in mid June 2004, leaving little time for parents to liaise with schools in the context of receiving the necessary confirmations; the reason parents have since been informed that home tuition authorisation is only valid until Christmas 2004; if he will make arrangements to ensure that home tuition is provided and confirmed to parents for the full school year 2004-05; and if he will make a statement on the matter. [21536/04]

My Department has commenced a review of the provisions of the home tuition scheme. Among other things, this has involved a redesign of application forms, resulting in a delay in the issue of the revised forms. In addition, pending the outcome of the review, home tuition grants have been approved until the end of December 2004 only. It is proposed to notify arrangements for the remainder of the school year well in advance of that deadline. Parents-guardians have been asked to participate in this review by submitting comments or observations with regard to the operation of the scheme.

Special Educational Needs.

Pat Rabbitte

Question:

384 Mr. Rabbitte asked the Minister for Education and Science if services are provided under the aegis of his Department to persons with mental health difficulties; if for the purposes of any such services persons with mental health difficulties are regarded as children until the age of 16 and as adults thereafter; if he will ensure that the age of adulthood in all such ages is set at 18 years; and if he will make a statement on the matter. [21545/04]

I take it the Deputy is referring to persons with special educational needs.

In that regard, the established practice is for my Department to make educational provision for such persons up to and including the school year in which they reach 18 years of age. Depending on the assessed needs of the person, such provision may be made in special schools or special classes or in mainstream primary or post-primary schools. Teaching support, care and specialised equipment are provided as appropriate.

The position is now underpinned by statute. The Education for Persons with Special Educational Needs Act 2004 states unequivocally that the special educational needs of children must be met as a matter of legal right. For the purposes of the Act, a child is defined as a person who is less than 18 years.

Third Level Funding.

Brian O'Shea

Question:

385 Mr. O’Shea asked the Minister for Education and Science the capital funding and the revenue funding provided to each of the universities and to each of the institutes of technology in the years 2001, 2002, 2003 and to date in 2004; and if he will make a statement on the matter. [21554/04]

Olwyn Enright

Question:

439 Ms Enright asked the Minister for Education and Science the amount allocated to each university in the State from his Department for each year since 1997; and if he will make a statement on the matter. [21887/04]

I propose to take Questions Nos. 385 and 439 together. The information requested is outlined in the following documents.

Capital Funding Provided to Universities 1997-2004 (22/9/04)

Institute

1997

1998

1999

2000

2001

2002

2003

2004 (22/9/04)

Total Per University

€000’s

€000’s

€000’s

€000’s

€000’s

€000’s

€000’s

€000’s

€000’s

National University of Ireland, Dublin

1,502

150

1,626

12,269

29,533

16,933

5,611

3,409

71,033

National University of Ireland, Cork

3,778

2,193

3,568

12,253

12,776

4,574

1,528

549

41,219

National University of Ireland, Galway

421

2,426

8,512

12,080

4,051

5,896

308

0

33,694

National University of Ireland, Maynooth

3,999

5,152

2,402

9,336

2,983

15,075

3,009

0

41,956

Trinity College Dublin

3,627

1,380

3,260

18,216

13,018

7,672

2,990

5,444

55,607

University of Limerick

5,970

3,128

9,747

5,533

3,754

2,832

332

0

31,296

Dublin City University

3,174

4,566

9,877

30,984

24,530

12,478

4,263

215

90,087

TOTAL

22,471

18,995

38,992

100,671

90,645

65,460

18,041

9,617

364,892

Capital Funding Provided to Institutes of Technology 2001-22/09/2004

Institute

2001

2002

2003

2004 22/09/2004

Total Funding per Institute

€000’s

€000’s

€000’s

€000’s

€000’s

Athlone Institute of Technology

8,093

9,885

4,080

348

22,406

Institute of Technology, Blanchardstown

21,804

38,155

193

170

60,322

Institute of Technology, Carlow

3,295

1,023

1,680

41

6,039

Cork Institute of Technology

10,647

6,220

4,814

5,982

27,663

Dublin Institute of Technology

26,287

25,441

5,247

2,519

59,494

Dundalk Institute of Technology

23,880

6,493

729

67

31,169

Dún Laoghaire Institute of Art, Design and Technology

1,956

1,815

5,089

288

9,148

Galway-Mayo Institute of Technology

11,792

16,463

4,202

308

32,765

Killybegs Tourism College

2,205

657

85

209

3,156

Letterkenny Institute of Technology

3,320

5,464

8,510

916

18,210

Limerick Institute of Technology

10,372

5,975

2,008

132

18,487

Institute of Technology, Sligo

9,039

9,523

268

0

18,830

Institute of Technology, Tallaght

9,624

0

120

0

9,744

Institute of Technology, Tralee

12,188

2,201

928

0

15,317

Tipperary, Rural and Business Development Institute

1,473

585

20

0

2,078

Waterford Institute of Technology

8,332

7,676

8,697

187

24,892

Annual Total

164,307

137,576

46,670

11,167

359,720

Note:
Amounts provided relate to not only state funded capital investment programmes, but include also capital programmes part funded by the European Regional Development Fund (ERDF) and the European Free Trade Association (EFTA) and Scientific and Technological (Investment) Fund.
Annual Recurrent Funding provided by Department to HEA sector.

Grant inc. Free Fees

Institution

1997

1998

1999

2000

2001

2002

2003

2004 (September)

€000

€000

€000

€000

€000

€000

€000

€000

National University of Ireland

13

13

13

13

13

13

13

13

University College Dublin

89,547

102,493

109,901

116,124

131,717

145,436

153,561

117521

University College Cork

54,015

62,857

71,634

75,888

89,033

94,863

99,710

70100

National University of Ireland Galway

37,914

44,036

48,908

53,521

63,557

72,998

76,611

53370

National University of Ireland Maynooth

18,796

21,018

25,976

26,940

31,131

35,156

36,722

25974

Trinity College Dublin

59,308

66,604

73,624

80,178

93,061

101,337

108,946

80403

Dublin City University

29,200

34,411

39,323

44,704

50,610

58,260

62,461

41502

University of Limerick

36,646

43,090

50,962

58,112

65,835

70,920

74,771

47865

National College of Art & Design

6,566

7,293

7,835

8,393

10,348

9,605

11,283

8787

Royal College of Surgeons

40

75

909

1,724

1076

Royal Irish Academy

2,553

2,826

2,973

2450

NCEA/other

170

170

254

3,428

0

Totals

332,175

381,985

428,430

467,341

537,933

592,323

628,775

449,061

Notes
DCU includes St. Patricks College, Drumcondra & Mater Dei.
UL includes Mary Immaculate College, Limerick.
The 2004 allocation to the HEA sector is €630.549 million.
Recurrent Funding to Institutes of Technology

1997 to 2003 and 2004 to-date

Institute

1997

1998

1999

2000

2001

2002

2003

2004 to-date

€000’s

€000’s

€000’s

€000’s

€000’s

€000’s

€000’s

€000’s

Athlone Institute of Technology

13,916

14,888

16,206

17,605

20,262

22,074

24,540

19,358

Institute of Technology, Blanchardstown

0

236

2,258

4,206

5,906

8,143

10,108

6,815

Institute of Technology, Carlow

13,367

14,046

15,250

16,824

18,520

19,870

20,875

9,514

Cork Institute of Technology

28,891

33,024

35,956

42,519

48,187

51,700

56,365

40,643

Dublin Institute of Technology

72,987

77,137

84,914

91,006

101,698

107,385

114,695

96,700

Dundalk Institute of Technology

12,245

12,842

9,571

11,755

18,827

21,006

22,704

18,524

Dún Laoghaire Institute of Art, Design & Technology

3,094

4,902

10,768

12,869

10,500

11,258

12,285

5,418

Galway-Mayo Institute of Technology

20,263

22,795

24,987

28,914

31,806

35,559

37,773

31,457

Letterkenny Institute of Technology

9,678

10,734

11,571

13,252

14,793

15,793

17,112

12,482

Limerick Institute of Technology

13,887

14,999

16,600

19,807

21,456

22,840

24,616

13,892

Institute of Technology, Sligo

13,528

15,212

15,838

18,826

21,774

24,423

25,050

14,330

Institute of Technology, Tallaght

9,434

9,673

11,240

14,033

14,368

18,533

19,389

9,971

Institute of Technology, Tralee

11,626

12,388

13,390

15,814

17,567

20,675

21,996

12,885

Waterford Institute of Technology

18,627

21,761

23,774

27,823

33,691

36,858

39,065

27,785

Totals

241,543

264,637

292,323

335,253

379,355

416,117

446,573

319,774

Funding comprises: recurrent grant, tuition fees in respect of students on Certificate, Diploma and Degree courses and payments in respect of Maintenance Grants and Student Services Charge for students eligible for support under Third Level Trainee scheme.
Funding from the Information Technology Investment Fund is also included.

Special Educational Needs.

Fergus O'Dowd

Question:

386 Mr. O’Dowd asked the Minister for Education and Science if special needs assistance will be granted to a person (details supplied) in County Louth; and if he will make a statement on the matter. [21577/04]

I am pleased to advise the Deputy that my Department has approved a special needs assistant for 23.3 hours per week to support the pupil in question. The school has recently been notified of this decision.

Disadvantaged Status.

Ruairí Quinn

Question:

387 Mr. Quinn asked the Minister for Education and Science if he will designate a primary school (details supplied) in Dublin 4 as a Dublin inner city school in view of the very large number of its pupils who live in the defined inner city area; and if he will make a statement on the matter. [21579/04]

I am currently finalising a detailed review of all educational disadvantage schemes, with a view to ensuring a fully integrated and cohesive strategy is adopted in this area for the future. Any decision to expand or extend any of the initiatives aimed at addressing educational disadvantage is being considered in the context of this review, the outcome of which I hope to announce shortly.

School Staffing.

Finian McGrath

Question:

388 Mr. F. McGrath asked the Minister for Education and Science the staffing and numbers in a school (details supplied) in County Dublin; and if they are likely to lose teachers. [21587/04]

The staffing of a primary school for a particular school year is determined by reference to the enrolment of the school on 30 September of the previous school year. This is in accordance with guidelines agreed between my Department and the education partners.

The school referred to by the Deputy has retained the same staffing level for the 2004-05 school year as it had for the 2003-04 school year. The enrolment on 30 September 2004 will determine the staffing for the 2005-06 school year.

Discussions regarding the staffing schedule for the 2005-06 school year will commence early in 2005. Once this process is complete the staffing schedule for the 2005-06 school year will issue to the relevant school authorities.

Third Level Fees.

Richard Bruton

Question:

389 Mr. R. Bruton asked the Minister for Education and Science if he will give details of the level of price increase in private third level fees over the past ten years. [21595/04]

My Department does not collect details of the level of increase in tuition fee in private third level institutions.

The level of increase in tuition fees for public third level institutions has been agreed annually with my Department since the introduction of the free fees initiative in 1996. The increases in tuition fee levels have been as follows—

%

1996-97

4

1997-98

4

1998-99

4

1999-00

7

2000-01

6

2001-02

7

2002-03

6

2003-04

6.5

2004-05

7

School Transport.

Seán Crowe

Question:

390 Mr. Crowe asked the Minister for Education and Science if he will inquire into the situation at a school (details supplied) in County Donegal in view of the fact that this is the only Irish-speaking primary school in the area and there would seem to be an entitlement to free school transport in this case; and if he will look into the matter. [21598/04]

Seán Crowe

Question:

404 Mr. Crowe asked the Minister for Education and Science if he will inquire into the situation at a school (details supplied) in County Donegal. [21662/04]

I propose to take Questions Nos. 390 and 404 together.

The matter is being investigated and the authorities of the school referred to by the Deputy in the details supplied will be informed of the position as soon as possible.

Schools Refurbishment.

Denis Naughten

Question:

391 Mr. Naughten asked the Minister for Education and Science, further to Parliamentary Question No. 230 of 10 February 2004, the status of the application to redevelop the hall; and if he will make a statement on the matter. [21607/04]

Prior to considering this application, officials in my Department have again been in contact with the relevant VEC seeking confirmation that a suitable lease agreement has been entered into with the parish.

Provision of Service.

Denis Naughten

Question:

392 Mr. Naughten asked the Minister for Education and Science, further to Parliamentary Question No. 99 of 5 May 2004, if he will provide an update on the current situation; and if he will make a statement on the matter. [21611/04]

I have asked my officials to arrange for an early meeting with the proposers of the facility referred to by the Deputy with a view to finalising the matter in the immediate future.

Schools Building Projects.

Denis Naughten

Question:

393 Mr. Naughten asked the Minister for Education and Science, further to departmental correspondence, if he will approve a revised band rating and associated funding for a school (details supplied) in County Roscommon; and if he will make a statement on the matter. [21614/04]

An application for grant aid towards an extension has been received from the management authority of the school to which the Deputy refers.

My officials are nearing completion of a review of all projects in line with the revised prioritisation criteria that resulted from consultation with the partners. The purpose of the review is to enable and inform a multi-annual approach to the school building programme.

I expect to provide details of this multi-annual programme before the end of the current year.

Special Educational Needs.

Denis Naughten

Question:

394 Mr. Naughten asked the Minister for Education and Science if he will approve resource teacher support for a person (details supplied) in County Roscommon; and if he will make a statement on the matter. [21616/04]

I wish to advise the Deputy that my Department has approved 3.5 hours resource teaching per week for the pupil in question. The school authorities have recently been informed of this decision.

Schools Building Projects.

Denis Naughten

Question:

395 Mr. Naughten asked the Minister for Education and Science , if he will approve an application for funding for an extension to a school (details supplied) in County Galway; and if he will make a statement on the matter. [21619/04]

An application for grant aid towards additional accommodation has been received from the management authority of Creggs national school.

My officials are nearing completion of a review of all projects in line with the revised prioritisation criteria that resulted from consultation with the partners. The purpose of the review is to enable and inform a multi-annual approach to the school building programme.

I expect to provide details of this multi-annual programme before the end of the current year. The application from Creggs national school is being considered in this regard.

Residential Institutions Redress Scheme.

Denis Naughten

Question:

396 Mr. Naughten asked the Minister for Education and Science, further to Parliamentary Question No. 120 of 13 May 2004, when he intends to lay the list of additional institutions before the Houses of the Oireachtas; and if he will make a statement on the matter. [21623/04]

At present 128 institutions are listed on the Schedule to the Residential Institutions Redress Act. The institution referred to by the Deputy is not one of the institutions listed on the Schedule of the Residential Institutions Redress Act 2002. Section 4 of the Act enables additional institutions that are identified as reformatory schools, industrial schools, orphanages, children's homes and special schools, in which children were placed and resident and in respect of which a public body had a regulatory or inspection function, to be added to the Schedule.

My Department has received correspondence from both individuals and survivor groups identifying a number of additional institutions that may be eligible for inclusion in the Schedule. It has been necessary for my Department to establish if in fact the institutions identified to it are eligible for inclusion in the Schedule and this process has proven to be time consuming and is continuing.

However, while inquiries have not yet been completed in respect of all institutions, I can confirm that the Government has recently approved the addition of a further 13 institutions to the Schedule. In accordance with section 4 of the Residential Institutions Redress Act 2002, I am currently making arrangements to have a draft of the order necessary to add these 13 institutions to the Schedule laid before each of the Houses of the Oireachtas in order to seek a resolution of approval.

Schools Building Projects.

Denis Naughten

Question:

397 Mr. Naughten asked the Minister for Education and Science when he will complete a review of schools building projects that will form part of his multi-annual budget; when the review will be published; and if he will make a statement on the matter. [21624/04]

I have previously announced my intention to publish, for the first time ever, a multi-annual school building programme.

My officials are nearing completion of a review of all projects in line with the revised prioritisation criteria that resulted from consultation with the partners. The purpose of the review is to enable and inform a multi-annual approach to the school building programme. I expect to provide details of this multi-annual programme before the end of the current year.

Denis Naughten

Question:

398 Mr. Naughten asked the Minister for Education and Science if, further to the adjournment debate of 22 June 2004 regarding a school in County Roscommon, he has plans to approve the extension to the school in view of the facts raised during the debate; and if he will make a statement on the matter. [21625/04]

My Department's officials are currently reviewing all projects that were not authorised to proceed to construction as part of the 2004 school building programme, including the school referred to by the Deputy, with a view to including them as part of a multi-annual school building programme from 2005. I expect to make further announcements in this regard before the end of the year.

Special Educational Needs.

Denis Naughten

Question:

399 Mr. Naughten asked the Minister for Education and Science if a resource teacher will be approved for a person (details supplied) in County Roscommon in view of an educational psychological report; and if he will make a statement on the matter. [21626/04]

I can confirm that an application for 2.5 hours per week resource teaching support was received for the pupil in question.

The Deputy may be aware that I introduced a new weighted model of resource teacher allocation for pupils with special educational needs who, like the pupil in question, fall within the high-incidence disability categories. It would be expected that the needs of this pupil can be met from within the current resource or learning support teaching allocation available to the school.

Denis Naughten

Question:

400 Mr. Naughten asked the Minister for Education and Science the reason rural disadvantaged schools are only entitled to 50% of the resource teacher allocation to that of urban disadvantaged schools as per Department circular SP-ED 09/04; if he will review this situation; and if he will make a statement on the matter. [21633/04]

The differentiated system of weighted allocation teacher allocation, the details of which are set out in my Department's circular SP-ED 09/04, is intended to recognise the evidence that factors such as socio-economic disadvantage and gender have a bearing on the incidence of special educational needs in schools. The new arrangements take full account of the 350 posts I secured to facilitate their introduction.

I point out also that the supports required by pupils in lower incidence categories of special educational need will continue to be provided on an individual basis.

State Examinations.

Denis Naughten

Question:

401 Mr. Naughten asked the Minister for Education and Science the reason a person (details supplied) in County Roscommon must complete a 12 month home economics project within two months due to the fact that they have to repeat their leaving certificate examination due to illness; the plans he has to resolve this issue; and if he will make a statement on the matter. [21640/04]

On foot of a Government decision, I formally established the State Examinations Commission on 6 March 2003. The commission now has statutory responsibility for operational matters relating to the certificate examinations. Accordingly I have passed the Deputy's query to the chief executive officer of the commission for direct reply.

School Curriculum.

Denis Naughten

Question:

402 Mr. Naughten asked the Minister for Education and Science the reason for the delay in introducing physical education as an examination subject; when this will be put in place; and if he will make a statement on the matter. [21650/04]

Physical education is part of the prescribed curriculum for primary schools. Second level schools should offer a physical education programme based on an approved syllabus with teaching hours registered on the school timetable. The focus of physical education in schools is on the young person's holistic development, stressing personal and social development, physical growth and motor development. Goal setting, within the curriculum, focuses on individual improvement and not on winning or being the best.

At second level, the phasing in of a revised syllabus at junior cycle level for physical education — non-examination — commenced in September 2003. The revised junior cycle physical education syllabus, with its practical focus, provides young people with an opportunity to explore a range of intelligences and represents a balance in what has long been acknowledged as an academically dominated curriculum. The school's physical education programme can help raise educational standards, promote healthy lifestyles, cultivate social responsibility and citizenship, nurture socialisation skills and ultimately help students realise their individual potential.

No timescale for implementation has been decided upon for introduction of physical education as an examination subject.

Special Educational Needs.

Denis Naughten

Question:

403 Mr. Naughten asked the Minister for Education and Science if resource teacher support will be approved for a person (details supplied) in County Roscommon; the reason this support was not approved for the commencement of the school year 2004-05; and if he will make a statement on the matter. [21655/04]

An application for special educational resources for the pupil referred to by the Deputy has been reviewed by my Department.

I wish to inform the Deputy that the application in question did not meet the criteria for resource teaching hours as per my Department's circulars. The application will be reconsidered if additional information on the pupil's special educational needs is received in my Department.

Question No. 404 answered with QuestionNo. 390.

Schools Building Projects.

Dan Neville

Question:

405 Mr. Neville asked the Minister for Education and Science the position with regard to completion of development of a school (details supplied) in County Limerick. [21663/04]

The 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 has a band 1 rating and my Department’s technical staff are currently finalising the stage 2-3 documentation, outline sketch scheme or developed sketch scheme.

My Department's officials are also currently reviewing all projects that were not authorised to proceed to construction as part of the 2004 school building programme, including the school referred to by the Deputy, with a view to including them as part of a multi-annual school building programme from 2005. I expect to make further announcements in this regard before the end of the year.

Schools Refurbishment.

Dan Neville

Question:

406 Mr. Neville asked the Minister for Education and Science when refurbishment work to two classroom extensions will take place for a school (details supplied) in County Limerick. [21664/04]

An application for grant aid towards refurbishment and a two classroom extension has been received from the management authority of the school to which the Deputy refers.

My officials are nearing completion of a review of all projects in line with the revised prioritisation criteria that resulted from consultation with the partners. The purpose of the review is to enable and inform a multi-annual approach to the school building programme.

I expect to provide details of this multi-annual programme before the end of the current year. The application from the school referred to is being considered in this regard.

Special Educational Needs.

Michael Noonan

Question:

407 Mr. Noonan asked the Minister for Education and Science if he will provide full resource hours and a special needs assistant for a person (details supplied) in County Limerick; and if he will make a statement on the matter. [21690/04]

An application for resource teaching support for the pupil referred to by the Deputy has been reviewed by my Department. No application for special needs assistant support was received.

The application submitted did not meet the criteria for resource teaching hours as per my Department's circulars. The case will be reconsidered if additional information on the pupil's teaching or care support needs is received in my Department.

School Placement.

Michael Noonan

Question:

408 Mr. Noonan asked the Minister for Education and Science when a person (details supplied) in County Limerick will be provided with a place in a post-primary school. [21691/04]

The National Educational Welfare Board is aware of the person referred to by the Deputy and is currently working with the family and with schools in Limerick city to secure a placement in a post-primary school.

Special Educational Needs.

Paul McGrath

Question:

409 Mr. P. McGrath asked the Minister for Education and Science if his Department is currently investigating an application from a school for a person (details supplied) in County Westmeath for special needs resources; the progress that has been made with this application in view of the fact that the original application was forwarded 15 months ago and of the very considerable special needs of this person; and when will he authorise the immediate provision of a special needs assistant. [21694/04]

Applications for special needs assistant support and resource teaching support for the pupil referred to by the Deputy were received by my Department.

The application for special needs assistant support does not meet the criteria under the terms of my Department's circular 07/02. The application will be reconsidered if additional information on the pupil's care needs is submitted to my Department.

With regard to teaching support, the Deputy may be aware of the new weighted model of resource teacher allocation for pupils with special educational needs who, like the pupil in question, fall within the high-incidence disability categories.

It would be expected that the needs of the pupil in question can be met from within the current resource or learning support teaching allocation available to the school. The school authorities were notified accordingly.

Career Guidance Counsellors.

Seán Crowe

Question:

410 Mr. Crowe asked the Minister for Education and Science his views on the recommendation submitted by the Institute of Guidance Counsellors to reinstate the former ratio of an ex-quota counsellor to every 250 pupils, as opposed to the current situation where there is an ex-quota counsellor to every 500 pupils. [21697/04]

Under current arrangements, my Department makes a specific ex-quota allocation of teaching posts in respect of guidance to schools in the second level system.

In the case of schools in the free education scheme, the level of allocation ranges from eight hours per week in the case of schools with enrolments below 200 pupils to 44 hours per week, that is, two whole-time posts, in the case of schools with an enrolment of 1,000 pupils or more.

In addition to allocations based on enrolments, 50 whole-time equivalent guidance counselling posts were allocated in the 2001-02 school year under the guidance enhancement initiative. The focus of this initiative was to enhance the provision of guidance to young people at risk, to improve links between schools and the world of work and to improve the take-up of science subjects.

In allocating resources for guidance and counselling under this initiative, my Department set out criteria which targets the resource at those most in need rather than allocating resources on the basis of student to guidance counsellor ratios. The preliminary findings of the review of guidance and counselling carried out by the ESRI confirms that this method of targeting resources for guidance is the best way to reach those students who are disadvantaged.

I have recently announced an extension of the guidance enhancement initiative for a further two years and I have also created an additional 30 guidance posts under this initiative from the commencement of the current school year. This decision reflects the importance I attach to the area of guidance.

Residential Institutions Redress Scheme.

Seán Haughey

Question:

411 Mr. Haughey asked the Minister for Education and Science if he will amend the Residential Institutions Redress Act to ensure that residents of a hospital (details supplied) in Dublin 3 can claim compensation; and if he will make a statement on the matter. [21698/04]

At present 128 institutions are listed on the Schedule to the Residential Institutions Redress Act. Section 4 of the Act enables additional institutions that are identified as reformatory schools, industrial schools, orphanages, children's homes and special schools, in which children were placed and resident and in respect of which a public body had a regulatory or inspection function, to be added to the Schedule.

My Department has received correspondence from both individuals and survivor groups identifying a number of additional institutions that may be eligible for inclusion in the Schedule. Discussions have taken place between my Department and other Departments that may have provided a regulatory or inspection function in the operation of these facilities in order to ascertain whether these institutions are in fact eligible for inclusion.

The Department of Health and Children has been in recent contact with my Department confirming that it did not have a regulatory or inspection function with regard to the institution referred to by the Deputy. Therefore, in the circumstances, it is not possible to consider that institution for inclusion on the Schedule of the Residential Institutions Redress Act 2002.

Special Educational Needs.

Gay Mitchell

Question:

412 Mr. G. Mitchell asked the Minister for Education and Science when a person (details supplied) in Dublin 12 attending a school in Dublin 8 will receive a special needs classroom assistant; and if he will make a statement on the matter. [21720/04]

An application for special needs assistant support, SNA, has been received from Griffith College multi-denominational school for the pupil referred to by the Deputy.

My Department prioritised applications for SNA support for new entrants and decisions on the majority of these were communicated to schools on 12 August. My officials are continuing to communicate with schools in respect of other new entrant cases as additional supporting information is provided.

With regard to SNA support generally, the position is that it has been my intention for some time to carry out an overall review of support levels and deployment in mainstream national schools. Bearing in mind the view expressed by schools that any such review should have regard to the actual situation on the ground, I have decided that the process should involve a visit to each school which has SNA support. Arrangements are being made for this review to commence at an early date and a further communication will issue to schools in this regard. Decisions regarding the appropriate level of SNA support in individual schools, having regard to outstanding applications such as the one referred to by the Deputy, will be based on the outcome of this review. Pending notification of the outcome, schools have been advised by my Department that, if they have surplus SNA capacity, they may retain the excess up to the level of applications made to the Department for which a response is awaited.

John McGuinness

Question:

413 Mr. McGuinness asked the Minister for Education and Science if he will respond to the concerns raised by the board of management of Scoil Chiaráin Naofa, Stoneyford, County Kilkenny, regarding children at the school who have been assessed by NEPS and other child psychologists and who have not received the recommended resource teaching; and his intentions with regard to this issue. [21749/04]

Applications for resource teaching support for pupils with special needs have been received from the school referred to by the Deputy.

The Deputy may be aware that my Department has recently developed a new weighted system for the allocation of teaching supports to pupils with special needs. An additional 350 teacher posts are being provided to facilitate the introduction of the new system. This system will involve general weighted allocation for all primary schools to cater for pupils with higher incidence special educational needs, that is, those with borderline mild and mild general learning disability, specific learning disability and also those with learning support needs. It will also allow for individual allocations in respect of pupils with lower incidence special educational needs.

This new system will allow resources to be speedily allocated to pupils with disabilities on the basis of school based assessment. It is anticipated that the needs of the pupils in the school in question can be accommodated within existing resources.

Schools Refurbishment.

John McGuinness

Question:

414 Mr. McGuinness asked the Minister for Education and Science if he will provide the funding needed to replace the windows which are now a safety hazard at a school (details supplied) in County Kilkenny; the reason sanction has not been given by his Department for this work in view of the fact that it suggested that the work be undertaken in 2001; and if he will make a statement on the matter. [21750/04]

The scope of works required at the school referred to by the Deputy is appropriate for consideration under the summer works scheme. It is open to the school authority to apply for the works under the 2005 summer works scheme, details of which are published on my Department's website at www.education.ie.

Career Guidance Counsellors.

Denis Naughten

Question:

415 Mr. Naughten asked the Minister for Education and Science if he will review the ratio of guidance counsellors in post-primary schools; if he will re-instate the ratio of 1:250; and if he will make a statement on the matter. [21775/04]

Under current arrangements, my Department makes a specific ex-quota allocation of teaching posts in respect of guidance to schools in the second level system.

In the case of schools in the free education scheme, the level of allocation ranges from eight hours per week in the case of schools with enrolments below 200 pupils to 44 hours per week, that is, two whole-time posts, in the case of schools with an enrolment of 1,000 pupils or more.

In addition to allocations based on enrolments, 50 whole-time equivalent guidance counselling posts were allocated in the 2001-02 school year under the guidance enhancement initiative. The focus of this initiative was to enhance the provision of guidance to young people at risk, to improve links between schools and the world of work and to improve the take-up of science subjects.

In allocating resources for guidance and counselling under this initiative, my Department set out criteria which targets the resource at those most in need rather than allocating resources on the basis of student to guidance counsellor ratios. The preliminary findings of the review of guidance and counselling carried out by the ESRI confirms that this method of targeting resources for guidance is the best way to reach those students who are disadvantaged.

I recently announced an extension of the guidance enhancement initiative for a further two years and I have also created an additional 30 guidance posts under this initiative from the commencement of the current school year. This decision reflects the importance I attach to the area of guidance.

Third Level Fees.

Jan O'Sullivan

Question:

416 Ms O’Sullivan asked the Minister for Education and Science the number of third level students from the new EU accession states who are currently studying here and who have to pay non-EU fees due to the fact that their course commenced before accession; if he will grant these students free fee status as and from the accession date; the cost of doing same; and if he will make a statement on the matter. [21777/04]

There were some 126 students from the ten new EU countries in the third level sector in Ireland in the 2002-03 academic year, the latest year for which final figures are available. The majority of these are in the university sector. I do not have full details of the courses on which these students were enrolled and the associated fee costs.

However, assuming a similar number of students are enrolled in the 2004-05 academic year, and taking average fee levels, the direct costs of allowing these students free tuition would be in the region of €350,000. However, the full financial cost to the individual third level institutions could be substantially greater as a result of foregone revenue, depending on the level of fees being paid. It has been estimated that the overall revenue foregone by these institutions could be in the region of €1.5 million per annum initially.

In this regard, the question of whether these students qualify for payment of EU or non-EU level tuition fees is a matter for individual institutions, in line with the Universities Act.

As the Deputy will be aware, all new entrants from the new EU member states in 2004-05 are eligible for consideration under the free fees initiative. Under the initiative, the designation of a student for fee purposes is determined on entry to their course of study and cannot change during the course of their studies. I have no plans at this time to amend this aspect of the free fees initiative criteria.

Career Guidance Counsellors.

Jan O'Sullivan

Question:

417 Ms O’Sullivan asked the Minister for Education and Science if the quota of guidance counsellors to pupils will be restored to 250:1 as requested by the Institute of Guidance Counsellors; and if he will make a statement on the matter. [21778/04]

Under current arrangements, my Department makes a specific ex-quota allocation of teaching posts in respect of guidance to schools in the second level system.

In the case of schools in the free education scheme, the level of allocation ranges from eight hours per week in the case of schools with enrolments below 200 pupils to 44 hours per week, that is, two whole-time posts, in the case of schools with an enrolment of 1,000 pupils or more.

In addition to allocations based on enrolments, 50 whole-time equivalent guidance counselling posts were allocated in the 2001-02 school year under the guidance enhancement initiative. The focus of this initiative was to enhance the provision of guidance to young people at risk, to improve links between schools and the world of work and to improve the take-up of science subjects.

In allocating resources for guidance and counselling under this initiative, my Department set out criteria which targets the resource at those most in need rather than allocating resources on the basis of student to guidance counsellor ratios. The preliminary findings of the review of guidance and counselling carried out by the ESRI confirms that this method of targeting resources for guidance is the best way to reach those students who are disadvantaged.

I recently announced an extension of the guidance enhancement initiative for a further two years and I have also created an additional 30 guidance posts under this initiative from the commencement of the current school year. This decision reflects the importance I attach to the area of guidance.

Teaching Qualifications.

Jan O'Sullivan

Question:

418 Ms O’Sullivan asked the Minister for Education and Science if his attention has been drawn to the fact that many young persons who have graduated from postgraduate programmes retraining them as primary teachers are unable to obtain jobs in the primary school sector; and if he will make a statement on the matter. [21779/04]

Significant numbers of additional teaching posts have been created at primary level in recent years.

The recruitment and appointment of teachers to fill vacancies in an individual primary school is a matter for the board of management of the school concerned. Boards of management must make every effort, including advertising in a national newspaper, to obtain the services of a qualified teacher for appointment to a temporary or permanent post. Unqualified teachers should only be employed in primary schools in exceptional circumstances.

Special Educational Needs.

Jan O'Sullivan

Question:

419 Ms O’Sullivan asked the Minister for Education and Science the number of extra resource teachers employed following his announcement at the INTO conference earlier in 2004 of 350 posts; the details of the breakdown of the geographical locations to which these teachers have been appointed; and if he will make a statement on the matter. [21780/04]

I wish to advise the Deputy that approximately 340 whole-time equivalent posts, made up of part-time hours allocations, have been allocated at this time.

Arrangements are being made to allocate the remaining posts in the near future when the clustering of smaller schools has been completed. The 340 posts have been sanctioned throughout the country to cater for pupils with lower incidence special educational needs. I will not be in a position to indicate the distribution of the assigned teachers until the clustering arrangements have been finalised and the remaining posts have been allocated.

Gay Mitchell

Question:

420 Mr. G. Mitchell asked the Minister for Education and Science if he will reconsider the case of a person (details supplied) in view of a recent court decision. [21781/04]

The application referred to by the Deputy has been reviewed by my Department. Arising from the review, my Department's position remains that satisfactory facilities exist within the State to meet the person's educational needs. In the circumstances, it is not proposed to make funding available for the person in question to attend school abroad. In the other case referred to by the Deputy, my officials advised that no appropriate education provision existed within the State capable of meeting the needs of the individual concerned. For that reason, funding has been provided for a suitable educational placement abroad.

School Services Staff.

Paul Kehoe

Question:

421 Mr. Kehoe asked the Minister for Education and Science the reason for deductions made from the pay increases of salary arrears for a person (details supplied) in County Wexford due to the sick leave; and if he will make a statement on the matter. [21782/04]

The person in question is employed as a primary school caretaker under the 1978-79 scheme. His terms of employment entitle him to 91 days sick leave in a 12 month period of service. Any sick leave in excess of this limit is unpaid and does not qualify for arrears in respect of salary. Following an agreement with SIPTU, a gross pro rata arrears payment in respect of phase 1 of parallel benchmarking effective from 1 December 2001 and the final phase of Programme for Prosperity and Fairness effective from 1 October 2002 issued to caretakers employed under the 1978-79 scheme. The person in question had his actual salary arrears calculated and adjusted to reflect his period of unpaid sick leave.

Paul Kehoe

Question:

422 Mr. Kehoe asked the Minister for Education and Science when he will be sanctioning the salary scale increase for primary school caretakers; and if he will make a statement on the matter. [21783/04]

In the case of the majority of primary schools, the arrangements are that each school receives a grant from my Department for the provision of caretaking and other ancillary services. It is a matter for each school to determine how best to meet its caretaking requirements. My Department has no direct role in the pay and conditions of service of caretakers employed directly by schools under these arrangements.

In the case of the other primary schools' caretakers employed under the 1978-79 scheme are linked for pay purposes to the general operative grade in local authorities. A parallel benchmarking process has recently been concluded for the general operative grade in local authorities which provides for an increase of €70.09 per week subject to increased flexibility and mobility measures. The current national agreement Sustaining Progress provides that 25% of the increase will be paid on ratification of the agreement with the balance to be paid on a phased basis subject to satisfactory implementation of a modernisation agenda, co-operation with flexibility and ongoing change, absence of industrial action and maintenance of stable industrial relations. Payment is dependent on verification of satisfactory achievement of these provisions by the performance verification groups established in each sector.

The first phase of the increase has been paid to caretakers employed in these primary schools following ratification of the agreement. Payment of the next phase of 50% is dependent on verification by the education sector performance verification group of progress made on the modernisation agenda agreed for the grade. The education sector performance verification group has approved the action plan for the schools concerned and has sought a progress report by 28 October when it will then consider the progress made.

Schools Building Projects.

Paul Connaughton

Question:

423 Mr. Connaughton asked the Minister for Education and Science when he proposes to make grant aid available to extend a school (details supplied) in County Galway with the addition of a classroom, computer room, learning support room and principal’s office; and if he will make a statement on the matter. [21791/04]

An application for grant-aid towards additional accommodation has been received from the management authority of the school to which the Deputy refers. My officials are nearing completion of a review of all projects in line with the revised prioritisation criteria that resulted from consultation with the partners. The purpose of the review is to enable and inform a multi-annual approach to the school building programme. I expect to provide details of this multi-annual programme before the end of the year. The application from the school referred to will be considered in this regard.

Special Educational Needs.

John McGuinness

Question:

424 Mr. McGuinness asked the Minister for Education and Science the school and home support which has been put in place for a person (details supplied) in County Carlow; if a full assessment of this person has been completed; if all of the recommendations from that assessment have been acted upon. [21793/04]

A detailed assessment report on this pupil has been supplied to my Department, together with an application from his school for additional resources in respect of specific learning disability. However, the test scores reported on did not meet the criteria specified by my Department and, therefore, additional individual resource hours have not been granted. The school was notified of this outcome in June 2004. However, the Deputy may be aware that my Department has developed a revised system for the allocation of teaching supports to pupils with special needs. An additional 350 teacher posts are being provided to facilitate the introduction of this system. The revised system will involve a general weighted allocation for all primary schools to cater for pupils with higher incidence special educational needs, including those with specific learning disability and also those with learning support needs. The school attended by this pupil will, therefore, be in a position to cater for his needs from within this weighted allocation.

Weight of Schoolbags.

Brian O'Shea

Question:

425 Mr. O’Shea asked the Minister for Education and Science his proposals to urgently introduce a maximum weight for school bags in line with the recommendations of a report (details supplied); and if he will make a statement on the matter. [21800/04]

A working group was set up in autumn 1997 to examine the potential problems caused by the weight of heavy school bags. The terms of reference of the working group were to consider the issue of heavy school bags and, in particular, the extent of the problem, the factors that contribute to the problem and possible implications of the problem, particularly for the health of pupils. The group was also asked to formulate proposals to alleviate problems associated with the weight of schoolbags. The group presented its report in July 1998. The report acknowledged that many of the solutions belong at local school level and one of the main recommendations related to the need to heighten the awareness of the potential health hazards posed by excessively heavy schoolbags.

My Department initiated an awareness raising campaign at primary and post-primary levels in this regard by disseminating the report, with an accompanying circular, to all primary and post primary schools. Furthermore, information leaflets and posters were also distributed to all schools, highlighting the potential health hazard of heavy schoolbags and outlining a range of local measures that could be adopted in order to alleviate the problem. It is a matter for each school to choose the measures most suited to its needs.

Positive action has been taken by many schools. Actions taken by some schools at second level consist of a range of measures, including the provision of lockers, the arrangement of the timetable into double class periods, active liaison with parents and the co-ordination of homework by subject teachers.

Special Educational Needs.

Richard Bruton

Question:

426 Mr. R. Bruton asked the Minister for Education and Science the way in which learning support teachers are allocated to schools on the basis of assessments of the level of need; the systems which are in place to ensure schools which run successful learning support programmes are not penalised for their success by receiving reduced access to new learning support resources becoming available; and if he will make a statement on the matter. [21801/04]

A new system for allocating learning support teachers to primary schools, set out in my Department's circular SP ED 09/04, will involve a general weighted allocation to each school to cater for pupils with higher incidence special educational needs, that is, borderline mild and mild general learning disability and specific learning disability, and those with learning support needs, that is, functioning at or below the 10th percentile on a standardised test of reading and-or mathematics. The new system will also continue with the existing arrangement allowing for individual allocations of teacher support for of pupils with lower-incidence special educational needs. Being enrolment-based, the weighted system will provide an assured level of learning support to all schools.

School Accommodation.

Bernard J. Durkan

Question:

427 Mr. Durkan asked the Minister for Education and Science if and when funding will be offered to a school (details supplied) in County Kildare to enable it to purchase portakabins to relocate students being accommodated in the physical education hall to said portakabins and reconvert this area back to the school’s physical education hall; and if he will make a statement on the matter. [21805/04]

All applications for temporary accommodation in 2004 have been considered by the school planning section of my Department. 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 need for additional accommodation at the school referred to by the Deputy is, however, being considered in the context of a review which is being undertaken of all projects that did not proceed 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. I expect to provide details of this multi-annual programme before the end of the year.

Legislative Programme.

John Gormley

Question:

428 Mr. Gormley asked the Minister for Education and Science the number of Bills that have been drafted outside the Office of the Attorney General by solicitors since the general election of 2002; the cost to date of the outsourcing of the drafting of legislation; if legislation has had to be corrected subsequently in many cases; the Bills which are currently being drafted by firms of solicitors; the legislation he intends to outsource this term; and if he will make a statement on the matter. [21827/04]

It is not generally the practice within my Department to use outside assistance to prepare the heads of legislation. Since 2000, the Department has engaged an outside person to prepare legislation in only one instance. That related to the drafting of a set of regulations to give effect to an EU Directive. The person chosen was drawn from a panel of barristers approved by the Office of the Attorney General and was paid a fee of €5,700. Those regulations have not been amended or revoked. There are no pieces of primary or secondary education legislation being prepared or proposed to be prepared otherwise than by my officials and the Office of the Attorney General.

Question No. 429 answered with QuestionNo. 358.

Departmental Correspondence.

Pat Breen

Question:

430 Mr. P. Breen asked the Minister for Education and Science the reason correspondence sent by a person (details supplied) in County Clare to the Office of the Minister of State at his Department was not replied to; and if he will make a statement on the matter. [21857/04]

The case referred to by the Deputy in the details supplied has been under review in my Department. I will arrange to have a reply issued to the Deputy, as soon as possible.

Pat Breen

Question:

431 Mr. P. Breen asked the Minister for Education and Science the reason correspondence (details supplied) sent to his Department was not replied to; and if he will make a statement on the matter. [21858/04]

I will arrange for a reply to issue to the Deputy, as soon as possible.

Schools Building Projects.

Olwyn Enright

Question:

432 Ms Enright asked the Minister for Education and Science further to Parliamentary Question No. 148 of 2 June 2004 the progress which has been made regarding a school (details supplied) in County Dublin; and if he will make a statement on the matter. [21873/04]

The 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 has a band 2 rating and is at stage 3 developed sketch scheme of architectural planning. My Department’s technical staff are currently examining the stage 3 submission. The school authorities will be kept advised of developments.

My Department's officials are also currently reviewing all projects that were not authorised to proceed to construction as part of the 2004 school building programme including the school in question with a view to including them as part of a multi-annual school building programme from 2005. I expect to make further announcements in this regard before the end of the year.

Olwyn Enright

Question:

433 Ms Enright asked the Minister for Education and Science the position in regard to an application from a school (details supplied) in County Offaly for funding to erect a general-purpose hall to enable the teachers to implement the curriculum; and if he will make a statement on the matter. [21874/04]

I have previously announced my intention to publish, for the first time, a multi-annual school building programme. My officials are nearing completion of a review of all projects in line with the revised prioritisation criteria that resulted from consultation with the partners. The purpose of the review is to enable and inform a multi-annual approach to the school building programme. I expect to provide details of this multi-annual programme before the end of the year.

Olwyn Enright

Question:

434 Ms Enright asked the Minister for Education and Science if his attention has been drawn to the situation at a school (details supplied) in County Laois; when he expects that this amalgamated school will be facilitated with a new building; and if he will make a statement on the matter. [21875/04]

I have previously announced my intention to publish, for the first time, a multi-annual school building programme. My officials are nearing completion of a review of all projects in line with the revised prioritisation criteria that resulted from consultation with the partners. The purpose of the review is to enable and inform a multi-annual approach to the school building programme. I expect to be providing details of this multi-annual programme before the end of the year.

School Enrolments.

John McGuinness

Question:

435 Mr. McGuinness asked the Minister for Education and Science the action which has been taken by his Department to provide full-time education for a person (details supplied) in County Kilkenny; and if this person will be accepted by Scoil Aireagail (VEC), Ballyhale, Kilkenny. [21883/04]

Section 29 of the Education Act 1998, provides parents with an appeal process to the Secretary General of my Department, where a board of management of a school or a person acting on behalf of the board refuses enrolment of a student. Where an appeal under section 29 is upheld, the Secretary General of my Department may direct a school to enrol a pupil. In the case of a school established or maintained by a vocational education committee, an appeal against the decision of the board of management of the school is made, in the first instance, to the vocational education committee. I understand an appeal under section 29 was made to County Kilkenny VEC and that this appeal was not upheld. The parents were advised by the VEC that, as the appeal to the VEC was not upheld, they had an entitlement to further their appeal to the Secretary General of my Department. However, no such appeal was received by my Department. The National Educational Welfare Board is aware of the person referred to by the Deputy and a placement has been secured for him in the Kilkenny individual learning programme.

Special Educational Needs.

Emmet Stagg

Question:

436 Mr. Stagg asked the Minister for Education and Science the reason for the delay in sanctioning a special needs assistant for a person (details supplied) in County Kildare; and if he will make a statement on the matter. [21884/04]

I am pleased to inform the Deputy that, following a review, my Department has approved a special needs assistant for 23.3 hours per week to support the pupil in question. The school authorities have been informed of this decision.

Pupil-Teacher Ratio.

Pádraic McCormack

Question:

437 Mr. McCormack asked the Minister for Education and Science his plans on the staffing schedule for primary schools from 2005-06; if he has plans to lower considerably class sizes; and if he will make a statement on the matter. [21885/04]

Significant improvements have been made in the pupil-teacher ratio at primary level in recent years. The ratio has fallen from 22.2:1 in the 1996-97 school year to 17.44:1 in the 2003-04 school year. Arising from these improvements, class sizes have reduced in the same period. I am committed to reducing class sizes still further. This, however, can only be done on a phased basis having regard to available resources and subject to spending priorities within the education sector. Priority will be given to pupils with special needs and those from disadvantaged areas. I have requested my Department's inspectorate to monitor the deployment of staff and class sizes, and where necessary, to discuss with school authorities the basis on which school policy decisions in this regard have been made and to report to my Department, where appropriate.

Residential Institutions Redress Scheme.

Pádraic McCormack

Question:

438 Mr. McCormack asked the Minister for Education and Science the situation regarding a school (details supplied) in County Dublin; if this school has been covered by the Residential Institutions Redress Board Act 2002; if not, if he proposes to have this school included under the said Act; and if he will make a statement on the matter. [21886/04]

Jan O'Sullivan

Question:

604 Ms O’Sullivan asked the Minister for Education and Science if he has finalised the list of institutions to be added to the schedule under the terms of the Residential Institutions Redress Act 2002; if he will include a school (details supplied) in County Dublin in view of the fact that some of its students were boarders; and if he will make a statement on the matter. [22821/04]

I propose to take Questions Nos. 438 and 604 together.

A total of 128 institutions are listed on the Schedule to the Residential Institutions Redress Act. The institution referred to by the Deputies is not one of those institutions. Section 4 of the Act enables additional institutions that are identified as reformatory schools, industrial schools, orphanages, children's homes and special schools, in which children were placed and resident and in respect of which a public body had a regulatory or inspection function, to be added to the Schedule.

My Department has requested the Department of Health and Children to ascertain if a public body had a regulatory or inspection function in relation to the institutions referred to by the Deputies, as required under section 4 of the Residential Institutions Redress Act 2002. As no confirmation has been received to date, it would not be possible to consider including this institution in any revised Schedule of the Act at this time.

I can confirm, however, that the Government has recently approved the addition of a further 13 institutions to the Schedule. In accordance with the provisions of the Residential Institutions Redress Act 2002, I am making arrangements to have a draft of the order necessary to add these 13 institutions to the Schedule laid before each of the Houses of the Oireachtas to seek a resolution of approval.

Question No. 439 answered with QuestionNo. 385.

Institutes of Technology.

Olwyn Enright

Question:

440 Ms Enright asked the Minister for Education and Science the amount allocated to each institute of technology in the State from his Department for each year since 1997; and if he will make a statement on the matter. [21888/04]

Details of capital and recurrent funding to each institute of technology since 1997 are set out in the attached documents.

Higher Education Grants.

David Stanton

Question:

441 Mr. Stanton asked the Minister for Education and Science the amount allocated by his Department towards the third level grant scheme for each year since 1997; the number of grant schemes being funded by his Department and the manner in which they operate; and if he will make a statement on the matter. [21889/04]

Expenditure in respect of my Department's four student maintenance grant schemes for the past seven years since 1997 and the allocations for 2004 are outlined in tabular form for the Deputy's information. With regard to the allocation for the higher education grants scheme in 1997, two factors contributed to a substantially higher allocation than in subsequent years — up to 1997, local authorities recouped payments in respect of the scheme one year in arrears. A Supplementary Estimate was provided in 1997 to change to a system of recoupment on a current year basis; and the free fees initiative was introduced on a phased basis in 1995-96. From 1996-97 full undergraduate tuition fees were payable in respect of eligible students. Students who received grant assistance towards tuition fees under the higher education grant scheme prior to the introduction of free fees continued under this arrangement for the duration of their undergraduate course.

The figures for 2004 represent the allocations provided in the 2004 Estimates, whereas the data for 1997-2003 represents expenditure. My Department funds three student maintenance grant schemes for third level study — the higher education grants scheme; the vocational education committees' scholarships scheme; and the third level maintenance grants scheme for trainees — and one maintenance grant scheme in respect of further education — the maintenance grants scheme for students attending post leaving certificate courses.

The higher education grants scheme is administered by the local authorities under the aegis of my Department. The other three schemes are administered by the vocational education committees under the aegis of my Department. Generally, students who are entering approved courses at undergraduate or postgraduate level for the first time are eligible for maintenance grants where they satisfy the prescribed conditions, including those relating to age, residence, means, nationality and previous academic attainment.

The awarding bodies — local authorities and VECs — assess candidates' eligibility with reference to the terms and conditions prescribed in my Department's schemes and award grant assistance where appropriate.

The expenditure for the four maintenance grant schemes since 1997, and the allocations for 2004, are outlined in tabular form below.

Scheme

1997

1998

1999

2000

2001

2002

2003

2004

€000

€000

€000

€000

€000

€000

€000

€000

Higher Education Grants

164,682

51,296

60,509

63,577

60,179

67,598

78,954

95,620 Allocation

VEC Scholarships

14,425

12,238

13,592

12,987

13,532

16,934

20,586

24,900 Allocation

Third Level Maintenance Grants Scheme for Trainees

24,302

27,128

24,783

28,292

26,343

28,625

29,259

34,000 Allocation

Maintenance Grants for Students Attending PLC Courses

N/A (PLC Scheme was introduced in 1998/99)

6,984

5,950

9,940

11,472

12,027

13,187

15,233 Allocation

School Staffing.

Michael Ring

Question:

442 Mr. Ring asked the Minister for Education and Science the amount his Department paid out as a result of the Rights Commissioner ordering it to pay 83% of the full-time rate and back money to part-time special needs assistants. [21893/04]

The Rights Commissioner recommended that my Department issue payment amounting to 83% of the full rate of salary to a part-time special needs assistant for work which she undertook in an infants class. Payment has issued in this case but I am not in a position to give details of the amount the person received, as it is of a confidential nature.

Arising from the Rights Commissioner's recommendation, my Department decided to pay part-time special needs-assistants 83% of the full rate of salary if they are working in an infants class for the full duration of the infant school day. My Department will issue a circular to schools in the near future outlining the details of revised arrangements for the payment of part-time special needs assistants. To enable my Department process applications, the school managerial authority must verify that the special needs assistant is working in an infant's class for the full duration of the infant school day.

The amount varies in each case but a special needs assistant working for 23 hours and 20 minutes per week while on the first point of the current salary scale would receive an additional gross payment of €39 per week.

Michael Ring

Question:

443 Mr. Ring asked the Minister for Education and Science when a person (details supplied) in County Mayo will be approved incremental credit as a special needs assistant based on their previous experience. [21894/04]

The matter is being examined in my Department and my officials will revert to the person in question at the earliest date.

Michael Ring

Question:

444 Mr. Ring asked the Minister for Education and Science when the assessment of the visiting teacher service for visually impaired children provided by his Department will be complete; when the vacant position in County Mayo will be filled; if the position will be advertised externally; and if he will make a statement on the matter. [21895/04]

My Department is currently assessing the role of the visiting teacher service in the context of the level and range of teacher supports now being provided for children with special educational needs. I expect the review will be completed within the current school term. A decision on the filling of vacancies, including the vacancy in County Mayo, to which the Deputy refers, will be based on the outcome of the review. Vacancies in the visiting teacher service are initially offered to visiting teachers in other regions who may wish to transfer to the location where the vacancy exists. If no serving visiting teacher expresses an interest in the position, it is then advertised nationally.

School Staffing.

Michael Ring

Question:

445 Mr. Ring asked the Minister for Education and Science the reason a position for a qualified teacher in a primary school (details supplied) in County Mayo was advertised but was not subsequently filled. [21896/04]

The question of rationalisation involving this school is currently under consideration by my Department. Accordingly the post of principal could only be filled in a temporary capacity. In the circumstances, and as an entirely exceptional matter, my Department acceded to a request from the board of management to allow the teacher, who had been in the post for the 2003-04 school year, continue in the post for the 2004-05 school year.

Schools Building Projects.

Michael Ring

Question:

446 Mr. Ring asked the Minister for Education and Science the position regarding a school (details supplied) in County Mayo; the stage it is at; if the asbestos was removed from this school during the summer months of 2004; and if so, the cost of removing same. [21897/04]

The 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 has a band 3 rating and is at stage 4-5, detail design-bill of quantities, of architectural planning. My Department’s officials are reviewing all projects that were not authorised to proceed to construction as part of the 2004 school building programme, including this school, with a view to including them as part of a multi-annual school building programme from 2005. I expect to make a further announcement in this regard before the end of the year. Asbestos remediation works were carried out at this school during the summer as scheduled. The cost for the removal, including supervision, air monitoring and reinstatement works was €63,576.

Special Educational Needs.

Denis Naughten

Question:

447 Mr. Naughten asked the Minister for Education and Science the reason for the delay in informing parents of their allocation of hours for home tuition; if such support will be approved for a person (details supplied) in County Roscommon; the number of hours that will be approved. [21898/04]

Ten hours per week home tuition until the end of December 2004 has been sanctioned for the child in question. This decision has been conveyed to the child's parents.

Early School Leavers.

Finian McGrath

Question:

448 Mr. F. McGrath asked the Minister for Education and Science the number of 12 to 13 year old children who did not transfer from primary to second level education and who are out of school at the moment. [21899/04]

My Department does not collate data on the number of pupils who do not transfer from primary to second level. The latest information, published in the NESF report on early school leaving, 2002, estimated that between 700 and 1,000 primary school pupils do not make the transition to second level. My Department is working on the development of the first phase of a comprehensive primary pupil database, which will facilitate the collation of comprehensive data on transfer rates from primary to second level in the future. My Department operates a number of programmes which assist primary school students in making the transition to second level. These include the home school community liaison scheme and the school completion programme. I have allocated approximately €40 million to support these programmes in 2004.

The National Educational Welfare Board was established under the Education (Welfare) Act 2000 as the single national body with responsibility for school attendance. The Act provides a comprehensive framework promoting regular school attendance and tackling the problems of absenteeism and early school leaving. The board is developing a nationwide service to provide welfare-focused services to children, families and schools to discharge its responsibilities.

The aim of the NEWB currently is to provide a service to the most disadvantaged areas, including areas designated under the Government's RAPID programme and most at-risk groups. Five regional teams are in place and an intensive service is provided in Dublin, Cork, Limerick, Waterford and Galway and in 13 regional towns with significant school-going populations — Dundalk, Drogheda, Navan, Athlone, Carlow, Kilkenny, Wexford, Bray, Clonmel, Tralee, Ennis, Sligo and Letterkenny — 12 of which are designated under the Government's RAPID programme. In addition, the board follows up on urgent cases nationally, that is, where a child has no school place or he or she has been absent for 60 days or more or where there is a care or a court dimension.

Under section 21 of the Education (Welfare) Act 2000, primary and post-primary schools are required to submit a report each year on the levels of attendance to the National Educational Welfare Board. Reports have been received from most schools for 2003-04 and the analysis of these is under way. Preliminary findings indicate that the average attendance at primary level was 93.5% with 12 days absence on average for each pupil. The corresponding figures were 91.3% and 15 days absence at post-primary level. The findings also indicate that absences over 20 days by pupils were 11% and almost 19% at primary and post-primary level respectively. The data collected from this analysis will assist the board in keeping the level of need for the new service in particular areas under review.

Higher Education Grants.

Paul McGrath

Question:

449 Mr. P. McGrath asked the Minister for Education and Science the reason a person (details supplied) in County Westmeath is not entitled to a top-up grant for their college studies based on the fact that they are in receipt of an independent mature student’s grant and have no other form of income. [21932/04]

The report of the action group on access to third level education made detailed recommendations concerning the introduction of special rates of maintenance grants for disadvantaged students, usually referred to as top-up grants. To qualify for the special rate of maintenance grant a candidate must meet a number of conditions, one of which is that he or she must already qualify for one of my Department's ordinary maintenance grants. My Department funds three means-tested maintenance grant schemes for third level education students in respect of attendance on approved courses in approved third level institutions and one grant scheme in respect of post leaving certificate courses — the higher education grants scheme; the vocational education committees' scholarship scheme; the third level maintenance grants scheme for trainees; and the maintenance grants scheme for students attending post leaving certificate, PLC, courses.

Where a student is already in receipt of a grant under one of these schemes, he or she may apply to the relevant local authority or VEC for the special rate of grant. Decisions on applications are taken by these bodies, based on the conditions and terms issued by my Department. These bodies do not refer individual applications to my Department except, in exceptional cases, where, for example, advice or instruction regarding a particular condition is desired. No such advice or instruction has, to date, been sought in the case of the student referred to by the Deputy.

If an individual applicant considers that he or she has been unjustly refused the special rate of maintenance grant, he or she may appeal to the relevant local authority or VEC. Where an individual applicant has had an appeal turned down, in writing, by the relevant local authority or VEC, and remains of the view that the body has not interpreted the conditions correctly in his or her case, a letter outlining the position may be sent to my Department. No appeal has been received in the student support unit of my Department from the student referred to by the Deputy. Alternatively, the local authority or VEC may, in exceptional circumstances, seek clarification on issues from my Department. It is not open to me, or my Department, to depart from the terms of the schemes in individual cases.

School Enrolments.

Pat Carey

Question:

450 Mr. Carey asked the Minister for Education and Science if a person (details supplied) in Dublin 11 will automatically transfer, next year, from primary to second level in their current school; and if he will make a statement on the matter. [21933/04]

The enrolment of pupils is a matter in the first instance for schools, parents and guardians. Where a pupil enrols in a post-primary school and requires additional resources to cater for his/her special educational needs, it is open to the school authority concerned to apply for these additional resources to my Department. Any such application will be considered in full.

Special Educational Needs.

Richard Bruton

Question:

451 Mr. R. Bruton asked the Minister for Education and Science the reason a person (details supplied) in Dublin 9 has lost access to special education resources which they previously enjoyed; if his attention has been drawn to the fact that this loss will adversely affect this person’s progress; the system of appeal which he has in place to allow parents challenge this decision; and if he will make a statement on the matter. [21964/04]

An application for special educational resources for the pupil referred to by the Deputy was reviewed by my Department. The application did not meet the criteria for either resource teaching hours or for special needs assistant support in accordance with my Department's circulars. The application will be reconsidered if additional information in relation to the pupil's teaching or care support needs is received in my Department.

Richard Bruton

Question:

452 Mr. R. Bruton asked the Minister for Education and Science the number of children with special education needs who have made application to his Department for additional resource teaching or classroom assistants; the number of these children for whom an allocation of additional resource has been made; the aggregate amount of additional resource granted to these children; and the number of children who continue to await a decision from his Department. [21965/04]

The special education section of my Department received 5,856 applications for resource teaching and special needs assistant support since 1 September 2003. A total of 1,200 applications for resource teaching support, amounting to 215 wholetime equivalent teacher posts, and 452 applications for special needs assistant support, amounting to approximately 284 wholetime equivalent SNA posts, have been sanctioned. All applications in respect of resource teaching hours received by the closing date of 30 June 2004 have been processed and, where the application satisfied the relevant Department circulars, the resources were granted. Applications received since the 30 June 2004 closing date in respect of new entrant pupils continue to be processed. My Department prioritised applications for SNA support for new entrants and decisions on the majority of these were communicated to schools on 12 August 2004. My officials are continuing to communicate with schools in respect of other new entrant cases as additional supporting information is provided.

With regard to SNA support for the 1,155 non-new entrant pupils for whom schools are awaiting a response, it has been my intention for some time to carry out a general review of support levels and deployment in mainstream national schools. Bearing in mind the view expressed by schools that any such review should have regard to the actual situation on the ground, I have decided that the process should involve a visit to each school which has SNA support. Arrangements are being made for this review to commence at an early date and a further communication will issue to schools in this regard. Decisions regarding the appropriate level of SNA support in individual schools will be based on the outcome of this review. Pending notification of the outcome, schools have been advised by my Department that, if they have surplus SNA capacity, they may retain the excess up to the level of applications made to the Department for which a response is awaited.

Richard Bruton

Question:

453 Mr. R. Bruton asked the Minister for Education and Science if he will report on the findings and recommendations of the audit of special need resources; the changes in policy which have been introduced by his Department to the system for allocating additional assistance to children with special needs; and if he will outline the appeal mechanism for children who believe they have been adversely affected by changes in policy in his Department. [21966/04]

As part of its evaluative role, my Department's inspectorate conducted a sample survey in late 2002 of 25 primary schools which had been allocated resource teacher and special needs assistant support. The objective of the review was to provide a detailed account of the additional allocation of resources for pupils with special educational needs with particular reference to the terms of the relevant Departmental circulars. The report expressed concern at the higher than expected incidence of significant disability identified in the survey, although it emphasised the need for caution in drawing firm conclusions because of the small sample involved. It also noted that increased access to psychological assessment services in recent years had led to increased numbers of pupils in mainstream schools being identified as having special needs. Nonetheless, the report expressed concern that the greater availability of resources in recent years may also have led to significant overidentification of special needs in schools and that such overidentification had serious long-term implications for the future funding and development of special education services.

Arising from the findings in the report, subsequent applications for special educational resources have been subject to individual verification. 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. The new system will involve a general weighted allocation for all primary schools to cater for pupils with higher-incidence special educational needs, such as borderline mild and mild general learning disability and specific learning disability, dyslexia, and those with learning support needs. It will also allow for individual allocations in respect of pupils with lower incidence special educational needs.

The weighted allocation will be made as follows: in the most disadvantaged schools, as per the urban dimension of Giving Children an Even Break, a teacher of pupils with special educational needs will be allocated for every 80 pupils to cater for the subset of pupils with higher incidence special needs; in all boys schools, the ratio will be one teacher for every 140 pupils; in mixed schools, or all girls schools with an enrolment of greater than 30% boys, one for every 150 pupils; and in all girls schools, including schools with mixed junior classes but with 30% or less boys overall, one for every 200 pupils. In addition, all schools will be able to apply for separate specific allocations in respect of pupils with lower-incidence disabilities.

Unsuccessful applications in respect of pupils with lower-incidence disabilities will be reconsidered if additional information on the pupil's teaching needs are received in my Department.

Schools Building Projects.

Olivia Mitchell

Question:

454 Ms O. Mitchell asked the Minister for Education and Science if he will report on the status and progress of the new national primary school in the Sandyford parish to service the expanding Stepaside-Leopardstown population. [21967/04]

The school to which the Deputy refers was granted provisional recognition to commence operation on 1 September 2004. However, in August, the promoter of the school informed my Department that the school was not opening because a sufficient number of pupils did not present.

Special Educational Needs.

Richard Bruton

Question:

455 Mr. R. Bruton asked the Minister for Education and Science the status of plans to have a second level class for students with Asperger’s syndrome at a school (details supplied) in Dublin 3; and if he will make a statement on the matter. [21969/04]

The development of a second level programme for children with Asperger's syndrome on the Dublin north side of the city and the issue of a long-term facility is still under consideration within my Department. It is anticipated that proposals will shortly be finalised to allow for a unit to be operational from the commencement of the 2005-06 school year.

School Access Programmes.

Richard Bruton

Question:

456 Mr. R. Bruton asked the Minister for Education and Science his strategy in relation to a school (details supplied); if his attention has been drawn to the very successful access programmes that have been developed by this school assisting pupils with educational disadvantage to progress to third level and the significant loss that the closure of the school will impose on the community; and if he will make a statement on the matter. [21970/04]

A decision has been taken by the trustees of Greendale Community School that the school will close in June 2007. Given the pattern of falling enrolments at the school, together with surplus capacity in the general area, my Department concurs with the trustees' decision. My Department's main role in a school closure is to ensure that the best interests of the pupils are looked after in the period up to the closure and that alternative provision is available to accommodate the pupils who would have ordinarily attended Greendale Community School.

Dyslexia Association.

Richard Bruton

Question:

457 Mr. R. Bruton asked the Minister for Education and Science if his attention has been drawn to the substantial increase in the cost of workshops organised for children with dyslexia; if he will consider increasing the grant to the Dyslexia Association in order to prevent parents from being forced to give up these workshops due to excessive cost; and if he will make a statement on the matter. [21971/04]

My Department has received representations from certain branches of the Dyslexia Association of Ireland expressing concern at the escalating costs of running workshops.

The position is that annual funding of €63,500 has been provided by my Department to the Dyslexia Association of Ireland since 1999. This funding has helped the association to operate an information service for members and the public. In addition, it has assisted in meeting the costs associated with the attendance of some children from disadvantaged backgrounds at workshops and programmes organised by the association. No decision on the provision of further funding has as yet been taken.

Special Educational Needs.

Richard Bruton

Question:

458 Mr. R. Bruton asked the Minister for Education and Science if the new policy which his Department has introduced in relation to support for special education needs is moving away from the concept of educational resources being linked to the specific needs identified in respect of each individual child; if this change in policy conflicts with the obligations set out in the various Education Acts requiring that the individual education needs of a child be the determining factor in deciding the support to be made available; and if he will make a statement on the matter. [21972/04]

The new system to which the Deputy refers will involve a general weighted allocation of teaching support to all primary schools to cater for pupils with higher-incidence special educational needs, that is, borderline mild and mild general learning disability and specific learning disability, and those with learning support needs, that is, functioning at or below the 10th percentile on a standardised test of reading and-or mathematics. It will also allow for individual allocations in respect of pupils with lower-incidence special educational needs.

The weighted allocation will be made as follows: in the most disadvantaged schools — as per the urban dimension of Giving Children an Even Break — a teacher of pupils with special educational needs will be allocated for every 80 pupils to cater for the subset of pupils with higher incidence special needs; in all boys schools, the ratio will be one teacher for every 140 pupils; in mixed schools, or all girls schools with an enrolment of greater than 30% boys, one for every 150 pupils; and in all girls schools, including schools with mixed junior classes but with 30% or less boys overall, one for every 200 pupils.

In addition, all schools will be able to apply for separate specific allocations in respect of pupils with lower incidence disabilities. The revised system will allow schools to allocate resources in response to the specific needs of each individual child from within the resources automatically allocated to the school, while allowing for additional teaching hours to be sought in respect of pupils with lower incidence special educational needs.

Applications for special needs assistant support will continue to be made on an individual basis in accordance with Department circulars 07/02. The needs of the individual pupil remain an integral part of the weighted model, while at the same time the new arrangements give greater flexibility to schools to allocate sanctioned resources in an effective and efficient manner. They also reduce the level of communication required between schools, my Department and the National Educational Psychological Service, since resources are allocated automatically in respect of higher-incidence disabilities. On the basis outlined, I believe the weighted model is fully consistent with all relevant legislation.

Denis Naughten

Question:

459 Mr. Naughten asked the Minister for Education and Science when a decision will be made on an application by a person (details supplied) in County Roscommon for resource support; the reason for the delay; and if he will make a statement on the matter. [21973/04]

I wish to advise the Deputy that my Department has approved three hours resource teaching per week for the pupil in question. The school authorities have been informed of this decision.

Freedom of Information.

Olwyn Enright

Question:

460 Ms Enright asked the Minister for Education and Science if the remit of the Freedom of Information Acts 1997 and 2003 will be expanded to include HETAC; the reason HETAC has not yet been brought under the remit of the Acts; and if he will make a statement on the matter. [21974/04]

The Government will in the very near future be actively considering the extension of the Freedom of Information Acts to a number of additional State bodies including a number of bodies under the aegis of the Department of Education and Science. Among those bodies being considered for inclusion will be the Higher Education and Training Awards Council, HETAC.

Given the very large number of bodies in the public sector — in all there are over 600 bodies — the extension of the Freedom of Information Acts must of necessity be carried out on a phased basis, having regard to training needs and the logistics involved in meeting fully the Act's requirements.

Schools Building Projects.

Fergus O'Dowd

Question:

461 Mr. O’Dowd asked the Minister for Education and Science the progress to date on the application for an extension to a school (details supplied) in County Louth; and if he will make a statement on the matter. [21975/04]

I have previously announced my intention to publish, for the first time ever, a multi-annual school building programme. My officials are nearing completion of a review of all projects in line with the revised prioritisation criteria that resulted from consultation with the partners. The purpose of the review is to enable and inform a multi-annual approach to the school building programme. I expect to be providing details of this multi-annual programme before the end of the current year.

Michael Ring

Question:

462 Mr. Ring asked the Minister for Education and Science the position regarding the review of the catchment area for a proposed new school (details supplied) in County Mayo; when the review commenced; the work which has been done on the review; the number of meetings which have taken place; the information his Department has on this issue; and if details of the information will be provided to this Deputy. [21983/04]

Earlier this year I introduced a new planning model for educational infrastructure to ensure that, in future, school provision will be decided only after a transparent consultation process. In this regard, trustees, parents, sponsors of prospective schools and all interested parties from a locality will have the opportunity to have their voices heard in the process.

The main feature of the new model, being introduced initially on a pilot basis in five specific areas, is the publication of an area development plan which will set out a blueprint for education infrastructure in the particular area into the future. The components of the draft area development plan are as follows: details of existing primary and post-primary provision; examination of the demographics of the area; commentary on the data; and recommendations for the area into the future.

Following publication of each draft area development plan, the Commission on School Accommodation will conduct a public engagement process to which all interested parties can make submissions. All of these submissions will be published. The process in each case will culminate in the publication of a final area development plan against which all capital funding decisions will be made over the next decade.

The location of the proposed new school to which the Deputy refers forms part of one of the pilot area development plans and the proposal is being considered through the process outlined above.

Special Educational Needs.

Michael Ring

Question:

463 Mr. Ring asked the Minister for Education and Science the reason the educational support provided to a person (details supplied) in County Mayo during their primary school years has ceased on their commencement of secondary school; and if this case will be reconsidered and adequate support given to this person. [22012/04]

My Department allocates resource teaching support and special needs assistant support to second level schools and vocational Educational Committees to cater for pupils with special educational needs. Applications for such support are made to my Department by the relevant school authority. Each application is considered on the basis of the assessed needs of the pupils involved and the nature and level of support provided is determined on the advice of the Psychological Service.

The school in question has been allocated 66.9 hours per week additional teacher support to address the special educational needs of pupils enrolled, including the pupil referred to by the Deputy. The level of teaching support allocated was determined after detailed consideration of the school's application, the supporting documentation provided, including the recommendations made by NEPS, national educational psychological service, and having regard to the overall level of resources already available to the school.

Michael Ring

Question:

464 Mr. Ring asked the Minister for Education and Science when the special needs assistance will be appointed, for a person (details supplied) in County Mayo. [22013/04]

I can confirm that an application for the upgrade from part-time to full-time special needs assistant, SNA, support has been received from St. Patrick's national school for the pupil referred to by the Deputy.

The position is that my Department prioritised applications for SNA support for new entrants and decisions on the majority of these were communicated to schools on 12 August. My officials are continuing to communicate with schools in respect of other new entrant cases as additional supporting information is provided.

Generally, it has been my intention for some time to carry out an overall review of SNA support levels and deployment in mainstream national schools. Bearing in mind the view expressed by schools that any such review should have regard to the actual situation on the ground, I have decided that the process should involve a visit to each school which has SNA support. Arrangements are being made for this review to commence at an early date and a further communication will issue to schools in this regard. Decisions regarding the appropriate level of SNA support in individual schools, having regard to outstanding applications such as the one referred to by the Deputy, will be based on the outcome of this review.

Pending notification of the outcome, schools have been advised by my Department that, if they have surplus SNA capacity, they may retain the excess up to the level of applications made to the Department for which a response is awaited.

School Transport.

Michael Ring

Question:

465 Mr. Ring asked the Minister for Education and Science if school transport will be provided for a person (details supplied) in County Mayo following the closure and amalgamation of their former primary school. [22014/04]

An extension of service has been sanctioned by my Department to facilitate the pupil concerned. Bus Éireann has been advised of my Department's decision.

Special Educational Needs.

Michael Ring

Question:

466 Mr. Ring asked the Minister for Education and Science when a primary school (details supplied) in County Mayo will be notified of its resource teaching hours under the new system for special education needs; and the reason this was not notified prior to the commencement of the school term. [22015/04]

All schools were notified by letter of their individual allocation of resource teaching hours on 24 June 2004. My officials have arranged to issue a copy of the letter to the school in question.

Michael Ring

Question:

467 Mr. Ring asked the Minister for Education and Science the educational support which will be provided to a person (details supplied) in County Mayo with special needs. [22016/04]

I wish to confirm to the Deputy that my Department received an application for five hours per week resource teaching support and full-time special needs assistant, SNA, support for the pupil in question.

The Deputy may be aware that I introduced a new weighted model of resource teacher allocation for pupils with special educational needs who, like the pupil in question, fall within the high-incidence disability categories. Under the new arrangements, it would be expected that the needs of the child in question can be met from within the current resource-learning support teaching allocation available to the school.

The application for SNA support did not meet the criteria for such support as there was insufficient evidence of care needs. However, the application will be reconsidered if additional information in that regard is received in my Department.

Michael Ring

Question:

468 Mr. Ring asked the Minister for Education and Science if he will investigate the reason the educational support for a person (details supplied) in County Mayo has been reduced; and if their support will be restored as a matter of urgency. [22017/04]

I can confirm that an application for special educational resources for the pupil referred to by the Deputy was reviewed by my Department. The application in question did not meet the criteria for resource teaching support under the terms of my Department's circulars.

The application will be reconsidered if additional information in relation to the pupil's teaching needs is received in my Department.

School Funding.

Michael Ring

Question:

469 Mr. Ring asked the Minister for Education and Science the position with regard to a school (details supplied) in County Mayo; the funding which has been granted to this school; and if additional funding will be approved for this school. [22018/04]

The school referred to by the Deputy has been allocated a grant of €100,000 on a devolved basis to provide ancillary accommodation. My Department does not intend increasing the amount of the grant offered to the school. This provision is necessary because a central tenet of the devolved scheme is that a school authority, granted discretion and guaranteed funding to enable immediate progress on its accommodation needs, must equally accept responsibility for prioritisation, control of costs and ensuring value for money.

If there is a shortfall in funding, the options open to the board of management are to reduce the scale of the works to stay within the limit of the grant; use funds allocated by the Department under the terms of the grant scheme for minor works to supplement the grant provided such funds are not required for more urgent and immediate works; and fund the balance of the works from their own resources.

Higher Education Grants.

Michael Ring

Question:

470 Mr. Ring asked the Minister for Education and Science if grant assistance is available to Irish students pursuing a postgraduate course in the UK; if assistance is available to Irish students pursuing a postgraduate course in Northern Ireland; and if he will make a statement on the matter. [22019/04]

Michael Ring

Question:

471 Mr. Ring asked the Minister for Education and Science if a person (details supplied) in County Mayo can be approved a maintenance grant for a post-graduate course in the UK. [22020/04]

I propose to take Questions Nos. 470 and 471 together.

Since the inception of the Higher Education Grants Scheme in 1968, students pursuing postgraduate courses at approved colleges in Northern Ireland can apply for grants in respect of their fees and maintenance under the higher education grants scheme.

In 1996-97, my Department's student support schemes were extended to provide maintenance grants to eligible students pursuing approved full-time undergraduate courses of at least two years duration in other EU member states.

The courses must be followed in a university or third level institution, which is maintained or assisted by recurrent grants from public funds. The extension of the schemes at that time did not extend to courses at postgraduate level.

Any extension of the current arrangements, to provide for students pursuing postgraduate courses in the UK generally would have to be considered within the context of all other EU member states.

There are no plans at present to extend the current arrangements to provide for students pursuing postgraduate courses outside of Ireland. Such a proposal would have to be considered in light of existing resources and other competing demands in the education sector. However, section 21 of the Finance Act 2000, as amended by section 29 of the Finance Act 2001, provides for the introduction of tax relief for postgraduate tuition fees paid in colleges outside of Ireland. This relief, which is available from the tax year onwards, applies at the standard rate of tax. Further details and conditions in relation to this tax relief are available from local tax offices.

Education Welfare Service.

Michael Ring

Question:

472 Mr. Ring asked the Minister for Education and Science the additional help which will be made available to a person (details supplied) in County Mayo from September 2004. [22021/04]

I can confirm that an application for an increase from ten hours per week to full-time special needs assistant, SNA, support has been received from Culleens national school for the pupil referred to by the Deputy.

The position is that it has been my intention for some time to carry out a general review of SNA support levels and deployment in mainstream national schools. Bearing in mind the view expressed by schools that any such review should have regard to the actual situation on the ground, I have decided that the process should involve a visit to each school which has SNA support.

Arrangements are being made for this review to commence at an early date and a further communication will issue to schools in this regard.

Decisions regarding the appropriate level of SNA support in individual schools will be based on the outcome of this review. Pending notification of the outcome, schools have been advised by my Department that, if they have surplus SNA capacity, they may retain the excess up to the level of applications made to the Department for which a response is awaited.

Special Educational Needs.

Mary Wallace

Question:

473 Ms M. Wallace asked the Minister for Education and Science to outline the teaching support at primary level for a child with dyslexia; the number of special teaching hours such a child could expect in the primary school system; if a child with dyslexia can expect to receive one to one support in the primary system or is all support provided at group level; and if he will make a statement on the matter. [22051/04]

Children with dyslexia are generally catered for on an integrated basis in mainstream primary schools where they can be supported by the learning support teacher service or the resource teacher service. At present, there are approximately 2,600 resource teachers and 1,531 learning support teachers in the primary system.

Where the condition is of a more serious nature, provision can be made in one of the four special schools or 23 special classes attached to ordinary primary schools and dedicated to the needs of children with dyslexia. All special schools and special classes for such children operate at a reduced pupil teacher ratio of 9:1.

My Department also provides funding to schools for the purchase of specialised equipment such as computers to assist children with special needs, including children with dyslexia, with their education where such equipment is recommended by relevant professionals. Schools can apply to the special education section of my Department for this support. Supporting documentation should include reports of psychological and other relevant professional assessments.

My Department has recently developed a weighted system of allocation of teaching support for special needs pupils, including those with dyslexia. The allocation of an additional 350 teaching posts to facilitate the introduction of the scheme has been approved. The new system will involve a general weighted allocation for all primary schools to cater for pupils with higher incidence special educational needs, such as borderline mild and mild general learning disability and dyslexia, and those with learning support needs. It will also allow for individual allocations in respect of pupils with lower incidence special educational needs.

The weighted allocation will be made as follows: in the most disadvantaged schools — as per the urban dimension of Giving Children an Even Break — a teacher of pupils with special educational needs will be allocated for every 80 pupils to cater for the subset of pupils with higher incidence special needs; in all boys schools, the ratio will be one teacher for every 140 pupils; in mixed schools — or all girls schools with an enrolment of greater than 30% boys — one for every 150 pupils; and in all girls schools, including schools with mixed junior classes but with 30% or less boys overall, one for every 200 pupils. In addition, all schools will be able to apply for separate specific allocations in respect of pupils with lower incidence disabilities.

My Department has provided annual funding of €63,500 to the Dyslexia Association of Ireland since 1999. This funding has helped the association to operate an information service for members and the public. In addition, this funding has assisted in meeting the costs associated with the attendance of some children from disadvantaged backgrounds at workshops and programmes organised by the association.

Mary Wallace

Question:

474 Ms M. Wallace asked the Minister for Education and Science to outline the support available at post primary level to a child with dyslexia including teaching support, exemptions and examination support; and if he will make a statement on the matter. [22052/04]

My Department allocates additional teaching support to second level schools and vocational education committees to cater for pupils with special educational needs. Applications for such support are made to my Department by the relevant school authority. Each application is considered on the basis of the assessed needs of the pupil(s) involved and the nature and level of the support provided is determined on the advice of the Psychological Service.

Additional support may also be available from the remedial teacher, guidance counsellor and subject teachers in the school. In accordance with the terms of circular letter M10/94, such pupils may also meet the criteria for exemption from learning the Irish Language. The responsibility for running the state examinations was transferred from my Department to the State Examination Commission on 6 March 2003.

This commission is a body independent from my Department and the Deputy should make direct contact with the commission in relation to state examinations arrangements for pupils with dyslexia.

Higher Education Grants.

Róisín Shortall

Question:

475 Ms Shortall asked the Minister for Education and Science if he will review the case of a person (details supplied); if he will explain why the full amount of third level fees were not waived in this case given that the student is re-entering after more than five years and the student left her first course because of serious illness; if he will outline the statutory instrument or specific rule governing the free fees initiative that allows his Department to rule out free fees where the student re-enters a different course; and to make a statement on the matter. [22055/04]

Under the terms of the free fees initiative my Department meets the tuition fees of eligible students. The free fees initiative provides that students who have pursued a course of third level study which has attracted exchequer funding, e.g. free fees, and who have not secured a terminal qualification, and who subsequently resume third level, studies are not eligible for free fees for the equivalent period of time spent on the first course of study. However, free fees can be provided to eligible students who, having attended but not completed approved courses, are returning following a break of at least five years in order to pursue approved courses at the same level.

I understand the student in question commenced a National Certificate course in Dundalk Institute of Technology in 1998 but left in December 1998. She is now undertaking a degree course in a different institution. Under the free fees initiative she is not eligible for free tuition fees for the first half of the 2004-05 academic year. The free fees initiative is not regulated by statutory instrument. It is administered on the basis of criteria laid down by the Minister.

Psychological Service.

Michael Ring

Question:

476 Mr. Ring asked the Minister for Education and Science the educational support that will be provided to a student in County Mayo as a result of his assessment by the NEPS inspectors last April; and if the NEPS report was sent to his school. [22057/04]

My Department has no record of having received an application for special education resources for the student referred to by the Deputy. However, I have asked my officials to liaise with NEPS to further clarify the position with regard to an assessment.

Schools Building Projects.

John Perry

Question:

477 Mr. Perry asked the Minister for Education and Science further to Parliamentary Question No. 167 of 14 November 2002, the progress made with the extension to a school (details supplied) in County Sligo; if he will treat the planning and building of this extension as a matter of extreme urgency since the accommodation was for a project enrolment of 225 and the school has this year a cohort of 260 students; and if he will make a statement on the matter. [22069/04]

An application for additional accommodation has been received from the management authority of the school to which the Deputy refers.

My officials are nearing completion of a review of all projects in line with the revised prioritisation criteria that resulted from consultation with the partners. The purpose of the review is to enable and inform a multi annual approach to the school building programme. I expect to be providing details of this multi annual programme before the end of the current year. The application from the school referred to is being considered in this regard.

Special Educational Needs.

John Perry

Question:

478 Mr. Perry asked the Minister for Education and Science further to Parliamentary Question No. 242 of 6 July, 2004 the progress made with regard to the appointment of the resource teacher for a school (details supplied) in County Sligo as assessments have already been carried out; the reason for the delay; and if he will make a statement on the matter. [22071/04]

Three applications for resource teaching support were received from the school in question. It would be expected that the needs referred to in two of these applications can be met from within the current resource-learning support teaching allocation available to the school. This is in accordance with the new weighted model of teacher allocation for pupils who fall within the high-incidence disability categories.

The third application does not meet the criteria for resource teaching support under the terms of my Department's circulars. The school authorities have been notified accordingly. This application will be reconsidered if additional information on to the pupil's teaching needs is received in my Department.

Schools Building Projects.

John Perry

Question:

479 Mr. Perry asked the Minister for Education and Science when an extra mainstream class teacher will be appointed on development grounds in a school (details supplied) in County Sligo; if his attention has been drawn to the fact that no State funding is required for building purposes, in view of the fact that the school has a classroom available at present to accommodate the teacher appointed; if his attention has further been drawn to the fact that the trends projected indicate it would hold a fourth teacher, in view of the fact that the academic year 2004-05 the school will have 84 pupils; and if he will make a statement on the matter. [22072/04]

The staffing of a primary school for a particular school year is determined by reference to the enrolment of the school on 30 September of the previous school year. This is in accordance with guidelines agreed between my Department and the education partners. The staffing schedule is structured to ensure that all primary schools will operate to an average mainstream class size of 29 pupils. School authorities should ensure that there is an equitable distribution of pupils in mainstream classes and that the differential between the largest and the smallest classes is kept to a minimum.

The mainstream staffing of the school referred to by the Deputy for the current school year is a principal and 2 mainstream class teachers based on an enrolment of 77 pupils on 30 September, 2003. The board of management of the school applied for a developing schools post. However, as the projected enrolment did not meet with the criteria required for developing school status, the application was turned down.

It is open to the board of management of a primary school to submit an appeal under certain criteria to an independent appeals board which has been established to adjudicate on appeals on mainstream staffing allocations in primary schools. Details of the criteria and application date for appeal were issued to all primary schools in April, 2004.

School Transport.

John Perry

Question:

480 Mr. Perry asked the Minister for Education and Science if the circumstances outlined in correspondence received in his Department will be taken into account with regard to school transport for persons (details supplied) in County Sligo; and if he will make a statement on the matter. [22076/04]

A report on this case has been requested from the Transport Liaison Officer, County Sligo VEC. When this report has been received and considered the family will be advised of the decision.

Special Educational Needs.

John Perry

Question:

481 Mr. Perry asked the Minister for Education and Science if he will guarantee that the TWT resource teacher and special needs assistant will be retained at a school (details supplied) in County Leitrim; and if he will make a statement on the matter. [22085/04]

My Department sanctioned 2.5 hours resource teaching support for the pupil in question on 25 September 2002.

The Deputy may be aware that I introduced a new weighted model of resource teacher allocation for pupils with special educational needs who, like the pupil in question, fall within the high-incidence disability categories. It would be expected that the needs of the child in question can be met from within the current resource-learning support teaching allocation available to the school.

Olwyn Enright

Question:

482 Ms Enright asked the Minister for Education and Science the reason resource hours have been removed from a person (details supplied) in County Tipperary; and if he will make a statement on the matter. [22094/04]

My Department sanctioned 2.5 hours resource teaching support for the pupil in question on 25 September 2002.

The Deputy may be aware that I introduced a new weighted model of resource teacher allocation for pupils with special educational needs who, like the pupil in question, fall within the high-incidence disability categories. It would be expected that the needs of the child in question can be met from within the current resource-learning support teaching allocation available to the school.

Higher Education Grants.

Olwyn Enright

Question:

483 Ms Enright asked the Minister for Education and Science the reason a higher education grant is being refused to a person (details supplied) in County Offaly; and if he will make a statement on the matter. [22095/04]

The decision on eligibility for maintenance grants is a matter for the relevant local authority or VEC. These bodies do not refer individual applications to my Department except, in exceptional cases, where, for example, advice or instruction regarding a particular clause in the relevant scheme is desired.

Under the means test provisions of the maintenance grants schemes, the reckonable income of a candidate, other than an independent mature candidate, is his or her gross income from all sources, and the gross income of his/her parents or guardians where applicable, with certain specified social welfare and health board payments being exempt.

Under the terms of the residency clause of the schemes, the candidate's parents or guardians, or, in the case of an independent mature candidate, the candidate herself/himself, must have been ordinarily resident in the administrative area of the vocational education committee, from 1 October previous to entry to the course in question. The VEC has discretion to waive this requirement in exceptional circumstances.

The candidate, referred to by the Deputy, is under 23 years of age and must, therefore, be assessed by reference to parent(s) income and residency status. It is not open to me, or to my Department, to depart from the terms of the schemes in individual cases.

Michael Ring

Question:

484 Mr. Ring asked the Minister for Education and Science the help available to a person to enable him to continue third level studies in Galway and return home to Mayo each day as advised by his doctor. [22097/04]

The decision on eligibility for maintenance grants is a matter for the relevant local authority or VEC. These bodies do not refer individual applications to my Department except, in exceptional cases, where, for example, advice or instruction regarding a particular clause in the relevant scheme is desired.

With regard to eligibility for financial assistance under the student support schemes, the position is that generally speaking, students who are entering approved courses for the first time are eligible for grants where they satisfy the relevant conditions as to age, residence, means, and nationality. An approved course for the purpose of the PLC scheme means a full-time course of at least one year duration, attended in an approved centre.

My Department contacted County Mayo VEC and it confirmed that it is in the process of assessing the grant application for the candidate, referred to by the Deputy. Grant aid is payable at either adjacent or non-adjacent rates. The adjacent rate of the maintenance grant shall be payable in the case of a grant holder whose normal residence is 15 miles or less from the college which she or he is attending. The non-adjacent rate shall be payable in the case of a grant holder whose normal residence is more than 15 miles from the college. If the candidate to whom the Deputy refers is eligible for grant aid he should be entitled to the non-adjacent rate of the grant.

Child Protection.

Olwyn Enright

Question:

485 Ms Enright asked the Minister for Education and Science his plans to establish a list similar to the DHSSPS (Northern Ireland) disqualification for working with children list; and if he will make a statement on the matter. [22098/04]

Olwyn Enright

Question:

513 Ms Enright asked the Minister for Education and Science the arrangements that exist for the exchange of information between the Garda Síochána and the Police Service of Northern Ireland with regard to persons considered to pose a threat to children who move from the Republic to Northern Ireland; and if he will make a statement on the matter. [22243/04]

I propose to take Questions Nos. 485 and 513 together.

The matters the Deputy refers to are principally for my colleague the Minister for Justice, Equality and Law Reform. I do not have responsibility for arrangements between An Garda Síochána and the Police Service of Northern Ireland and cannot comment on them. However, the Minister of State at both my Department and the Department of Justice, Equality and Law Reform has recently announced a package of measures produced on foot of the recommendations of the Working Group on Garda Vetting.

Separately to matters under consideration by the Minister for Justice Equality and Law Reform the establishment of the Teaching Council in accordance with the Teaching Council Act 2001 is imminent. The council will provide the teaching profession, both primary and post-primary, with the means to self-regulate and its functions will include maintaining a register of teachers and if necessary removing the names of those shown to be unfit to teach, including those unfit to teach by reason of the fact that they pose a threat to children.

Physical Education Facilities.

Denis Naughten

Question:

486 Mr. Naughten asked the Minister for Education and Science his plans to introduce physical education as an examination subject for the junior and leaving certificates; his plans to address the current situation highlighted in the recent OECD report that school children here are allocated 50% less time for physical education when compared to other OECD countries; and if he will make a statement on the matter. [22114/04]

Physical education is part of the prescribed curriculum for primary schools. Second level schools should offer a physical education programme based on an approved syllabus with teaching hours registered on the school timetable. The focus of physical education in schools is on the young person's holistic development, stressing personal and social development, physical growth and motor development. Goal setting, within the curriculum, focuses on individual improvement and not on winning or being the best.

At second level, the phasing in of a revised syllabus at junior cycle level for physical education (non-examination) commenced in September 2003. The revised junior cycle physical education syllabus, with its practical focus, provides young people with an opportunity to explore a range of intelligences and represents a balance in what has long been acknowledged as an academically dominated curriculum.

The syllabuses in physical education have been developed on the basis of a time allocation of two hours per week. The school's physical education programme can help raise educational standards, promote healthy lifestyles, cultivate social responsibility and citizenship, nurture socialisation skills and ultimately help students realise their individual potential. No timescale for implementation has been decided upon for introduction of physical education as an examination subject.

Special Educational Needs.

Dan Neville

Question:

487 Mr. Neville asked the Minister for Education and Science if a one-to-one remedial teacher will be provided to a person (details supplied) in County Limerick. [22116/04]

An application for 2.5 hours per week resource teaching support was received for the pupil in question. The Deputy may be aware that I introduced a new weighted model of resource teacher allocation for pupils with special educational needs who, like the pupil in question, fall within the high-incidence disability categories.

It would be expected that the needs of the child in question can be met from within the current resource-learning support teaching allocation available to the school.

Dan Neville

Question:

488 Mr. Neville asked the Minister for Education and Science if a resource teacher has been sanctioned for a person (details supplied). [22118/04]

My Department has approved 3.5 hours resource teaching per week for the pupil in question. The school authorities have been informed of this decision.

Schools Building Projects.

Dan Neville

Question:

489 Mr. Neville asked the Minister for Education and Science when a general purpose room, library resource, teaching room, principal’s office, storage facilities and multi-purpose room will be sanctioned and construction commenced for a school (details supplied) in County Limerick. [22119/04]

An application for grant-aid towards additional accommodation has been received from the management authority of the school to which the Deputy refers. My officials are nearing completion of a review of all projects in line with the revised prioritisation criteria that resulted from consultation with the partners. The purpose of the review is to enable and inform a multi-annual approach to the school building programme.

I expect to be providing details of this multi-annual programme before the end of the current year. The application from the school concerned is being considered in this regard.

Special Educational Needs.

Dan Neville

Question:

490 Mr. Neville asked the Minister for Education and Science if a resource teaching facility will be made available on a one-to-one basis for a person (details supplied) in County Limerick. [22120/04]

Two point five hours per week resource teaching was sanctioned for the pupil in question in 2003. The school authorites were informed of this decision.

School Transport.

Dan Neville

Question:

491 Mr. Neville asked the Minister for Education and Science if a school bus service will be made available to persons (details supplied) in County Limerick. [22123/04]

My Department has informed the family referred to by the Deputy in the details supplied that they may avail of concessionary fare paying transport to the school in question.

Special Educational Needs.

Dan Neville

Question:

492 Mr. Neville asked the Minister for Education and Science if special needs tuition for a person (details supplied) in County Limerick will be available on a 20 hour weekly basis. [22124/04]

The provision of 20 hours per week home tuition until the end of June 2005 has been sanctioned for the child in question. This decision has been conveyed to the child's parents.

College Closures.

Michael Ring

Question:

493 Mr. Ring asked the Minister for Education and Science if he will reverse the closure of a college and forge a link with one of the Dublin based universities. [22151/04]

Dan Neville

Question:

514 Mr. Neville asked the Minister for Education and Science if he will rescind his decision to close a college (details supplied) in County Dublin and enter into discussions with college authorities with regard to the future of the college; and if he will implement the recommendations of the consultant and advisers to keep the college open and forge a link with one of the Dublin-based universities. [22258/04]

Gay Mitchell

Question:

526 Mr. G. Mitchell asked the Minister for Education and Science if he will reverse the decision he has made contrary to the advice of a consultant and his own Department officials to close a college (details supplied) in County Dublin; and if he will make a statement on the matter. [22286/04]

Richard Bruton

Question:

548 Mr. R. Bruton asked the Minister for Education and Science the reasons he rejected the advice of the consultant and his own Department officials in respect of the closure of a college (details supplied) in County Dublin and the consolidation of all home economics teacher education in Sligo; and if he has had discussions with the board of governors of this college to discuss its concerns. [22404/04]

John Deasy

Question:

567 Mr. Deasy asked the Minister for Education and Science if he will reconsider his decision to close a college (details supplied) in view of recommendations given by his own Department officials and consultants; and if he will make a statement on the matter. [22519/04]

Finian McGrath

Question:

571 Mr. F. McGrath asked the Minister for Education and Science the reason he ignored the advice of a consultant and his Department officials regarding the closure of a college (details supplied) in County Dublin; and if he will reconsider his decision and forge a link with Dublin-based universities. [22532/04]

Willie Penrose

Question:

596 Mr. Penrose asked the Minister for Education and Science if he will reconsider his decision to close a college (details supplied) in County Dublin, implement the recommendations of the advisory group and forge a link with one of the Dublin-based universities; and if he will make a statement on the matter. [22773/04]

I propose to take Questions Nos. 493, 514, 526, 548, 567, 571 and 596 together.

The question of the future of the college referred to by the Deputies arose in the context of a decision by the trustees of the college. Due to personnel and financial considerations, the trustees decided they were no longer in a position to fulfil their role. Following discussions between the trustees and my Department, it was agreed that a consultant would be appointed to meet the relevant parties and prepare a report on the options available for my consideration. The consultant's report was thoroughly examined in my Department and the options for the future of the college set out. Having carefully considered all of them and having taken into account other factors such as the national spatial strategy, relevant costs in a time of financial constraint, a Government decision to restrict public service numbers, the need to secure value for money and a better allocation of resources, I decided that these considerations are best served by the closure of the college and the designation of St. Angela's College, Sligo as the sole centre for the training of home economics teachers.

The closure of the college will be phased over the next three academic years to facilitate students currently enrolled in completing their course of training. Officials from my Department have already met with the trustees and management authorities of the college to discuss making the necessary practical arrangements including those on the position of the staff of the college.

Schools Building Projects.

Paul McGrath

Question:

494 Mr. P. McGrath asked the Minister for Education and Science if he will give the up to date situation concerning the provision of a new primary school at Coralstown, County Westmeath. [22152/04]

The building project for Coralstown national school, County Westmeath 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 has a band 2 rating and is at stage 3 — developed sketch scheme — of architectural planning. My Department’s technical staff are currently examining the stage 3 documentation and the school authorities will be kept advised of developments.

My Department's officials are also currently reviewing all projects that were not authorised to proceed to construction as part of the 2004 school building programme, including Coralstown national school, with a view to including them as part of a multi-annual school building programme from 2005. I expect to make further announcements in this regard before the end of the year.

Paul McGrath

Question:

495 Mr. P. McGrath asked the Minister for Education and Science the position concerning proposed new school (details supplied) in County Westmeath. [22153/04]

The school referred to by the Deputy accepted an invitation to participate in a devolved initiative contained in the 2004 school building programme. This enables the school authority to provide additional permanent accommodation with a maximum grant level of €350,000. The initiative operates on a devolved basis and allows boards of management to address their accommodation and building priorities with a guaranteed amount of funding and gives boards control over the pace at which building works proceed. Currently, the board of management is awaiting planning permission and fire certification for its building project.

Paul McGrath

Question:

496 Mr. P. McGrath asked the Minister for Education and Science if he will confirm that an application for additional classroom space had been made to his Department for a school (details supplied) in County Westmeath; and if he will give the projected timescale for the commencement of works at this school. [22154/04]

The school referred to by the Deputy is on the school building programme for 2004 for a single classroom extension, ancillary accommodation and refurbishment. I am pleased to inform the Deputy that construction work recently began on this project.

Paul McGrath

Question:

497 Mr. P. McGrath asked the Minister for Education and Science the progress been made in providing additional science laboratories and other facilities at a school (details supplied), Mullingar; and if he will give a progress report on this application. [22155/04]

A building project for Loreto College, Mullingar includes the provision of additional science laboratories and is listed in section 9 of the 2004 school building programme published on my Department's website at www.education.ie. This project has a band 2 rating and is at early stages of architectural planning. My Department’s officials are currently reviewing all projects that were not authorised to proceed to construction as part of the 2004 school building programme, including Loreto College, Mullingar, with a view to including them as part of a multi-annual school building programme from 2005. I expect to make further announcements in this regard before the end of the year.

Paul McGrath

Question:

498 Mr. P. McGrath asked the Minister for Education and Science the progress been made regarding the proposed extension to a school (details supplied), County Westmeath; if an application has been received; the stage which this development is at; the estimated completion date for this project; and if he will make a statement on the matter. [22156/04]

I have previously announced my intention to publish for the first time ever a multi-annual school building programme. My officials are nearing completion of a review of all projects in line with the revised prioritisation criteria which resulted from consultation with the partners. The purpose of the review is to enable and inform a multi-annual approach to the school building programme. I expect to provide details of this multi-annual programme before the end of the current year.

Paul McGrath

Question:

499 Mr. P. McGrath asked the Minister for Education and Science the progress made to date regarding an application for an extension to a school (details supplied), County Westmeath; and if he will make a statement on the matter. [22157/04]

The building project for Clonmellon national school, County Westmeath 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 has a band 2 rating and is at stage 3 — developed sketch scheme — of architectural planning. My Department’s officials recently wrote to the school authorities requesting additional information on their stage 3 submission and a response is awaited.

My Department's officials are currently reviewing all projects which were not authorised to proceed to construction as part of the 2004 school building programme including Clonmellon national school with a view to including them as part of a multi-annual school building programme from 2005. I expect to make further announcements in this regard before the end of the year.

Paul McGrath

Question:

500 Mr. P. McGrath asked the Minister for Education and Science the progress being made regarding the proposed extension to a school (details supplied), Athlone, County Westmeath. [22158/04]

I have previously announced my intention to publish, for the first time ever, a multi-annual school building programme. My officials are nearing completion of a review of all projects in line with the revised prioritisation criteria that resulted from consultation with the social partners. The purpose of the review is to enable and inform a multi-annual approach to the school building programme. I expect to provide details of the multi-annual programme before the end of the current year.

Paul McGrath

Question:

501 Mr. P. McGrath asked the Minister for Education and Science the progress being made regarding an application for improvement works and additional classroom space at a school (details supplied), County Westmeath. [22159/04]

I have previously announced my intention to publish, for the first time ever, a multi-annual school building programme. My officials are nearing completion of a review of all projects in line with the revised prioritisation criteria that resulted from consultation with the social partners. The purpose of the review is to enable and inform a multi-annual approach to the school building programme. I expect to provide details of the multi-annual programme before the end of the current year.

Paul McGrath

Question:

502 Mr. P. McGrath asked the Minister for Education and Science the progress being made regarding additional classrooms and improvements works at a school (details supplied), Kinnegad, County Westmeath. [22160/04]

A building project for St. Etchen's national school, Kinnegad, County Westmeath is listed in section 9 of the 2004 school building programme which is published on my Department's website at www.education.ie. This project has a band 2 rating and is at early stages of architectural planning. My Department’s officials recently wrote to the school authorities requesting them to submit a stage 1/2/3 submission and a response is awaited.

My Department's officials are currently reviewing all projects that were not authorised to proceed to construction as part of the 2004 school building programme, including St. Etchen's national school, with a view to including them as part of a multi-annual school building programme from 2005. I expect to make further announcements in this regard before the end of the year.

Paul McGrath

Question:

503 Mr. P. McGrath asked the Minister for Education and Science the progress being made regarding an application for improvement works or a new school at a school (details supplied), Kilbeggan, County Westmeath. [22161/04]

Historically, key decisions on educational provision have tended to be taken without any reference to the public at large. My decision to publish an annual school building programme has reinforced my strongly held conviction that all key decisions relating to educational infrastructure should be made in an open and transparent manner. For this reason, earlier this year, I introduced a new planning model for educational infrastructure with the aim of ensuring that in future school provision will be decided only after a transparent consultation process. In this regard, trustees, parents, sponsors of prospective schools and all interested parties from a locality will have the opportunity to have their voices heard in the process.

The main feature of the new planning model is the publication of area development plans which will set out a blueprint for school development in an area into the future. In June, I published the draft plan for the area around the N4-M4 route from Leixlip to Kilcock, including Celbridge and Maynooth and from Enfield through to Kilbeggan including Longwood, Edenderry and Killucan. Full details of the draft plan are available from my Department's website at www.education.ie. Integral components of draft area development plans are details of existing primary and post primary provision, a drawing together and examination of the demographics of the area and other relevant factors and commentary on the data, recommendations for educational infrastructural provision in an area into the future. The commission on school accommodation is currently conducting a public engagement process to which all interested parties can make submissions. All submissions will be published. The process will culminate in the publication of a final development plan for the area against which all capital funding decisions will be made over the next decade.

I am confident that this ground breaking approach to school planning will provide a mechanism to ensure that capital funding is allocated in a structured and clearly identifiable manner into the future. Most importantly, all of the stakeholders in education will have the opportunity of having their voices heard to make the education of our children the all-inclusive process it should be.

Departmental Correspondence.

Cecilia Keaveney

Question:

504 Cecilia Keaveney asked the Minister for Education and Science the position in relation to correspondence (details supplied) of 26 March 2004; and if he will make a statement on the matter. [22170/04]

I confirm that an application for five hours per week resource teaching support for the pupil referred to by the Deputy has been reviewed by my Department. The application in question did not meet the criteria for resource teaching hours as per my Department's circulars. The school authorities were notified accordingly. The application will be reconsidered if additional information in relation to the pupil's teaching needs is received in my Department.

Special Educational Needs.

Pat Breen

Question:

505 Mr. P. Breen asked the Minister for Education and Science if in the interest of special needs assistant he will set a criteria for job security for special needs assistants; will special needs assistant positions be rotated in the system when a child that they are assigned to leaves; with regard to job loss the notice of redundancies that special needs assistants are entitled to; will special needs assistants get paid for supervision work; will a set criteria be put in place for special needs assistants countrywide; and if he will make a statement on the matter. [22171/04]

My Department will shortly undertake a fundamental review of the special needs assistant service with a view to restructuring and rationalising the service. This review will involve discussions with the relevant trade union representing the special needs assistant grade and will address all of the issues raised by the Deputy. A claim for payment for supervision duties by special needs assistants was lodged by the IMPACT trade union and was referred to the Labour Court in January 2004. The court recommended that there was no merit in the claim on the basis that a duty to assist teachers in the supervision of pupils forms part of the basic duties of special needs assistants. In the circumstances, no additional payments will be made.

Grant Payments.

David Stanton

Question:

506 Mr. Stanton asked the Minister for Education and Science if, in the case of mature students who wish to avail of third level maintenance grant assistance and who were not living independently in October of the year prior to enrolment in a third level course, as required in order to qualify for grant assistance and who have to move away from home in order to pursue such a third level course, he will allow them to be recognised for grant assistance for the duration of the course or for at least the second and subsequent years of the course; and if he will make a statement on the matter. [22183/04]

The higher education grant schemes operate under the Local Authorities (Higher Education Grants) Acts 1968 to 1992. These Acts define a mature student to mean a person "of not less than 23 years of age, or such other age as may stand specified for the time being in regulations made by the Minister with the consent of the Minister for Finance, who have secured places in approved institutions and have reached that age on the 1st day of January, or such other date as may be prescribed from time to time by the Minister with the consent of the Minister for Finance, in the year of entry to such institutions". The Acts further provide, inter alia, for the making of grants to mature students whose means and those of their parents, where the mature students are dependent on their parents, and the means of their spouses, if any, do not exceed prescribed limits. Under the terms of the higher education grants schemes, mature students are categorised as either independent mature students or mature students dependent on parents.

An independent mature student is defined to mean a mature student who was not ordinarily resident at home with his or her parents from the October preceding their entry to an approved course. Independent mature students are assessed without reference to either their parents' income or address. When assessing the means of students, other than independent mature students, the Acts specify that the students' means and those of their parents or guardians must be below a prescribed limit. This provision requires that parental income be taken into account irrespective of the individual circumstances in any case where the student is not an independent mature student. There is, however, provision under the terms of the scheme for candidates who are re-entering as mature students, following a break in study of at least one year. Section 3.2 of the higher education grant scheme makes provision for mature candidates, who are re-entering in order to complete an approved course at undergraduate level for the first time, or re-entering in order to pursue or complete an approved course at postgraduate level for the first time, or with reference to Clause 7.7, mature candidates who already hold a postgraduate qualification and are re-entering to progress to a further postgraduate course at a higher level and which represents progression from the level at which any previous postgraduate qualification was attained.

Such candidates may be assessed under the terms of the scheme appropriate to the year in which they re-enter. Under this provision, candidates who were not independent mature students at the time of entry to an approved course may be re-classified as independent mature students for the purpose of completing a course or commencing a subsequent course such as a postgraduate course. Similar provisions apply under the terms of the other third level student maintenance grant schemes.

Departmental Websites.

Paul McGrath

Question:

507 Mr. P. McGrath asked the Minister for Education and Science if in relation to his Department website, the number of persons who have responsibility for upgrading the website and eliminating outdated and often inaccurate information. [22196/04]

All sections in the Department involved in service delivery to the Department's customers provide material for the website and are responsible for its accuracy. It is updated daily. Every effort is made to ensure that the information is current and accurate while maintaining an archive of pre-2004 information. The website has a feedback section and an e-mail address for direct contact with the webmaster. If the Deputy has found out-of-date or inaccurate material on part of the site, I would be grateful if he could identify the material and I will pursue the matter further.

Special Educational Needs.

Paul McGrath

Question:

508 Mr. P. McGrath asked the Minister for Education and Science the number of special needs assistants presently employed in primary schools, second level schools in the vocational education system and other second level schools. [22205/04]

There are currently 4,745.69 whole-time equivalent special needs assistants at primary level being paid salary on my Department's payroll. To date, my Department has allocated a total of 580.77 whole-time equivalent special needs assistants at post-primary level as follows: VEC schools, 194.12; secondary schools, 224.67; community and comprehensive schools, 161.98.

Paul McGrath

Question:

509 Mr. P. McGrath asked the Minister for Education and Science if, in relation to the special needs assistants employed in primary schools, the number working in junior classes in those schools. [22206/04]

The information requested by the Deputy on the number of special needs assistants deployed in junior classes is not readily available.

Paul McGrath

Question:

510 Mr. P. McGrath asked the Minister for Education and Science if, in light of a recent Labour Relations Commission ruling on the rate of pay to special needs assistants in junior classes in primary schools he will outline the number of assistants who were under-paid; the total amount paid to those assistants in back pay; the average payment to each such assistant; the period for which back money is payable; if this money has been paid yet and the date paid; if not paid, when it is anticipated that payment will be made; if this back money will be paid automatically or if each assistant must make application for same; and if he will make a statement on the matter. [22207/04]

The rights commissioner recommended that my Department issue payment amounting to 83% of the full rate of salary to a part-time special needs assistant for work which she undertook in an infants class. Arising from the rights commissioner's recommendation, my Department took the decision to pay part-time special needs assistants 83% of the full rate of salary if they are working in an infants class for the full duration of the infant school day. To enable my Department process applications, the school managerial authority must verify that the special needs assistant is working in an infants class for the full duration of the infant school day. As this process is ongoing, I am unable to give the Deputy details of the number of special needs assistants affected at this time.

The effective date for the implementation of this recommendation is 20 December, 2001. The amount of money varies in each case but a special needs assistant working for 23 hours and 20 minutes per week, while on the first point of the current salary scale, receives an additional gross payment of €39 per week. My Department will issue a circular to schools in the near future outlining the details of revised arrangements for the payment of part-time special needs assistants.

Paul McGrath

Question:

511 Mr. P. McGrath asked the Minister for Education and Science the holiday entitlements of special needs assistants; and if these entitlements can vary depending on the type of school in which the person is employed. [22208/04]

Under the terms of the Sustaining Progress modernisation agenda, special need assistants in primary schools are required to work every school day and to be available to schools for a couple of days at the start and finish of each school term. It is agreed that these days — 12 in total — may be combined at the discretion of school management to be utilised flexibly throughout the year for work appropriate to the grade including training. The holiday arrangements for special needs assistants employed in second level schools are outlined in a circular issued by my Department. A copy of the circular will be forwarded to the Deputy.

Discussions are taking place with unions regarding the leave arrangements for special needs assistants employed in second level schools.

Paul McGrath

Question:

512 Mr. P. McGrath asked the Minister for Education and Science if it is possible for two special needs assistants, employed by the same VEC working for the same hours with similar responsibilities, to have different rates of pay one employed on a full-time basis and the other on an hourly rate; the reason such diversity can occur; and if he will make a statement on the matter. [22209/04]

My Department allocates special needs assistant support to vocational education committees to cater for students with special educational needs. The employment of special needs assistants is a matter for the vocational educational committee concerned. Queries regarding the employment and payment of the persons referred to should therefore be addressed to the relevant VEC.

Question No. 513 answered with QuestionNo. 485.
Question No. 514 answered with QuestionNo. 493.

School Enrolments.

Bernard J. Durkan

Question:

515 Mr. Durkan asked the Minister for Education and Science if school placements can be arranged at a school (details supplied) for persons (details supplied) in County Kildare; and if he will make a statement on the matter. [22259/04]

The compulsory school starting age in a national school is six years of age. Rule 64 (1) of the rules for national schools provides that a child must be at least four years of age before he or she may be enrolled in a national school. Children of compulsory school-going age must have a place in a national school and overall there are more than enough places available. Enrolment in an individual school is the responsibility of its managerial authority and my Department does not seek to intervene in decisions made by schools in such matters. My Department's main responsibility is to ensure that schools in an area can, among them, cater for all pupils seeking places. This may result, however, in some pupils not obtaining a place in the school of their first choice.

It is the responsibility of the managerial authorities of schools which are not in a position to admit all pupils seeking entry to implement an enrolment policy in accordance with the Education Act. In this regard a board of management may find it necessary to restrict enrolment to children from a particular area or a particular age group or, occasionally, on the basis of some other criterion. Where a board of management refuses to enrol a student in a school the parent of the student or, where the student has reached 18 years of age, the student themselves, following the conclusion of any appeal procedures at school level, has a statutory entitlement under section 29 of the Education Act, 1998 to appeal that decision to the Secretary General of the Department of Education and Science. Under the appeal process, a committee is established to hear the appeal. Oral hearings are conducted with a minimum of formality. In most cases appeals must be dealt with within 30 days. Where appropriate, the Secretary General may give whatever directions to the board of management that are considered necessary to remedy the matter complained of.

Special Educational Needs.

Bernard J. Durkan

Question:

516 Mr. Durkan asked the Minister for Education and Science if special needs transport will be offered to a person (details supplied) in County Kildare; and if he will make a statement on the matter. [22260/04]

My Department has requested a report on this case from Bus Éireann. The case will be given further consideration as soon as the report has been received.

Bernard J. Durkan

Question:

517 Mr. Durkan asked the Minister for Education and Science if a person (details supplied) in County Kildare will be offered a special needs teacher for three hours per day; and if he will make a statement on the matter. [22261/04]

My Department allocates additional teaching support and special needs assistant support to second level schools and vocational education committees to cater for pupils with special educational needs. Applications for such support are made to my Department by the relevant school authority. Each application is considered on the basis of the assessed needs of the pupils involved and the nature and level of the support provided is determined on the advice of the psychological service.

An application seeking an additional resources to address the special educational needs of a number of pupils in the school concerned, including the pupil to whom the Deputy refers, was submitted to my Department by County Kildare VEC. Following examination of this application, my Department allocated an additional 95.75 teaching hours plus 46 special needs assistant support hours per week for the 2004-05 school year to address the needs of the pupils concerned.

Bernard J. Durkan

Question:

518 Mr. Durkan asked the Minister for Education and Science if extra teaching hours will be offered to a person (details supplied) in County Kildare who currently has a teaching assistant for three and a half hours per week; if this arrangement will be permanent for the entire school year; and if he will make a statement on the matter. [22262/04]

I inform the Deputy that 3.5 hours resource teaching and a full-time special needs assistant, or SNA, have been approved by my Department for the pupil in question. All such allocations are subject to review, although I can confirm that the resource teaching support approved in this case will remain in place for the 2004-05 school year.

It has been my intention for some time to carry out a general review of special needs assistant support levels and deployment in mainstream national schools. Bearing in mind the view expressed by schools that any such review should have regard to the situation on the ground, I have decided that the process should involve a visit to each school which has SNA support. Arrangements are being made for this review to commence at an early date and a further communication will issue to schools in this regard. Decisions regarding the appropriate level of SNA support in individual schools will be based on the outcome of this review. Pending notification of the outcome, schools have been advised by my Department that if they have surplus SNA capacity, they may retain the excess up to the level of applications made to the Department for which a response is awaited.

School Transport.

Marian Harkin

Question:

519 Ms Harkin asked the Minister for Education and Science if his Department will accede to a second appeal hearing concerning school transport for a person (details supplied) in County Sligo. [22264/04]

The person to whom the Deputy refers should submit observations to the school transport section. The matter will be considered at that stage.

School Enrolments.

Charlie O'Connor

Question:

520 Mr. O’Connor asked the Minister for Education and Science if his Department will undertake an evaluation of the second level school needs of the Tallaght region; if sufficient school places are available for current and future populations; and if he will make a statement on the matter. [22280/04]

My Department has no plans currently to undertake an evaluation of second level provision in the Tallaght area. Pupil enrolments at second level schools in the Tallaght area are in general decline and I am satisfied there are sufficient school places to meet current and anticipated future demand. My Department will, however, continue to monitor school accommodation requirements in the Tallaght area to ensure that any emerging needs are addressed.

Site Acquisitions.

Charlie O'Connor

Question:

521 Mr. O’Connor asked the Minister for Education and Science if his attention has been drawn to the huge housing developments taking place in Westbrook, Carrigmore and Fortunestown between west Tallaght and Saggart; if he will examine the implications for school accommodation; and if he will make a statement on the matter. [22281/04]

Officials of my Department's planning section meet on a regular basis with the planning department of South Dublin County Council with a view to identifying the need for additional educational provision and reserving sites for schools, where required. Arising from this process, sites for primary school purposes have been reserved at Fortunestown and Saggart.

A decision on the provision of new schools in these areas will involve further consultations with the local authority regarding the rate and likely timescale of housing developments, together with an ongoing assessment of the capacity of existing schools in the area to meet the anticipated demand. In this regard, it should be noted that the overall enrolment trend in schools in the Tallaght area is downward. However, in light of the proposed additional housing in the area, my Department will continue to monitor developments and any needs identified will be addressed by increasing existing school capacity, or through new school provision, as appropriate.

Schools Refurbishment.

Charlie O'Connor

Question:

522 Mr. O’Connor asked the Minister for Education and Science if he will report on contacts between his Department and a school (details supplied) in Dublin 24 regarding serious vandalism being suffered by the school; if alternate means will be examined to fund the required works; and if he will make a statement on the matter. [22282/04]

The scope of works required at the school referred to by the Deputy is appropriate for consideration under the summer works scheme, or SWS. While the school's application under the SWS for 2004 and a subsequent application for contingency funding were not successful, it is open to the school's management authority to re-apply for the key priority works required at the school as part of the 2005 SWS. Details of the 2005 scheme were recently announced and full details, together with the application form, are available on my Department's website at www.education.ie.

School Accommodation.

Charlie O'Connor

Question:

523 Mr. O’Connor asked the Minister for Education and Science the contacts he has had with the management of a school (details supplied) in Dublin 24 regarding the need for new permanent accommodation; and if he will make a statement on the matter. [22283/04]

The school to which the Deputy refers has not made an application to my Department for capital funding.

Schools Building Projects.

Charlie O'Connor

Question:

524 Mr. O’Connor asked the Minister for Education and Science if he will report on the development of the physical education hall at a college (details supplied) in Dublin 24; and if he will make a statement on the matter. [22284/04]

I am pleased to inform the Deputy that construction work has commenced on the project in question.

School Accommodation.

Mary Wallace

Question:

525 Ms M. Wallace asked the Minister for Education and Science his Department’s policy with regard to payment of rental costs of school classroom prefabs at both primary and post primary level, including the percentage of the rent paid by his Department and the identity of those who pay the balance; if there is a distinction between the rental payment percentage breakdown for new schools as distinct from existing schools; if so, the reason for the distinction; and if he will make a statement on the matter. [22285/04]

My Department provides grant-aid towards the provision of temporary school accommodation where it is required at primary schools. Details of the rate of such grant aid is as follows; 95% of rental costs for primary schools with permanent recognition and 75% of rental costs for primary schools with provisional recognition. School authorities pay a local contribution of the balance. Where the local contribution exceeds €3,175 for expenditure incurred in the financial year January to December rental payments are grant-aided by my Department at a rate of 100%.

Rental of temporary accommodation at special needs primary schools is grant-aided at a rate of 100%, as are special needs units within mainstream primary schools. There is no distinction between the rental payment percentage breakdown between new schools and existing schools. In general, grant aid is not provided towards the cost of rented accommodation at secondary schools.

Question No. 526 answered with QuestionNo. 493.

Schools Building Projects.

Phil Hogan

Question:

527 Mr. Hogan asked the Minister for Education and Science when work will commence on a new school building at a school (details supplied) in County Kilkenny; and if he will make a statement on the matter. [22287/04]

The 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. The project has a band 1 rating and is at the early stages of architectural planning process. The brief is currently being reviewed. It is not expected to go to construction during 2004.

My Department's officials are currently reviewing all projects that were not authorised to proceed to construction as part of the 2004 school building programme including the school in question with a view to including them as part of a multi-annual school building programme from 2005. I expect to make further announcements in this regard before the end of the year.

Special Educational Needs.

Finian McGrath

Question:

528 Mr. F. McGrath asked the Minister for Education and Science if he will meet the principal and parents of a school (details supplied) in Dublin 5 to discuss the allocation of resources to address the special needs of a number of their students; if he will give them the maximum support on staffing and take steps to ensure that this school which has a policy of inclusion is supported in a positive way; and if he will make a statement on the matter. [22289/04]

My Department allocates additional teaching support and special needs assistant support to second level schools and vocational educational committees to cater for pupils with special educational needs. Applications for such support are made to my Department by the relevant school authority. Each application is considered on the basis of the assessed needs of the pupils involved and the nature and level of support provided is determined on the advice of the psychological service.

The school referred to by the Deputy has been allocated 11 hours 20 minutes per week additional teaching support to address the needs of pupils with special educational needs attending the school. The level of additional teaching support was determined after detailed consideration of the school's application, the supporting documentation provided, including the recommendations made by NEPS, National Educational Psychological Service, and having regard to the overall level of resources already available to the school.

If the school is of the view that the prevailing level of assessed special needs within the school is such as to be incapable of being addressed from within its current allocation, my Department will be prepared to consider these concerns. Such consideration will require a clear demonstration by the school of the inadequacy of its allocation by reference to its current utilisation of its available resources. In view of this procedure being available I do not consider that a meeting with principal and parents would be of assistance at this time.

Denis Naughten

Question:

529 Mr. Naughten asked the Minister for Education and Science, further to Parliamentary Question No. 118 of 24 June 2004, when the support will be provided; and if he will make a statement on the matter. [22310/04]

I wish to advise the Deputy that my Department has sanctioned four hours resource teaching per week for the pupil in question. The school authorities have recently been informed of this decision.

Home Tuition.

Denis Naughten

Question:

530 Mr. Naughten asked the Minister for Education and Science the number of outstanding applications for home tuition with his Department; the average time taken to process each application; the reason for the delay in approving these applications; and if he will make a statement on the matter. [22313/04]

I understand there are 70 outstanding applications for home tuition in my Department. The majority of these applications were received during the current month.

School Staffing.

Denis Naughten

Question:

531 Mr. Naughten asked the Minister for Education and Science if additional teaching hours will be approved to cater for significant English language deficit of non-national pupils at a school (details supplied) in County Roscommon in view of the fact that the school has no over quota teachers. [22321/04]

Post-primary schools may apply to my Department for additional teaching hours to help cater for the needs of non-national pupils with significant English language deficits.

In situations where schools have over quota posts, my Department routinely requires that these posts be utilised to meet new and emerging needs within such schools, including the needs of non-national pupils, where appropriate.

Following consideration of the application from the school concerned, my Department decided that the school should cater for the needs of the non-national pupils enrolled from within its existing resources which includes 2.5 wholetime equivalent surplus posts.

This case was referred to the independent appeals committee which upheld the original decision. The committee operates independently of my Department and its decisions are final.

Denis Naughten

Question:

532 Mr. Naughten asked the Minister for Education and Science if the appointment of a learning support teacher will be approved for two persons at a school (details supplied) in County Roscommon in view of the fact that the school has no over quota teachers. [22322/04]

Post-primary schools may apply to my Department for additional teaching hours to help cater for the needs of Traveller students enrolled.

In situations where schools have over quota posts, my Department routinely requires that these posts be utilised to meet new and emerging needs within such schools, including the needs of Traveller pupils, where appropriate.

Following consideration of the application from the school concerned, my Department decided that the school should cater for the needs of the Traveller pupils enrolled from within its existing resources, which include 2.5 wholetime equivalent surplus posts.

This case was referred to the independent appeals committee which upheld the original decision. The committee operates independently of my Department and its decisions are final.

Third Level Fees.

John Perry

Question:

533 Mr. Perry asked the Minister for Education and Science if he will have a favourable decision made on the correspondence sent to him on 8 September 2004 regarding the college fees of a person (details supplied) in view of his circumstances; and if he will make a statement on the matter. [22327/04]

Under the terms of the free fees initiative my Department meets the tuition fees of eligible students. The free fees initiative provides that students who have pursued a course of third level study which has attracted Exchequer funding, free fees, maintenance, tax relief, subsidy towards course cost, who have not secured a terminal qualification, and who subsequently resume third level studies, are not eligible for free fees for the equivalent period of time spent on the first course of study.

I understand the student in question pursued a course in the Dublin Business School in the 2003-04 academic year. He is now undertaking a degree course in the National University of Ireland, Maynooth. As the course which the student attended in the Dublin Business School is eligible for tax relief, he is not eligible for free tuition for the 2004-05 academic year.

Schools Building Projects.

Michael Ring

Question:

534 Mr. Ring asked the Minister for Education and Science the number of new schools, both primary and secondary built in the past ten years, giving details for each year; and the number of new schools that had to be re-roofed due to poor design. [22331/04]

The information sought by the Deputy is not readily available in the format requested. However, if the Deputy has a query about any specific school, I would be happy to provide the information for him.

Dan Neville

Question:

535 Mr. Neville asked the Minister for Education and Science the position regarding the completion of an extension to a school (details supplied) in County Limerick. [22349/04]

The 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 has a band 2 rating and my Department’s technical staff are currently examining the stage 1/2/3 documentation, detailed plans/costs. The school authorities will be kept advised of developments.

My Department's officials are also currently reviewing all projects that were not authorised to proceed to construction as part of the 2004 school building programme including the school referred to by the Deputy with a view to including them as part of a multi-annual school building programme from 2005. I expect to make further announcements in this regard before the end of the year.

Institutes of Technology.

John Gormley

Question:

536 Mr. Gormley asked the Minister for Education and Science the plans his Department has to fulfil its promise regarding the continued support for the ITE’s research functions; and if he will make a statement on the matter. [22350/04]

John Gormley

Question:

537 Mr. Gormley asked the Minister for Education and Science if he has discussed the future of the approximately 20 ITE workers who for the past nine months have worked under daily threat of redundancy; and if he will make a statement on the matter. [22351/04]

I propose to take Questions Nos. 536 and 537 together.

At an extraordinary general meeting of ITE, held on 18 July 2003, the company agreed to initiate a process of voluntary liquidation. This decision was a matter for the members in accordance with their memorandum and articles of association and relevant company law and was not related to financial considerations.

I understand that a meeting of the executive committee of ITE on 5 December 2003 agreed a timetable for the appointment of a liquidator, who was subsequently appointed on 9 January 2004, and agreed to issue redundancy notices to staff in advance of this.

My Department has given a commitment to provide every assistance to the company in giving effect to its decision, in partnership with the staff of the institute and has been working closely with the liquidator since his appointment in this regard. This includes exploring possible arrangements for the continuation of certain research activities previously carried out by the institute and, in the interests of assisting with an orderly wind-up, facilitating appropriate redeployment or other appropriate arrangements for staff in line with general public service policy in these matters and subject to agreement with the Department of Finance.

A number of ITE staff have been redeployed at this stage and all options that may be available for remaining staff continue to be explored by my Department. The period of notice of redundancy for staff at ITE has been periodically extended by the liquidator to take account of the ongoing process of pursuing redeployment options and of the interim operational needs of the company during the wind-up period. I understand from the liquidator that he has extended the current period of notice of redundancy for remaining staff to 15 October 2004. Officials from my Department have met with all members of staff of ITE and my Department remains in ongoing contact with remaining ITE staff individually, through the liquidator, and through their union representatives in order to keep them appraised as developments occur. The entitlements of those employees for whom appropriate redeployment arrangements are not made will be determined in accordance with the terms of their contracts.

Legislative Programme.

David Stanton

Question:

538 Mr. Stanton asked the Minister for Education and Science the sections of the Education for Persons with Special Educational Needs Act 2004 that are in operation; the timescale for bringing into force other sections of the Act; and if he will make a statement on the matter. [22354/04]

The Education for Persons with Special Educational Needs Act 2004 was enacted on 19 July and to date no commencement orders have been made.

One of the key provisions of the Act is the establishment of the National Council for Special Education. The council already exists on an interim basis as a body established by order under section 54 of the Education Act 1998. It is preparing, in consultation with my Department, to take up its range of functions under the Act. It has an administrative staff of 16 and has recently appointed 70 special educational needs organisers who are currently undergoing training.

The Act provides, except in respect of sections 19 to 21, that the National Council for Special Education will prepare an implementation report which will, among other things, advise me on appropriate dates for the commencement of the Act. The council will report to me within one year of its establishment under the Act and the implementation report will provide for the full commencement and implementation of the Act within five years of the establishment day. While I have not yet determined a date for the establishment day I am required by the Act to ensure that that happens within one year of its enactment.

Until I have received the implementation report of the council it would not be proper for me to comment further on the commencement.

Departmental Procedures.

David Stanton

Question:

539 Mr. Stanton asked the Minister for Education and Science if mechanisms exist to ensure that interview boards established under the auspices of his Department and which comprise of two or more persons are gender balanced; and if he will make a statement on the matter. [22362/04]

It has been the practice in the Department of Education and Science for a number of years to ensure that there is representation from both genders and, where possible, gender balance on interview boards for internal competitions organised by the Department.

The human resource strategy for the Department of Education and Science which was developed through a partnership sub-committee representative of staff, management and unions, sets out HR management objectives and proposed actions, and outlines various HR policies, for the Department. Internal promotion processes outlined in the strategy include a commitment to ensure that both genders are represented on any interview board and also to ensure, in so far as is possible, that there is gender balance on such boards.

School Accommodation.

Pádraic McCormack

Question:

540 Mr. McCormack asked the Minister for Education and Science when the porto cabin prefab school will be supplied to a school at (details supplied), Renmore, Galway; and if he will make a statement on the matter. [22372/04]

An application for temporary accommodation was received from the mangement authority of Gaelscoil Dara, Renmore, Galway to accommodate an additional teaching post. Approval was given by my Department to grant aid rental of a portacabin to cater for this need.

School Transport.

Paul Nicholas Gogarty

Question:

541 Mr. Gogarty asked the Minister for Education and Science the plans in place to address the severe lack of space on school buses for pupils travelling from Blackwater to Wexford town; and if he will make a statement on the matter. [22373/04]

My Department has requested a report from the transport liaison officer, County Wexford VEC. The matter will be considered on receipt of this report.

Paul Nicholas Gogarty

Question:

542 Mr. Gogarty asked the Minister for Education and Science if some parents are being forced, out of economic necessity, to send their children to a school (details supplied) due to a shortage of school bus places; the measures proposed to redress this situation; and if he will make a statement on the matter. [22374/04]

My Department has requested a report on the matter from the transport liaison officer County Wexford VEC. The case will be examined on receipt of the report.

Paul Nicholas Gogarty

Question:

543 Mr. Gogarty asked the Minister for Education and Science if a full review of the school bus catchment areas and boundaries will be carried out in view of the fact that there has been no major change since 1969 and the tremendous demographic and educational changes that have taken place since then. [22375/04]

For the purposes of post-primary education provision, the country is divided into catchment areas each of which has its own post-primary education centre. These areas were drawn up in the late 1960s in the context of the free education scheme. The catchment boundaries were determined following consultation with local educational interests and the intention was that certain primary schools would feed exclusively into each centre. A relatively small number of primary schools are shared between two or more centres.

My Department has no plans at present to carry out a full review of all catchment area boundaries.

Special Educational Needs.

Michael Ring

Question:

544 Mr. Ring asked the Minister for Education and Science when a person (details supplied) in County Mayo will be provided with a special needs assistant, following his assessment in 2003; and the help available to him. [22376/04]

I understand that a school in the area referred to by the Deputy has made an application to establish a special class for autism which may cater for the needs of the pupil in question. Provision is made in such classes for special needs assistant support.

The application is currently being processed by my Department and the school will be notified of the outcome as soon as possible.

Bernard J. Durkan

Question:

545 Mr. Durkan asked the Minister for Education and Science if a person (details supplied) in County Kildare will be awarded a full time care assistant; and if he will make a statement on the matter. [22377/04]

My Department has sanctioned a special needs assistant for 23.3 hours per week for the pupil in question. This post has been sanctioned on a temporary basis and is subject to review. The school authorities have been informed of this decision.

Higher Education Grants.

Bernard J. Durkan

Question:

546 Mr. Durkan asked the Minister for Education and Science the funding options or assistance available and which can be offered to a person (details supplied) in County Kildare; and if he will make a statement on the matter. [22378/04]

Under the terms of the higher education grant scheme, administered by the local authorities under the aegis of the Department of Education and Science, a student is not eligible for grant assistance in respect of a second period of study at the same level, irrespective of whether a grant was paid previously. The scheme also provides that grants may not be paid to candidates who already hold a postgraduate qualification and are pursuing a second postgraduate qualification.

However, clause 7.7 of the HEG scheme 2003 provides financial assistance to eligible candidates who already hold a postgraduate qualification and who wish to enter a further postgraduate course at a higher level which represents progression from the level at which the first qualification was attained.

Notwithstanding the provision for progression at undergraduate and postgraduate level, the objective of the schemes of student support is to assist as many students as possible in obtaining at least one undergraduate and one postgraduate degree.

In relation to students who hold a Masters in Law and are pursuing the Professional Practice Course 1 and 2, considering that the Masters held in such cases, is in discipline of law, and the students concerned are continuing to study law full-time and must complete the PPC 1 and 2 in order to practice as a solicitor, candidates may be considered under the HEG scheme subject to the usual terms and conditions of funding.

Section 21 of the Finance Act 2000 provided for the introduction of tax relief for postgraduate fees paid in publicly funded colleges here and in other EU member states as well as in private colleges in the State. This tax relief is applied at the standard rate of tax and will be available to full time and part time postgraduate students. Further details and conditions regarding this tax relief are available from local tax offices.

School Staffing.

Seán Ryan

Question:

547 Mr. S. Ryan asked the Minister for Education and Science if the appointment of a classroom assistant will be sanctioned for a school (details supplied) in County Clare; and if so, when the appointment will be sanctioned. [22403/04]

I take it the Deputy is referring to a specific request for special needs assistant, SNA, support for a junior infant attending the school in question. This application does not meet the criteria for SNA support under the terms of my Department's circular 07/02.

The application will be reconsidered if additional information regarding the pupil's care support needs is received in my Department.

Question No. 548 answered with QuestionNo. 493.

Special Educational Needs.

John McGuinness

Question:

549 Mr. McGuinness asked the Minister for Education and Science the action that has been or will be taken by his Department in response to an application from a school (details supplied) in County Kilkenny regarding the need for extra teaching hours and special tuition in the case of a person (details supplied) who suffers from Asperger’s syndrome; the reason there was no response from his Department in the school year 2003-04; and if he will make a statement on the matter. [22423/04]

My Department allocates additional teaching support and special needs assistant support to second level schools and vocational education committees to cater for pupils with special educational needs. Applications for such support are made to my Department by the relevant school authority. Each application is considered on the basis of the assessed needs of the pupils involved and the nature and level of the support provided is determined on the advice of the psychological service.

An application seeking additional resources to address the special educational needs of a number of pupils in the school concerned, including the pupil referred to by the Deputy, was submitted to my Department by County Kilkenny VEC. Following consideration of the application, my Department allocated an additional ten teaching hours per week for the 2004-05 school year to address the needs of the pupils concerned.

An application for additional resources for the 2003-04 school year in respect of the pupil in question was received by my Department. As the pupil concerned was not enrolled by a school attached to the VEC at that time no resources could be allocated and the principal of the school was advised accordingly.

School Accommodation.

John McGuinness

Question:

550 Mr. McGuinness asked the Minister for Education and Science when the temporary accommodation will be provided for a school (details supplied) in Kilkenny; if the process will be expedited; and if the accommodation will be on site without further delay. [22424/04]

John McGuinness

Question:

551 Mr. McGuinness asked the Minister for Education and Science if the prefabs for use by a school (details supplied) have been purchased or leased; the cost of same; the date when the accommodation will be erected on site; the status of the plan for a new school; and if he will make a statement on the matter. [22425/04]

I propose to take Questions Nos. 550 and 551 together.

Tenders for the rental of temporary accommodation for the school referred to by the Deputy were recently received in my Department. These are currently being examined. When a decision has been taken in the matter, the school authority will be informed directly.

Special Educational Needs.

John McGuinness

Question:

552 Mr. McGuinness asked the Minister for Education and Science if he will approve as a matter of urgency a full-time assistant for a person (details supplied) in County Kilkenny; and if he will make a statement on the matter. [22426/04]

Following a review, my Department has approved a special needs assistant for 18.5 hours and five hours resource teaching per week for the person in question.

The school authorities have been informed of this decision.

Schools Building Projects.

John McGuinness

Question:

553 Mr. McGuinness asked the Minister for Education and Science the action taken on a submission made by a school (details supplied) in County Kilkenny; and if he will make a statement on the matter. [22427/04]

I have previously announced my intention to publish, for the first time ever, a multi-annual school building programme.

My officials are nearing completion of a review of all projects in line with the revised prioritisation criteria that resulted from consultation with the partners. The purpose of the review is to enable and inform a multi-annual approach to the school building programme.

I expect to be providing details of this multi-annual programme before the end of the current year.

School Transport.

John McGuinness

Question:

554 Mr. McGuinness asked the Minister for Education and Science if he will review the decision taken in relation to the bus route for a school (details supplied), County Kilkenny; and if he will make a statement on the matter. [22428/04]

The case was considered by the school transport appeals board which decided to reject the appeal.

The board is independent of my Department and it would not be appropriate for me to intervene in this case.

Schools Refurbishment.

John McGuinness

Question:

555 Mr. McGuinness asked the Minister for Education and Science if he will issue approval to a school (details supplied) in County Kilkenny to proceed with a plan of work for the school as recommended by a feasibility study submitted to his Department; if funding for the necessary remedial works as outlined in a letter to his Department on 15 March 2002 will be granted; if a comprehensive response to the reports and documents sent to his Department will be issued as soon as possible; and if he will make a statement on the matter. [22429/04]

I have previously announced my intention to publish, for the first time ever, a multi-annual school building programme.

My officials are nearing completion of a review of all projects in line with the revised prioritisation criteria that resulted from consultation with the partners. The purpose of the review is to enable and inform a multi-annual approach to the school building programme.

I expect to be providing details of this multi-annual programme before the end of the current year.

Special Educational Needs.

David Stanton

Question:

556 Mr. Stanton asked the Minister for Education and Science, further to Parliamentary Question No. 256 of 6 July 2004, the action he has taken to ensure that the person has received special needs or resource teacher provision as recommended; and if he will make a statement on the matter. [22448/04]

An application for 3.5 hours per week resource teaching support for the pupil referred to by the Deputy has been reviewed by my Department.

The application in question did not meet the criteria for resource teaching hours as per my Department's circulars. It will be reconsidered if additional information in relation to the pupil's teaching needs is received in my Department.

Schools Recognition.

Seán Ó Fearghaíl

Question:

557 Mr. Ó Fearghaíl asked the Minister for Education and Science if he will review the situation that exists at the former Sundai School, Green Road, Newbridge, County Kildare with a view to making the vacant buildings there available to a school (details supplied) in County Kildare thereby facilitating the establishment of an Irish language campus, incorporating this school on lands owned by his Department. [22453/04]

It is the responsibility of the management authorities of the school to which the Deputy refers to ensure that there are adequate facilities to accommodate the school until such time as my Department is in a position to address its long-term needs. In the context of the school's application for provisional recognition, this position was made very clear to the school's patron.

A number of options are being considered for the use of the former Sundai school. It is expected that a decision regarding the future use of the premises will be made shortly.

School Transport.

Michael Ring

Question:

558 Mr. Ring asked the Minister for Education and Science if the school transport service provided to the children of a person (details supplied) in County Mayo can be extended in a similar way to the service provided many years ago. [22495/04]

My Department has requested a report on this case from the transport liaison officer, County Mayo VEC. The case will be considered as soon as the report has been received.

Third Level Fees.

John Perry

Question:

559 Mr. Perry asked the Minister for Education and Science if the fees for a person (details supplied) in County Sligo will be waived or reduced; and if he will make a statement on the matter. [22496/04]

The decision on eligibility for third level grants is a matter for the relevant local authority or VEC. These bodies do not refer individual applications to my Department except, in exceptional cases, where, for example, advice or instruction regarding a particular clause in the relevant scheme is desired. It appears that no such advice or instruction has, to date, been sought in the case of the student referred to by the Deputy.

If an individual applicant considers that she or he has been unjustly refused a maintenance grant, or that the rate of grant awarded is not the correct one, he or she may appeal to the relevant local authority or VEC.

Where an individual applicant has had an appeal turned down, in writing, by the relevant local authority or VEC, and remains of the view that the body has not interpreted the schemes correctly in his-her case, a letter outlining the position may be sent to my Department. Alternatively, as already indicated, the local authority or VEC may, itself, in exceptional circumstances, seek clarification on issues from my Department.

However, it is not open to me, or my Department, to depart from the terms of the maintenance grants schemes in individual cases. Apart from the funding provided through the student support maintenance grant schemes, financial assistance is also available from my Department through the student assistance fund. The objective of the fund is to assist students, in a sensitive and compassionate manner, who might otherwise, due to their financial circumstances, be unable to continue their third level studies. Further information on this fund is available from the student access officer at NUI Galway.

School Accommodation.

Jimmy Deenihan

Question:

560 Mr. Deenihan asked the Minister for Education and Science the position regarding the provision of extra classroom space for autistic children at a school (details supplied) in County Kerry; and if he will make a statement on the matter. [22497/04]

My Department's school building section recently offered an all in-grant for the provision of an autistic unit at this school to the board of management on a devolved basis. This will enable the board of management to provide for 86 sq metre of accommodation in either permanent or temporary accommodation.

Schools Building Projects.

Jimmy Deenihan

Question:

561 Mr. Deenihan asked the Minister for Education and Science the position regarding the proposed extension to a school (details supplied) in County Kerry; and if he will make a statement on the matter. [22498/04]

The 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.

My officials are nearing completion of a review of all projects in line with the revised prioritisation criteria that resulted from consultation with the partners. The purpose of the review is to enable and inform a multi annual approach to the school building programme.

I expect to be providing details of this multi annual programme before the end of the current year. The application from the school referred to is being considered in this regard.

School Transport.

Bernard J. Durkan

Question:

562 Mr. Durkan asked the Minister for Education and Science the position in relation to provision of school transport on the 67/67A bus for a person (details supplied) in County Kildare; and if he will make a statement on the matter. [22499/04]

The pupil to whom the Deputy refers is not basically eligible for school transport as he is not attending his nearest Gaelscoil. My Department has already communicated that decision to his parents.

Institutes of Technology.

John Deasy

Question:

563 Mr. Deasy asked the Minister for Education and Science the per capita grant available to the Dublin Institute of Technology, the Cork Institute of Technology and the Waterford Institute of Technology; if funding for the Waterford Institute of Technology will be brought in line with other institutes; and if he will make a statement on the matter. [22515/04]

A unit cost system of allocating funds to the institutes of technology has not yet been developed.

The annual budget for each institute is at present allocated on the basis of its total pay and non-pay requirements following consideration of its annual programmes and budget submission which is required under the RTC-DIT Acts. The allocation takes into account the complexity of each institute, the range of courses and facilities offered to students, the total number of students, both full-time and part-time, and the nature of the infrastructure. Decisions on the allocations also have regard to government policy and priorities.

With regard to funding for the Waterford Institute of Technology, my Department's provisional budget to the institute for 2004 is €41.6 million. This compares with a budget of €39.6 million in 2003, an increase of 5.1%. This compares with an increase of 4.5% to the Dublin Institute of Technology and 4.4% to the Cork Institute of Technology.

Schools of Music.

John Deasy

Question:

564 Mr. Deasy asked the Minister for Education and Science if he will grant full recognition to the Waterford Institute of Technology school of music; and if he will make a statement on the matter. [22516/04]

John Deasy

Question:

565 Mr. Deasy asked the Minister for Education and Science if he will investigate the circumstances surrounding the proposed changes at the WIT school of music to determine whether proper procedures were adhered to within the institute; and if he will make a statement on the matter. [22517/04]

I propose to take Questions Nos. 564 and 565 together.

The Waterford Institute of Technology is a statutory body established under the Regional Technical Colleges Act 1992. Under that Act, the governance and day to day activities of the institute are matters for which the governing body and the management staff of the Institute are responsible. This includes decisions in relation to the operation and management of the WIT school of music.

Institutes of Technology.

John Deasy

Question:

566 Mr. Deasy asked the Minister for Education and Science his views on the recent OECD report which recommends that no additional university status be granted to colleges here. [22518/04]

The OECD report on the higher education sector in Ireland makes a series of far-reaching recommendations for structural and institutional reform as well as addressing wider policy and funding issues. The extensive consultation that took place with all of the key stakeholders and the expertise of the distinguished team assembled by the OECD Education Directorate to conduct the review, lend considerable weight to these recommendations.

The analysis of the review team in relation to the strategic framework within which Irish higher education should develop and in relation to the roles of institutions within a unified higher education system is extremely welcome. The report emphasises the great strengths that the institute of technology sector have brought to the Irish system. The differentiated focus of the institute of technology and university sectors has been a key factor in successfully meeting the varying needs of students, the economy and society.

The report advocates that this diversified approach should be maintained as part of a unified higher education system in which strong emphasis is laid on inter-institutional collaboration. It recommends a single funding and policy advisory authority for the university and institute of technology sectors to support this approach and recommends greater managerial autonomy for the institutes of technology in allowing them to develop their roles within this strategic framework. The emphasis in the report on defining the institute of technology sector as an equal partner with the university sector in a dynamic, binary, higher education system is important in this regard.

The OECD review team has emphasised the integrated nature of the full set of recommendations of the report. In this regard, it would not be appropriate to focus on any single recommendation in isolation in advance of full consideration of the report, in its entirety, by my Department, the Government and wider stakeholders. I look forward to working constructively with the HEA, leadership in the university and institute of technology sectors, my Government colleagues and the various other agencies and interests in the sector in considering and taking forward the extremely important agenda that the OECD have presented.

Question No. 567 answered with QuestionNo. 493.

Residential Institutions Redress Scheme.

Finian McGrath

Question:

568 Mr. F. McGrath asked the Minister for Education and Science if a person (details supplied) in Dublin 8 will be given the maximum advice and support; and if that person’s application to the Residential Institutions Redress Board will be speeded up. [22529/04]

The Residential Institutions Redress Board is independent of my Department and it is not open to me, nor would it be appropriate, to intercede on behalf of an individual applicant. Details of the redress board's application procedures are posted on the board's website at www.rirb.ie.

It is open to a former resident to make an application to the board directly. However, in the event they require assistance in submitting an application he or she can engage the services of a solicitor and the redress board will meet all reasonable costs associated with such an application.

Adult Education.

Finian McGrath

Question:

569 Mr. F. McGrath asked the Minister for Education and Science if a person (details supplied) will be supported in their efforts to obtain the VTOS allowance and given the maximum advice and assistance. [22530/04]

In order to be eligible for a VTOS allowance an applicant must be in receipt of either unemployment benefit or unemployment assistance for at least six months. This training allowance is paid in lieu of a person's unemployment benefit or assistance entitlement.

Based on the information supplied by the deputy, the person in question does not appear to meet the VTOS eligibility criteria. However, I would suggest that he should contact the Adult Education Organiser, CDU, Sundrive Road, Crumlin, Dublin 12 (tel. 4565487) for advice on the adult education options that may be available to him.

Pupil-Teacher Ratio.

Finian McGrath

Question:

570 Mr. F. McGrath asked the Minister for Education and Science if support will be given to the Institute of Guidance Counsellors in its demands concerning the ratio of guidance counsellors to pupils in the post-primary sector that it revert to that of an ex-quota counsellor to 250 pupils instead of one to 500 pupils; and if the institute will be given his maximum support. [22531/04]

Under current arrangements, my Department makes a specific ex-quota allocation of teaching posts in respect of guidance to schools in the second level system. In the case of schools in the free education scheme, the level of allocation ranges from eight hours per week in the case of schools with enrolments below 200 pupils to 44 hours per week — two whole-time posts — in the case of schools with an enrolment of 1,000 pupils or more.

In addition to allocations based on enrolments, 50 whole-time equivalent guidance counselling posts were allocated in the 2001-02 school year under the guidance enhancement initiative. The focus of this initiative was to enhance the provision of guidance to young people at risk, to improve links between schools and the world of work and to improve the take-up of science subjects.

In allocating resources for guidance and counselling under this initiative, my Department set out criteria which target the resource at those most in need rather than allocating resources on the basis of student to guidance counsellor ratios. The preliminary findings of the review of guidance and counselling carried out by the ESRI confirm that this method of targeting resources for guidance is the best way to reach those students who are disadvantaged.

I have recently announced an extension of the guidance enhancement initiative for a further two years and I have also created an additional 30 guidance posts under this initiative from the commencement of the current school year. This decision reflects the importance which I attach to the area of guidance.

Question No. 571 taken with QuestionNo. 493.

Schools Planning.

Richard Bruton

Question:

572 Mr. R. Bruton asked the Minister for Education and Science if he will outline the work of the Dublin Schools Planning Committee; the proposals which have emanated from this committee in relation to future educational facilities and needs in the Dublin 24 area, as a result of forthcoming planning developments; and if he will make a statement on the matter. [22533/04]

The school planning section works closely with the four local authorities in the Dublin region in monitoring demographic changes and assessing the likely impact of planned new developments. A dedicated forum, the Dublin School Planning Committee, chaired by the school planning section of my Department, interacts with the Dublin local authorities. This forum comprises representatives of the local authorities in Dublin and representatives of the patron bodies of primary schools. It meets twice a year.

The Dublin School Planning Committee acts as an initial point of contact where the local authorities can signal to my Department and the patron bodies anticipated demand for school provision. Detailed discussions regarding reservation of sites, scale and timeframe for developments take place at this forum.

Arising from these processes, sites for primary school purposes have been reserved at Fortunestown and Ballycullen. A decision on the provision of new schools in these areas will involve further consultations with the local authority regarding the rate and likely timescale of housing developments, together with an ongoing assessment of the capacity of existing schools in the area to meet the anticipated demand.

School Transport.

Beverley Flynn

Question:

573 Ms Cooper-Flynn asked the Minister for Education and Science the reason a person (details supplied) in County Mayo is forced to travel 2.7 miles to a pick up point in order to avail of school transport to his school. [22538/04]

An extension of service has been sanctioned by my Department to facilitate the pupil concerned. Bus Éireann has been advised of my Department's decision.

School Placement.

Tony Gregory

Question:

574 Mr. Gregory asked the Minister for Education and Science the assistance his Department can give to locate a place in a secondary school or in a special school for a person (details supplied) in Dublin 1; and if in the interim, special tuition is arranged and if it can take place in a local school. [22539/04]

The National Educational Welfare Board is aware of the person referred to by the Deputy and are currently working with the family and with schools to secure a placement in a post primary school.

I am informed that the family are awaiting the decision of the board of management of a school regarding their application for enrolment. The family have been advised regarding their entitlement to appeal a decision to refuse enrolment, if such is the case, to the Secretary General of my Department under Section 29 of the Education Act 1998.

In the interim, my Department has sanctioned nine hours per week home tuition for the child. The educational welfare officer is currently assisting the child's parents in locating a tutor and a suitable venue for the home tuition. Due consideration will be given to the home tuition taking place in O'Connell's school.

Schools Refurbishment.

Paul Nicholas Gogarty

Question:

575 Mr. Gogarty asked the Minister for Education and Science his Department’s position regarding the provision of funding to repair school roofs should such roofs be in a state of disrepair. [22540/04]

There are a number of schemes funded by my Department from which roof repair projects can be addressed.

Under the grant scheme for minor works to national school properties, which came into operation in January 1997, all national schools receive funding annually. Items such as the replacement of windows, roof repairs, resurfacing of school yard, repainting and redecorating qualify as improvements to school building and grounds and come within the scope of the minor works covered by this grant. Details are available on my Department's website at www.education.gov.ie.

The summer works scheme, SWS, provides capital grants for necessary small-scale works that can be planned and delivered during the summer months. Applications are considered under the terms and conditions of the scheme. The closing date for receipt of applications for the 2005 summer works scheme is 5 November 2004 and details of the 2005 summer works scheme are available on my Department's website at www.education.gov.ie.

Where the scope of the works required is too extensive to be carried out under SWS it is open to schools to make application for inclusion in the school building programme. Application forms for grant aid for major capital works — form FLE and form SLE — are available on my Department's website at www.education.gov.ie.

Paul Nicholas Gogarty

Question:

576 Mr. Gogarty asked the Minister for Education and Science if funding will be provided to facilitate urgent roof repairs at a school (details supplied). [22541/04]

Paul Nicholas Gogarty

Question:

577 Mr. Gogarty asked the Minister for Education and Science if funding will be provided to facilitate urgent roof repairs at a school (details supplied). [22542/04]

Paul Nicholas Gogarty

Question:

578 Mr. Gogarty asked the Minister for Education and Science if funding will be provided to facilitate urgent roof repairs at a school (details supplied). [22543/04]

Paul Nicholas Gogarty

Question:

579 Mr. Gogarty asked the Minister for Education and Science if funding will be provided to facilitate urgent roof repairs at a school (details supplied). [22544/04]

I propose to take Questions Nos. 576 to 579, inclusive, together.

A roof project for the schools referred to by the Deputy is listed in section 9 of the 2004 school building programme which is published on my Department's website at www.education.ie. This project has a band 3 rating and is at early stages of architectural planning.

My Department's officials are currently reviewing all projects that were not authorised to proceed to construction as part of the 2004 school building programme including the schools in question with a view to including them as part of a multi-annual school building programme from 2005. I expect to make further announcements in this regard before the end of the year.

School Transport.

Jim O'Keeffe

Question:

580 Mr. J. O’Keeffe asked the Minister for Education and Science the reason an extension to school transport (details supplied) in County Cork was refused; and the position regarding a request from parents for a paid extension. [22545/04]

The families to whom the Deputy refers reside between 0.5 miles and 1.3 miles from the bus route and have a level of service within my Department's 1.5 mile guideline. In the circumstances, a re-routing of service at additional cost is not warranted. However, one of the families concerned has expressed an interest in a payable extension/re-routing by the parents, and details of costs and terms and conditions have been explained to them.

Special Educational Needs.

John Perry

Question:

581 Mr. Perry asked the Minister for Education and Science when the appointment of the special needs assistant for a person (details supplied) in County Sligo will be put in place; the reason for the delays; and if he will make a statement on the matter. [22551/04]

An application for 15 hours per week part-time special needs assistant, SNA, support has been received for the pupil referred to by the Deputy.

It has been my intention for some time to carry out a general review of SNA support levels and deployment in mainstream national schools. Bearing in mind the view expressed by schools that any such review should have regard to the actual situation on the ground, I have decided that the process should involve a visit to each school which has SNA support. Arrangements are being made for this review to commence at an early date and a further communication will issue to schools in this regard.

Decisions regarding the appropriate level of SNA support in individual schools will be based on the outcome of this review. Pending notification of the outcome, schools have been advised by my Department that, if they have surplus SNA capacity, they may retain the excess up to the level of applications made to the Department for which a response is awaited.

School Transport.

Paul Connaughton

Question:

582 Mr. Connaughton asked the Minister for Education and Science the reason persons (details supplied) in County Galway have not been facilitated with school transport tickets this season; and if he will make a statement on the matter. [22556/04]

A report on this case has been requested from the transport liaison officer, County Galway VEC, and when the report has been received and considered, the family will be advised of the outcome.

Institutes of Technology.

Charlie O'Connor

Question:

583 Mr. O’Connor asked the Minister for Education and Science his plans to accept the recommendation of the Higher Education Authority to support the IT Tallaght for the implementation of its expansion plans; the contacts with the IT Tallaght in the matter; and if he will make a statement on the matter. [22607/04]

I welcome the report of the capital review and prioritisation working group on the future capital needs in the third level sector which I published recently. The report identifies an overall estimated Exchequer requirement of almost €1.9 billion capital funding for the third level sector over a ten year period. The report and its proposals for the phasing of funding, including funding for the Institute of Technology, Tallaght, will have to be considered in the context of the ongoing Estimates process.

School Funding.

Paul Nicholas Gogarty

Question:

584 Mr. Gogarty asked the Minister for Education and Science the actions that can be taken to prevent schools from seeking specific sums as voluntary contributions, in view of the fact that this puts pressure on parents to pay at least the set amount and creates the impression that such a donation is mandatory; his views on whether such voluntary contributions are sought due to under-funding of schools; and if he will make a statement on the matter. [22617/04]

Significant improvements in the levels of direct funding of schools have been made in recent years. The standard rate of capitation grant for primary schools has been increased from €57 in 1997 to €121.58 per pupil from 1 January last, an increase of almost 113%. In the case of secondary schools, the standard per capita grant now amounts to €274 from 1 January last as against the rate of €224.74 that applied in 1997. In the case of disadvantaged schools this increase has brought the total per capita grant to €312. In addition, the support grant that was introduced under the school services support initiative was also increased from 1 January last and now stands at €131 per pupil. This increase is in addition to the range of equalisation grants of up to €15,554 per school per annum that was approved in December 2001.

The manner in which voluntary contributions are sought from local communities for optional extras over and above what is provided for in the general primary school programme is a matter for school principals and managements. Voluntary contributions by parents and others are allowed under the free education scheme. The extent of such fund raising, by and on behalf of schools, is determined by a range of socio-economic factors, including the level of local initiative and the need for additional facilities and curriculum provision as perceived by parents and the wider community. In all circumstances the contributions must be voluntary. It is a fundamental principle of the free post-primary education scheme that no charge be made in respect of instruction in any subject of the Department's programme for secondary schools; recreation or study facilities where all the pupils are expected to avail themselves of them as part of the school programme; or any other activity in which all pupils are required to take part.

Voluntary contributions by parents or charges for optional extras over and above what is provided for in the general school programme are permissible under the scheme provided it is made absolutely clear to parents that there is no question of compulsion to pay and that, in making a contribution, they are doing so of their own volition.

Special Educational Needs.

Róisín Shortall

Question:

585 Ms Shortall asked the Minister for Education and Science the reasons the same arrangements made for a person (details supplied) at their previous school are not been made at their new one; if he will take immediate steps to rectify this situation; and if he will make a statement on the matter. [22618/04]

I wish to advise the Deputy that, following a review of this case, my Department has approved four hours resource teaching per week for the pupil in question. The school authorities have recently been informed of this decision.

The Deputy may not be aware that when a pupil in receipt of special educational resources transfers to another school, an application to transfer the resources must be lodged with my Department. In effect, these resources are then reviewed as the child's needs may have changed since the support was originally sanctioned. In the case in question, an application was received and, as the pupil is a new entrant to this school, the application was given priority. However, the application does not meet the criteria for special needs assistant support, SNA, under the terms of my Department's circulars. The application for SNA support will be reconsidered if additional information on the pupil's care support needs is received in my Department.

Pupil-Teacher Ratio.

Fergus O'Dowd

Question:

586 Mr. O’Dowd asked the Minister for Education and Science if, in view of the increased enrolment at a school (details supplied) in Dundalk, he will reconsider the overcrowded classrooms with an average class size now of 33 pupils and increase the teacher allocation for this school. [22619/04]

The staffing of a primary school is determined by reference to the enrolment of the school on 30 September of the previous school year. This is in accordance with guidelines agreed between my Department and the education partners.

The enrolment of the school referred to by the Deputy at 30 September 2003 was 233 pupils, which warrants a staffing of principal plus eight mainstream posts for the 2004-05 school year.

School authorities should ensure that there is an equitable distribution of pupils in mainstream classes and that the differential between the largest and the smallest classes is kept to a minimum. To ensure transparency and openness in the system an independent appeals board is now in place to decide on any appeals on mainstream staffing.

The staffing of St. Malachy's national school for the 2004-05 school year was considered by the appeals board on 3 June 2004. The board, having considered the appeal with regard to the criteria outlined in Department circular 19/02, was satisfied that a departure from the staffing schedule is not warranted in this case. The Deputy will appreciate that it would not be appropriate for me to intervene in the operation of the independent appeals board.

Third Level Funding.

Jan O'Sullivan

Question:

587 Ms O’Sullivan asked the Minister for Education and Science if he will provide funding in the estimates for 2005 to commence projects at a college in Limerick; and if he will make a statement on the matter. [22620/04]

I recently published the report of the capital review and prioritisation working group on the future capital needs in the third level sector. The report identifies an overall estimated Exchequer requirement of almost €1.9 billion capital funding for the sector over a ten year period. The report and its proposals in relation to the phasing of funding, including funding for Mary Immaculate College, Limerick, will have to be considered in the context of the ongoing Estimates process.

School Placement.

Jan O'Sullivan

Question:

588 Ms O’Sullivan asked the Minister for Education and Science if arrangements have been made for all of the school children who were without secondary places in County Limerick; the alternatives that have been provided for those who are not in mainstream schooling; and if he will make a statement on the matter. [22621/04]

Officials of my Department and the National Educational Welfare Board, NEWB, met with a number of post-primary schools in Limerick city on 16 September to discuss the cases of 20 children who were then without a post-primary school place in the city for the current school year.

The parents of 12 of these children had expressed a desire that their children attend a mainstream school. Agreement was reached on the offer of a school place to these 12 children. The NEWB is currently engaged with eight other young people who dropped out of the mainstream education system in previous years. These young people have been in receipt of intermittent education provision since dropping out. The NEWB is working closely with my Department to ensure that these young people have access to an alternative structured educational provision.

Home Tuition.

Jan O'Sullivan

Question:

589 Ms O’Sullivan asked the Minister for Education and Science when a decision will be made by his Department on an application for a home tuition grant for a person (details supplied) in County Cork; and if he will make a statement on the matter. [22622/04]

I wish to inform the Deputy that 15 hours per week home tuition until the end of December 2004 has been sanctioned for the child in question.

School Staffing.

Seán Ryan

Question:

590 Mr. S. Ryan asked the Minister for Education and Science if he will report on the need for an additional teacher for a school (details supplied) in County Dublin; and when this appointment will be sanctioned. [22649/04]

The staffing of a primary school for a particular school year is determined by reference to the enrolment of the school on 30 September of the previous school year. This is in accordance with guidelines agreed between my Department and the education partners.

The enrolment of the school referred to by the Deputy at 30 September 2003 was 116 pupils, which warrants a staffing of principal plus three mainstream posts for the 2004-05 school year. The school also has a learning support teacher and a resource teacher.

To ensure transparency and openness in the system, an independent appeals board is now in place to decide on any appeals on mainstream staffing. The staffing of this school for the 2004-05 school year was considered by the appeals board in June 2004. The board, having considered the appeal with regard to the criteria outlined in Department circular 19/02, was satisfied that a departure from the staffing schedule is not warranted in this case.

The board of management of the school was notified in writing of the decision of the appeals board on 8 June 2004. I am sure the Deputy will appreciate that it would not be appropriate for me to intervene in the operations of the independent appeals board.

Departmental Expenditure.

Seán Ryan

Question:

591 Mr. S. Ryan asked the Minister for Education and Science the amount of expenditure on consultancy by his Department in 2000, 2001, 2002 and 2003; the number of consultants engaged by his Department in those years; and the number of these consultants who were former staff from his Department and the amount paid to them. [22650/04]

The information requested by the Deputy is being compiled in my Department at present and will be forwarded directly to him.

Schools Building Projects.

Trevor Sargent

Question:

592 Mr. Sargent asked the Minister for Education and Science when the Comptroller and Auditor General’s report on the grouped schools pilot partnership project will be published. [22652/04]

The value for money report on the grouped schools public private partnership project was published on Tuesday, 28 September 2004.

Trevor Sargent

Question:

593 Mr. Sargent asked the Minister for Education and Science when he will announce new projects under the PPP scheme; and if these new projects will include primary as well as post-primary schools. [22653/04]

Consideration of any new PPP projects will be based on an evaluation of the completed pilot PPP schools project together with a thorough assessment of affordability of any new projects in the context of the competing demands on the capital funding envelopes going forward.

School Transport.

John Deasy

Question:

594 Mr. Deasy asked the Minister for Education and Science if he has initiated discussions with local educational interests in relation to a review of the catchment areas for school transport purposes; and if he will make a statement on the matter. [22654/04]

For the purposes of post-primary education provision, the country is divided into catchment areas, each of which has its own post-primary education centre. These areas were drawn up in the late 1960s in the context of the free education scheme. The catchment boundaries were determined following consultation with local educational interests and the intention was that certain primary schools would feed exclusively into each centre.

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

Under the rules for the post-primary school transport scheme, pupils eligible for transport may be transported to the post-primary centre which caters for the catchment area in which they live. Where eligible pupils attend school at a centre other than the post-primary centre which caters for the catchment area in which they live, they may be allowed the concession of transport from the catchment boundary of the centre attended, provided there is room for them on a bus serving that centre.

Departmental Correspondence.

Seán Haughey

Question:

595 Mr. Haughey asked the Minister for Education and Science if he will confirm that he has received correspondence from parents regarding their wish to establish a class for children with Asperger’s syndrome in a school (details supplied) in Fairview, Dublin 3; his response to this request; and if he will make a statement on the matter. [22667/04]

I have received correspondence from the parents concerned. The development of a second level programme for children with Asperger's syndrome on the north side of the city and the issue of a long-term facility is still under active consideration within my Department. It is anticipated that proposals will shortly be finalised to allow for a unit to be operational from the commencement of the 2005-06 school year.

Question No. 596 answered with QuestionNo. 493.

National Drugs Strategy.

Róisín Shortall

Question:

597 Ms Shortall asked the Minister for Education and Science if he will report on those actions for which he has responsibility, namely actions 29, 30, 31, 32, 33, 34, 35, 36, 37, 42 and 43 related to his obligations under the national drugs strategy; and if he will make a statement on the matter. [22806/04]

As the Deputy will be aware, the national drug strategy team, NDST, is carrying out a mid-term review of the National Drugs Strategy, 2001-2008.

Officials from my Department made an oral submission to the NDST review committee on 2 September 2004. The first part of the submission focused specifically on a progress report for the 11 actions referred to. I will arrange to forward to the Deputy a document outlining the current position with regard to each action.

Special Educational Needs.

Olwyn Enright

Question:

598 Ms Enright asked the Minister for Education and Science the reason a person (details supplied) in County Dublin attending Booterstown national school, Cross Avenue, Blackrock, has not been granted a special needs assistant from 12.40 p.m. to 2.10 p.m. while present in school despite the fact that a special needs assistant was approved from 8.50 a.m. until 12.40 p.m; and if he will make a statement on the matter. [22813/04]

An application for the upgrade from 23.3 hours per week to full-time special needs assistant, SNA, support has been received from Booterstown NS for the pupil referred to by the Deputy.

It has been my intention for some time to carry out a review of the deployment of SNAs in schools. I accept the view expressed by schools that any such review should have regard to the actual situation on the ground. Accordingly, I have decided that the review should involve a visit to each school which has SNA support. Arrangements are being made to implement this review at an early date and a further communication will issue to schools in this regard.

Decisions regarding the appropriate level of SNA support in individual schools will be based on the outcome of this review. Pending notification of the outcome, schools which have been advised by the Department that they have surplus SNA capacity, or which themselves consider that they have such a surplus, may retain the excess up to the level of applications made to the Department for which a response is awaited.

Schools Building Projects.

Seymour Crawford

Question:

599 Mr. Crawford asked the Minister for Education and Science the effect which the new criteria in the schools building programme 2005 for determining the band ratings will have on schools already on the 2004 programme, in particular the effect they will have on a college (details supplied) in County Monaghan; and if he will make a statement on the matter. [22814/04]

My Department's officials are currently reviewing all projects that were not authorised to proceed to construction as part of the 2004 school building programme, including the school referred to by the Deputy, with a view to including them as part of a multi-annual school building programme from 2005. I expect to make further announcements in this regard before the end of the year.

Teaching Qualifications.

Jan O'Sullivan

Question:

600 Ms O’Sullivan asked the Minister for Education and Science the names and addresses of primary schools at which persons without teaching qualifications were employed in a temporary capacity on 9 September 2004; and if he will make a statement on the matter. [22817/04]

The information requested by the Deputy is currently being compiled by my Department. I will forward the information directly to the Deputy as soon as it is compiled.

Early School Leavers.

Jan O'Sullivan

Question:

601 Ms O’Sullivan asked the Minister for Education and Science if his attention has been drawn to the closure of a centre (details supplied) in Phibsboro, Dublin; the action he intends to take to restore the service it provided to early school leavers; and if he will make a statement on the matter. [22818/04]

The Phoenix Centre of Learning is one of three projects operated by the line projects and assisted by my Department. The Phoenix Centre of Learning has operated under a voluntary management committee for seven years and has provided an intervention learning facility for early school leavers. My Department has provided teaching and other financial support to the centre since 1997.

Earlier this month, my Department was advised that the Phoenix Centre had closed and I understand that the line projects board of management has no future plans to re-open the centre. I understand that some seven young people were due to attend the centre from September. The National Educational Welfare Board is aware of, and is pursuing alternative educational placements for, the individuals concerned.

Special Educational Needs.

Jan O'Sullivan

Question:

602 Ms O’Sullivan asked the Minister for Education and Science if he has examined the case for extra special needs assistants for a school (details supplied) in County Donegal; and if he will make a statement on the matter. [22819/04]

My officials are currently considering the application in the context of existing resources already in the special class. The school will be notified of the outcome in due course.

Pupil-Teacher Ratio.

Jan O'Sullivan

Question:

603 Ms O’Sullivan asked the Minister for Education and Science when he will implement the commitment in the Programme for Government to reduce the pupil-teacher ratio in schools, including the introduction of maximum class sizes; and if he will make a statement on the matter. [22820/04]

Significant improvements have been made in the pupil teacher ratio at primary level in recent years. The ratio has fallen from 22.2:1 in the 1996-97 school year to 17.44:1 in the 2003-04 school year.

Arising from these improvements, class sizes have reduced in the same period. I am committed to reducing class sizes still further. This, however, can only be done on a phased basis having regard to available resources and subject to spending priorities within the education sector. Priority will be given to pupils with special needs and those from disadvantaged areas.

I have requested my Department's inspectorate to monitor the deployment of staff and class sizes, and where necessary, to discuss with school authorities the basis on which school policy decisions in this regard have been made, and to report to my Department, where appropriate.

Question No. 604 answered with QuestionNo. 438.

Special Educational Needs.

Eoin Ryan

Question:

605 Mr. Eoin Ryan asked the Minister for Education and Science the reason a person (details supplied) in Dublin 2 with special needs who has availed of part-time special needs assistants has not been granted a full-time special needs assistant; and if he will make a statement on the matter. [22822/04]

I can confirm that an application for the upgrade from 23.3 hours per week to full-time special needs assistant, SNA, support for the pupil referred to by the Deputy has been received by my Department.

The position is that it has been my intention for some time to carry out a general review of support levels and deployment in mainstream national schools. Bearing in mind the view expressed by schools that any such review should have regard to the actual situation on the ground, I have decided that the process should involve a visit to each school which has SNA support. Arrangements are being made for this review to commence at an early date and a further communication will issue to schools in this regard. Decisions regarding the appropriate level of SNA support in individual schools will be based on the outcome of this review. Pending notification of the outcome, schools have been advised by my Department that, if they have surplus SNA capacity, they may retain the excess up to the level of applications made to the Department for which a response is awaited.

Third Level Fees.

Olwyn Enright

Question:

606 Ms Enright asked the Minister for Education and Science the position in relation to a requirement for children of persons working here on work permits to pay college fees; and if he will make a statement on the matter. [22823/04]

I understand that a work permit is issued to a registered employer to employ a named non-EEA national in a specified role, for a specified period not exceeding one year.

Under my Department's free fees initiative tuition fees are paid in respect of EU nationals who have been ordinarily resident in an EU member state for at least three of the five years preceding their entry to their third level course. A non-EEA national is not eligible under the free fees initiative.

Pupil-Teacher Ratio.

Olwyn Enright

Question:

607 Ms Enright asked the Minister for Education and Science if he intends to review the current pupil to guidance counsellor ratio to ensure that there are more guidance counsellors in post-primary schools; and if he will make a statement on the matter. [22824/04]

Under current arrangements, my Department makes a specific ex-quota allocation of teaching posts in respect of guidance to schools in the second level system. In the case of schools in the free education scheme, the level of allocation ranges from eight hours per week in the case of schools with enrolments below 200 pupils to 44 hours per week — that is, two whole-time posts — in the case of schools with an enrolment of 1,000 pupils or more.

In addition to allocations based on enrolments, 50 whole-time equivalent guidance counselling posts were allocated in the 2001-02 school year under the guidance enhancement initiative. The focus of this initiative was to enhance the provision of guidance to young people at risk, to improve links between schools and the world of work and to improve the take-up of science subjects.

In allocating resources for guidance and counselling under this initiative, my Department set out criteria which target the resource at those most in need rather than allocating resources on the basis of student to guidance counsellor ratios. The preliminary findings of the review of guidance and counselling carried out by the ESRI confirms that this method of targeting resources for guidance is the best way to reach those students who are disadvantaged.

I have recently announced an extension of the guidance enhancement initiative for a further two years and I have also created an additional 30 guidance posts under this initiative from the commencement of the current school year. This decision reflects the importance which I attach to the area of guidance.

Grant Payments.

Emmet Stagg

Question:

608 Mr. Stagg asked the Minister for Education and Science if he will sanction the payment of an additional grant to a school (details supplied) in County Kildare; and if he will make a statement on the matter. [22857/04]

An application for grant-aid towards the cost of relocating the school in question is currently under consideration in the school planning section of my Department. Officials will be in direct contact with the school's management authority in this matter.

School Accommodation.

Emmet Stagg

Question:

609 Mr. Stagg asked the Minister for Education and Science if contingency funding or funding allocated but not taken up can be allocated to a school (details supplied) in County Kildare to enable the provision of temporary classrooms at the school; and if he will make a statement on the matter. [22859/04]

Emmet Stagg

Question:

610 Mr. Stagg asked the Minister for Education and Science if contingency funding or funding allocated but not used up can be allocated to a school (details supplied) in County Kildare to enable the provision of temporary accommodation at the school; and if he will make a statement on the matter. [22860/04]

I propose to take Questions Nos. 609 and 610 together.

A contingency sum for emergencies was set out in the 2004 school building programme to deal, as well as possible, with the most urgent needs in schools. This fund is managed in such a way as to grant-aid requests for funding from schools for mainstream classroom accommodation where there is no alternative option available and address unforeseen problems such as leaking water pipes and replacement boilers. Generally the fund is spent on matters which, if left unattended, could result in the closure of a school. The proposals in respect of the schools in question do not come into this category.

Schools Building Projects.

Emmet Stagg

Question:

611 Mr. Stagg asked the Minister for Education and Science if architectural planning of the new school for a school (details supplied) in County Kildare has been completed; if he will sanction the necessary capital to enable the project to commence; and if he will make a statement on the matter. [22861/04]

A building project for the school referred to by the Deputy is listed in section 9 of the 2004 school building programme which is published on my Department's website at www.education.ie. This project has a band 2 rating and is at early stages of architectural planning.

My Department's officials are currently reviewing all projects that were not authorised to proceed to construction as part of the 2004 school building programme including the school in question with a view to including them as part of a multi-annual school building programme from 2005. I expect to make further announcements in this regard before the end of the year.

Emmet Stagg

Question:

612 Mr. Stagg asked the Minister for Education and Science if phase two of the extension project to a school (details supplied) in County Kildare will be sanctioned in 2005 in view of the acceptance by the school authorities of the proposal for the overall extension of 27 classrooms in two phases; and if he will make a statement on the matter. [22862/04]

I have previously announced my intention to publish for the first time ever a multi-annual school building programme. My officials are nearing completion of a review of all projects in line with the revised prioritisation criteria that resulted from consultation with the partners. The purpose of the review is to enable and inform a multi-annual approach to the school building programme. Phase 2 of the extension project at the school to which the Deputy refers is being considered as part of this review. I expect to be providing details of this multi-annual programme before the end of the current year.

Emmet Stagg

Question:

613 Mr. Stagg asked the Minister for Education and Science the tender cost accepted for the new school for a school (details supplied) in County Kildare; the expected completion date for the project; and if he will make a statement on the matter. [22863/04]

The accepted tender amount for the school referred to by the Deputy is €2.5 million. The project which is currently on site is due for completion in the latter half of 2005.

Emmet Stagg

Question:

614 Mr. Stagg asked the Minister for Education and Science the position in relation to the sanctioning of architectural planning for the required extension to a school (details supplied) in County Kildare; and if he will make a statement on the matter. [22864/04]

I have previously announced my intention to publish, for the first time ever, a multi-annual school building programme. My officials are nearing completion of a review of all projects in line with the revised prioritisation criteria that resulted from consultation with the partners. The purpose of the review is to enable and inform a multi-annual approach to the school building programme. I expect to be providing details of this multi-annual programme before the end of the current year.

Emmet Stagg

Question:

615 Mr. Stagg asked the Minister for Education and Science the tender cost accepted in relation to the provision of seven new classrooms and ancillary accommodation at a school (details supplied) in County Kildare; the expected completion date for the project; and if he will make a statement on the matter. [22865/04]

The accepted tender amount for the extension to the school referred to by the Deputy is €2.67 million. The project which is currently on site is due for completion in the latter half of 2005.

School Accommodation.

Emmet Stagg

Question:

616 Mr. Stagg asked the Minister for Education and Science if his attention has been drawn to the expected growth which Kilcock town, County Kildare will experience in the short term and to the urgent accommodation requirements of a school (details supplied) in Kilcock, County Kildare; if he will sanction architectural planning for the school accommodation requirements; and if he will make a statement on the matter. [22866/04]

Historically, key decisions on educational provision have tended to be taken without any reference to the public at large. My decision to publish an annual school building programme has re-enforced my strongly held conviction that all key decisions relating to educational infrastructure should be made in an open and transparent manner. For this reason, earlier this year, I introduced a new planning model for educational infrastructure with the aim of ensuring that in future school provision will be decided only after a transparent consultation process. In this regard, trustees, parents, sponsors of prospective schools and all interested parties from a locality will have the opportunity to have their voices heard in the process.

The main feature of the new planning model is the publication of area development plans which will set out a blueprint for schools' development in an area into the future. In June, I published the draft plan for the area around the N4-M4 route from Leixlip to Kilcock, including Celbridge and Maynooth and from Enfield through to Kilbeggan including Longwood, Edenderry and Killucan. Full details of the draft plan are available from my Department's website at www.education.ie.

Integral components of draft area development plans are details of existing primary and post-primary provision, a drawing together and examination of the demographics of the area and other relevant factors, commentary on the data and recommendations for educational infrastructural provision in an area into the future.

The commission on school accommodation is currently conducting a public engagement process to which all interested parties can make submissions. All of these submissions will be published. The process will culminate in the publication of a final development plan for the area against which all capital funding decisions will be made over the next decade.

I am confident that this ground-breaking approach to school planning will provide a mechanism to ensure that capital funding is allocated in both a structured and a clearly identifiable manner into the future. Most importantly, all of the stakeholders in education will have the opportunity of having their voices heard to make the education of our children the all-inclusive process it should be.

Emmet Stagg

Question:

617 Mr. Stagg asked the Minister for Education and Science if he sanctioned temporary accommodation for a school (details supplied) in County Kildare in 2004; and if not the reason therefore. [22870/04]

Historically, key decisions on educational provision have tended to be taken without any reference to the public at large. My decision to publish an annual school building programme has re-enforced my strongly held conviction that all key decisions relating to educational infrastructure should be made in an open and transparent manner. For this reason, earlier this year, I introduced a new planning model for educational infrastructure with the aim of ensuring that in future school provision will be decided only after a transparent consultation process. In this regard, trustees, parents, sponsors of prospective schools and all interested parties from a locality will have the opportunity to have their voices heard in the process.

The main feature of the new planning model is the publication of area development plans which will set out a blueprint for schools' development in an area into the future. In June, I published the draft plan for the area around the N4-M4 route from Leixlip to Kilcock, including Celbridge and Maynooth and from Enfield through to Kilbeggan including Longwood, Edenderry and Killucan. Full details of the draft plan are available from my Department's website at www.education.ie.

Integral components of draft area development plans are details of existing primary and post-primary provision, a drawing together and examination of the demographics of the area and other relevant factors, commentary on the data and recommendations for educational infrastructural provision in an area into the future.

The commission on school accommodation is currently conducting a public engagement process to which all interested parties can make submissions. All of these submissions will be published. The process will culminate in the publication of a final development plan for the area against which all capital funding decisions will be made over the next decade.

I am confident that this ground-breaking approach to school planning will provide a mechanism to ensure that capital funding is allocated in both a structured and a clearly identifiable manner into the future. Most importantly, all of the stakeholders in education will have the opportunity of having their voices heard to make the education of our children the all-inclusive process it should be.

Schools Building Projects.

Emmet Stagg

Question:

618 Mr. Stagg asked the Minister for Education and Science the tender cost accepted in relation to the required extension to a school (details supplied) in County Kildare; and the expected completion date for the project. [22871/04]

The accepted tender amount for the extension to the school referred to by the Deputy is €2.38 million. The project which is currently on site is due for completion in the latter half of 2005.

Emmet Stagg

Question:

619 Mr. Stagg asked the Minister for Education and Science the tender cost accepted in relation to the required extension to a school (details supplied) in County Kildare; and the expected completion date for the project. [22872/04]

The accepted tender amount for the extension to the school referred to by the Deputy is €2.38 million. The project which is currently on site is due for completion in the latter half of 2005.

Emmet Stagg

Question:

620 Mr. Stagg asked the Minister for Education and Science if the architectural planning for the extension to a school (details supplied) in County Kildare has been completed; if not, when it is likely to be completed; if he will sanction funding for the project; if he will also sanction the provision of a general purpose room based on the number of classrooms in the new school rather than restricting same to 200 square metres; and if he will make a statement on the matter. [22873/04]

The 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 has a band 2 rating and is at stage 1/2/3 — details-plans-costs — of architectural planning.

My Department's officials recently wrote to the school authorities requesting additional information on their stage submission and a response is awaited. My Department's officials are currently reviewing all projects that were not authorised to proceed to construction as part of the 2004 school building programme including the school in question, with a view to including them as part of a multi-annual school building programme from 2005. I expect to make further announcements in this regard before the end of the year.

Emmet Stagg

Question:

621 Mr. Stagg asked the Minister for Education and Science when architectural planning for the permanent building project for a school (details supplied) in County Kildare will be completed; and when funding will be provided for the new school. [22874/04]

The school planning section of my Department is awaiting details of the school to which the Deputy refers. On receipt of this information, my officials will contact the Deputy directly in this regard.

Emmet Stagg

Question:

622 Mr. Stagg asked the Minister for Education and Science if he will sanction funding for the required extension to a school (details supplied) in County Kildare; and if he will make a statement on the matter. [22877/04]

Bernard J. Durkan

Question:

647 Mr. Durkan asked the Minister for Education and Science the progress in relation to the provision of the extra facilities at a school (details supplied) in County Kildare during the summer months of 2004; and if he will make a statement on the matter. [22934/04]

I propose to take Questions Nos. 622 and 647 together.

A building project for the school referred to by the Deputy is listed in section 9 of the 2004 school building programme which is published on my Department's website at www.education.ie. This project has a band 3 rating and is at early stages of architectural planning.

My Department's officials are currently reviewing all projects that were not authorised to proceed to construction as part of the 2004 school building programme including the school in question with a view to including them as part of a multi-annual school building programme from 2005. I expect to make further announcements in this regard before the end of the year.

Psychological Service.

Emmet Stagg

Question:

623 Mr. Stagg asked the Minister for Education and Science if additional psychologists have been allocated in 2004 to national schools in County Kildare; if so, the location of same; and the national schools in County Kildare which remain without the service of an educational psychologist. [22883/04]

Due to the current general staffing constraints in the public service, it has not yet been possible for the National Educational Psychological Service, NEPS, to expand its service to all schools in County Kildare.

However, due to reorganisation in the NEPS region that serves the county, it has been possible to offer the service to an additional seven schools. A total of 66 schools in County Kildare now have access to the NEPS service and 60 do not yet have access. I attach a list of the 60 schools for the Deputy's information. Pending roll-out of the NEPS service to all schools, the 60 schools may avail of the scheme for commissioning psychological assessments, SCPA.

I am pleased to inform the Deputy that the psychologists who serve County Kildare are now accommodated in a new local office in Naas, on the same premises as my Department's regional office.

Schools Building Projects.

Emmet Stagg

Question:

624 Mr. Stagg asked the Minister for Education and Science if he will consider funding the provision of the required covered walkway at a college (details supplied) in County Kildare from capital funds unspent at this stage; and if he will make a statement on the matter. [22885/04]

The Deputy will be aware that my Department's 2004 capital programme has been published and is available on my Department's website at www.education.ie. On the basis of the budgetary allocation it was not possible to include this project in the list of new projects to commence in 2004. It is, however, open to County Kildare Vocational Education Committee to submit an application for consideration under the summer works scheme 2005. Applications for SWS 2005 are currently available on my Department’s website, the closing date for which is 5 November 2004.

Site Acquisitions.

Emmet Stagg

Question:

625 Mr. Stagg asked the Minister for Education and Science if the OPW has been successful in identifying and acquiring a site for a new national school in Kill, County Kildare; and if he will make a statement on the matter. [22888/04]

The property management section of the OPW, which acts on behalf of my Department in respect of site acquisitions generally, is continuing to explore the possibility of acquiring a suitable site to cater for the primary educational needs of children in Kill, County Kildare.

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

School Relocation.

Emmet Stagg

Question:

626 Mr. Stagg asked the Minister for Education and Science if he has sanctioned the proposals by the County Kildare VEC to relocate a school (details supplied) in County Kildare; and if he will make a statement on the matter. [22889/04]

Agreement in principle has been given to the management authorities of the school to which the Deputy refers to explore the likely relocation of the school to a new site.

Grant Payments.

Emmet Stagg

Question:

627 Mr. Stagg asked the Minister for Education and Science if he will sanction further furniture and equipment grants for a school (details supplied) in County Kildare; and if he will make a statement on the matter. [22890/04]

In January 2004 my Department approved grant aid of €15,638 for furniture for the school referred to by the Deputy. My Department does not have any other application for additional grant aid from this school.

It is also open to the school to use funds allocated by my Department under the terms of the grant scheme for minor works to purchase additional furniture and equipment provided such funds are not required for more urgent and immediate works.

Schools Building Projects.

Emmet Stagg

Question:

628 Mr. Stagg asked the Minister for Education and Science the position in relation to the provision of an extension to a school (details supplied) in County Kildare; and if he will make a statement on the matter. [22891/04]

Bernard J. Durkan

Question:

639 Mr. Durkan asked the Minister for Education and Science the progress in relation to the provision of the extra facilities at a school (details supplied) in County Kildare during the summer months of 2004; and if he will make a statement on the matter. [22922/04]

I propose to take Questions Nos. 628 and 639 together.

I am pleased to advise that construction is under way for the extension at the school in question.

Emmet Stagg

Question:

629 Mr. Stagg asked the Minister for Education and Science the tender cost approved for the new national school for Naas, County Kildare; when the project is expected to be completed; and if he will make a statement on the matter. [22892/04]

The accepted tender amount for the new national school in Naas is €6.3 million. The project which is currently on site is due for completion in the latter half of 2005.

Bernard J. Durkan

Question:

630 Mr. Durkan asked the Minister for Education and Science the progress in relation to the provision of the extra facilities at a school (details supplied) in County Kildare during the summer months of 2004; and if he will make a statement on the matter. [22913/04]

The school referred to by the Deputy is on the school building programme for 2004 for four classrooms, ancillary accommodation plus a two-classroom autistic unit. Tenders have been received for this project and they are currently being examined by the school's design team.

Bernard J. Durkan

Question:

631 Mr. Durkan asked the Minister for Education and Science the progress in relation to the provision of a new roof at a school (details supplied) in County Kildare during the summer months of 2004; and if he will make a statement on the matter. [22914/04]

The scope of works required at the school referred to by the Deputy is appropriate for consideration under the summer works scheme. While the school's application under the summer works scheme for 2004 was unsuccessful, it is open to the school's management authority to re-apply for the key priority works required at the school as part of the 2005 summer works scheme, details of which are now available on my Department's website www.education.ie. The closing date for receipt of applications under the terms of this scheme is 5 November 2004.

Site Acquisitions.

Bernard J. Durkan

Question:

632 Mr. Durkan asked the Minister for Education and Science the position in regard to acquisition of a site and permanent structures for a school (details supplied) in County Kildare; the progress over the summer months of 2004; and if he will make a statement on the matter. [22915/04]

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

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

Schools Building Projects.

Bernard J. Durkan

Question:

633 Mr. Durkan asked the Minister for Education and Science the progress in relation to the provision of the extra facilities at a school (details supplied) in County Kildare during the summer months of 2004; and if he will make a statement on the matter. [22916/04]

Historically, key decisions on educational provision have tended to be taken without any reference to the public at large. My decision to publish an annual school building programme has re-enforced my strongly held conviction that all key decisions relating to educational infrastructure should be made in an open and transparent manner. For this reason, earlier this year, I introduced a new planning model for educational infrastructure with the aim of ensuring that in future school provision will be decided only after a transparent consultation process. In this regard, trustees, parents, sponsors of prospective schools and all interested parties from a locality will have the opportunity to have their voices heard in the process.

The main feature of the new planning model is the publication of area development plans which will set out a blueprint for schools' development in an area into the future. In June, I published the draft plan for the area around the N4-M4 route from Leixlip to Kilcock, including Celbridge and Maynooth and from Enfield through to Kilbeggan including Longwood, Edenderry and Killucan. Full details of the draft plan are available from my Department's website at www.education.ie.

Integral components of draft area development plans are: details of existing primary and post primary provision, a drawing together and examination of the demographics of the area and other relevant factors, commentary on the data and recommendations for educational infrastructural provision in an area into the future.

The commission on school accommodation is currently conducting a public engagement process to which all interested parties can make submissions. All of these submissions will be published. The process will culminate in the publication of a final development plan for the area against which all capital funding decisions will be made over the next decade. I am confident that this ground breaking approach to school planning will provide a mechanism to ensure that capital funding is allocated in both a structured and a clearly identifiable manner into the future. Most importantly, all of the stakeholders in education will have the opportunity of having their voices heard to make the education of our children the all-inclusive process it should be.

Bernard J. Durkan

Question:

634 Mr. Durkan asked the Minister for Education and Science the progress in relation to the provision of the extra facilities at a school (details supplied) in County Kildare during the summer months of 2004; and if he will make a statement on the matter. [22917/04]

Bernard J. Durkan

Question:

654 Mr. Durkan asked the Minister for Education and Science the progress in relation to the provision of the extra facilities at a school (details supplied) in County Kildare during the summer months of 2004; and if he will make a statement on the matter. [22941/04]

Bernard J. Durkan

Question:

655 Mr. Durkan asked the Minister for Education and Science the progress in relation to the provision of the extra facilities at a school (details supplied) in County Kildare during the summer months of 2004; and if he will make a statement on the matter. [22942/04]

Bernard J. Durkan

Question:

657 Mr. Durkan asked the Minister for Education and Science the progress in relation to the provision of the extra facilities at a school (details supplied) in County Kildare during the summer months of 2004; and if he will make a statement on the matter. [22944/04]

I propose to take Questions Nos. 634, 654, 655 and 657 together.

I am pleased to inform the Deputy that construction work is under way on the projects in question.

Bernard J. Durkan

Question:

635 Mr. Durkan asked the Minister for Education and Science the progress in relation to the provision of the extra facilities at a school (details supplied) in County Kildare during the summer months of 2004; and if he will make a statement on the matter. [22918/04]

Emmet Stagg

Question:

673 Mr. Stagg asked the Minister for Education and Science the position in relation to the required extension at a school (details supplied) in County Kildare; and if he will make a statement on the matter. [22972/04]

I propose to take Questions Nos. 635 and 673 together.

The planning section of my Department has not received any application for capital funding from the school to which the Deputies refer.

Bernard J. Durkan

Question:

636 Mr. Durkan asked the Minister for Education and Science the progress in relation to the provision of the extra facilities at a school (details supplied) in County Kildare during the summer months of 2004; and if he will make a statement on the matter. [22919/04]

It is not my intention to sanction retrospective funding for this project which was progressed without the agreement of my Department. The school building programme lists projects to be funded in any given year. The school authority has been advised of this decision.

Bernard J. Durkan

Question:

637 Mr. Durkan asked the Minister for Education and Science the progress in relation to the provision of the extra facilities at a school (details supplied) in County Kildare during the summer months of 2004; and if he will make a statement on the matter. [22920/04]

Historically, key decisions on educational provision have tended to be taken without any reference to the public at large. My decision to publish an annual school building programme has reinforced my strongly held conviction that all key decisions relating to educational infrastructure should be made in an open and transparent manner. For this reason, earlier this year I introduced a new planning model for educational infrastructure with the aim of ensuring that in future school provision will be decided only after a transparent consultation process. In this regard, trustees, parents, sponsors of prospective schools and all interested parties from a locality will have the opportunity to have their voices heard in the process. The main feature of the new planning model is the publication of area development plans which will set out a blueprint for schools' development in an area into the future.

In June, I published the draft plan for the area around the N4-M4 route from Leixlip to Kilcock, including Celbridge and Maynooth and from Enfield through to Kilbeggan including Longwood, Edenderry and Killucan. Full details of the draft plan are available from my Department's website at www.education.ie. Integral components of draft area development plans are: details of existing primary and post-primary provision; a drawing together and examination of the demographics of the area and other relevant factors; commentary on the data; and recommendations for educational infrastructural provision in an area into the future.

The commission on school accommodation is conducting a public engagement process to which all interested parties can make submissions. All of these submissions will be published. The process will culminate in the publication of a final development plan for the area against which all capital funding decisions will be made over the next decade.

I am confident that this ground breaking approach to school planning will provide a mechanism to ensure that capital funding is allocated in both a structured and a clearly identifiable manner into the future. Most importantly, all of the stakeholders in education will have the opportunity of having their voices heard to make the education of our children the all-inclusive process it should be.

Bernard J. Durkan

Question:

638 Mr. Durkan asked the Minister for Education and Science the progress in relation to the provision of the extra facilities at a school (details supplied) in Dublin 24 during the summer months of 2004; and if he will make a statement on the matter. [22921/04]

The 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 has a band 3 rating and is at advanced architectural planning. My Department’s officials are reviewing all projects that were not authorised to proceed to construction as part of the 2004 school building programme, including the school in question with a view to including them as part of a multi-annual school building programme from 2005. I expect to make further announcements in this regard before the end of the year.

Question No. 639 answered with QuestionNo. 628.

Bernard J. Durkan

Question:

640 Mr. Durkan asked the Minister for Education and Science the progress in relation to the provision of the extra facilities at a school (details supplied) in County Kildare during the summer months of 2004; and if he will make a statement on the matter. [22923/04]

The school in question was sanctioned grant-aid for roof repairs under the terms of the summer works scheme 2004. The work has progressed to the extent that 70% of the funding has been drawn down by the school authority.

Bernard J. Durkan

Question:

641 Mr. Durkan asked the Minister for Education and Science the progress in relation to the provision of the extra facilities at a school (details supplied) in County Kildare during the summer months of 2004; and if he will make a statement on the matter. [22924/04]

My Department has no application for extra facilities at St. Wolstan's School, Celbridge, County Kildare.

Bernard J. Durkan

Question:

642 Mr. Durkan asked the Minister for Education and Science the progress in relation to the provision of the extra facilities at a school (details supplied) in County Kildare during the summer months of 2004; and if he will make a statement on the matter. [22929/04]

The planning section of my Department has not received any application for capital funding from the school to which the Deputy refers.

Bernard J. Durkan

Question:

643 Mr. Durkan asked the Minister for Education and Science the progress in relation to the provision of the extra facilities at a school (details supplied) in County Kildare during the summer months of 2004; and if he will make a statement on the matter. [22930/04]

Historically, key decisions on educational provision have tended to be taken without any reference to the public at large. My decision to publish an annual school building programme has reinforced my strongly held conviction that all key decisions relating to educational infrastructure should be made in an open and transparent manner. For this reason, earlier this year I introduced a new planning model for educational infrastructure with the aim of ensuring that in future school provision will be decided only after a transparent consultation process. In this regard, trustees, parents, sponsors of prospective schools and all interested parties from a locality will have the opportunity to have their voices heard in the process.

The main feature of the new planning model is the publication of area development plans which will set out a blueprint for schools' development in an area into the future. In June, I published the draft plan for the area around the N4-M4 route from Leixlip to Kilcock, including Celbridge and Maynooth and from Enfield through to Kilbeggan, including Longwood, Edenderry and Killucan. Full details of the draft plan are available from my Department's website at www.education.ie.

Integral components of draft area development plans are: details of existing primary and post-primary provision; a drawing together and examination of the demographics of the area and other relevant factors; commentary on the data; and recommendations for educational infrastructural provision in an area into the future.

The commission on school accommodation is conducting a public engagement process to which all interested parties can make submissions. All of these submissions will be published. The process will culminate in the publication of a final development plan for the area against which all capital funding decisions will be made over the next decade. I am confident that this ground-breaking approach to school planning will provide a mechanism to ensure that capital funding is allocated in both a structured and a clearly identifiable manner into the future. Most importantly, all of the stakeholders in education will have the opportunity of having their voices heard to make the education of our children the all-inclusive process it should be.

Bernard J. Durkan

Question:

644 Mr. Durkan asked the Minister for Education and Science the progress in relation to the provision of the extra facilities at a school (details supplied) in County Dublin during the summer months of 2004; and if he will make a statement on the matter. [22931/04]

The project in question is listed for proceeding to tender and construction as part of the 2004 school building programme. This project is at tender stage and a tender report is awaited from the management authority, County Dublin VEC.

Bernard J. Durkan

Question:

645 Mr. Durkan asked the Minister for Education and Science the progress in relation to the provision of the extra facilities at a school (details supplied) in County Kildare during the summer months of 2004; and if he will make a statement on the matter. [22932/04]

It is assumed the Deputy is referring to St Brigid's national school which was sanctioned grant-aid for roof repairs under the terms of the summer works scheme 2004. The work has progressed to the extent that 70% of the funding has been drawn down by the school authority.

Bernard J. Durkan

Question:

646 Mr. Durkan asked the Minister for Education and Science the progress in relation to the provision of a new primary school at Kill, County Kildare during the summer months of 2004; and if he will make a statement on the matter. [22933/04]

The property management of the OPW, which acts on behalf of my Department regarding site acquisitions generally, is exploring the possibility of acquiring a site for Kill National School, Kill, County Kildare. Due to the commercial sensitivities of site acquisitions, it is not proposed at this stage to identify specific sites to be acquired. However, this information will be placed on my Department's website when the relevant acquisitions have been completed.

Question No. 647 answered with QuestionNo. 622.

Bernard J. Durkan

Question:

648 Mr. Durkan asked the Minister for Education and Science the progress in relation to the provision of the extra facilities at a school (details supplied) in County Kildare during the summer months of 2004; and if he will make a statement on the matter. [22935/04]

Emmet Stagg

Question:

668 Mr. Stagg asked the Minister for Education and Science the position in relation to the provision of additional accommodation at a school (details supplied) in County Kildare; and if he will make a statement on the matter. [22967/04]

I propose to take Questions Nos. 648 and 668 together.

I have previously announced my intention to publish, for the first time ever, a multi-annual school building programme. My officials are nearing completion of a review of all projects in line with the revised prioritisation criteria that resulted from consultation with the partners. The purpose of the review is to enable and inform a multiannual approach to the school building programme. I expect to provide details of this multiannual programme before the end of the current year.

Bernard J. Durkan

Question:

649 Mr. Durkan asked the Minister for Education and Science the progress in regard to the provision of the extra permanent classrooms at a school (details supplied) in County Kildare during the summer months of 2004; and if he will make a statement on the matter. [22936/04]

Bernard J. Durkan

Question:

659 Mr. Durkan asked the Minister for Education and Science the progress in relation to the provision of the extra facilities at a school (details supplied) in County Kildare during the summer months of 2004; and if he will make a statement on the matter. [22946/04]

I propose to take Questions Nos. 649 and 659 together.

The extension project at the school to which the deputy refers is listed in section 1 of the 2004 school building programme to proceed to tender and construction in 2004. The project is at tender stage and the tender report is being assessed by officials in the school building unit.

Bernard J. Durkan

Question:

650 Mr. Durkan asked the Minister for Education and Science when he expects to be in a position to provide extra facilities urgently required at a school (details supplied) in County Kildare; if new temporary prefabs will be provided in 2004 to replace the existing ones which are dilapidated, unsafe and continually being patched up; and if he will make a statement on the matter. [22937/04]

Emmet Stagg

Question:

672 Mr. Stagg asked the Minister for Education and Science the position in relation to the application for additional accommodation at a school (details supplied) in County Kildare; and if he will make a statement on the matter. [22971/04]

I propose to take Questions Nos. 650 and 672 together.

Historically, key decisions on educational provision have tended to be taken without any reference to the public at large. My decision to publish an annual school building programme has reinforced my strongly held conviction that all key decisions relating to educational infrastructure should be made in an open and transparent manner. For this reason, earlier this year I introduced a new planning model for educational infrastructure with the aim of ensuring that in future school provision will be decided only after a transparent consultation process. In this regard, trustees, parents, sponsors of prospective schools and all interested parties from a locality will have the opportunity to have their voices heard in the process.

The main feature of the new planning model is the publication of area development plans which will set out a blueprint for schools' development in an area into the future. In June, I published the draft plan for the area around the N4-M4 route from Leixlip to Kilcock, including Celbridge and Maynooth and from Enfield through to Kilbeggan, including Longwood, Edenderry and Killucan. Full details of the draft plan are available from my Department's website at www.education.ie.

Integral components of draft area development plans are: details of existing primary and post primary provision; a drawing together and examination of the demographics of the area and other relevant factors; commentary on the data; and recommendations for educational infrastructural provision in an area into the future.

The commission on school accommodation is conducting a public engagement process to which all interested parties can make submissions. All these submissions will be published and the process will culminate in the publication of a final development plan for the area against which all capital funding decisions will be made over the next decade.

I am confident this ground-breaking approach to school planning will provide a mechanism to ensure that capital funding is allocated in both a structured and a clearly identifiable manner into the future. Most importantly, all the stakeholders in education will have the opportunity of having their voices heard to make the education of our children the all-inclusive process it should be.

Bernard J. Durkan

Question:

651 Mr. Durkan asked the Minister for Education and Science the progress in relation to the provision of the extra facilities required at a school (details supplied) in County Kildare during the summer months of 2004; and if he will make a statement on the matter. [22938/04]

Emmet Stagg

Question:

666 Mr. Stagg asked the Minister for Education and Science the position in relation to the provision of a new national school at Ardclough, County Kildare; and if he will make a statement on the matter. [22965/04]

I propose to take Questions Nos. 651 and 666 together.

The property management section of the Office of Public Works, which acts on behalf of my Department in relation to site acquisitions generally, is continuing to explore the possibility of acquiring a site for Ardclough national school, County Kildare. Due to the commercial sensitivities of site acquisitions, it is not proposed at this stage to identify specific sites to be acquired. However, this information will be placed on my Department's website when the relevant acquisitions have been completed. The question of the provision of new accommodation for the school will be considered further when a site has been acquired.

Bernard J. Durkan

Question:

652 Mr. Durkan asked the Minister for Education and Science the progress in relation to the provision of the extra facilities at a school (details supplied) in County Kildare during the summer months of 2004; and if he will make a statement on the matter. [22939/04]

My Department has funded the provision of a new eight-classroom school building, including a double autistic unit for the school referred to by the Deputy.

Bernard J. Durkan

Question:

653 Mr. Durkan asked the Minister for Education and Science the progress in relation to the provision of the extra facilities at a school (details supplied) in County Kildare during the summer months of 2004; and if he will make a statement on the matter. [22940/04]

The 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 has a band 2 rating and is at stage 3, developed sketch scheme, of architectural planning. My Department’s officials recently wrote to the school authorities requesting additional information on their stage submission and a response is awaited.

My Department's officials are reviewing all projects that were not authorised to proceed to construction as part of the 2004 school building programme, including the school in question, with a view to including them as part of a multiannual school building programme from 2005. I expect to make further announcements in this regard before the end of the year.

Questions Nos. 654 and 655 answered with Question No. 634.

Bernard J. Durkan

Question:

656 Mr. Durkan asked the Minister for Education and Science the progress in relation to the provision of the extra facilities at a school (details supplied) in County Kildare during the summer months of 2004; and if he will make a statement on the matter. [22943/04]

The planning section of my Department has not received any application for capital funding from the school to which the Deputy refers.

Question No. 657 answered with QuestionNo. 634.

Bernard J. Durkan

Question:

658 Mr. Durkan asked the Minister for Education and Science the progress in relation to the provision of the extra facilities at a school (details supplied) in County Kildare during the summer months of 2004; and if he will make a statement on the matter. [22945/04]

A large-scale extension project has recently been completed at the school in question.

Question No. 659 answered with QuestionNo. 649.

Consultancy Contracts.

Pat Rabbitte

Question:

660 Mr. Rabbitte asked the Minister for Education and Science if the approval of the Attorney General was sought by his Department in regard to the subcontracting out to private firms of the drafting of legislation; the number of occasions on which such consent was given; if the Attorney General is satisfied with the drafting of legislation outside of his office; and if he will make a statement on the matter. [22691/04]

In general, it is not the practice of my Department to use outside assistance to draft legislation. Since 2000, the Department has engaged an outside person to prepare legislation in only one instance. The person chosen was drawn from a panel of barristers approved by the Office of the Attorney General.

At present, there is no primary or secondary education legislation being prepared, or proposed to be prepared, otherwise than by my officials and the Office of the Parliamentary Counsel to the Government.

School Staffing.

Dan Boyle

Question:

661 Mr. Boyle asked the Minister for Education and Science the number of applications that have been made for special needs assistants in primary and secondary education for the school year 2004-05; the number of these requests which have been acceded to; and the locations from which such requests have been made and at which they have been granted. [22955/04]

My Department has received applications for special needs assistant, SNA, support from primary schools in respect of 2,977 pupils since 1 September 2003. Applications for SNA support for new entrant pupils were prioritised and decisions on the majority of these were communicated to schools on 12 August 2004. My Department continues to communicate with schools in respect of other new entrant cases as additional supporting information is provided. To date, 452 applications have been successful, resulting in approximately 290 wholetime equivalent SNA posts being sanctioned.

Statistical information as requested by the Deputy in relation to the number of applications received in my Department at post-primary level for the provision of SNAs is not available. However, to date for the 2004-05 school year, a total of 386.65 wholetime equivalent SNAs have been allocated to the voluntary, secondary, community and comprehensive sectors.

Information relating to the locations from which requests for SNAs have been made and at which they have been granted is not readily available. The Deputy may be interested to know that it has been my intention for some time to carry out a review of the deployment of SNAs in primary schools. I accept the view expressed by schools that any such review should have regard to the actual situation in schools. Accordingly, I have decided that the review should involve a visit to each school which has SNA support. Arrangements are being made to implement this review at an early date and a further communication will issue to schools in this regard.

Decisions regarding the appropriate level of SNA support in individual schools will be based on the outcome of this review. Pending notification of the outcome, schools which have been advised by the Department that they have surplus SNA capacity or consider that they have such a surplus may retain the excess up to the level of applications made to the Department for which a response is awaited.

Industrial Relations.

Dan Boyle

Question:

662 Mr. Boyle asked the Minister for Education and Science if his attention has been drawn to the accusations of staff bullying at a college in Cork; if he has sought information on whether such accusations have validity; and if so, the action which can be taken. [22956/04]

As the Deputy will be aware, under the Universities Act 1997, universities are autonomous institutions and I, as Minister, have no role in the day to day management of the institutions. The Universities Act provides for the governing authority to establish procedures for the resolution of disputes which arise in the university, other than disputes to be dealt with through normal industrial relations structures operating in the university.

Educational Projects.

Dan Boyle

Question:

663 Mr. Boyle asked the Minister for Education and Science if he will report on the decision making that accompanied the removal of support for the PAGE adult education project in Cork city; and the consideration which is being given to reverse this decision and continue support. [22957/04]

The PAGE project was approved by my Department in 2000 on a pilot basis as part of phase 1 of the adult education guidance initiative. This initiative comprises 25 projects throughout the country with the aim of providing a quality educational guidance service for adults in VTOS, literacy, community education and other adult education courses. The decision to terminate funding for the PAGE project was taken by my Department following ongoing monitoring and evaluation of the service being provided for the designated target groups. My Department has no plans to reverse the decision.

State Examinations.

Dan Boyle

Question:

664 Mr. Boyle asked the Minister for Education and Science the number of students who have received special accommodation in the taking of State examinations in each year since 2000. [22958/04]

On foot of a Government decision, I formally established the State Examinations Commission on 6 March 2003. The commission now has statutory responsibility for operational matters relating to the certificate examinations. Accordingly, I have passed the Deputy's query to the chief executive officer of the commission for direct reply.

Post-Leaving Certificate Courses.

Dan Boyle

Question:

665 Mr. Boyle asked the Minister for Education and Science the cap on student numbers that exists in relation to post-leaving certificate courses; and the degree of flexibility his Department can and will allow in relation to such numbers. [22959/04]

Vocational education committees and individual schools and colleges outside the VEC system have been given an allocation of post-leaving certificate places for 2004-05 equivalent to their 2003-04 allocation, except where the application by an individual school or college was for a lesser number. Nationally, a total of 28,588 places have been approved for post-leaving certificate courses for 2004-05.

Each vocational education committee has discretion to determine the distribution of the approved places between individual schools and colleges under its remit, within the constraint of the overall number of places allocated at VEC level. Where enrolments in PLC courses in a school or college exceed the number of approved places, the excess number will not be recognised for the purposes of teacher allocations or other resources.

Question No. 666 answered with QuestionNo. 651.

Schools Building Projects.

Emmet Stagg

Question:

667 Mr. Stagg asked the Minister for Education and Science the position in relation to the request for additional facilities at a school (details supplied) in County Kildare; and if he will make a statement on the matter. [22966/04]

The planning section of my Department has not received any application for capital funding from the school to which the Deputy refers.

Question No. 668 answered with QuestionNo. 648.

Emmet Stagg

Question:

669 Mr. Stagg asked the Minister for Education and Science the agreed tender cost for the extension to a school (details supplied) in County Kildare; and the likely time for completion of construction of the project. [22968/04]

The accepted tender amount for the extension to the school referred to by the Deputy is €1.92 million. The project which is on site is due for completion in the latter half of 2005.

Emmet Stagg

Question:

670 Mr. Stagg asked the Minister for Education and Science the agreed tender cost for the extension to a school (details supplied) in County Kildare; and the likely time for completion of constructing of the project. [22969/04]

The school referred to by the Deputy is on the school building programme for 2004 for four classrooms, ancillary accommodation plus a two classroom autistic unit. Tenders have been received and are being examined by the school's design team. It is envisaged that the extension will be completed in the latter half of 2005.

Schools Recognition.

Emmet Stagg

Question:

671 Mr. Stagg asked the Minister for Education and Science if permanent recognition of a school (details supplied) in County Kildare has been sanctioned; and if he will make a statement on the matter. [22970/04]

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

Question No. 672 answered with QuestionNo. 650.
Question No. 673 answered with QuestionNo. 635.
Question No. 674 answered with QuestionNo. 358.

Schools Building Projects.

Bernard J. Durkan

Question:

675 Mr. Durkan asked the Minister for Education and Science the progress in relation to the provision of the extra facilities at a school (details supplied) in County Kildare during the summer months of 2004; and if he will make a statement on the matter. [22975/04]

I have previously announced my intention to publish, for the first time ever, a multi-annual schools building programme. My officials are nearing completion of a review of all projects in line with the revised prioritisation criteria that resulted from consultation with the partners. The purpose of the review is to enable and inform a multi-annual approach to the schools building programme.

I expect to be providing details of this multi-annual programme before the end of the current year.

Job Losses.

Michael Ring

Question:

676 Mr. Ring asked the Minister for Communications, Marine and Natural Resources the number of employees who will be let go on the closure of a power station (details supplied) in County Mayo in January 2005. [21991/04]

The management of the closure of the power station referred to, including the associated reduction in employee numbers, is an operational matter for ESB and not one in which I have a function.

Energy Resources.

Trevor Sargent

Question:

677 Mr. Sargent asked the Minister for Communications, Marine and Natural Resources if he proposed to grant-aid or otherwise incentivise the use of non-fossil fuel energy at a domestic level here in view of the fact that uptake has been relatively low in comparison with other EU member states. [22661/04]

It is not clear to which technologies or energy sources the question refers. That said, I have no funds at my disposal for grant assistance of the type envisaged nor any proposals at present to seek such funds.

Government policy on the sustainable use of energy is directed through Sustainable Energy Ireland, SEI, which was established in 2002 as an independent non-commercial State body. SEI has already commenced a challenging work programme focusing on the deployment of energy efficiency measures and the increased use of our renewable energy technologies.

However, the market for "green" electricity has been fully liberalised for a few years now, allowing producers of such electricity to sell directly to all consumers. The Deputy is welcome to discuss the issues with officials of my Department.

Telecommunications Services.

Tony Gregory

Question:

678 Mr. Gregory asked the Minister for Communications, Marine and Natural Resources if there is evidence of harmful effects from radiation emitted from telecommunications masts; and if he will make a statement on the matter. [22831/04]

My Department maintains a watching scientific brief on health issues relating to electromagnetic energy, including those related to mobile phones and base stations. As part of that watching brief, Ireland is a member of a number of relevant international bodies which collectively conduct and evaluate research into this area.

My Department is unaware of any national or international health advisory authority which has declared or even suggested that the radio signals from phone mast antennae are a hazard to health.

The World Health Organisation, WHO, states explicitly in its Phone Mast Fact Sheet No. 193 — http://www.who.int/docstore/peh-mf/publications/factspress/efact/efs193.html — that radiofrequency fields around such masts are not considered a health risk. This view is supported by the International Commission on Non-Ionizing Radiation Protection, ICNIFP, and by the European Council of Health Ministers in its recommendation of July 1999 concerning limiting exposure to electromagnetic fields.

Energy Resources.

Beverley Flynn

Question:

679 Ms Cooper-Flynn asked the Minister for Communications, Marine and Natural Resources the criteria used in deciding to close the peat station at Bellacorick, County Mayo; and the Bord na Móna estimate of the peat reserves at this north Mayo area both in the ownership of Bord na Móna and otherwise. [21254/04]

Michael Ring

Question:

695 Mr. Ring asked the Minister for Communications, Marine and Natural Resources the reason it is necessary to let staff of a power station (details supplied) in County Mayo go in January 2005, when there is still bog at same to be used up; and if Bord na Móna will make sure that the employees are retained until the bog is finished. [22009/04]

I propose to take Questions Nos. 679 and 695 together.

The tripartite agreement, which was signed in February 2000 between the Department, ESB management and the ESB group of unions, provided for the phased closure of all existing peat-fired power stations, including Bellacorick, and the construction of two new ESB-owned peat-fired power stations at Lanesboro and Shannonbridge.

The timing and management of the closure of the Bellacorick power station and the shutdown of the related peat production are matters for ESB and Bord na Móna, respectively, and I do not propose to intervene.

The Bord na Móna estimate of the peat reserves in its ownership at this north Mayo area is 3,945,000 extractable tonnes. However, I am advised that the amount of peat that can be recovered economically is much less than this. In addition, several areas of bog owned by Bord na Móna have been transferred to the National Parks and Wildlife Service for conservation. Other sections are no longer licensed for production and are now under a waste licence for the Corrib Gas project. I am advised, therefore, that the total amount available in the context of generation from peat is less than 2 million tonnes.

Bord na Móna is not in a position to provide estimates of peat reserves in areas not owned by the company.

Beverley Flynn

Question:

680 Ms Cooper-Flynn asked the Minister for Communications, Marine and Natural Resources if it was a precondition of EU support for the three new midland peat stations (details supplied) to close the peat station at Bellacorick, County Mayo. [21255/04]

The public service obligation, PSO, arrangements in respect of peat generation, for security of supply reasons, were notified by my Department to the EU Commission and examined under state aid rules. In its decision dated 30 October 2001, the EU Commission noted that the most economic option for peat generation was chosen, whilst maintaining compliance with environment and safety regulations, so as to allow ESB to fulfil its public service obligation.

The PSO notification explicitly detailed the accelerated closure of the existing old inefficient peat fired generation stations, including the Bellacorick station, on a phased basis as an integral element of the package. It also provided for their replacement by the construction of two new environmentally friendly and more efficient peat plants at Lanesboro, County Longford and Shannonbridge, County Offaly. I do not believe there is an adequate basis to reopen the whole peat question with the EU Commission.

Furthermore, the EU Commission noted that the ESB would meet its PSO obligation by also purchasing and using peat generated electricity from the independent Edenderry station, that power purchase agreement having been awarded by competitive tender.

These PSO arrangements in respect of peat generation are underpinned by the Electricity Regulation Act 1999 (Public Service Obligations Order) 2002.

Electricity Generation.

Gerard Murphy

Question:

681 Mr. Murphy asked the Minister for Communications, Marine and Natural Resources the details of the programme he has put in place to replace AER VI. [21285/04]

Matters relating to AER VI are still ongoing. Just recently I received notification from the EU Commission that state aids clearance had been granted for the 50 MW and 28 MW in the offshore and biomass CHP categories respectively, and also for the additional 140 MW I announced due to the overwhelming interest in the competition. This capacity will be distributed in accordance with the AER VI terms and conditions.

In May of this year I set up the renewable energy development group. This group is chaired by my Department and includes representatives from the Commission for Energy Regulation, CER, Sustainable Energy Ireland, SEI, ESB National Grid and the Economic and Social Research Institute, ESRI, among others. The renewable energy industry will also be represented in the group.

The group is to focus on a number of key issues including appropriate market mechanism for renewables electricity generation; renewables directive target including cost implications; grid upgrade programme for renewables; net metering; renewable energy consultation process; and research demonstration and development of renewable energy technologies, including technologies other than wind.

I have requested the group to report on an ongoing basis on its deliberations and not wait until the end of the process before acting on the issues raised. Any future programme to follow on from the AER VI competitions will be based on the recommendations of the group. The first report is due before the end of the year.

Gerard Murphy

Question:

682 Mr. Murphy asked the Minister for Communications, Marine and Natural Resources when he hopes to have resolved the problem which private wind farms have in connecting to the ESB grid. [21286/04]

Matters relating to grid connections fall within the remit of the Commission for Energy Regulation, CER.

Deisiú Cuain.

Brian O'Shea

Question:

683 D’fhiafraigh Mr. O’Shea den Aire Cumarsáide, Mara agus Acmhainní Nádúrtha an bhfuil aon dul chun cinn déanta mar thoradh ar na cainteanna a bhí ann idir a Roinn féin agus an Roinn Cumarsáide, Mara agus Acmhainní Nádúrtha mar gheall ar Chuan Heilbhic, Contae Phort Láirge a dheisiú agus a fhorbairt agus an ndéanfaidh sé ráiteas ina leith. [21296/04]

Is le Comhairle Condae Phort Láirge Cé Heilbhic agus is ar an gcomhairle chondae sin an dualgas cúraim agus cóiriú ina leith.

Tá áthas orm a nochtú don Teachta gur cheadaigh mé le déanai deontas €90,000 ón Státchiste don chomhairle condae i gcóir cóiriú práinne agus suirbhéireacht tumtha ag an gcé, 'se sin le haghaigh costais iomláin €120,000.

I mí Lúnasa 2004, rinne an comhairle condae tairiscint dom i leith mionathrú agus daingniú na haille i gcomharsanacht Ché Heilbhic de chostas measaithe €500,000. Is oth liom a rá nach bhfuil airgead ar fáil dom ón Státchiste dos na hoibreacha sin i mbliana. Braithfidh ceist deontais on Státchiste níos déanaí ar an méid a bheidh ar fáil i gcóir oibreacha i gcuanta iascaigh agus i gcóir cosaint an chósta agus na tosaióchtaí náisiúnta ina leith ag an am sin.

Pension Provisions.

Richard Bruton

Question:

684 Mr. R. Bruton asked the Minister for Communications, Marine and Natural Resources if the pension scheme provided to An Post pensioners is funded directly from the current trading account of An Post, or backed by other resources; his views on the decision by the management of An Post to block pay increases to An Post pensioners as part of an ongoing dispute with workers in the company regarding the change agenda; and if he will make a statement on the matter. [21412/04]

An Post pensioners are paid from the An Post pension fund which is funded by employer and employee contributions.

Under section 13.1 of the An Post Main Superannuation Scheme 1990, as amended in 1997, 1999 and 2001, "The company may grant such increases in pensions and preserved pensions under this Scheme as may be authorised from time to time by the Minister with the concurrence of the Minister for Finance".

Authority to implement pension increases was delegated to An Post by this Department on 26 May 1989 and I am therefore not in a position to authorise any increases in pensions and preserved pensions. Traditionally, An Post has granted increases to serving staff in line with national pay agreements. Increases to pensioners have then subsequently been applied in line with increases granted to serving staff. I am also informed that the terms and conditions, including those regarding the matter of increases, as enshrined in the An Post Main Superannuation Scheme 1990, are based on those that prevailed in the former Department of Posts and Telegraphs.

I am very sympathetic to the situation of An Post pensioners and have emphasised to all parties the desirability of an early resolution of outstanding IR issues to allow pensioners to be paid any increases due.

Telecommunications Services.

Trevor Sargent

Question:

685 Mr. Sargent asked the Minister for Communications, Marine and Natural Resources if he has plans to tackle, or ensure that telecoms providers tackle the increasingly common problem of modem hijacking whereby an Internet user’s connection is redirected to an expensive long-distance number; and if he will make a statement on the matter. [21490/04]

I have no function in the matter raised by the Deputy. Responsibility for the protection and promotion of consumer interests rests with the Commission for Communications Regulation, ComReg, under the Communications (Regulation) Act 2002 and the New Regulatory Framework for Electronic Communications, which came in to effect in July 2003. This legislation outlines ComReg's role in this regard.

As a result of its obligation under the legislation, ComReg has recently given directions to Internet service providers and providers of telecommunications services to protect consumers from modem hijacking and autodiallers.

ComReg's decision of 20 September 2004 in this matter provides further information on the issue.

Fisheries Protection.

Denis Naughten

Question:

686 Mr. Naughten asked the Minister for Communications, Marine and Natural Resources if he will furnish a reply to correspondence (details supplied); and if he will make a statement on the matter. [21615/04]

I have recently received material for reply to the Deputy's representations from the Shannon Regional Fisheries Board and will convey that and the accompanying report to the Deputy directly. I am satisfied that the issues raised by the Deputy are adequately answered within the report entitled Status of Fish Stocks on the River Shannon between Roosky and Drumsna, published in April 2004. The Shannon board has confirmed that the status of the findings of this report remain unchanged in the intervening period.

Legislative Programme.

John Gormley

Question:

687 Mr. Gormley asked the Minister for Communications, Marine and Natural Resources the number of pieces of legislation that have been drafted outside the Office of the Attorney General by solicitors since the general election of 2002; the cost to date of the outsourcing of the drafting of legislation; if legislation has had to be corrected subsequently in many cases; the Bills which are currently being drafted by firms of solicitors; the legislation he intends to outsource this term; and if he will make a statement on the matter. [21828/04]

Pat Rabbitte

Question:

712 Mr. Rabbitte asked the Minister for Communications, Marine and Natural Resources if the approval of the Attorney General was sought by his Department in regard to the subcontracting out to private firms of the drafting of legislation; the number of occasions on which such consent was given; if the Attorney General is satisfied with the drafting of legislation outside of his office; and if he will make a statement on the matter. [22680/04]

I propose to take Questions Nos. 687 and 712 together.

Since I took up office on 6 June 2002, my Department has not had any primary legislation drafted by legal experts outside the Office of the Attorney General.

Telecommunications Services.

Paudge Connolly

Question:

688 Mr. Connolly asked the Minister for Communications, Marine and Natural Resources the position regarding the provision of broadband access in the Clones area of County Monaghan; and if he will make a statement on the matter. [21865/04]

Paudge Connolly

Question:

689 Mr. Connolly asked the Minister for Communications, Marine and Natural Resources the position regarding provision of broadband access in the Castleblayney area of County Monaghan; and if he will make a statement on the matter. [21866/04]

I propose to take Questions Nos. 688 and 689 together.

The provision of telecommunications services, including broadband, is a matter for the fully liberalised private sector, regulated by the Commission for Communications Regulation.

As the sector has been slow to invest in broadband, the Government set aside an indicative €200 million under the National Development Plan 2000-2006 for the creation of high-speed fibre infrastructure in towns and cities that will enable the provision of broadband by private sector companies. Under my Department's regional broadband programme, 19 metropolitan area fibre networks, MANs, have already been built, and a further seven are under construction. These networks are being managed for the State on an open-access basis by E-Net, which has been awarded the services concession contract.

Phase 2 of the programme, now under way, will see the roll-out of broadband infrastructure to over 90 towns with a population of 1,500 and more that are not being provided with broadband by the telecommunications companies. Calls for proposals have issued in respect of 41 of those towns, including Clones and Castleblayney, and it is expected that contracts will be in place before the end of this year. The call for the remaining towns will issue in the new year.

Full details of the regional broadband programme can be found on my Department's website, www.dcmnr.gov.ie.

Harbours and Piers.

Michael Ring

Question:

690 Mr. Ring asked the Minister for Communications, Marine and Natural Resources the details of the funding which has been provided to the Westport harbour committee in County Mayo; the amount which has been drawn down; the position with regard to the harbour; when it is expected that the Westport marina will be opened; and if the official opening will be carried out by the Minister of State, Deputy Fahey or the Minister, Deputy Dermot Ahern. [21918/04]

Michael Ring

Question:

691 Mr. Ring asked the Minister for Communications, Marine and Natural Resources the position regarding the funding of €1 million announced for the marina project in Westport, County Mayo, by the former Minister, Deputy Fahey, in February 2002; the position regarding the follow-on money also promised by the former Minister; and if this money has been given to the Westport harbour committee. [21919/04]

I propose to take Questions Nos. 690 and 691 together.

The position in respect of Westport harbour's integrated development plan, including the proposal to construct a marina, is that a payment of €94,276 was made to the Westport Harbour Commissioners in December 2002 for expenditure incurred on that plan up to that date.

The payment was made on the strict condition that there could be no further expectation whatsoever of further funding for the integrated development plan under the seaports measure of the National Development Plan 2000-2006.

I have recently approved funding of €180,000 to be spent at the harbour on works to safeguard the public and the fabric of the harbour.

Foreshore Licences.

Pat Breen

Question:

692 Mr. P. Breen asked the Minister for Communications, Marine and Natural Resources further to Question No. 322 of 6 July 2004, if his Department’s expert advisors have examined the information by Clare County Council on the Mullagh-Quilty sewerage scheme; if a decision has been made on the application; and if he will make a statement on the matter. [21920/04]

Further information on the foreshore application was requested by one of the organisations which are consulted by my Department in relation to such applications generally. This information was provided by consultants for Clare County Council earlier this month, and has been referred to the organisation concerned. The organisation in question has been asked to provide its views as soon as possible so that consideration of the application, which is otherwise at a very advanced stage, can be finalised.

Cecilia Keaveney

Question:

693 Cecilia Keaveney asked the Minister for Communications, Marine and Natural Resources the position in relation to a shell fish licence for a person (details supplied) in County Donegal; and if he will make a statement on the matter. [21949/04]

The independent Licensing Authority for Sea-Fishing Boats, established under the Fisheries (Amendment) Act 2003, has informed me that assessment of an aquaculture plan submitted by the licence applicant is currently being completed within the Department. Approval of an aquaculture plan is a prerequisite for the issuing of a letter of licence offer for the aquaculture fleet segment. The licensing authority proposes to write to the applicant shortly when a definitive assessment of his aquaculture plan has been made.

Electricity Generation.

Michael Ring

Question:

694 Mr. Ring asked the Minister for Communications, Marine and Natural Resources the Government’s proposals for a power station (details supplied) in County Mayo following its planned closure in January 2005. [22008/04]

The power station referred to is the property of ESB, which has primary responsibility for its future.

Question No. 695 answered with QuestionNo. 679.

Departmental Correspondence.

Michael Ring

Question:

696 Mr. Ring asked the Minister for Communications, Marine and Natural Resources if a meeting took place as had been promised, between his Department officials and a person (details supplied) in County Mayo who has tonnage queries; if so, when the meeting took place and the outcome of same; if the meeting has not yet taken place, if it can be arranged immediately in view of the fact that it was initially requested in 2002. [22010/04]

In my reply to the Deputy's question of 15 April 2003 on this matter I said that I had arranged for an official in my Department to contact the Deputy's office to arrange a meeting with the individual concerned in Ballina, County Mayo. The official contacted the Deputy's office and was requested to write to the individual directly. A letter issued to the individual on 30 April 2003 offering a meeting and requesting that he contact the Department official to arrange a suitable time and place for the meeting. No reply has yet been received. The offer of a meeting with a Department official remains open.

Foreshore Licences.

Michael Ring

Question:

697 Mr. Ring asked the Minister for Communications, Marine and Natural Resources if Mayo County Council has applied for a foreshore licence in respect of a sewerage scheme (details supplied) in County Mayo; if so, the position with regard to this application; when the application was submitted; and when it will be decided on. [22011/04]

An application for foreshore authorisation for an outfall pipe in connection with the development of the sewerage scheme in question was submitted to my Department by Mayo County Council. Consideration of the application is at an advanced stage, and a decision on the matter will be conveyed to the local authority shortly.

Mobile Telephony.

Jimmy Deenihan

Question:

698 Mr. Deenihan asked the Minister for Communications, Marine and Natural Resources if his attention has been drawn to the growing concern among the medical profession of over-exposure to mobile phones in this country and the resulting headaches, dizziness, distorted vision and other biological effects; if his Department is carrying out research into this area; and if he will make a statement on the matter. [22054/04]

I am aware of the general concerns implied in the question. My Department maintains a watching scientific brief on health issues relating to electromagnetic energy, including those related to mobile phones and base stations. As part of that watching brief, Ireland is a member of a number of relevant international bodies which collectively conduct and evaluate research into this area.

I am satisfied that my Department is in possession of the most up-to-date information available on this subject. From the most up-to-date research it appears that there is no evidence that the alleged adverse health effects that the Deputy refers to are attributable to mobile phone usage. My Department will continue to monitor the scientific evidence and participate in the relevant international projects and committees.

Telecommunications Services.

Michael Ring

Question:

699 Mr. Ring asked the Minister for Communications, Marine and Natural Resources when broadband will be extended to an area (details supplied) in County Mayo. [22100/04]

The provision of telecommunications services, including broadband, is a matter in the first instance for the private sector companies operating in a fully liberalised market, under the regulation of ComReg, the Commission for Communications Regulation.

In its report on Ireland's broadband future, published in December 2003, the Information Society Commission concluded that the market has failed to respond to the demand for broadband connectivity, and there is a proven need for Government intervention to accelerate the provision of infrastructure and the driving of demand.

In December last I announced my Department's broadband action plan, which will see broadband connectivity rolled out to over 90 towns with a population of 1,500 and over, using community broadband exchanges and strategic fibre. A spend of €35 million each year from now until 2007 has been committed to the broadband action plan.

In addition to this initiative, the group broadband scheme, which I launched in March last, will allow smaller communities to pool their requirements and obtain broadband connectivity from a range of service providers, with €25 million in funding assistance from Government. This initiative may be of particular interest to the people of Falduff.

Full details of the broadband roll-out programme are on my Department's websites, www.dcmnr.ie and www.gbs.gov.ie.

Inland Fisheries.

David Stanton

Question:

700 Mr. Stanton asked the Minister for Communications, Marine and Natural Resources if his Department has commissioned a report on inland fisheries in the State; if the report will be published; and if he will make a statement on the matter. [22182/04]

At the end of last year, I appointed consultants to undertake a high level review of the inland fisheries sector in Ireland. The consortium of consultants is led by Farrell Grant Sparks Consulting and comprises the Centre for Environment, Fisheries and Aquaculture Science and the National Institute for Regional and Spatial Analysis, NUI, Maynooth.

The review will deliver a root and branch examination of the State's role and objectives in the inland fisheries sector. The consultants are required to evaluate the adequacy of the current model for the governance of the inland fisheries sector; to define the current relationship between the Government, the Department(s) and the inland fisheries sector and suggest new and more effective models; and to recommend a structure which will contribute to the optimum development of the inland fisheries resource in Ireland.

I am advised by the independent steering group, which I established to oversee the work of the consultants, that the complex review is not complete and the consultants are not yet in a position to forward their report on the first stage of the exercise.

While I appreciate that previous indications were that I expected to receive this report earlier this year, I am sure that the Deputy will nevertheless agree that, given the size and complexity of the task assigned to them, it was important that the consultants be allowed the necessary time to deliver a report which fully and comprehensively addresses all the issues. I have asked the steering group to ensure however that there is no undue delay in the process.

Departmental Websites.

Paul McGrath

Question:

701 Mr. P. McGrath asked the Minister for Communications, Marine and Natural Resources if in relation to his Department website, the number of persons who have responsibility for upgrading the website and eliminating outdated and often inaccurate information. [22197/04]

There is currently one full-time staff member whose duties include the overall management and general maintenance of the website. In addition my Department has an internal web group comprised of representatives of each division. Their task is to assist in the ongoing development of the website.

Each division within my Department is responsible for updating its own website data and every effort is made to ensure that the information on the website is accurate and relevant.

Grant Payments.

John Perry

Question:

702 Mr. Perry asked the Minister for Communications, Marine and Natural Resources if he will review the grant application of a person (details supplied) in County Sligo and have an increase granted; and if he will make a statement on the matter. [22213/04]

The building of new renewable energy based electricity generating plants is supported by my Department under the alternative energy requirement programme. There is no grant-aid associated with the offer of contracts under this market mechanism. Therefore, no funding has been granted in regard to this application.

Harbours and Piers.

Michael Ring

Question:

703 Mr. Ring asked the Minister for Communications, Marine and Natural Resources the funding which is in place for a pier (details supplied) in County Mayo. [22269/04]

The pier in question is owned by Mayo County Council and its repair and maintenance is the responsibility of the local authority in the first instance. The county council has not been in touch with my Department in relation to the provision of funding for works at the pier. Accordingly, I would suggest that the Deputy might wish to contact Mayo County Council on the matter.

Equality Policy.

David Stanton

Question:

704 Mr. Stanton asked the Minister for Communications, Marine and Natural Resources if mechanisms exist to ensure that interview boards established under the auspices of his Department and which comprise of two or more persons are gender balanced; and if he will make a statement on the matter. [22363/04]

It is the policy of my Department, in line with its HR strategy, to ensure that interview boards for departmental competitions are gender balanced. Under the established procedures, departmental interview boards comprise three people, including an external member who usually acts as chairperson and with at least one member of the board being female.

Departmental Staff.

Joe Higgins

Question:

705 Mr. J. Higgins asked the Minister for Communications, Marine and Natural Resources if he will outline the entitlements of sea fishery officers on five year fixed-term contracts with his Department in respect of parity with their permanent colleagues under the Protection of Employees (Fixed-Term Workers) Act 2003; and if he will make a statement on the matter. [22407/04]

A working group of General Council, involving the Department of Finance and the Civil Service Unions, is currently assessing the implications of the Protection of Employees (Fixed-Term Workers) Act 2003 for the terms and conditions for all temporary contract staff in the Civil Service. We will implement the central guidelines when they emerge from General Council in respect of temporary contract staff.

Postal Service.

Michael Ring

Question:

706 Mr. Ring asked the Minister for Communications, Marine and Natural Resources if he will introduce a subsidy similar to the social network payment by the Department of Trade and Industry in the UK in order that the smaller post offices can remain viable, particularly those in rural isolated areas that are finding it difficult to attract persons to apply for the post office contract; and if he will make a statement on the matter. [22502/04]

The Government and An Post share the objectives of maintaining a nationwide post office service and maximising the volume of viable business handled by the post office network.

I have no plans to introduce a subsidy payment to An Post. The long-term future of the post office network can only be secured by meeting the needs of customers. In this regard I have asked the Postmasters Union and An Post to work in partnership with a view to securing existing business and to pursuing new business opportunities, as these arise in the future. To help secure the future of the network, the Government approved an equity injection of €12.7 million for An Post to facilitate the modernisation of the post office network. The equity injection was paid to the company in 2003.

Finally, I understand that An Post is planning a review of the system of remuneration for post office agencies in order to address any issues relating to the attraction of suitable candidates to the network.

Olivia Mitchell

Question:

707 Ms O. Mitchell asked the Minister for Communications, Marine and Natural Resources the plans he has to extend the existing post office in the Knocklyon area or to open a second post office. [22506/04]

I have no statutory function in relation to this matter. It is an operational issue for the board and management of An Post.

Fishing Fleet Modernisation.

John Deasy

Question:

708 Mr. Deasy asked the Minister for Communications, Marine and Natural Resources if his attention has been drawn to the concern being expressed by low income fishermen in relation to the new inshore fishing scheme which will cause major financial hardship to boats under 20 ft.; if he will consider providing some grant aid to assist these fishermen who feel that the costs involved will be prohibitive; and if he will make a statement on the matter. [22520/04]

The EU Common Fisheries Policy review, which was adopted by the Fisheries Council in the form of a framework regulation in December 2002, sets out new provisions in respect of State financial aid towards vessels which fish on a commercial basis. These rules apply to all fishing vessels engaged in commercial fishing, including small vessels under 20 feet. The rules provide that a member state wishing to provide grant aid towards vessel renewal or modernisation involving increases in capacity in terms of tonnage or power or increased effectiveness of fishing gear in the period from 1 January 2003 to 31 December 2004 would have to deliver a 3% reduction in the capacity limits for its overall national fleet. Such aid is completely precluded from 1 January 2005.

The 3% penalty imposed for the continuation of grant aid to 31 December 2004 would involve, for the Irish fleet, the permanent removal of 2496 GTs and 6,478 KWs. The level of the reduction that would be required is very substantial. In these circumstances, it was decided that the State would not enter into any grant aid in relation to fleet renewal and modernisation after 1 January 2003. This policy is regarded as a cornerstone of the reform of the CFP by the Commission and it has not proposed any change in this policy in the proposals for aid for the fisheries sector for the period 2007-2013, which were published in July 2004.

EU fisheries policy does provide for the grant aiding of fishing vessels for works that do not concern capacity in terms of tonnage or of power. A grant aid scheme to support the purchase of safety equipment for fishing vessels including vessels which have been granted a fishing boat licence offer under the special scheme for the licensing of small fishing boats which have a record of active commercial pot fishing, is being administered by Bord Iascaigh Mhara. This grant scheme covers essential equipment including lifesaving, fire fighting, navigation and occupational safety. Details of the grant scheme is available from BIM and can be downloaded together with application forms from the BIM website at www.bim.ie. I have asked BIM to work closely with the vessel owners concerned in order to ensure that they can avail fully of the scheme.

Port Development.

John Deasy

Question:

709 Mr. Deasy asked the Minister for Communications, Marine and Natural Resources the recommendations his Department has issued to the Waterford Port Authority with regard to increased security measures at Passage East, County Waterford, under the new EU directive; and if he will make a statement on the matter. [22521/04]

New security requirements, which take the form of the International Ship and Port Facility code, or ISPS code, to enhance maritime security worldwide on ships and at ship/port interface areas entered into force on July 1 2004.

In order to standardise arrangements across the European Union the requirements were codified into EU Regulation 725/2004. The code outlines mandatory security requirements for Governments, port facilities and shipping companies. My Department has overall responsibility for ensuring implementation of the measures for Irish vessels and the port facilities serving them.

The maritime safety directorate of my Department co-ordinates and supervises the implementation of the code and has advised all relevant parties, including the Waterford Port Company, of their obligations under the code. As the Deputy can appreciate, I cannot disclose any confidential information with regard to any aspect of individual ship or port security plans. Copies of the ISPS code, the EU regulation and a list of all compliant port facilities are on my Department's website www.dcmnr.ie

Decentralisation Programme.

Fergus O'Dowd

Question:

710 Mr. O’Dowd asked the Minister for Communications, Marine and Natural Resources the progress to date on the decentralisation programme for the coastguard section of his Department to Drogheda , County Louth; and if he will make a statement on the matter. [22549/04]

The Government's decentralisation programme involves the decentralisation of the headquarters of the maritime safety directorate and Irish coastguard of my Department to Drogheda. The process of relocation is being progressed through an established partnership forum. The Central Applications Facility includes a total of 47 posts, 24 for general service posts and 23 for specialist technical posts, in respect of both elements of the Department. There have been 71 expressions of interest via CAF for these posts to date, including 19 from persons serving within the Department. The Office of Public Works is responsible for the property elements of the decentralisation programme and my Department is liaising closely with OPW on all locations for decentralisation including Drogheda.

Telecommunications Services.

John Perry

Question:

711 Mr. Perry asked the Minister for Communications, Marine and Natural Resources the reason broadband technology is not available to a person (details supplied) in County Sligo; if he will address the concerns raised in the enclosed; and if he will make a statement on the matter. [22552/04]

The provision of telecommunications services, including broadband, is a matter in the first instance for the private sector companies operating in a fully liberalised market, under the regulation of ComReg, the Commission for Communications Regulation.

In its report on Ireland's broadband future, published in December 2003, the Information Society Commission concluded that the market has failed to respond to the demand for broadband connectivity, and there is a proven need for Government intervention to accelerate the provision of infrastructure and the driving of demand. In December 2003 I announced my Department's broadband action plan, which will see broadband connectivity rolled out to over 90 towns with a population of 1,500 and over, using community broadband exchanges and strategic fibre. A spend of €35 million each year from now until 2007 has been committed to the broadband action plan. Sligo is one of the towns listed for inclusion.

In addition to this initiative, the group broadband scheme, which I launched in March 2003, will allow smaller communities to pool their requirements and obtain broadband connectivity from a range of service providers, with €25 million in funding assistance from Government. Full details of the broadband rollout programme are on my Department's websites, www.dcmnr.ie and www.gbs.gov.ie.

Question No. 712 answered with QuestionNo. 687.

Water Sports Vehicles.

Dan Boyle

Question:

713 Mr. Boyle asked the Minister for Communications, Marine and Natural Resources the restrictions which can be applied to the use of jet skis. [22954/04]

Local authorities currently have the power to make by-laws, as they see fit, under section 37(1) of the Local Government Act, 1994 subject to the area being under the control or management of the relevant local authority. Some local authorities have already implemented restrictions relating to the use of jet skis, including speed limits and the provision of zones which exclude jet skis.

However there have been some problems relating to local authorities making by-laws for areas not under their control or management. To address this matter I have published the Maritime Safety Bill 2004, which was presented to the Seanad on 30 June 2004. The primary purpose of this Bill is to enhance public safety and amenity, and protect natural and other heritage areas, by strengthening the law against the improper use of certain fast powered watercraft such as jet skis and speedboats in the waters off the coast and in lakes and rivers.

The Bill confers clear by-law making powers to regulate and control the operation of craft of the types in question, on the following authorities: (a) County councils and city councils in respect of waters generally except waters under the control or management of Waterways Ireland or under the jurisdiction of other statutory authorities; (b) Harbour companies within the meaning of the Harbours Acts 1996 and 2000; (c) The Minister for Communications, Marine and Natural Resources in so far as concerns the five fishery harbour centres — Howth, Dunmore East, Castletownbere, Rossaveel and Killybegs — and other harbours under the control or management of the Minister, and, (d) Iarnród Éireann in relation to Rosslare Harbour and any other harbour under its control or management.

Fines of up to €2,000 on summary conviction for offences under the bye-laws are provided for in the Bill, as well as fixed payment notices, which are on-the-spot-fines. Provision is also made in the Bill for the seizure, detention and forfeiture of craft involved in offences and for the disqualification of serious offenders from operating craft of the types in question, in the interest of public safety etc. Section 14 provides for the appointment of authorised persons by the Minister, county and city councils and harbour companies to enforce the Bill. The Garda Síochána will also play a key role in enforcement. The issue of the safe use of jet skis and other such craft remains a priority and my objective is to have this legislation enacted as quickly as possible.

National Library.

Ciarán Cuffe

Question:

714 Mr. Cuffe asked the Minister for Arts, Sport and Tourism if he will bring forward legislative proposals within the near future to regularise Irish heraldry. [21271/04]

It is my intention to grant autonomous status to the National Library of Ireland under the provisions of the National Cultural Institutions Act, 1997 with effect from the 1 January 2004. At the same time section 13 of that Act will be brought into effect. This will confirm the genealogical office's position as an integral part of the National Library of Ireland.

Swimming Pool Projects.

Fergus O'Dowd

Question:

715 Mr. O’Dowd asked the Minister for Arts, Sport and Tourism the progress to date on Drogheda swimming pool and the timetable for construction; and if it will be accessible to all disabled children and adults. [21454/04]

Earlier this month, I approved the tender documentation, submitted by Drogheda Borough Council, for the proposed replacement swimming pool in Drogheda. In approving the tender, I also approved grant aid of €3.8 million towards the cost of the pool project. This allows construction to commence, the timetable for which is a matter for the council. Under the guidelines for the local authority swimming pool programme, access for people with disabilities is required and I am advised by OPW, my Department's technical advisers, that the project proposed by Drogheda Borough Council complies with the guidelines.

Decentralisation Programme.

Breeda Moynihan-Cronin

Question:

716 Ms B. Moynihan-Cronin asked the Minister for Arts, Sport and Tourism if a site has been acquired for the proposed decentralisation of his Department to Killarney, County Kerry; and if he will make a statement on the matter. [21500/04]

The Office of Public Works has identified a number of potentially suitable sites in Killarney and the process of the evaluation of these sites is at an advanced stage.

Tourism Industry.

Breeda Moynihan-Cronin

Question:

717 Ms B. Moynihan-Cronin asked the Minister for Arts, Sport and Tourism the number of angling tourists who visited here each year between 2000 and 2003; the value to the economy annually of angling tourism; and if he will make a statement on the matter. [21501/04]

According to the relevant fact sheets published by Fáilte Ireland as part of its Tourism Facts series, the estimated number of angling visitors to Ireland and their value to the economy, in each of the years 2000 to 2003, was as follows:

million

2000

122,000

61.1

2001

117,000

68.6

2002

87,000

55.1

2003

83,000

54.0 (preliminary figures)

This information is also available on Fáilte Ireland's website www.failteireland.ie. Fáilte Ireland and the Central Fisheries Board have agreed on a joint study to look at both marketing and product in the angling sector. Initial results are expected before the end of year. Angling tourism has also been mentioned during recent meetings of the tourism action plan implementation group. The group has asked Fáilte Ireland for a presentation on the issues around angling tourism and will further consider the matter within the overall context of implementation of the recommendations of the tourism policy review.

Sports Funding.

Michael Noonan

Question:

718 Mr. Noonan asked the Minister for Arts, Sport and Tourism if a grant has been awarded to a soccer club (details supplied) in County Limerick; when the grant was sanctioned; when the money will be paid to the club; and if he will make a statement on the matter. [21689/04]

A grant of €125,000 was provisionally allocated to the club in question under the 2002 sports capital programme operated by my Department. Approval of grants under that programme is subject to recipients meeting the terms and conditions of the programme. The club in question was advised in May 2002 of the conditions to be met and the documentation required by my Department to approve the grant. Among the conditions required is the execution of a deed of covenant and charge, which provides, inter alia, for a refund of grants in the event of the grant-aided facilities not continuing to be used for the purpose for which the grant was allocated. Deeds of covenant and charge are invoked by my Department’s legal advisers, the Chief State Solicitor’s Office. Payment of the grant due can only proceed when the deed of covenant and charge is in place. The club’s solicitors are currently dealing with the CSSO in attempting to finalise the deed.

Proposed Legislation.

John Gormley

Question:

719 Mr. Gormley asked the Minister for Arts, Sport and Tourism the number of pieces of legislation that have been drafted outside the Office of the Attorney General by solicitors since the general election of 2002; the cost to date of the outsourcing of the drafting of legislation; if legislation has had to be corrected subsequently in many cases; the bills which are currently being drafted by firms of solicitors; the legislation he intends to outsource this term; and if he will make a statement on the matter. [21829/04]

Pat Rabbitte

Question:

727 Mr. Rabbitte asked the Minister for Arts, Sport and Tourism if the approval of the Attorney General was sought by his Department in regard to the subcontracting out to private firms of the drafting of legislation; the number of occasions on which such consent was given; if the Attorney General is satisfied with the drafting of legislation outside of his office; and if he will make a statement on the matter.

I propose to take Questions Nos. 719 and 727 together.

There have been no instances since the establishment of my Department, where legislation has been drafted outside the Office of the Attorney General and I have no plans to outsource such work this term.

Swimming Pool Projects.

Paudge Connolly

Question:

720 Mr. Connolly asked the Minister for Arts, Sport and Tourism the position regarding the Monaghan town swimming pool project; the projected timescale for its construction; and if he will make a statement on the matter. [21869/04]

In June 2004, I approved the contract documents, submitted by Monaghan County Council, for the proposed replacement swimming pool in Monaghan town. This approval allows the council to invite tenders for the project. Once the tender documentation has been submitted to my Department, the project can be considered further.

Departmental Staff.

Paul McGrath

Question:

721 Mr. P. McGrath asked the Minister for Arts, Sport and Tourism, in relation to his Department website, the number of persons who have responsibility for upgrading the website and eliminating outdated and often inaccurate information. [22198/04]

The format and content of the Department's website is regularly reviewed and updated to ensure that information is accurate and relevant to customer needs. The Department's press and information officer is responsible for ensuring that all departmental speeches and press releases are uploaded to the pressroom section of the Department's website as soon as possible after release to the media. Responsibility for the accuracy of sectoral information and material on the website resides with the nine principal officers in the Department. Two staff members in the information technology services unit and a further three staff members in the press and information office have the appropriate skills to actually input material on theappropriate pages of the site.

Arts Funding.

John Perry

Question:

722 Mr. Perry asked the Minister for Arts, Sport and Tourism if his attention has been drawn to the circumstances outlined in the enclosed correspondences (details supplied); the avenues open to them to resolve this matter; and if he will make a statement on the matter. [22212/04]

The case relates to the possible application of Section 1003 of the Taxes Consolidation Act 1997. That section provides tax relief in respect of donations to specified national cultural institutions known as approved bodies of items determined by a selection committee in accordance with the section.

The following is a list of the approved bodies under the legislation:

— The National Archives,

— The National Museum,

— The National Library of Ireland,

— The Irish Museum of Modern Art.

The relief consists of a tax credit equal to the value of the heritage item(s) donated which can be credited against the donor's tax liabilities. To qualify, an item must be considered an outstanding example of the type of item involved, pre-eminent in its class, whose export from the State would constitute a diminution of the accumulated cultural heritage of Ireland, or whose import into the State would constitute a significant enhancement of the accumulated heritage of Ireland. It must be considered suitable for acquisition by the approved body to which the heritage item is being donated. In addition the open market value of the item/collection of items must be at least €150,000 and, in the case of a collection, at least one item in the collection must have a minimum value of €50,000.

The Minister for Arts, Sport and Tourism, with the consent of the Minister for Finance, has the authority to approve further bodies for the purposes of the relief. Such additional bodies must be funded wholly or partly by the State or a public or local authority. The Revenue Commissioners role in relation to the section 1003 scheme is confined to the valuation of items determined by the selection committee to be heritage items and to ensuring that credit against tax is given to the value of heritage items donated. In this particular case, the donation has already been made to a body not encompassed by the legislation and would appear, therefore, not eligible for consideration under the Act. However, I have asked my Department to look into the matter further and I will communicate with the Deputy as soon as possible.

Swimming Pool Projects.

Charlie O'Connor

Question:

723 Mr. O’Connor asked the Minister for Arts, Sport and Tourism the contacts he has had with South Dublin County Council regarding the development of a swimming pool in Jobstown, west Tallaght; and if he will make a statement on the matter. [22279/04]

In June 2004, I approved the contract documents submitted by South Dublin County Council for the proposed swimming pool project in Jobstown, west Tallaght. This approval allows the Council to invite tenders for the work proposed. Once the tender documentation has been submitted to my Department, the project can be considered further.

Equality Policy.

David Stanton

Question:

724 Mr. Stanton asked the Minister for Arts, Sport and Tourism if mechanisms exist to ensure that interview boards established under the auspices of his Department and which comprise of two or more persons are gender balanced; and if he will make a statement on the matter. [22364/04]

The commitment to the development and implementation of measures to support equality of opportunity in the recruitment and promotion of staff is one of the principles set out in my Department's human resources strategy. Accordingly it is established practice to ensure that interview boards established under the aegis of my Department are gender balanced.

Sports Funding.

John McGuinness

Question:

725 Mr. McGuinness asked the Minister for Arts, Sport and Tourism if the award of an approved grant will be expedited to a club (details supplied). [22422/04]

A grant of €40,000 was provisionally allocated to the club in question under the 2002 sports capital programme operated by my Department. Approval of grants under that programme is subject to recipients meeting the terms and conditions of the programme. The club in question was advised in May 2002 of the conditions to be met and the documentation required by my Department to approve the grant. Among the conditions required is the execution of a deed of covenant and charge, which provides, inter alia, for a refund of grants in the event of the grant-aided facilities not continuing to be used for the purpose for which the grant was allocated. The deed of covenant and charge is invoked by my Department's legal advisers, the Chief State Solicitor's Office, or CSSO. Payment of the grant due can only proceed when the deed of covenant and charge is in place. The club's solicitors are currently dealing with the CSSO in attempting to finalise the deed.

Swimming Pool Projects.

Emmet Stagg

Question:

726 Mr. Stagg asked the Minister for Arts, Sport and Tourism the position in relation to the approval of contract documents for the replacement of Naas swimming pool, Naas, County Kildare. [22878/04]

The contract documents, submitted by Kildare County Council, for the replacement swimming pool in Naas are under consideration in my Department. Kildare County Council has also applied for grant-aid for the refurbishment of the swimming pool in Athy and the contract documents for that project are also under consideration.

Under the local authority swimming pool programme, projects are considered on a case-by-case basis and consideration is given to such issues as to the number and geographical spread of projects within and between counties, whether the area is classified as disadvantaged, the viability of the project, particularly in relation to operational and maintenance issues, overall funding package for the project and technical details. The department's annual Estimates provision for the Programme also has a significant influence on the flow of projects through the approval process.

Question No. 727 answered with QuestionNo. 719.

Medical Cards.

M. J. Nolan

Question:

728 Mr. Nolan asked the Minister for Health and Children the reason there is such a delay between the application for a medical card and a decision being made by the South Eastern Health Board. [21224/04]

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

EU Directives.

Fiona O'Malley

Question:

729 Ms F. O’Malley asked the Minister for Health and Children his views on whether sufficient consultation has taken place with junior doctors and the European Working Time Directive will be implemented in August 2004 as required; and if he will make a statement on the matter. [21225/04]

Consultation has taken place over the course of the last four years with the Irish Medical Organisation, including detailed discussions in the national joint steering group on the working hours of non-consultant hospital doctors, or NCHDs, the forum on medical manpower and the national task force on medical staffing. Officials from my Department and health services employers agency have been meeting in the Labour Relations Commission since August 2002 with the most recent discussions commencing in December, 2003.

The report of the National Task Force on Medical Staffing, or Hanly report, set out a detailed implementation plan for reducing NCHD hours. This involved a detailed evaluation of on-call rotas, training requirements and of how medical cover is organised. A national coordinator and support team have been appointed; draft rosters and hours recording systems developed; significant work, involving all of the post-graduate medical training bodies and the Medical Council, has been undertaken to provide a set of training principles to be applied to rosters, and extensive work undertaken by health agencies at local level.

The provisions of the European Working Time Directive as it applies to doctors in training were transposed into Irish law by means of the European Communities (Organisation of Working Time) (Activities of Doctors in Training) Regulations 2004, which came into force on 1 August 2004. A full and detailed briefing on the content of these regulations was given to the Irish Medical Organisation in advance of that date. The ability of the management of the health services to effectively implement the European Working Time Directive for the benefit of all NCHDs, is dependent on the full co-operation of the IMO at both national and local level. However, to date the IMO has refused to participate in local implementation groups countrywide.

Discussions involving the HSEA and the IMO under the aegis of the LRC have remained stalled on the crucial issue of changes to rosters and the way in which overtime is paid. The Labour Relations Commission has requested that both parties refrain from engaging in any form of unilateral action for the duration of the negotiation process. As a result, as of 1 August, health employers have not acted unilaterally in order to achieve compliance with the EWTD. In many sites around the country, the introduction of new rosters would facilitate significant progress towards EWTD compliance while maintaining safe patient care and existing levels of service provision. Health employers, at the request of the LRC, are at present awaiting agreement between management and the IMO at national level before proceeding.

A meeting took place in the LRC on Monday 20 September between officials from my Department, the HSEA and the IMO. Both the management and union sides presented further submissions which were discussed. The LRC made a number of suggestions, including the immediate establishment of eight pilot sites and further intensive negotiations. These negotiations will take place following the establishment of pilot sites. I am hopeful that early progress can be made on resolving the outstanding areas of disagreement.

Medical Cards.

Joe Higgins

Question:

730 Mr. J. Higgins asked the Minister for Health and Children if he will consider issuing medical cards to young travellers aged 16 to 18 who are not in full-time education, training or employment. [21226/04]

Entitlement to health services in Ireland is primarily based on residency and means. Under the Health Act 1970, determination of eligibility for medical cards is the responsibility of the chief executive officer of the appropriate health board other than for persons aged seventy years and over, who are automatically eligible for a medical card. Medical cards are issued to persons who, in the opinion of the chief executive officer, are unable to provide general practitioner medical and surgical services for themselves and their dependants without undue hardship. As a matter of course, the medical card income guidelines are revised annually in line with the consumer price index. The last such increase was notified in January 2004.

For those who do not qualify for a medical card there are a number of schemes which provide assistance towards the cost of medication, including the long-term illness scheme, and the drug payments scheme. Many allowances such as carer's allowance, child benefit, domiciliary care allowance, family income supplement and foster care allowance are all disregarded when determining a person's eligibility. Given these factors and the discretionary powers of the CEOs, having an income that exceeds the guidelines does not mean that a child, or other person, will not be eligible for a medical card, and a medical card may still be awarded if the chief executive officer considers that a person's medical needs or other circumstances would justify this.

Persons aged 16 to 25 who are financially dependent on their parents are entitled to a medical card if their parents are medical card holders. Those who are dependants of non-medical card holders are not normally entitled to a medical card except where they have an entitlement under EU regulations or where they are in receipt of a disability allowance. Students who are financially independent of their parents are entitled to apply for a medical card in their own right and are assessed on the same criteria as all other applicants. The decision on whether or not a person is regarded as a dependant or as being financially independent is made by the chief executive officer of the health board on the basis of the circumstances of each individual case.

It is open to all persons to apply to the chief executive officer of the appropriate health board for health services if they are unable to provide these services for themselves or their dependants without hardship. In line with the health strategy Quality and Fairness — A Health System for You, the possibility of extending the medical card by statute to various groups, including children is under ongoing review in my Department in the context of the strategy's second goal. As the Deputy is aware the health strategy includes a commitment that significant improvements will be made in the medical card income guidelines in order to increase the number of persons on low income who are eligible for a medical card and to give priority to families with children and particularly children with a disability. This should be viewed in the broader context of the strategy's emphasis on fairness and its stated objective of reducing health inequalities in our society. While it has not been possible to meet this commitment to date, due to the budgetary situation, the Government remains committed to the introduction of the necessary changes within the lifetime of this Government. In addition, my Department is committed to the preparation of new legislation to update and codify the whole legal framework for eligibility and entitlements in regard to health services.

Seán Crowe

Question:

731 Mr. Crowe asked the Minister for Health and Children the measures his Department has introduced to highlight the introduction of the new European cards to replace the old form, particularly with its possible increased use during the holiday period; the number of requests received to date for the card; and the offices and the addresses at which these cards can be accessed by the general public. [21250/04]

The European health insurance card was introduced on 1 June 2004 and replaced the E111 and three other forms previously used by entitled persons to access healthcare while on a temporary stay in another EU or EEA member state or in Switzerland. These were the E128 for students and posted workers, the E110 for international transport workers, and the health aspect of the E119 for jobseekers.

Those member states that did not already have a national health insurance card were entitled to avail of a transitional period before the introduction of the European health insurance card. Although entitled to avail of a transitional period, Ireland was one of 11 EU member states that introduced the card from 1 June 2004. A health boards executive, or HeBE, project team was established in September 2003 to manage all aspects of the introduction of the card within this timescale. As part of its brief, the project team, which included representatives of all health boards and of my Department, developed a public communications campaign that involved nationwide radio, print and outdoor advertising; information leaflets and posters available at health board offices around the country; a website which provided information about the card as well as facilitating on-line applications at www.ehic.ie.

On 23 September 2004, card registrations totalled 495,711. A further 114,707 provisional replacement certificates had been registered at that date. The certificate is issued in certain circumstances, in particular when the card cannot be issued in time before the departure of the individual on the temporary stay. Applications for the card may be made through local health board offices. The card may be applied for in person or by post and anyone wishing to apply for the card in this way is advised to contact his or her local health board for details of the nearest office to which application can be made. Helpline numbers for the card are available on www.ehic.ie as well as on information leaflets. The card may also be applied for on-line, at www.ehic.ie, in the case of individuals who already have either a drugs payment scheme card or a medical card.

Health Board Services.

John McGuinness

Question:

732 Mr. McGuinness asked the Minister for Health and Children if an assessment will be carried out in the case of a person (details supplied) in County Kilkenny to determine the home aids, such as a walking aid, which are required; and if the provision of the aids which the assessment demands will be expedited. [21251/04]

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

Hospital Staff.

Liz McManus

Question:

733 Ms McManus asked the Minister for Health and Children when the post of a full-time neurophysiologist at Beaumont, the national centre, will be sanctioned; the action being taken following the review of the Comhairle na nOspidéal; and if he will make a statement on the matter. [21268/04]

The Eastern Regional Health Authority is charged with responsibility for commissioning health and personal social services on behalf of the population of the region, and also on behalf of those outside the region who are referred for specialist treatment, and services at Beaumont Hospital are provided under an arrangement with the authority. My Department has, therefore, asked the regional chief executive of the authority to investigate the issue raised by the Deputy in relation to the neurophysiologist post and to reply to her directly.

The Deputy will be aware that the Comhairle na nOspidéal report on neurology and neurophysiology services recommended significant enhancement of neurology and neurophysiology services, including increases in consultant manpower. The Comhairle report also recognises that there are aspects of a number of other specialities and services, such as rehabilitation medicine, geriatric medicine and old age psychiatry, which are related to and overlap with neurology services. Comhairle has recommended that a national multi-disciplinary review of rehabilitation services be undertaken to further inform the policy framework in relation to the development of neurology services. Consistent with this recommendation, and in line with commitments in the national health strategy, a national action plan for rehabilitation services is currently being prepared by my Department. The action plan will set out a programme to meet existing shortfalls in services and to integrate specialised facilities with locally based follow-up services. The rehabilitation action plan, together with the Comhairle report and the work undertaken by the Neurological Alliance of Ireland through its own publications will, in my view, offer a comprehensive policy framework for the future development of neurology and neurophysiology services in this country.

My Department will continue to work closely with the alliance and with the Irish Consultant Neurologists Association in relation to the future development of services. The implementation of the Comhairle recommendations will be progressed having regard to the evolving policy framework in this area, competing funding priorities and the report of the national task force on medical staffing.

Nursing Home Subventions.

John McGuinness

Question:

734 Mr. McGuinness asked the Minister for Health and Children if he will re-examine the level of subvention paid in the case of a person (details supplied) in County Kilkenny in view of the fact that the family are unable to meet the balance of the cost; and if he will expedite a positive decision in the case. [21277/04]

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

John McGuinness

Question:

735 Mr. McGuinness asked the Minister for Health and Children if he will review a decision in the case of a person (details supplied) in County Kilkenny; and if he will expedite a positive decision in this case. [21279/04]

The GMS contract allows for a choice of doctor by the medical card holder. However, for a variety of reasons this may not always be possible. The contract also provides for a GMS contract holding GP to cease providing services to a patient and in cases where the patient experiences difficulties in securing the services of a GP health boards may appoint patients onto the panels of participating doctors. My Department has therefore asked the CEO of the South Eastern Health Board to investigate the matter raised by the Deputy and to reply to him directly.

Smoking Ban.

Liz McManus

Question:

736 Ms McManus asked the Minister for Health and Children the safeguards he has instituted to ensure that the smoking ban is being enforced in factories and workplaces; the number of such places inspected under the legislation; the level of compliance found; and if he will make a statement on the matter. [21288/04]

Monitoring compliance with the smoke-free workplaces measure is being carried out by officers from health boards, the Office of Tobacco Control and the Health and Safety Authority. Workplace locations traditionally visited by the Health and Safety Authority have to comply with the smoke-free measure as part of their general compliance with health and safety requirements. Monitoring compliance in the food, hospitality and health sectors is carried out by officers from health boards and the Office of Tobacco Control.

I am advised by the Health and Safety Authority that it has carried out 4,114 inspections for compliance in enclosed workplaces since the introduction of the new measures and that there has been an average of 91% compliance. The response to date across all sectors is very positive with compliance at a very high level. The successful introduction of the new measure reflects the widespread public support and goodwill that exists for a clean smoke-free environment in the workplace.

Medical Cards.

John McGuinness

Question:

737 Mr. McGuinness asked the Minister for Health and Children if an appeal will be expedited for a medical card in the name of a person (details supplied) in County Carlow; if the medical circumstances of the family will be considered; if the card will be issued without further delay; and if he will make a statement on the matter. [21299/04]

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

Health Board Services.

John McGuinness

Question:

738 Mr. McGuinness asked the Minister for Health and Children if he will review the case of a person (details supplied) in County Carlow; if the SEHB will provide a long stay bed urgently; and if he will make a statement on the matter. [21300/04]

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

Finian McGrath

Question:

739 Mr. F. McGrath asked the Minister for Health and Children if she will take steps to ensure that persons (details supplied) in Dublin 3 will receive the maximum support and advice in relation to domiciliary care allowance, respite grant and any outstanding payments. [21306/04]

The provision of health related allowances in any individual case is a matter for the relevant authority/health board. Accordingly, a copy of the Deputy's question has been forwarded to the regional chief executive, Eastern Regional Health Authority, with a request that he examine the case and reply directly to the Deputy as a matter of urgency.

Dan Neville

Question:

740 Mr. Neville asked the Minister for Health and Children when a full time paediatric immunologist will be appointed. [21308/04]

In November 2000 Comhairle na nOspidéal published a report on immunology services which recommended that there should be four supra-regional immunology centres in the country. Two centres were recommended for Leinster-Ulster, one centre based in north Dublin and one based in south Dublin. Supra-regional immunology centres for Munster and Connacht-Donegal were recommended to be based in Cork and Galway respectively.

The report recommended that one of the consultant immunologists at the south Dublin centre should have a special interest in paediatric immunology and have substantial clinical commitments at the children's hospitals at Crumlin and Tallaght. I am advised that a submission for a consultant paediatric immunologist with sessional commitment in Our Lady's Hospital for Sick Children, Crumlin, and St. James's Hospital has been made to the Eastern Regional Health Authority and that implementation of this post will be reviewed in the light of competing demands for available resources and the prioritisation of the post by Our Lady's Hospital for Sick Children and the Eastern Regional Health Authority.

Suicide Incidence.

Liz McManus

Question:

741 Ms McManus asked the Minister for Health and Children further to the recent release of warnings from the FDA and Canada Health regarding SSRIs’ adverse effects, making a possible link between the drugs and the worsening of depression and suicidality, his views on whether the EMEA recommendations that have not been approved yet by the European Commission go far enough to enable doctors here to appropriately treat patients who get worse on these tablets, without having the important knowledge that the treatment may be responsible in a minority of cases; and if he will make a statement on the matter. [21315/04]

The EMEA, or European Medicines Evaluation Agency, recommendations referred to by the Deputy refer only to SSRI antidepressants containing paroxetine. The Committee for Human Medicinal Products, a scientific committee of the EMEA, is currently considering a review of all the other SSRIs and related antidepressants and I understand that a review of these issues is also ongoing in the US.

The CHMP review of paroxetine concluded in April 2004 and the committee issued its opinion. The next step will be for the EU Commission to issue its decision, taking account of the CHMP opinion. The CHMP opinion concluded that the benefit-risk ratio remains positive for paroxetine containing medicines in the treatment of adults but recommends changes to the product information for paroxetine on an EU-wide basis. First, a warning to reflect that paroxetine should not be used in children and adolescents. In the EU paroxetine is not authorised for use in this population. Data from clinical trials raised concerns regarding suicidal behaviour and hostility. Second, data from clinical trials have not adequately demonstrated efficacy in these age groups. Although paroxetine is not authorised for use in children and adolescents, doctors can prescribe this product for an individual patient if they feel it may be of benefit. However, they are advised to exercise caution. Alternative treatments for childhood depression, such as cognitive behavioural therapy, may be prescribed by child psychiatrists. Second, a warning to prescribers recommending close monitoring of patients at high risk of suicidal behaviour. These include patients with a known history of suicidal behaviour or suicidal thoughts prior to starting treatment and, possibly, young adults. Third, a recommendation that prescribers and patients should be warned regarding the occurrence of withdrawal reactions on stopping treatment. Generally, these are mild to moderate and self-limiting; however in some patients they may be severe and-or prolonged.

These recommendations were issued following a review of the existing data on paroxetine by medical experts from the member states. Ireland, via the IMB and its national experts, participated in this review and I am advised that these recommendations are considered appropriate on the basis of the data assessed. The CHMP will take further action on paroxetine if new data emerge which indicate that this is necessary. Health care professionals have been informed of the above issues by the relevant pharmaceutical companies and in the IMB's regular column in MIMS Ireland, a monthly publication which is designed as a prescribing guide for general practitioners.

Medical Cards.

Olivia Mitchell

Question:

742 Ms O. Mitchell asked the Minister for Health and Children his plans to have multiple sclerosis added to the list of long-term illnesses in order that sufferers are automatically entitled to a medical card each year. [21342/04]

Persons suffering from multiple sclerosis, who are not already medical card holders, may obtain without charge drugs and medicines for the treatment of that condition under the long term illness scheme. At present no group in society, other than persons aged 70 years and over, is automatically entitled to a medical card.

National Health Strategy.

Olivia Mitchell

Question:

743 Ms O. Mitchell asked the Minister for Health and Children the plans he has to grant funding to the early intervention in psychosis programme in view of the fact that it meets all the requirements of the national health strategy; if his attention has been drawn to the fact that intervention spending saves money. [21350/04]

Funding for the early intervention in psychosis programme to which the Deputy refers will be considered in the context of the estimates process for 2005.

Hospital Waiting Lists.

John Bruton

Question:

744 Mr. J. Bruton asked the Minister for Health and Children if his attention has been drawn to the current 18 months to two year waiting lists in hospitals for ear, nose and throat out-patient appointments for children; the facilities put in place to reduce these waiting lists; when we can expect waiting lists to be reduced; and if he will make a statement on the matter. [21352/04]

In accordance with health strategy objectives, the Government's immediate focus is on the reduction of waiting lists and waiting times for in-patient and day case treatments in acute hospitals. This is being particularly facilitated by the national treatment purchase fund, NTPF.

The NTPF has reported that waiting times have fallen significantly with 37% of patients now waiting between three and six months and 43% waiting between six and 12 months for surgery. Some 80% of patients now wait less than one year for surgical treatment. This represents a major reduction in the length of time patients have to wait. The NTPF has been successful in arranging treatments for approximately 18,000 patients up to the end of August 2004. It is now the case that, in most instances, anyone waiting more than three months will now be facilitated by the fund.

According to the Comhairle na nOspidéal report on consultant staffing, on 1 January 2004 there were 1,824 consultant posts in the public sector in Ireland. This represents an increase of 41% in the last six years.

Responsibility for the management and monitoring of outpatient waiting lists rests with the individual hospitals and health boards concerned. It is a matter for each hospital to prioritise its services based on patient need and use their available resources to best effect to ensure that patient services are delivered efficiently and effectively.

Accident and Emergency Services.

Finian McGrath

Question:

745 Mr. F. McGrath asked the Minister for Health and Children if improvements have been made in the accident and emergency departments in our hospitals with regard to patients on trolley s and chairs; and the plans to end this crisis in our health service. [21360/04]

Many of the difficulties and delays experienced in emergency medicine or accident and emergency departments reflect system-wide issues such as the demand experienced by each hospital, the resources available to it, as well as the structure, organisation and staffing profile of the hospital. Therefore, in tackling the problems in emergency medicine departments it is necessary to take a whole-system approach involving primary care, acute care and sub-acute and community care.

There are a number of initiatives under way at present in order to deal with pressures in emergency medicine departments throughout the country. These include the following:

Improved Infrastructure.
Improved and expanded emergency medicine departments are being provided through national development plan, NDP, funding in many acute hospitals throughout the country. Recently new departments have been provided at Cork University Hospital, James Connolly Memorial Hospital, Naas General Hospital, South Tipperary General Hospital, Clonmel and Roscommon General Hospital. The establishment of minor injuries units, chest pain clinics and medical assessment units will also improve the operation of emergency medicine departments.
Additional Funding for ERHA Proposals.
In addition, the Department has approved Eastern Regional Health Authority, ERHA, proposals for short and medium term solutions to the problems associated with emergency departments in the Dublin academic teaching hospitals, DATHS. The cost of these new initiatives is €2.4 million in a full year.
Consultant Staff.
An additional 29 emergency medicine consultants are being recruited for emergency departments throughout the country. A total of 20 are now in place and the other posts are being progressed by the health boards and ERHA.
There are now 51 emergency medicine consultant posts in acute hospitals which is a 260% increase in numbers since 1997. The availability of senior medical staff in emergency medicine departments should facilitate rapid clinical decision making, enhanced management, diagnosis and treatment of patients.
Discharges from Acute Hospitals.
Pressures on the hospital system, particularly in the eastern region, arise from demands on emergency departments and on difficulties associated with patients who no longer require acute treatment but are still dependent. Full year funding of €8.8 million was provided to the ERHA in 2003-04 to facilitate the discharge of some 280 patients, mainly elderly, to more appropriate settings. An additional €5 million was again provided in June 2004 to facilitate the transfer of a further 200 patients, including some young chronic disabled. In August 2004, my Department provided a further €3 million to the ERHA to transfer a further 120 patients.
Bed Capacity.
As part of the Government's commitment to increase bed capacity and to commission new units, funding is now in place for an additional 900 beds in the acute hospital system.
Ongoing Review.
The issue of improving the responsiveness of the emergency medicine services is being kept under regular review.

Services for People with Disabilities.

Finian McGrath

Question:

746 Mr. F. McGrath asked the Minister for Health and Children if he will give the most accurate and up to date national figures for persons with intellectual disabilities that are on day care, respite and residential waiting lists; and the plans to clear these lists by 2004/2005. [21361/04]

The information requested by the Deputy is not currently available within my Department. Consequently, my Department has asked the regional chief executive of the Eastern Regional Health Authority and the chief executive officers of the health boards to investigate the matter raised by the Deputy and reply directly to him.

The Deputy will appreciate that I cannot, at this stage, give specific commitments in relation to levels of expenditure in 2005 for any particular service as these matters will be decided as part of the discussions on the Estimates and budget for that year between the Department and the Department of Finance.

Health Board Allowances.

Finian McGrath

Question:

747 Mr. F. McGrath asked the Minister for Health and Children if assistance will be given to a person (details supplied) in Dublin 5; and to have this allowance back-dated as a matter of priority. [21378/04]

As the Deputy will be aware, the provision of health services in the Dublin 5 area is, in the first instance, the responsibility of the Northern Area Health Board acting under the aegis of the Eastern Regional Health Authority. My Department has, therefore, asked the chief executive of the authority to investigate the matter raised by the Deputy and reply direct to him as a matter of urgency.

Health Board Services.

Denis Naughten

Question:

748 Mr. Naughten asked the Minister for Health and Children further to Parliamentary Question No. 259 of 25 May 2004 when cyclodiode treatment was introduced to the centres in Galway, Waterford, Mater (Dublin) and Victoria Eye and Ear (Dublin); the current success rate of this treatment in each centre for the control of glaucoma; and if he will make a statement on the matter. [21381/04]

Services at the Mater Hospital and the Royal Victoria Eye and Ear Hospital are provided under an arrangement with the Eastern Regional Health Authority, ERHA, while responsibility for the provision of services at University College Hospital, Galway, and Waterford Regional Hospital rests with the Western Health Board and the South Eastern Health Board, respectively. My Department has, therefore, requested the regional chief executive officer of the ERHA and the chief executive officers of both health boards to investigate the matters raised and reply to the Deputy directly.

Assisted Human Reproduction.

Gay Mitchell

Question:

749 Mr. G. Mitchell asked the Minister for Health and Children if his attention has been drawn to the issues raised by a group (details supplied); and if he will confirm that the report of the Commissions on Assisted Human Reproduction will not be biased. [21385/04]

The correspondence to which the Deputy refers concerns a "Balance Study" conducted by the Family and Life organisation. This study was based on the conference transcript of the public conference of the Commission on Assisted Human Reproduction. The contents of the study have been examined and noted by my Department and a copy of the report has been passed on to the Commission on Assisted Human Reproduction for attention and information.

When the commission was set up, I indicated that it would be required to seek submissions from the public and to consult appropriate interests. I should point out that the commission has engaged in an extensive consultation exercise in order to inform itself on the current state of public opinion in Ireland on assisted human reproduction. This has included the placing of advertisements in the national press seeking submissions from the public. It should be noted that over 1,600 submissions were received in response and carefully examined.

The hosting of the public conference in 2003 by the commission represents another example of efforts made to encourage interested parties to engage in discussion and debate on the issues involved. The commission has also engaged in a number of information gathering exercises that included the following:

(i) Survey of assisted human reproduction services provided in specialised clinics. A survey instrument was drafted by the commission with a view to establishing the extent of the provision of assisted human reproduction services in Ireland.

(ii) Survey of GPs. The commission issued a survey instrument to a random sample to 50% of GPs in all health board areas. I understand that a high proportion of those surveyed responded.

(iii) Survey of Obstetricians and Gynaecologists. The commission also issued a survey instrument to obstetricians and gynaecologists to elicit information on their level of involvement in assisted human reproduction services.

(iv) Survey of Public Attitudes and Opinions. The commission has also surveyed public attitudes and opinions on a range of questions related to assisted human reproduction.

I understand that the commission is nearing completion of its work, but given the complex ethical, social and legal implications that arise, it is not possible to say when it will be in a position to finalise its report.

General Medical Services Scheme.

Finian McGrath

Question:

750 Mr. F. McGrath asked the Minister for Health and Children the reason that difficulties are being experienced by the public in trying to get a general practitioner to visit a sick child at home in the greater Dublin area at weekends; and the plans he has to deal with this situation. [21391/04]

General practitioners who hold GMS contracts are obliged, under their contract, to make arrangements for appropriate care outside of normal surgery hours, including weekends and bank holidays, for their patients including domiciliary visits, either by themselves or another doctor acting on their behalf, in cases where the symptoms of the patient dictate that such a visit is warranted. However, the matter is one of clinical decision for the doctor involved.

In the case of the private general practitioner, the arrangements in place for the provision of out of hours cover for patients are a matter between the patient and the doctor concerned. Difficulties and concerns should be addressed with the doctor. The Department of Health and Children has no role in this relationship.

Health Board Staff.

Olivia Mitchell

Question:

751 Ms O. Mitchell asked the Minister for Health and Children the number of new posts created within the health sector for 2002, 2003 and 2004; the breakdown of the categories of these posts; and the number of posts within each category. [21392/04]

The information requested by the Deputy is set out in the table below in respect of 2002 and 2003. Annual employment data for 2004 from the health service personnel census will be available by end March 2005.

The Deputy may wish to note however that the approved employment level for the health service has increased by 1,150 to 96,950 in wholetime equivalent terms, WTE, in 2004. A further increase of 1,200 WTE's has also recently been approved by my Department for the commissioning of new units in 2005.

Health Service Employment

(excluding Home Helps)

Grade Category

Change 2002 WTE

Change 2003 WTE

Medical/Dental

490

17

of which: Consultants

118

63

Nursing

1,966

370

Management/Administrative — Direct Patient Services1

624

49

Management/Administrative — Other2

351

28

Health and Social Care Professionals3

3,349

113

General Support Staff and Other Patient & Client Care3

—1,404

243

Total

5,377

820

Source: Department of Health & Children Personnel Census.

Notes:

1 Management Administrative —Direct Patient Services are staff who are of direct service to the public and include Consultant’s Secretaries, Out-Patient Department Personnel, Medical Records Personnel, Telephonists and other staff who are engaged in front-line duties.

2 Management/Administrative —Other are staff in the following categories: Payroll, Human Resource Management (including training), Service Managers, IT Staff, General Management Support and Legislative and Information Requirements.

3 The professionalisation of Child Care Workers/House Parents resulted in grade category shift of these grades from Other Patient Care to Health and Social Care Professionals in 2001-2002.

Olivia Mitchell

Question:

752 Ms O. Mitchell asked the Minister for Health and Children further to Parliamentary Question No. 293 of 9 March 2004, if a decision has been made in respect of the aspect of the information technology and communications system that will be financed from the 2004 allocation. [21393/04]

A sum of €72 million is being made available for capital ICT funding under the National Development Programme and Information Society for 2004. At this point, €66.4 million has been formally allocated for expenditure on specific projects and the balance of €5.6 million has been set aside, but not formally allocated, to other specific projects pending final evaluation of the precise level of expenditure to be incurred by these projects in the current year. The breakdown of funding is set out in the table following.

The bulk of this funding will be used to support enterprise-wide system implementations and particular emphasis is being placed on enterprise resource management systems covering human resources and payroll, PPARS, and financial information systems, FIS, in the current year. The prioritisation of these systems is in line with the recommendations of the Brennan commission and will also facilitate the health service reforms programme and the smooth transition to the new structures.

ICT Capital Approved Funding 2004

Amount Approved

HRIS (PPARS)

24,500,000.00

FIS (Financial Information System)

18,000,000.00

National Infrastructure

5,000,000.00

Health Services Portal

2,600,000.00

DIS (Dental Information System)

2,000,000.00

Health Research Board

2,000,000.00

E111 / European Health Insurance Card

1,562,857.00

GP Messaging

1,300,000.00

CCEI — National Client Index

1,000,000.00

eProcurement

1,000,000.00

Primary Care

1,000,000.00

Telesynergy

1,000,000.00

Haemophilia System

826,000.00

GRO

680,000.00

GMS Pharmacy

610,000.00

Clinical Indemnity Scheme

360,000.00

Mental Health

353,000.00

Health Link

306,928.00

eLearning

300,000.00

GPIT

300,000.00

Cardiovascular

250,000.00

CCIS (Childcare Information System)

250,000.00

NDP Management / PMI

227,000.00

Public Services Broker / Health Broker — Reach

200,000.00

BreastCheck

196,094.62

Áit Eile

182,690.00

IIS (Immunisation)

100,000.00

SSI — Social Services Inspectorate

87,500.00

RHASP

70,000.00

Food Safety Authority of Ireland

65,000.00

Caring for Carers

50,000.00

TOTAL

66,377,069.62

Formal Allocation Pending Approval

ICT Strategy / eGovernment

HIS (Hospital Information System)

LIS (Laboratory Information System)

Performance Indicators

Telemedicine Project

First Aid Services.

Olivia Mitchell

Question:

753 Ms O. Mitchell asked the Minister for Health and Children further to Parliamentary Question No. 76 of 22 June 2004, if he will consider the introduction of a Good Samaritan Act to give exemptions from liability for persons who render emergency treatment with a portable defibrillator in order to facilitate a volunteer system in which defibrillators can be placed and used in rural communities, large offices or commercial buildings. [21394/04]

There are no plans to introduce a general exemption from liability for persons who undertake Good Samaritan acts. My Department and the State Claims Agency are examining proposals from a number of health boards to have the clinical indemnity scheme provide cover for first responder schemes established and operated by these boards. These will cover schemes providing appropriately trained volunteers with defibrillators.

Cancer Screening Programme.

Olivia Mitchell

Question:

754 Ms O. Mitchell asked the Minister for Health and Children further to Parliamentary Question No. 332 of 2 March 2004 if he has encouraged the national cervical screening programme to participate in the proposed trial of the new molecular traffic light test (details supplied). [21395/04]

A pilot cervical screening programme commenced in October 2000 in the Mid-Western Health Board region. Under the programme, cervical screening is being offered, free of charge, to approximately 74,000 women in the 25 to 60 age group, at five year intervals.

Screening tests in use under the programme are fully validated for use as population based screening tests and conform to international criteria, which also inform similar population screening programmes in other countries. The programme has advised my Department that the molecular traffic light test is not established to date as a population based screening test. Developments in testing, including the tests referred to by the Deputy, are kept under regular review by the programme.

General Medical Services Scheme.

Phil Hogan

Question:

755 Mr. Hogan asked the Minister for Health and Children the reason old aged pensioners have to pay doctors’ fees when getting certification for a driving licence; and if he will make a statement on the matter. [21400/04]

Medical card holders are eligible for a range of treatments and services without charge under the GMS scheme. However, the issue of certificates to any medical card holder, regardless of age, for medical examinations required for a driving licence, may incur charges. I do not have any plans to change the current system.

Organ Retention.

Olivia Mitchell

Question:

756 Ms O. Mitchell asked the Minister for Health and Children if he has plans to introduce legislation to regulate the circumstances in which organ retention for research purposes or for transplantation purposes may take place in future. [21402/04]

An EU directive on standards of quality and safety in relation to human tissues and cells was adopted on 31 March last. The directive will set minimum standards with regard to the donation, procurement, testing, processing, storage and distribution of human tissues and cells for human applications. The directive must be transposed in member states by 6 April 2006 and this will give Ireland a framework on which to build the legislative base for all such activities. Work has commenced on the drafting of legislation to transpose the directive and on identifying the other steps to be taken to ensure compliance with the directive.

The European Commission is currently considering the question of a directive in respect of organ transplantation, including the issue of consent, and proposes to conduct a thorough scientific evaluation of the situation. It will present a report on its analysis to the Council of the European Union as soon as possible. It is hoped that this will provide the framework for the development of legislation in this area.

In the meantime, the Minister will be establishing an expert group to review organ donation, procurement and utilisation policy in Ireland. The work of this group will inform Ireland's contribution to the discussions in relation to the proposed directive on organs.

Services for People with Disabilities.

Olivia Mitchell

Question:

757 Ms O. Mitchell asked the Minister for Health and Children if Blindcraft is to be closed; and the future envisaged for current and potential future employees. [21403/04]

Olivia Mitchell

Question:

758 Ms O. Mitchell asked the Minister for Health and Children if Blindcraft is to be closed; and the future that is envisaged for current and potential future employees. [21452/04]

I propose to take Questions Nos. 757 and 758 together.

The Minister for Health and Children has met with union representatives and assured them that there will be no reduction in the economic status of the individual employees of Blindcraft. A working group will shortly be established to consider and make recommendations on the future of the Blindcraft operation. The working group will include representatives of the workforce.

Fergus O'Dowd

Question:

759 Mr. O’Dowd asked the Minister for Health and Children the position regarding the 2002 plan to provide residential respite care for children with disabilities in County Louth; the progress to date; and if he will make a statement on the matter. [21453/04]

The provision of health services, including residential respite care, for people with a physical and/or sensory disability is a matter for the Eastern Regional Health Board and the health boards in the first instance. Accordingly, the Deputy's question has been referred to the chief executive officer of the North Eastern Health Board with a request that he examine the matter raised and reply directly to the Deputy, as a matter of urgency.

Medicinal Products.

Fergus O'Dowd

Question:

760 Mr. O’Dowd asked the Minister for Health and Children the action he intends to take regarding the open sale in Drogheda of the Mexican herb Salvia Divivorum, which is currently banned in Australia, Finland and Denmark as reported in a newspaper (details supplied). [21455/04]

The Irish Medicines Board is the statutory body responsible for the regulation of medicinal products in Ireland. I understand that the allegations made in the newspaper report referred to by the Deputy are currently being investigated by the board. I have asked the board to inform me of the outcome of its investigation in due course.

Nursing Home Subventions.

Finian McGrath

Question:

761 Mr. F. McGrath asked the Minister for Health and Children if he will provide an update on the services for a person (details supplied) in Dublin 9; and if he will give the family the maximum advice and support in relation to subvention for nursing home and other options available. [21471/04]

As the Deputy will be aware, the provision of health services in the Dublin 9 area is, in the first instance, the responsibility of the Northern Area Health Board acting under the aegis of the Eastern Regional Health Authority. My Department has, therefore, asked the chief executive of the authority to investigate the matter raised by the Deputy and reply direct to him as a matter of urgency.

Medical Cards.

Breeda Moynihan-Cronin

Question:

762 Ms B. Moynihan-Cronin asked the Minister for Health and Children the number of people in County Kerry in possession of a medical card for each year between 1997 and 2004; when he proposes to extend eligibility for medical cards in line with Government commitments in this regard; and if he will make a statement on the matter. [21504/04]

The number of persons who were covered by medical cards in County Kerry between 1997 and 2004 are as follows:

Start of Year

No. of people covered by medical cards

1997

46,993

1998

45,395

1999

43,040

2000

42,646

2001

43,071

2002

45,074

2003

43,189

2004

42,381

As the Deputy is aware the health strategy includes a commitment that significant improvements will be made in the medical card income guidelines to increase the number of persons on low income who are eligible for a medical card and to give priority to families with children and particularly children with a disability. I regret that it is not possible to meet this commitment at this time but the Government remains committed to the introduction of the necessary changes during its current term.

Cancer Screening Programme.

Breeda Moynihan-Cronin

Question:

763 Ms B. Moynihan-Cronin asked the Minister for Health and Children the average waiting time for cervical screening tests and test results at each of the State’s testing centres; and if he will make a statement on the matter. [21505/04]

My Department is advised by the Eastern Regional Health Authority and relevant health boards that the current waiting times for cervical screening tests are as follows:

Centre

Urgent

Routine

St. Lukes Hospital, Dublin

1-2 weeks

5 weeks

RCSI Cytology Department

1-2 weeks

9 weeks

National Maternity Hospital

1-2 weeks

2-4 weeks

Beaumont Hospital

1-2 weeks

7- 8 weeks

Rotunda Hospital

1-2 weeks

4-6 weeks

Coombe Hospital

1-2 weeks

6-8 weeks

St. James’s Hospital

1-2 weeks

9 weeks

Our Lady of Lourdes Hospital

1 week

4-9 weeks

Sligo General Hospital

4 weeks

4-6 weeks

Cork University Hospital

1 week

7-8 weeks

Portiuncula Hospital, Ballinasloe

immediate

11 weeks

University College Hosp. Galway

2 weeks

6 weeks

The number of smear tests carried out nationally has increased by almost 20% in recent years. In order to meet this increased demand, additional cumulative funding of €11 million has been provided by my Department since 2002 to enhance the laboratory and colposcopy services. This funding has enabled the laboratories to employ additional personnel, to purchase new equipment and to introduce new technology and thereby increase the volume of activity and improve turnaround times for results. In addition, a number of hospitals have contracted out smear test analysis to external laboratories to reduce waiting times.

Medical Cards.

Breeda Moynihan-Cronin

Question:

764 Ms B. Moynihan-Cronin asked the Minister for Health and Children the number of persons currently in possession of a medical card in each county; and the number of persons in possession in each county at the beginning of 1997. [21506/04]

The number of persons currently covered by a medical card in each county and the number of persons who were covered by a medical card at the beginning of 1997 are as follows:

County

September 2004

1st January 1997

Dublin

273,582

282,872

Wicklow

27,804

35,068

Kildare

37,391

35,004

Longford

12,363

12,957

Westmeath

21,068

22,338

Offaly

19,137

23,634

Laois

17,311

21,518

Clare

30,887

30,962

Limerick

49,657

55,177

Tipperary N.R.

19,061

20,822

Cavan

18,400

22,030

Louth

34,746

39,821

Meath

30,440

38,645

Monaghan

16,462

22,497

Donegal

67,618

69,524

Leitrim

11,344

12,430

Sligo

19,483

20,615

Carlow

15,455

17,061

Kilkenny

19.708

22,159

Tipperary S.R.

28,459

27,309

Waterford

34,785

39,508

Wexford

39,276

40,799

Cork

131,273

139,370

Kerry

41,428

46,993

Galway

66,432

73,724

Mayo

47,635

55,910

Roscommon

19,901

23,638

Total

1,151,106

1,252,385

National Treatment Purchase Fund.

Breeda Moynihan-Cronin

Question:

765 Ms B. Moynihan-Cronin asked the Minister for Health and Children the current criteria for qualification under the national treatment purchase fund; the minimum waiting time at which patients can now qualify for treatment in each of the specialties provided for the NTPF; the number of patients who have availed of treatment in County Kerry since the NTPF was established; and if he will make a statement on the matter. [21507/04]

My Department has asked the acting chief executive of the national treatment purchase fund to reply directly to the Deputy in the matters raised.

Drugs Payment Scheme.

Breeda Moynihan-Cronin

Question:

766 Ms B. Moynihan-Cronin asked the Minister for Health and Children if he will lower the drug refund threshold for prescription medicines in order to alleviate the cost of same on low income families who do not qualify for a medical card; and if he will make a statement on the matter. [21508/04]

The drug payment scheme, DPS, significantly benefits families and individuals who, regularly or occasionally, are faced with large drug bills. No individual or family has to pay more than €78 per month for prescribed, approved drugs and medicines. Any costs over €78 are paid by the State. The cost of the scheme has risen from €140 million in 2000, the first full year of operation, to €204 million in 2003. I consider it reasonable that the contribution by people benefiting from the scheme should reflect the very high increase in spending.

Where people cannot, without undue hardship, arrange for the provision of medical services for themselves and their dependants, they may be entitled to a medical card. Eligibility for a medical card is solely a matter for the chief executive officer of the relevant health board to decide. In determining eligibility, the CEO has regard to the applicant's financial circumstances. Health boards use income guidelines to assist in determining eligibility. However, where a person's income exceeds that stipulated in the guidelines, a medical card may be awarded if the CEO considers that the person's medical needs or other circumstances would justify this. Medical cards may also be issued to individual family members on this basis.

People suffering from any of the following conditions, who are not already medical card holders, may obtain drugs and medicines without charge for the treatment of that condition under the long-term illness scheme: mental handicap, mental illness, under 16 years only, phenylketonuria, cystic fibrosis, spina bifida, hydrocephalus, diabetes mellitus, diabetes insipidus, haemophilia, cerebral palsy, epilepsy, multiple sclerosis, muscular dystrophies, parkinsonism and acute leukemia.

Hospital Accommodation.

Breeda Moynihan-Cronin

Question:

767 Ms B. Moynihan-Cronin asked the Minister for Health and Children if there have been hospital bed closures at Tralee General Hospital to date in 2004; if bed closures are envisaged at the hospital for the remainder of 2004; the number of beds available for patients currently; and if he will make a statement on the matter. [21509/04]

The provision of hospital services at Kerry General Hospital, Tralee is, in the first instance, a matter for the Southern Health Board. My Department has, therefore, asked the chief executive officer of the Southern Health Board to reply directly to the Deputy with the information requested.

Health Board Services.

Breeda Moynihan-Cronin

Question:

768 Ms B. Moynihan-Cronin asked the Minister for Health and Children the number of patients awaiting orthodontic treatment in County Kerry at present; the numbers waiting in categories A and B; the average waiting time for treatment; the current staff shortages in the county in orthodontics at present and the plans to correct these shortages; and if he will make a statement on the matter. [21510/04]

As the Deputy is aware, responsibility for the provision of orthodontic treatment to patients in County Kerry rests with the Southern Health Board in the first instance. I am pleased to advise the Deputy that I have taken a number of measures to improve orthodontic services in the Southern Health Board area and 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; it will ultimately support an enhanced teaching and treatment service to the wider region under the leadership of the professor of orthodontics.

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 Southern Health Board was allocated an additional €0.720 million from this fund for the treatment of cases in this way.

The orthodontic service in the Southern Health Board is centrally located in St. Finbarr's Hospital Cork with outreach clinics in Tralee three days per week, Mallow 2.5 days on average per week and Bantry two days per week. The chief executive officer of the Southern Health Board has informed my Department that on 15 September last, there was no category A waiting list for orthodontic treatment in Kerry and there were 875 patients on the category B waiting list, with some 25% of these patients waiting less than one year. The chief executive officer also informed my Department that the average waiting time for orthodontic treatment in County Kerry is currently three and a half to four years. The board has experienced difficulty in recruiting specialist staff, with two consultant orthodontist posts being unsuccessfully advertised in 2002. A post of specialist orthodontist was also advertised for Cork and will be re-advertised again early next year.

Furthermore, the chief executive officers of the health boards/authority have informed my Department that at the end of the June quarter 2004, there were 20,236 children receiving orthodontic treatment from health boards/authority; of these, 3,400 children were receiving treatment from the Southern Health Board.

Hospitals Building Programme.

Breeda Moynihan-Cronin

Question:

769 Ms B. Moynihan-Cronin asked the Minister for Health and Children the position with regard to the extension to Kenmare District Hospital in Kenmare, County Kerry; and if he will make a statement on the matter. [21511/04]

As the Deputy is aware, responsibility for the provision of health services in the Kerry area rests with the Southern Health Board in the first instance. The Southern Health Board included a proposal to develop a 14 bed extension to Kenmare Community Hospital as part of its National Development Plan 2000-2006. This was scheduled to commence during the latter part of the plan. The board completed a draft accommodation brief for the project which has been submitted to my Department.

My Department is at present examining the health capital programme to ascertain what new projects can be progressed through either planning or construction stages, taking account of existing commitments and overall funding resources available. It is in this context that my Department will continue to liaise with the Southern Health Board regarding the proposed development at Kenmare Community Hospital in the light of the board's overall capital funding priorities.

Breeda Moynihan-Cronin

Question:

770 Ms B. Moynihan-Cronin asked the Minister for Health and Children the position regarding the proposed new community hospital for Dingle, County Kerry; if a site has been acquired for same and the necessary funding provided; and if he will make a statement on the matter. [21512/04]

Breeda Moynihan-Cronin

Question:

805 Ms B. Moynihan-Cronin asked the Minister for Health and Children if he will release funding to allow for the provision of the new Dingle Community Hospital, Dingle, County Kerry, to proceed to tender stage; the reason there is a delay in this project; and if he will make a statement on the matter. [21709/04]

I propose to take Questions Nos. 770 and 805 together.

As the Deputies will be aware, the provision of health services in the Kerry area is a matter for the Southern Health Board in the first instance. Accordingly, the appointment of contractors for the building of the proposed new Dingle Hospital is a matter for the Southern Health Board.

My Department has received submissions in relation to stages four and five of the project. An advertisement was placed in the EU Journal from which a list of suitable contractors has been selected for the development of a new hospital in Dingle and these are being examined in my Department at present with a view to allowing the scheme to proceed.

The next step of progressing the Dingle project to construction is to arrange for the submission of tenders. This is being considered by my Department in conjunction with the Southern Health Board and in line with the board's priorities and funding resources available.

Breeda Moynihan-Cronin

Question:

771 Ms B. Moynihan-Cronin asked the Minister for Health and Children the position regarding the proposed new community hospital for Tralee, County Kerry; and if he will make a statement on the matter. [21513/04]

As the Deputy will be aware, the provision of health services in the Kerry area is a matter for the Southern Health Board in the first instance. The board included a proposal to develop a 50-bed community nursing unit in Tralee as part of its National Development Plan 2000-2006 which was submitted to my Department.

A project team was established in May 2001 to progress this development. The project team has identified the preferred site for this development on land attached to Tralee General Hospital. The selected site is a three acre site, accessible from the Killerisk Road, which will allow for the community nursing unit to be developed independently from the general hospital campus.

The design team completed the stage three report, which was submitted by the Southern Health Board on 23 December 2003 and was approved by my Department in February 2004. My Department will continue to work with the board in progressing this project in line with the board's priorities and funding resources available. The SHB has informed my Department that the development is subject to a third party planning appeal and a decision is expected from An Bord Pleanála in October 2004.

Cancer Screening Programme.

Breeda Moynihan-Cronin

Question:

772 Ms B. Moynihan-Cronin asked the Minister for Health and Children when he proposes to extend the free breast screening programme to the Southern Health Board area; and if he will make a statement on the matter. [21514/04]

On 10 September, I announced capital funding of approximately €20 million to progress the national roll-out to the southern and western counties. This is the next stage of the roll-out to ensure that all women in the 50 to 64 age group throughout the country will have access to breast screening and follow up treatment where required. I also approved the appointment of a design team to progress the implementation of the expansion programme in the south and west The design team will work up detailed plans for the construction of both BreastCheck clinical units. The BreastCheck clinical unit for the southern area will be at the South Infirmary-Victoria Hospital, Cork with three associated mobile units. The area of coverage will be Counties Cork, Kerry, Waterford, Limerick and Tipperary SR.

The South Infirmary-Victoria Hospital and my Department and BreastCheck, are fully committed to a fast track approach to the roll-out of the programme and representatives are meeting this week to commence the design process.

Breeda Moynihan-Cronin

Question:

773 Ms B. Moynihan-Cronin asked the Minister for Health and Children if prostate screening programmes are in place to help combat the high incidence of prostate cancer; and if he will make a statement on the matter. [21515/04]

The national cancer strategy is currently being developed by the National Cancer Forum in conjunction with my Department. As part of this work, a multi-disciplinary sub-group of the National Cancer Forum has reviewed all issues relating to screening, including examining specific diseases such as prostate and colorectal cancer. In relation to screening for prostate cancer, the group recommended that there is currently insufficient evidence to recommend the introduction of a population-based prostate screening programme in this country. The group also recommended that this issue should be reassessed when the results are available from randomised trials currently being conducted. The group's recommendation will inform the development of the new national cancer strategy.

This position is consistent with recent recommendations adopted by the European Union. This advocates the introduction of cancer screening programmes which have demonstrated their efficacy having regard to professional expertise and priority setting for healthcare resources. The proposals do not provide for specific recommendations in respect of screening for prostate cancer.

Nursing Home Subventions.

Breeda Moynihan-Cronin

Question:

774 Ms B. Moynihan-Cronin asked the Minister for Health and Children the current average waiting time for applicants for nursing home subvention and the current average waiting time for applicants for enhanced nursing home subvention in the Southern Health Board; and if he will make a statement on the matter. [21516/04]

As the Deputy will be aware, the administration of the nursing home subvention scheme is a matter for the Southern Health Board in the first instance. The board has advised my Department that it does not operate a waiting list for nursing home subvention. Nursing home subvention is paid to those who qualify on both financial and medical grounds and is paid from the date of application provided an application form has been submitted to the board and the applicant is resident in the nursing home.

The board has further advised my Department that the average waiting time for enhanced nursing home subvention is now five months, compared to an average waiting time of 20 months in 2003.

Mental Health Services.

Pat Rabbitte

Question:

775 Mr. Rabbitte asked the Minister for Health and Children if services are provided under the aegis of his Department to persons with mental health difficulties; if for the purposes of any such services persons with mental health difficulties are regarded as children until the age of 16 and as adults thereafter; if he will ensure that the age of adulthood in all such ages is set at 18 years; and if he will make a statement on the matter. [21548/04]

Statutory responsibility for the provision of services to people with mental health difficulties rests with the health boards.

The Mental Treatment Act 1945 applies to persons aged 16 and over. Reflecting this legal position, adult mental health services have traditionally dealt with patients from the age of 16. As a consequence, mental health services for children, where they developed, cared for patients up to their 16th birthday. However, the Mental Health Act 2001 defines a child as a person under 18 years of age. Therefore the legal age of adulthood for mental health services will become 18 when the provisions of that Act are fully commenced. It is expected that the Act will be commenced in 2005.

Disabled Drivers.

Finian McGrath

Question:

776 Mr. F. McGrath asked the Minister for Health and Children if he will give the maximum advice and assistance to a person (details supplied) in order to get their car wheelchair accessible and to work with the health board on ensuring funding for this priority case. [21558/04]

A health board may pay a grant towards the purchase of a car and-or adaptations to a car being purchased by a person with a severe disability who is 17 years or older and up to 65 years of age. The car must be essential for him/her to obtain or retain employment. The applicant must have a severe disability and the disability must impede him/her from using public transport.

Applications may also be considered in the cases of persons with severe disabilities, who are incapable of managing the controls of a car, or where on medical opinion it is inadvisable for them to drive, and therefore they must be driven to and from work. Consideration might be given for the purpose of the scheme to award a grant for the purchase of a car in the name of the person with the disability subject to the understanding that he/she will be driven by another person, whose name will be notified to the health board, to and from his/her place of employment.

The assessment of and entitlement to the motorised transport grant including an appeal in any individual case is a matter for the relevant health board. Therefore, applications for this grant should be made directly to the relevant health board. The applicant may also be eligible for assistance through the aids and appliances budget. In this regard, they should contact the East Coast Area Health Board for details.

Health Board Services.

Jimmy Deenihan

Question:

777 Mr. Deenihan asked the Minister for Health and Children if he will confirm that the information which he provided in reply to Parliamentary Question No. 21 of 22 June 2004 was accurate, regarding the average waiting time for orthodontic treatment in Kerry; and if he will make a statement on the matter. [21559/04]

As the Deputy is aware, responsibility for the provision of orthodontic treatment to patients in County Kerry rests with the Southern Health Board in the first instance. I am pleased to advise the Deputy that I have taken a number of measures to improve orthodontic services in the Southern Health Board area and 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; it will ultimately support an enhanced teaching and treatment service to the wider region under the leadership of the professor of orthodontics.

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 Southern Health Board was allocated an additional €720,000 from this fund for the treatment of cases in this way.

The orthodontic service in the Southern Health Board is centrally located in St. Finbarr's Hospital Cork with outreach clinics in Tralee three days per week, Mallow two and a half days on average per week and Bantry two days per week. The chief executive officer of the Southern Health Board has informed my Department that on 15 September last, there was no category A waiting list for orthodontic treatment in Kerry and there were 875 patients on the category B waiting list, with some 25% of these patients waiting less than one year. The chief executive officer also informed my Department that the average waiting time for orthodontic treatment in County Kerry is currently 3.5 to four years. Information previously provided to the Deputy relating to the average waiting time for orthodontic treatment in County Kerry was in accordance with information provided to this Department by the Southern Health Board.

Finally, the chief executive officers of the health boards/authority have informed my Department that at the end of the June quarter 2004, there were 20,236 children receiving orthodontic treatment from health boards/authority; of these, 3,400 children were receiving treatment from the Southern Health Board.

Hospital Staff.

Olivia Mitchell

Question:

778 Ms O. Mitchell asked the Minister for Health and Children the action being taken or being planned following the medical council’s recommendation for three additional surgical consultants for the Cavan-Monaghan hospital. [21585/04]

Responsibility for the provision of services at the Cavan-Monaghan hospital group rests with the North Eastern Health Board. My Department has, therefore, requested the chief executive officer of the board to investigate the position in relation to this matter and to reply directly to the Deputy.

Health Board Services.

Olivia Mitchell

Question:

779 Ms O. Mitchell asked the Minister for Health and Children the planned second testing site for the Irish Blood Transfusion Service in Cork; if it is still intended to proceed with that facility; the amount that has been allocated to date; and the total cost. [21586/04]

The provision of a new blood transfusion centre in Cork will be progressed in the context of the capital investment framework 2004-08. The estimated current capital cost of the project, inclusive of special facilities for nucleic acid amplification technology, NAT, testing, is €28 million approximately.

Departmental Funding.

Finian McGrath

Question:

780 Mr. F. McGrath asked the Minister for Health and Children if he will give the maximum assistance to the National Centre for the Visually Impaired, Grace Park Road, Drumcondra, Dublin 9 in receiving funding; and to work with the Northern Area Health Board to resolve the current difficulty. [21591/04]

Richard Bruton

Question:

781 Mr. R. Bruton asked the Minister for Health and Children his plans to provide capital funding for the development of the National Centre for The Visually Impaired at Grace Park Road, Drumcondra and in particular to provide residential places for girls who are visually impaired, who have been without service since the closure of St. Mary’s school in Mount Merrion in September 2003. [21592/04]

I propose to take Questions Nos. 780 and 781 together.

My Department is currently considering what new capital projects can be progressed nationally this year. The National Centre for the Visually Impaired project at Grace Park Road, Drumcondra, to which the Deputies refer, will be considered in this context in liaison with the Eastern Regional Health Authority.

Health Board Services.

Seán Crowe

Question:

782 Mr. Crowe asked the Minister for Health and Children if his attention has been drawn to the case of a person (details supplied) in Dublin 24 who was recently discharged from the adult psychiatric ward at Tallaght Hospital for the reason that the consultants involved in the case considered the adult wing to be unsuited to a child of 16 years of age; if he would investigate the case as a matter of urgency. [21599/04]

Responsibility for the provision of care and treatment of the named individual rests with the Eastern Regional Health Authority. My Department has therefore asked the regional chief executive to investigate the matter raised by the Deputy and reply to him directly.

Hospital Services.

Denis Naughten

Question:

783 Mr. Naughten asked the Minister for Health and Children further to Parliamentary Question No. 678 of 27 January 2004, if he will provide an update on the development of the service in the west of Ireland; and if he will make a statement on the matter. [21601/04]

Jerry Cowley

Question:

843 Dr. Cowley asked the Minister for Health and Children when he will establish a Mayo rheumatology unit for the long suffering people of County Mayo (details supplied); and if he will make a statement on the matter. [21962/04]

I propose to take Questions Nos. 783 and 843 together.

The expansion of existing rheumatology services is initially a matter for the Western Health Board. The board has prepared a strategic plan for the development of rheumatology services in the region which proposes the appointment of additional rheumatologists. I agree that there is a need for additional investment in rheumatology services both in the west and in other regions. However, the question of funding additional consultant posts in the west can only be considered in the context of the funding available and the priorities for service developments in the acute hospital sector.

Cancer Screening Programme.

Denis Naughten

Question:

784 Mr. Naughten asked the Minister for Health and Children when breast screening will be available to women in County Roscommon; and if he will make a statement on the matter. [21602/04]

On 10 September, I announced capital funding of approximately €20 million to progress the national roll-out to the southern and western counties. This is the next stage of the roll-out to ensure that all women in the 50 to 64 age group throughout the country will have access to breast screening and follow up treatment where required. I also approved the appointment of a design team to progress the implementation of the expansion programme in the south and west. The design team will work up detailed plans for the construction of both BreastCheck clinical units. The BreastCheck clinical unit for the western area will be at the University College Hospital, Galway with two associated mobile units. The area of coverage will be counties Galway, Sligo, Roscommon, Donegal, Mayo, Leitrim, Clare and Tipperary North Riding.

The Western Health Board, my Department and BreastCheck are fully committed to a fast track approach to the roll-out of the programme and representatives are meeting this week to commence the design process.

Departmental Funding.

Denis Naughten

Question:

785 Mr. Naughten asked the Minister for Health and Children if he will allocate funding under the capital investment framework 2004-08 to the County Roscommon Association for the Mentally Handicapped for the refurbishment of Ivy House, Castlerea, County Roscommon; and if he will make a statement on the matter. [21617/04]

Responsibility for the provision of funding for services, including capital investment funding, in the County Roscommon area is a matter, in the first instance, for the Western Health Board. My Department has asked the chief executive officer of the health board to investigate the matter raised by the Deputy and reply directly to him.

The Deputy will appreciate that I cannot, at this stage, give specific commitments in regard to levels of expenditure in 2005 for any particular service or project as these matters will be decided as part of the discussions on the Estimates and budget for that year between the Department and the Department of Finance.

Health Board Services.

Denis Naughten

Question:

786 Mr. Naughten asked the Minister for Health and Children the plans there are to reduce the number of long stay beds at the Plunkett Home, Boyle, County Roscommon by 25; the future plans for this facility; and if he will make a statement on the matter. [21620/04]

As the Deputy will be aware, the provision of health services in Roscommon is a matter for the Western Health Board in the first instance. The board has advised my Department that it has invested significantly over the last two years in the upgrading of the Plunkett Home in Boyle and staffing levels have also been increased. The upgrading has consisted of the renovating of bedrooms and bathrooms, in addition, a palliative care suite has been developed at the hospital. The total cost of capital development at the unit was €428,000.

The board has further advised my Department that it has not made any decision in relation to a reduction in bed numbers at the home, that agreement has been reached with the unions in regard to the appointment of staff to facilitate the opening of the palliative care unit, and that it is currently in the process of recruiting staff for the new unit.

Denis Naughten

Question:

787 Mr. Naughten asked the Minister for Health and Children the action he intends to take to support polio survivors; if he will establish a committee to look into the issues surrounding this condition and to address access to aids, appliances and respite care; and if he will make a statement on the matter. [21621/04]

The provision of health services to people with physical and sensory disabilities, including polio survivors, is a matter for the Eastern Regional Health Authority and the health boards. My Department met the post polio support group in 2002 and discussed a number of issues, including the possibility of setting up a high level committee to look into the issues surrounding this condition. While it is not deemed appropriate to establish such a committee, my Department undertook to investigate a number of issues which were raised and has been in contact with the group in this regard.

In accordance with the commitment in Sustaining Progress, my Department will be conducting a strategic review of existing service provision for people with disabilities. Questions of access to aids and appliances and respite care which have been raised by the Post Polio Support Group will be examined as part of that review.

Hospital Services.

Denis Naughten

Question:

788 Mr. Naughten asked the Minister for Health and Children further to Parliamentary Question No. 140 of 17 June 2004, when a person (details supplied) in County Roscommon will be called for a hip replacement in Galway; and if he will make a statement on the matter. [21628/04]

The provision of hospital services for people living in County Roscommon is a matter for the Western Health Board. My Department has again asked the chief executive officer of the board to investigate the position in relation to this case and to reply directly to the Deputy.

Vaccination Programme.

Denis Naughten

Question:

789 Mr. Naughten asked the Minister for Health and Children further to Parliamentary Question No. 313 of 29 June 2004, the progress to date on the issue; if a detailed examination of the schemes has taken place; the reason for the delay in performing this examination; and if he will make a statement on the matter. [21630/04]

A preliminary review of the vaccine damage compensation schemes in place in a number of other countries was undertaken by my Department. This review was done in order to establish general details of schemes already in existence. It is intended to commence a detailed examination of such schemes before the end of this year.

Denis Naughten

Question:

790 Mr. Naughten asked the Minister for Health and Children the average reported incidence of adverse reactions to each publicly funded vaccination programme; the average incidence of severe adverse reactions to each vaccine; if each of these figures validates the international norm; the numbers of each vaccine administered each year; and if he will make a statement on the matter. [21631/04]

The Irish Medicines Board has advised that much of the data requested by the Deputy needs to be manually prepared because of the concurrent administration of more than one vaccine under the primary childhood immunisation programme.

It has not been possible to complete this task for all the products in the time available. The information will therefore be forwarded to the Deputy as soon as it is received.

Denis Naughten

Question:

791 Mr. Naughten asked the Minister for Health and Children the number of reported severe adverse reactions to DTP three in one vaccine, since it was first administered through the public health service; the number of reports in each respective year; and if he will make a statement on the matter. [21632/04]

The Irish Medicines Board, IMB, has received a total of 324 suspected adverse drug reaction, ADR, reports associated with the use of DTP vaccines since 1972, 87 of which are classified as serious in accordance with agreed international criteria.

A serious ADR is defined as one that is fatal, life threatening, results in persistent or significant disability/incapacity, or prolongs hospitalisation. This definition also includes serious adverse clinical consequences. Accordingly, some of the cases listed below are classified as serious because the children concerned were admitted to hospital for observation, or received treatment, which is classified as an intervention. The serious ADR reports received are consistent with those known to occur with the use of DTP vaccines.

The breakdown of these reports for the respective years is as follows:

Year

Cases

1973

1 case

1974

1 case

1975

2 cases

1976

1 case

1980

2 cases

1981

1 case

1982

2 cases

1984

2 cases

1985

1 case

1986

2 cases

1987

1 case

1988

3 cases

1991

3 cases

1992

4 cases

1993

1 case

1994

2 cases

1995

7 cases

1996

8 cases

1997

3 cases

1998

3 cases

1999

2 cases

2000

1 case

2001

3 cases

Since 2001, there is increasing use of combined vaccines, for example, Tetravac, Infanrix IPV Hib, Pentavac etc., which have replaced the DTP vaccines.

As the Deputy did not specify a particular brand of DTP vaccine, the IMB, when collating this information, included all ADRs for all DTP vaccines. Therefore, the total number of ADRs is different than that given in response to previous parliamentary questions, as those questions related to the use of one specific vaccine brand, for example, the question on Trivax answered on 18 October 2000.

Health Board Services.

Denis Naughten

Question:

792 Mr. Naughten asked the Minister for Health and Children the reason the Western Health Board has discontinued its quarterly cervical smear clinics held throughout County Roscommon; when the last clinic was held; if their removal was part of the 2004 service plan; if the service will be reinstated immediately; and if he will make a statement on the matter. [21644/04]

The provision of health services in County Roscommon is a matter for the Western Health Board. My Department has asked the chief executive officer of the board to examine this matter and to reply directly to the Deputy.

Cancer Screening Programme.

Denis Naughten

Question:

793 Mr. Naughten asked the Minister for Health and Children when the national cervical cancer screening service will be extended nationwide; the counties currently in the service; the timescale for extending it to the remaining counties; the counties currently without any publicly funded screening service; and if he will make a statement on the matter. [21645/04]

A pilot cervical screening programme commenced in October 2000 and is available to eligible women resident in Limerick, Clare and Tipperary North. Under the programme, cervical screening is being offered, free of charge, to approximately 74,000 women in the 25 to 60 age group, at five year intervals.

The Health Board Executive, HeBE, has commissioned an examination of the feasibility and implications of a national roll-out of a cervical screening programme. This is a major undertaking with significant logistical and resource implications. The examination includes an evaluation of the pilot programme, policy development and the establishment of national governance arrangements. The evaluation of the pilot programme is a key element in informing the development of a high quality cervical screening model for Ireland and will be considered by my Department as a matter of priority.

There are approximately 200,000 tests for cervical cancer undertaken annually outside of the current pilot programme. Any woman who is concerned about cervical cancer should contact her general practitioner in this connection.

Health Board Services.

Denis Naughten

Question:

794 Mr. Naughten asked the Minister for Health and Children if funding will be provided to the Midland Health Board to complete and facilitate the occupation of three houses in Castlepollard, County Westmeath by residents of St. Peter’s Centre, Castlepollard; the reason for the delay in providing the necessary funds; the cost of the project to date; and if he will make a statement on the matter. [21648/04]

The development of health related services 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 Midland Health Board with a request that he examine the matter and reply directly to the Deputy, as a matter of urgency.

Hospital Staff.

Paul Kehoe

Question:

795 Mr. Kehoe asked the Minister for Health and Children when he will rearrange a twice cancelled meeting (details supplied) in order for the matter of inadequate dermatology specialists to be addressed; and if he will make a statement on the matter. [21657/04]

I met with representatives of the Irish Association of Dermatologists, southern group, on the 2 September 2004 at which a range of issues concerning dermatology services was discussed.

Medical Studies.

Denis Naughten

Question:

796 Mr. Naughten asked the Minister for Health and Children if the CJD committee completed a tonsil study on persons treated with human growth hormone; the conclusions reached; and if he will make a statement on the matter. [21668/04]

The CJD Advisory Group was established in September 1996 to advise the Minister for Health and Children on all issues relating to CJD, including variant CJD, vCJD, and to provide advice on particular issues referred to the group from time to time by the Minister.

During the period June 2001 to October 2003, as part of its ongoing work on the surveillance of CJD in Ireland, the group explored the possibility of undertaking a study to determine the level of pre-clinical vCJD in the Irish population. As the infecting prion protein associated with vCJD is detectable in tonsil tissue prior to the onset of clinical disease, one option considered was to undertake an analysis of tonsil samples from patients age ten to 30 years of age following a routine tonsillectomy.

Issues related to the feasibility of such a study in Ireland were considered in detail by the group. In addition to serious ethical concerns, the group concluded that, for logistical reasons, such a study would be impracticable in this country as, given the relatively low number of tonsillectomies in Ireland and the expected much lower prevalence of vCJD than in the UK population, there would not be sufficient tonsil samples available to provide meaningful results from such a study. The group, therefore, advised that a tonsil study should not take place.

Medicinal Products.

Denis Naughten

Question:

797 Mr. Naughten asked the Minister for Health and Children when the National Drugs Advisory Board first informed his Department of the fact that growth hormone from pituitary glands administered here was sourced from Irish hospitals; and if he will make a statement on the matter. [21669/04]

The National Drugs Advisory Board was the statutory body which assessed proprietary medicinal products for suitability for human use until the Irish Medicines Board was established on 1 January 1996. The board assessed the technical data about a particular product and if it considered that a product authorisation should issue, it made a recommendation to that effect to my Department which issued product authorisations on behalf of the Minister.

Under the procedures then in place, the documentation that the board furnished to the Department was an extract from the product authorisation application that contained certain administrative information relating to the product. In the case of medicinal products for the treatment of growth disorders, the documentation furnished to the Department would not have indicated the source of the hormone concerned, whether by country or otherwise.

Health Board Allowances.

Dan Neville

Question:

798 Mr. Neville asked the Minister for Health and Children the position with regard to the application by a person (details supplied) in County Limerick for domicillary care allowance from the Mid Western Health Board. [21670/04]

The assessment of entitlement to and payment of the domiciliary care allowance in any individual case is a matter for the relevant health board. Accordingly, a copy of the Deputy's question has been referred to the chief executive officer, Mid-Western Health Board, with a request that he examine the case and reply directly to the Deputy as a matter of urgency.

Health Board Services.

Dan Neville

Question:

799 Mr. Neville asked the Minister for Health and Children if, further to Parliamentary Question No. 123 of 5 May 2004 regarding orthodontic treatment for a person (details supplied) in County Limerick the position as a reply from the chief executive officer of the Mid-Western Health Board as promised in the question has not been forwarded. [21673/04]

As the Deputy is aware, the provision of orthodontic treatment in this case is the responsibility of the Mid-Western Health Board in the first instance. As previously indicated to the Deputy, my Department had requested the chief executive officer of the health board to investigate the case and reply directly to the Deputy. I understand from the board that a response has now issued to the Deputy.

Denis Naughten

Question:

800 Mr. Naughten asked the Minister for Health and Children the waiting times for orthodontic treatment and assessment in each health board area; and if he will make a statement on the matter. [21674/04]

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 the 1 December 2003. In recognition of the importance of this post at Cork Dental School my Department has given approval in principle to a proposal from the school to further substantially improve the training facilities there for orthodontics. This project should see the construction of a large orthodontic unit and support facilities; it will ultimately support an enhanced teaching and treatment service to the wider region under the leadership of the professor of orthodontics.

Orthodontic Initiative funding of €4.698 million was provided to the health boards/authority in 2001 and is enabling health boards to recruit additional staff, and where necessary to engage the services of private specialist orthodontic practitioners to treat patients and to build additional orthodontic facilities.

In June 2002, my Department provided additional funding of €5 million from the treatment purchase fund to health boards/authority specifically for the purchase of orthodontic treatment. This funding is enabling boards to provide both additional sessions for existing staff and purchase treatment from private specialist orthodontic practitioners.

The chief executive officers of the boards/authority have informed my Department of the following information on their orthodontic assessment and treatment waiting lists as at the end of June 2004:

Assessment Waiting List

Treatment Waiting List

Health Board

Average waiting time (months)

Category A average waiting time (months)

Category B average waiting time (months)

SWAHB

3-6

< 10

< 12

ECAHB

< 3

< 6

< 18

NAHB

3-6

< 12

< 24

MHB

4

No Waiting Time

12

MWHB

24-36

No Waiting Time

24-36

NEHB

No waiting time

1.5-2

12-18

NWHB

5.5

14

32.6

SEHB

1.5

No Waiting Time

20

SHB

According to Date of Birth. Currently 1990

No Waiting Time

42-48

WHB

11

No Waiting Time

38

Patients in category A require immediate treatment and include those with congenital abnormalities of the jaws such as cleft lip and palate, and patients with major skeletal discrepancies between the sizes of the jaws. Patients in category B have less severe problems than category A patients.

The chief executive officers of the health boards-authority have informed my Department that at the end of the June quarter 2004 there were 20,236 children receiving orthodontic treatment in the public orthodontic service. This means that there are nearly twice as many children getting orthodontic treatment as there are children waiting to be treated.

Health Board Allowances.

Arthur Morgan

Question:

801 Mr. Morgan asked the Minister for Health and Children the reason a person (details supplied) in County Louth has been refused domiciliary care allowance by North Eastern Health Board; the reason this was not given; the reason for the refusal when requested; and if he will make a statement on the matter. [21692/04]

The assessment of entitlement to and payment of the domiciliary care allowance in any individual case, including the appeals process, is a matter for the relevant health board. Accordingly, a copy of the Deputy's question has been referred to the chief executive officer, North Eastern Health Board, with a request that he examine the case and reply directly to the Deputy as a matter of urgency.

Health Board Services.

Seán Crowe

Question:

802 Mr. Crowe asked the Minister for Health and Children if he will initiate inquiries into the plight of a person (details supplied) in Dublin 24. [21695/04]

Responsibility for the provision of care and treatment of the named individual rests with the Eastern Regional Health Authority. My Department has, therefore, asked the regional chief executive to investigate the matter raised by the Deputy and to reply to him directly.

Hospital Staff.

Breeda Moynihan-Cronin

Question:

803 Ms B. Moynihan-Cronin asked the Minister for Health and Children if he will approve funding for the provision of a consultant neurologist for Kerry General Hospital in Tralee as a matter of urgency; and if he will make a statement on the matter. [21700/04]

The provision of services, including the appointment of staff, at Kerry General Hospital is, in the first instance, a matter for the Southern Health Board. My Department has, therefore, asked the chief executive officer of the Southern Health Board to reply to the Deputy directly.

Parkinson’s Disease.

Breeda Moynihan-Cronin

Question:

804 Ms B. Moynihan-Cronin asked the Minister for Health and Children the number of persons that have been diagnosed with Parkinson’s disease in County Kerry and County Cork. [21701/04]

I regret that my Department does not have information on the prevalence of diagnosed Parkinson's disease, as there is no register for this condition and it is not a notifiable disease. I can, however, give the Deputy information on the number of discharges from hospital from the hospital in-patient enquiry, HIPE, system, which records information on each in-patient and day-case discharge from all publicly-funded acute hospitals. According to this source, the number of discharges in 2003 with a principal diagnosis of Parkinson's disease where county of residence is given as Cork is 77, while the corresponding figure for Kerry is 23.

The Central Statistics Office compiles figures on causes of death. The number of deaths registered due to Parkinson's disease in 2002 for residents of counties Cork and Kerry was 15 and five respectively.

Question No. 805 answered with QuestionNo. 770.

Cancer Incidence.

Fergus O'Dowd

Question:

806 Mr. O’Dowd asked the Minister for Health and Children his views on the findings of the second report of the All Ireland Cancer Statistics 1998-2000; the action the Department will take to reduce the high incidences of lung cancer in the north east as reported; and if he will make a statement on the matter. [21710/04]

The all Ireland cancer statistics second report examines the incidence of cancer among county and council districts throughout Ireland during the period 1998 to 2000. The report shows variations in cancer incidence and mortality for different regions of the country.

The variation in the incidences of lung cancer is strongly influenced by smoking which tends to be most prevalent in urban and particularly deprived urban areas. While lung cancer remains the leading cause of cancer death in Ireland, there has been a significant decline in rates among men. However, the incidence rates among women are increasing. Smoking is a causative factor in the majority of lung cancer deaths and my Department continues to tackle this problem through legislative, environmental and health promotion measures. The prohibition of smoking in all places of work, which I introduced earlier this year, will help protect the health and safety of workers and the public from the toxic affect of tobacco smoke and is expected to have a significant impact on the incidences of lung cancer in the coming years.

The information in the report is based on 1998 to 2000 data. Significant developments in cancer services have taken place in recent years. The overall additional cumulative funding allocated to cancer services in this country since 1997 is in excess of €550 million including an additional €15 million revenue which I allocated this year. An additional 104 consultant posts in key areas of cancer treatment and 245 clinical nurse specialists across all health board areas have been funded. There has also been approximately €95 million in capital funding allocated specifically for the development of cancer related initiatives, including an investment of €60 million in radiation oncology.

As regards investment in services located in the North Eastern Health Board, additional cumulative funding of approximately €28 million has been made available since 1997 for the development of treatment and care services for patients suffering from cancer. This funding has enabled the appointment of an additional ten consultants, together with support staff in key areas such as medical oncology, haematology, breast surgery and palliative care. The funding has also enabled the appointment of an additional 20 cancer care nurse specialists across the region.

The new national cancer strategy will target investment for cancer services over the next number of years and will make recommendations in relation to the development and organisation of services nationally. The strategy will also provide a mechanism for the development, implementation, monitoring and updating of clinical guidelines for the treatment of cancer.

Smoking Ban.

Finian McGrath

Question:

807 Mr. F. McGrath asked the Minister for Health and Children his views on whether Members of the Oireachtas who have their own offices are exempt from the smoking ban under the Constitution; and if he will make a statement on the matter. [21712/04]

The smoke-free workplaces measures apply, with limited exceptions, to all enclosed places of work. The exemptions are specified in the Public Health (Tobacco) (Amendment) Act 2004. Offices in State buildings are not included in these exemptions.

Hospital Services.

Finian McGrath

Question:

808 Mr. F. McGrath asked the Minister for Health and Children if he will give an update on funding for diabetes services in Beaumont Hospital; the number of meetings with the hospital authorities since April 2004 (details supplied); and if there are improvements in services since April 2004. [21713/04]

Services at Beaumont Hospital are provided under an arrangement with the Eastern Regional Health Authority and my Department has, therefore, asked the regional chief executive of the authority to examine this issue and to reply to the Deputy directly.

Hospital Property.

Denis Naughten

Question:

809 Mr. Naughten asked the Minister for Health and Children when he will issue a reply to correspondence which has forwarded to him (details supplied); the reason for the delay in response to same; and if he will make a statement on the matter. [21717/04]

The Deputy's question refers to the sale of lands attached to the St. Brigid's Psychiatric Hospital, Ballinasloe.

I am informed by the Western Health Board that it will shortly engage estate agents to handle the disposal of the property. Applications from interested parties to purchase all or part of the lands will be dealt with by the estate agents.

Health Board Services.

Gay Mitchell

Question:

810 Mr. G. Mitchell asked the Minister for Health and Children if a person (details supplied) in Dublin 12 will be treated and examined in order that they can remain in their own home with some comfort and dignity; and if he will make a statement on the matter. [21721/04]

As the Deputy will be aware, the provision of health services in the Dublin 12 area is, in the first instance, the responsibility of the South Western Area Health Board acting under the aegis of the Eastern Regional Health Authority. My Department has, therefore, asked the chief executive of the authority to investigate the matter raised by the Deputy and to reply direct to him as a matter of urgency.

John McGuinness

Question:

811 Mr. McGuinness asked the Minister for Health and Children the school and home support which has been put in place for a person (details supplied) in County Carlow; if a full assessment of this person has been completed; if all of the recommendations from that assessment have been acted upon; and if he will make a statement on the matter. [21723/04]

Responsibility for the provision of services, including assessment, in the County Carlow area is a matter in the first instance for the South Eastern Health Board. My Department has asked the chief executive officer of the health board to investigate the matter raised by the Deputy and to reply directly to him.

John McGuinness

Question:

812 Mr. McGuinness asked the Minister for Health and Children the assessments which have been carried out in the case of a person (details supplied) in County Kilkenny relating to their speech and language difficulties; if recommendations or interventions have been or will be made; the number of hours of one to one therapy this person has or will receive; the location at which this person is placed; the placement which is recommended for the future; if the assessments and reports will be made available to a person (details supplied); and if he will make a statement on the matter. [21724/04]

The provision of health services, including speech and language therapy, to people with a physical and-or sensory disability rests with 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 South Eastern Health Board with a request that he examine the matter raised and reply directly to him as a matter of urgency.

Hospital Parking Charges.

John McGuinness

Question:

813 Mr. McGuinness asked the Minister for Health and Children if the parking charge of €3 at St. Luke’s Hospital, Kilkenny will be reduced to €1 in line with city centre charges; if a day rate will be considered for persons visiting a number of times each day; and if he will make a statement on the matter. [21725/04]

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

Hospital Services.

John McGuinness

Question:

814 Mr. McGuinness asked the Minister for Health and Children the reasons for the delay in arranging a hip operation for a person (details supplied) in County Kilkenny; and if the matter will be expedited. [21726/04]

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 to reply directly to the Deputy.

John McGuinness

Question:

815 Mr. McGuinness asked the Minister for Health and Children the progress which has been made in the provision of information technology systems at the gynec unit at St Luke’s Hospital, Kilkenny; and if he will make a statement on the matter. [21727/04]

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

John McGuinness

Question:

816 Mr. McGuinness asked the Minister for Health and Children if the full cost of a private nursing home will be covered for a person (details supplied) in County Carlow or a long stay bed provided at St. Luke’s, Kilkenny, in view of the financial circumstances of the family and this person’s serious medical circumstances; and if a decision in the case will be expedited. [21728/04]

The provision of hospital 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 reply to the Deputy directly in relation to this issue.

Disabled Drivers.

John McGuinness

Question:

817 Mr. McGuinness asked the Minister for Health and Children if a primary medical certificate will be issued to a person (details supplied) in County Kilkenny; the number of certificates issued throughout the country for this condition; and if he will make a statement on the matter. [21730/04]

The medical assessment for the purpose of the disabled drivers and disabled passengers tax concessions scheme is carried out by the senior area medical officer in the relevant health board. This function is to assist the Department of Finance who have statutory responsibility for the disabled drivers and disabled passengers tax concessions scheme. Accordingly, my Department has asked the Chief Executive Officer, South Eastern Health Board, to investigate this case and reply directly to the Deputy as a matter of urgency.

In regard to the information on the number of primary medical certificates issued throughout the country for the condition of Ankylosing Spondilitis, this information is not readily available in my Department. I have therefore asked the chief executives of each health board and the regional chief executive of the Eastern Regional Health Authority to investigate this matter and reply as a matter of urgency.

Hospital Services.

John McGuinness

Question:

818 Mr. McGuinness asked the Minister for Health and Children if an appointment and appropriate treatment will be expedited for a person (details supplied) in County Kilkenny; and if he will make a statement on the matter. [21731/04]

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.

Medical Cards.

John McGuinness

Question:

819 Mr. McGuinness asked the Minister for Health and Children if an appeal for a medical card will be expedited in the name of a person (details supplied) in County Kilkenny; and if the card will be issued in view of the medical circumstances of this person. [21732/04]

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

Hospital Services.

John McGuinness

Question:

820 Mr. McGuinness asked the Minister for Health and Children if the needs assessment for MRI services submitted to his Department by the SEHB has been examined; the date it was received by his Department; the number of meetings held with the SEHB regarding the matter; when a decision will be made; his views on the length of time it is taking to resolve the issue; and if he will make a statement on the matter. [21733/04]

A needs assessment report on the matter referred to by the Deputy was submitted by the South Eastern Health Board to my Department in December 2003. The report was subsequently examined by my Department and a reply issued in February 2004. The matter was more recently discussed during the course of a meeting with the board in May when it was agreed that the issues involved would be kept under review in the light of the board's regional MRI requirements.

Services for People with Disabilities.

John McGuinness

Question:

821 Mr. McGuinness asked the Minister for Health and Children the number of primary medical certificates issued throughout the country to persons with the condition of dwarfism; and if he will make a statement on the matter. [21734/04]

This information is not readily available in my Department. My Department has asked the chief executives of each health board and the regional chief executive of the Eastern Regional Health Authority to investigate this matter and reply as a matter of urgency.

Hospital Services.

John McGuinness

Question:

822 Mr. McGuinness asked the Minister for Health and Children his plans to provide another minibus for SOS, Kilkenny; and if he will make a statement on the matter. [21748/04]

Responsibility for the provision of services, including the provision of a minibus for SOS, Kilkenny, is a matter, in the first instance, for the South Eastern Health Board. My Department has asked the chief executive officer of the health board to investigate the matter raised by the Deputy and reply directly to him.

Health Reform Programme.

Gay Mitchell

Question:

823 Mr. G. Mitchell asked the Minister for Health and Children if the board will investigate the concerns of a person (details supplied) in Dublin 12 concerning treatment of their late spouse before death. [21787/04]

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.

Nursing Home Subventions.

Bernard Allen

Question:

824 Mr. Allen asked the Minister for Health and Children the reason a person (details supplied) in County Cork is only receiving €83 per week subvention for their nursing home accommodation at Ballincollig; the reason they have now, through their brother-in-law been forced to sell their house to pay part of the nursing home fees; and the reason they are not getting an increased subvention to pay the nursing home fees. [21796/04]

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

Child Care Services.

Bernard Allen

Question:

825 Mr. Allen asked the Minister for Health and Children when the Southern Health Board will make a decision on an application made in May 2004 for domiciliary care by a person (details supplied) in County Cork in respect of their child as no decision has been made to date. [21797/04]

The assessment of entitlement to and payment of the domiciliary care allowance in any individual case is a matter for the relevant health board. Accordingly, a copy of the Deputy's question has been referred to the chief executive officer, Southern Health Board, with a request that he examine the case and reply directly to the Deputy as a matter of urgency.

Care of the Elderly.

Fergus O'Dowd

Question:

826 Mr. O’Dowd asked the Minister for Health and Children the number of private nursing home beds in each health board region broken down by county. [21803/04]

I wish to advise the Deputy that the information requested is not routinely collected by my Department. My Department has, therefore, asked the chief executive officers of the Eastern Regional Health Authority and the health boards to arrange for the collation of the information requested by the Deputy and reply direct to him as a matter of urgency.

Medical Cards.

Bernard J. Durkan

Question:

827 Mr. Durkan asked the Minister for Health and Children when a medical card will issue to a person (details supplied) in County Kildare; and if he will make a statement on the matter. [21807/04]

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

Hospital Waiting Lists.

Liz McManus

Question:

828 Ms McManus asked the Minister for Health and Children the reason a person (details supplied) in Dublin 5 has been waiting more than three months for a bypass operation; and if he will make a statement on the matter. [21814/04]

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 her directly.

I understand that, as the person has been waiting more than three months, she qualifies for treatment under the national treatment purchase fund, NTPF. My Department has been informed that the matter is being pursued with the NTPF.

Hospital Procedures.

John Gormley

Question:

829 Mr. Gormley asked the Minister for Health and Children the person he appointed to conduct an investigation into symphysiotomy; the reason the person appointed stated that they could not take on the role; and if he will make a statement on the matter. [21818/04]

The chief medical officer of my Department has been seeking an external reviewer to examine the practice of symphysiotomy as a tool of obstetrical practice in Ireland in past decades, taking into account the availability and safety of alternative procedures. A medical expert at the Karolinska Institute, Stockholm, Sweden, was identified as a suitable candidate and indicated his interest in conducting the review.

However, he later informed the chief medical officer that his work schedule would not allow him to undertake such a review in the foreseeable future. The chief medical officer is continuing to seek a suitable international expert to perform the review.

Proposed Legislation.

John Gormley

Question:

830 Mr. Gormley asked the Minister for Health and Children the number of Bills that have been drafted outside the Office of the Attorney General by solicitors since the general election of 2002; the cost to date of the outsourcing of the drafting of legislation; if legislation has had to be corrected subsequently in many cases; the Bills which are currently being drafted by firms of solicitors; the legislation he intends to outsource this term; and if he will make a statement on the matter. [21830/04]

Pat Rabbitte

Question:

962 Mr. Rabbitte asked the Minister for Health and Children if the approval of the Attorney General was sought by his Department in regard to the subcontracting out to private firms of the drafting of legislation; the number of occasions on which such consent was given; if the Attorney General is satisfied with the drafting of legislation outside of his office; and if he will make a statement on the matter. [22709/04]

I propose to take Questions Nos. 830 and 962 together.

In respect of the legislation on tobacco, my Department commissioned a barrister to draw up legislative proposals. However the legislation — the Public Health Tobacco Bill — was drafted in the Office of the Attorney General in accordance with normal procedures.

While my Department occasionally seeks outside assistance in respect of legislation that it is drawing up, it has not outsourced or subcontracted the drafting of any other primary legislation to any persons outside the Office of the Attorney General. There are no plans to outsource the drafting of legislation this term.

Departmental Investigations.

Seymour Crawford

Question:

831 Mr. Crawford asked the Minister for Health and Children when the information requested by this Deputy in Parliamentary Question No. 244 of 7 July 2004 will be provided; and if he cannot advise on the number of reports and queries he has set up or instigated since he took office and the cost of same; and if he will make a statement on the matter. [21841/04]

The collating of the information has taken somewhat longer than expected. The details are currently being finalised and are expected to be provided to the Deputy by 8 October.

Health Board Services.

Pat Breen

Question:

832 Mr. P. Breen asked the Minister for Health and Children when a person (details supplied) in County Clare will be called for orthodontic treatment; and if he will make a statement on the matter. [21856/04]

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

Seán Crowe

Question:

833 Mr. Crowe asked the Minister for Health and Children when orthodontic treatment will be made available to a person (details supplied) in Dublin 7. [21877/04]

As the Deputy is aware, responsibility for the provision of orthodontic treatment to eligible persons in Dublin 7 rests with the Eastern Regional Health Authority. My Department has asked the chief executive officer to investigate the matter raised by the Deputy and to reply to him directly.

Seán Crowe

Question:

834 Mr. Crowe asked the Minister for Health and Children if there have been developments with regard to an application for orthodontic treatment for a person (details supplied) in Dublin 7. [21878/04]

As the Deputy is aware, responsibility for the provision of orthodontic treatment to eligible persons in Cabra West, Dublin, rests with the Eastern Regional Health Authority. My Department has asked the chief executive officer to investigate the matter raised by the Deputy and to reply to him directly.

Hospital Waiting Lists.

Michael Ring

Question:

835 Mr. Ring asked the Minister for Health and Children when a person (details supplied) in County Mayo will be called to University College Hospital, Galway for an EEG. [21914/04]

The provision of hospital services for people living in County Mayo is a matter for the Western Health Board. My Department has asked the chief executive officer of the board to investigate the position in this case and to reply directly to the Deputy.

Health Board Services.

Michael Ring

Question:

836 Mr. Ring asked the Minister for Health and Children the authority which will deal with matters for each county with regard to the new structures in place in relation to the health boards under the Health (Amendment) Act 2004; the way in which persons will obtain information; if there will be a person in place to deal with queries on a county basis; if the county structure will stay in place; the situation in relation to the new arrangements for health boards; and if enquiries should be directed to him or to the health boards. [21915/04]

The Government decision of 17 June 2003 provided, inter alia, for the establishment of a health service executive incorporating a national hospitals office, primary community and continuing care directorate and national shared services centre; four regional health offices of the health service executive for the delivery of primary, community and continuing care services, retaining the existing community care structures at local level; and the abolition of the existing health boards and the Eastern Regional Health Authority and transfer of their functions to the health service executive. I will be bringing a new health Bill to the House in the near future that will provide the legislative framework for this division of responsibilities. The Health (Amendment) Act 2004, which came into effect on 15 June, provided for the abolition of the membership of the seven health boards, the Eastern Regional Health Authority and the area health boards and the assignment of functions reserved to members of the boards to the chief executive officers of the boards and the ERHA.

We are currently in a period of transition to the new system. At this juncture, the ERHA, area boards and the health boards continue to be responsible for the provision of health and personal social services within their functional areas. Persons seeking information on such services should contact the chief executive of the ERHA or chief executive officer of the relevant health board/area board or the relevant ERHA-board staff member with any queries which they might have.

The interim health service executive has been established and is making preparations to establish the health service executive, which will be a single executive authority to manage the health system as a national service. A new CEO has been appointed to the executive and is due to take up this position in Spring 2005.

Yesterday, I announced the four regional areas of the Health Service Executive which are the western region, the southern region, Dublin-north east and Dublin-mid-Leinster. I will forward a copy of the map setting out these new regional boundaries to the Deputy under separate cover. These regional centres are not health boards, but rather units which will assist in the co-ordination of services delivered through the local health offices. This structure will improve patient services and minimise disruption for staff working in existing locations, although functions, roles and responsibilities and lines of accountability may change.

The regional offices will be responsible for performance management, translating national policies through the local areas and gathering and relaying information on a regional basis. Interaction with local communities and their elected representatives through regional fora will also be a key function. Hospitals and local structures for primary, community and continuing care will report to the national directorates in the health service executive. This model of service delivery will bring service decision making closer to the client-patient through the local health offices and will enable the delivery of a flexible and responsive service.

Customer services and public information are among the various elements of planning the transition and integration of services which the interim health service executive is addressing. Local health offices will be a key constituent of the organisational design for delivery of services. The arrangements to be put in place will be published in due course and pending this, individuals should continue to deal with health bodies locally.

Asylum Support Services.

Fergus O'Dowd

Question:

837 Mr. O’Dowd asked the Minister for Health and Children his views on the recent North Eastern Health Board report, Mosney Accommodation Centre for Asylum Seekers: current issues and concerns in providing health and social care. [21916/04]

Officials from my Department have met with the North Eastern Health Board to discuss the report referred to by the Deputy. The report proposes that the health and social needs of asylum seekers resident in the board area need to be examined in more detail. The Department has agreed with the North Eastern Health Board's proposal that it conduct a needs assessment study.

Asthma Incidence.

Jimmy Deenihan

Question:

838 Mr. Deenihan asked the Minister for Health and Children the number of asthma sufferers here; the breakdown for each health board area; the rate in County Kerry; and if he will make a statement on the matter. [21917/04]

Jimmy Deenihan

Question:

915 Mr. Deenihan asked the Minister for Health and Children if figures are available regarding the number of asthma sufferers here; the breakdown for each health board area; the rate in County Kerry; and if he will make a statement on the matter. [22298/04]

I propose to take Questions Nos. 838 and 915 together.

As asthma is not a notifiable disease, there are no precise statistics available on the number of people with the condition in Ireland. Information regarding the number of persons suffering from asthma in each health board area is not routinely collected by my Department.

Health Board Services.

Pat Carey

Question:

839 Mr. Carey asked the Minister for Health and Children if he will report on discussions between his Department and health boards and the professional bodies representing chiropodists regarding additional charges being levied by them on medical card holders; and if he will make a statement on the matter. [21937/04]

There have been no discussions between the Department of Health and Children and the professional bodies representing chiropodists. However, officials from the Department of Health and Children have had a number of meetings with officials from the Eastern Regional Health Authority in an attempt to resolve the issue of the imposition of the levies by some of the chiropodists who are participating in their chiropody scheme.

Health Centres.

Pat Carey

Question:

840 Mr. Carey asked the Minister for Health and Children when it is expected that funds will be made available to the Northern Area Health Board to fit out the Ballymun health centre; and if he will make a statement on the matter. [21938/04]

Róisín Shortall

Question:

952 Ms Shortall asked the Minister for Health and Children the reason the new Ballymun Health Centre remains idle since it was completed in February 2003; the action which he has taken in the past three months to resolve this matter; and when the necessary funding will be provided to commission this much needed facility. [22777/04]

I propose to take Questions Nos. 840 and 952 together.

The former Eastern Health Board and its successors the Eastern Regional Health Authority, ERHA ,and the Northern Area Health Board, NAHB, in conjunction with Ballymun Regeneration Limited, a wholly-owned subsidiary of Dublin City Council, proceeded with this development in the absence of my Department's involvement or approval. Consequently, my Department must conduct an evaluation of this project in terms of the criteria applicable to health capital developments. The Deputy will appreciate that a detailed examination of this development is a fundamental requirement for those who are accountable for approving it. Clarifications over scope, procurement procedures and funding must be resolved in this case.

My Department will continue to work closely with the ERHA to resolve the outstanding issues as quickly as possible.

Drugs Payment Scheme.

Eamon Gilmore

Question:

841 Mr. Gilmore asked the Minister for Health and Children if he has considered including cilostazol on the GMS scheme; and if he will make a statement on the matter. [21959/04]

There is a common list of reimbursable medicines for the general medical services and drug payment schemes. This list ensures equity between the schemes in relation to the range of medicines paid for by the State. The list is reviewed and amended monthly, as new products become available and deletions are notified.

For an item to be included on the common list, it must comply with a published list of criteria. These include authorisation status where appropriate, price and, in certain cases, the intended use of the product. In addition, the product should ordinarily be supplied to the public only by medical prescription and should not be advertised or promoted to the public. It is a matter for the manufacturer of a particular drug or medicine to apply to my Department to have its product included in the common list.

A medical cardholder who experiences financial difficulty in obtaining items not on the common list should approach the health board for assistance.

Ambulance Service.

Jerry Cowley

Question:

842 Dr. Cowley asked the Minister for Health and Children the progress he has made in the establishment of an all-Ireland helicopter emergency medical service as recommended by the HEMS feasibility study consultants report; if he has completed discussions with other Departments on this matter; and if he will make a statement on the matter. [21961/04]

My Department and the Department of Health, Social Services and Public Safety, Belfast, DHSSPS, commissioned a feasibility study and report on the costs and benefits associated with the introduction of a dedicated helicopter emergency medical services, HEMS, for the island of Ireland. The decision to commission the study followed a recommendation by a cross-Border working group on pre-hospital emergency care, one of a number of groups established under the North-South Ministerial Council to examine areas of North-South co-operation in the health field.

The report of the consultants appointed to undertake the study was published on 30 April 2004 and is available on my Department's website. The study identifies possible roles for a helicopter emergency medical service, HEMS:

"Primary Response" — travelling directly to the scene of an incident to take the patient to hospital and "Inter-hospital Response" — the planned, rapid transfer between hospital of patients requiring specialist care, escorted by skilled professionals.

The study concludes that an inter-hospital transfer service would be the most appropriate in an all-island context. The study indicates that this would involve significant capital investment and annual operating costs. The estimated cost is €12 million capital and €4 million annual operating costs for a single helicopter. Additional helicopters could be added with an additional annual cost for each aircraft of over €3 million.

An air ambulance service is currently provided to the health boards by the Air Corps on a request and availability basis. The Air Corps provides this service subject to the nature of the mission, available aircraft and other operational commitments. Air Corps helicopters operate from airports and, where available and deemed safe, hospital helipads. Most transfers are airport to airport with onward transfer by land ambulance. The service is well regarded and appreciated by those in the health service who avail of it.

My Department is exploring options in relation to HEMS development in the light of the recent study. As part of this exercise, it has initiated discussions with the Department of Defence and the Department of Communications, Marine and Natural Resources-Irish Coastguard.

Question No. 843 answered with QuestionNo. 783.

Cancer Screening Programme.

Jerry Cowley

Question:

844 Dr. Cowley asked the Minister for Health and Children when the roll out of funding in the south west for BreastCheck will take place; the timeframe involved; and if he will make a statement on the matter. [21963/04]

On 10 September, I announced capital funding of approximately €20 million to progress the national roll out to the southern and western counties. This is the next stage of the roll out to ensure that all women in the 50 to 64 age group throughout the country will have access to breast screening and follow up treatment where required. I also approved the appointment of a design team to progress the implementation of the expansion programme in the south and west. The design team will work up detailed plans for the construction of both BreastCheck clinical units.

The BreastCheck clinical unit for the western area will be at the University College Hospital, Galway, with two associated mobile units. The area of coverage will be Counties Galway, Sligo, Roscommon, Donegal, Mayo, Leitrim, Clare and Tipperary NR. The BreastCheck clinical unit for the southern area will be at the South Infirmary/Victoria Hospital, Cork with three associated mobile units. The area of coverage will be Cork, Kerry, Limerick, Tipperary SR. and Waterford.

The South Infirmary-Victoria Hospital, the Western Health Board and my Department and BreastCheck, are fully committed to a fast track approach to the roll-out of the programme and representatives are meeting this week to commence the design process.

Civil Registration Service.

Róisín Shortall

Question:

845 Ms Shortall asked the Minister for Health and Children when he expects the full implementation of the Civil Registration Act 2004; the details of the expected date of effect of each separate provision; and if he will make a statement on the matter. [21968/04]

The civil registration service has been engaged in a major modernisation programme in recent years which includes conversion of all historic registration data to electronic format, development and implementation, on a countrywide basis, of a new computerised registration system. This work, which is key to the implementation of the Civil Registration Act 2004, is nearing completion. The Civil Registration Act 2004 provides for the commencement of the various provisions of the Act on a phased basis. It is anticipated that Parts 1,2, 3, 5 and 8 of the Act, which relate to the restructuring of the service and the registration of births, stillbirths and deaths will have been commenced by the end of 2004.

The new procedures for marriage are set out in Part 6 of the Civil Registration Act and include universal procedures for notification, solemnisation and registration of marriages. Before these provisions can be commenced, a substantial body of work needs to be completed, including, regulations, guidelines and detailed procedures; establishment of a register of solemnisers, and the further development of the computer system to incorporate the new marriage provisions introduced by the Civil Registration Act.

In addition, the General Register Office is decentralising to Roscommon at the end of 2004, and this involves considerable effort to ensure the transfer of skills and corporate knowledge to the new team. For these reasons An tArd Chláraitheoir is unable to give a specific date for implementation of the new marriage procedures, but it is unlikely to be before the middle of 2005. It is intended to give as much notice to the public as possible and a comprehensive public information campaign will be undertaken at the appropriate time.

An tArd-Chláraitheoir is in touch with the Adoption Board in relation to the implementation of Part 4 of the Act, establishment of an electronic register of adoptions, and with the Courts Service in relation to the implementation of Part 7 of the Act, establishment of a register of decrees of divorce and decrees of nullity. However, it is not possible at the present time to give specific dates when these provisions of the Act can be implemented.

Health Board Services.

Michael Ring

Question:

846 Mr. Ring asked the Minister for Health and Children if he will make additional funding available in order that the orthodontic treatment waiting lists can be tackled under the national treatment purchase fund; and if he will make a statement on the matter. [21988/04]

As the Deputy is aware, 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 increase the treatment capacity of the orthodontic service.

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, including two from the Western Health Board, WHB, 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; it will ultimately support an enhanced teaching and treatment service to the wider region under the leadership of the professor of orthodontics.

In June 2002, my Department provided additional funding of €5 million from the treatment purchase fund towards the treatment of persons on the orthodontic waiting lists; the WHB received €465,000 from this fund. My Department instructed the health boards/authority that the funding was to be allocated on the basis of the following principles: treatment of clients longest on the waiting list in accordance with the severity of their treatment need; allocation to provide additional treatments over and above what was provided in the normal way; efficiency and value for money; and equitable delivery across health board populations.

The allocation of additional funds will be considered in light of funding availability and the capacity of the health boards to strengthen the level of orthodontic services provided.

The chief executive officers of the health boards-authority have informed my Department that at the end of the June quarter 2004, there were 20,236 children receiving orthodontic treatment in the public orthodontic service. This means that there are nearly twice as many children getting orthodontic treatment as there are children waiting to be treated.

Michael Ring

Question:

847 Mr. Ring asked the Minister for Health and Children when a person (details supplied) in County Mayo will be called for orthodontic treatment; and their current placing on the treatment waiting list. [21989/04]

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

Hospital Waiting Lists.

Michael Ring

Question:

848 Mr. Ring asked the Minister for Health and Children when a person (details supplied) in County Mayo will be called for a cataract removal operation. [22022/04]

The provision of hospital services for people living in County Mayo is a matter for the Western Health Board. My Department has asked the chief executive officer of the board to investigate the position in relation to this case and to reply directly to the Deputy.

Michael Ring

Question:

849 Mr. Ring asked the Minister for Health and Children when a person (details supplied) in County Mayo will be called to Merlin Park in Galway for a hip operation. [22023/04]

The provision of hospital services for people living in County Mayo is a matter for the Western Health Board. My Department has asked the chief executive officer of the board to investigate the position in relation to this case and to reply directly to the Deputy.

Michael Ring

Question:

850 Mr. Ring asked the Minister for Health and Children when a person (details supplied) in County Mayo will be called for physiotherapy. [22024/04]

The provision of hospital services for people living in County Mayo is a matter for the Western Health Board. My Department has asked the chief executive officer of the board to investigate the position in relation to this case and to reply directly to the Deputy.

Departmental Contracts.

Michael Ring

Question:

851 Mr. Ring asked the Minister for Health and Children when advertisements will be placed for the renewal contracts for taxi and hackney hire. [22025/04]

As this is a matter for the Western Health Board, my Department has asked the chief executive officer of the Western Health Board to examine the matter and reply directly to the Deputy.

Hospital Waiting Lists.

Michael Ring

Question:

852 Mr. Ring asked the Minister for Health and Children when a person, details supplied, in County Mayo will be called for heart bypass surgery in Dublin; and if they can be treated under the national treatment purchase fund. [22026/04]

The provision of hospital services for people living in County Mayo is a matter for the Western Health Board. My Department has asked the chief executive officer of the board to investigate the position with regard to this case, including the person's eligibility under the national treatment purchase fund and to reply directly to the Deputy.

Michael Ring

Question:

853 Mr. Ring asked the Minister for Health and Children when a person, details supplied, in County Mayo will be called to Galway for an eye operation. [22027/04]

The provision of hospital services for people living in County Mayo is a matter for the Western Health Board. My Department has asked the chief executive officer of the board to investigate the position with regard to this case and to reply directly to the Deputy.

Health Board Staff.

Michael Ring

Question:

854 Mr. Ring asked the Minister for Health and Children if he will provide details of all the chief executive officers of the health boards including their current salary rate, expenses and travel expenses for the past 12 months; and when their individual contracts are due to expire. [22028/04]

The information requested by the Deputy in relation to remuneration is set out in the table below.

Name of board

Salary Scale (as of 1/7/04)

Regional Chief Executive (ERHA)

144,240

Area Chief Executive, East Coast Area Health Board

127,661

Area Chief Executive, Northern Area Health Board

127,661

Area Chief Executive, South Western Area Health Board

127,661

Midland Health Board

117,712

Mid-Western Health Board

117,712

North Eastern Health Board

117,712

North Western Health Board

117,712

South Eastern Health Board

127,661

Southern Health Board

127,661

Western Health Board

127,661

The Deputy may wish to note that contracts of service are between each individual chief executive officer and the relevant health board or authority. Information in respect of contract tenure is currently being compiled by my Department and will be provided to the Deputy shortly.

Responsibility for the payment of travel and other expenses rests with each health board or authority. My Department has therefore asked the chief executive officer of each health board and the regional chief executive of the Eastern Regional Health Authority to investigate the matter raised by the Deputy and to reply to him directly.

Michael Ring

Question:

855 Mr. Ring asked the Minister for Health and Children the position regarding the chief executive officers of the health boards; the details of the deal which has been made with regard to this matter; if these persons will be re-employed in the health services; if their contract will be extended or renewed; if the contracts are being extended, the cost of same to his Department; and if the contracts are not being extended, the payments which will be made on conclusion of the contracts for these persons to leave their posts. [22029/04]

Discussions are continuing between my Department and the health board chief executive officers regarding personnel issues arising from the impending abolition of the health boards. While these discussions are ongoing, it would not be appropriate for me to comment further on the matters raised by the Deputy.

Health Board Services.

Michael Ring

Question:

856 Mr. Ring asked the Minister for Health and Children when a person, details supplied, in County Mayo will be called for orthodontic treatment; when they were first placed on the treatment list; the number they are placed at on that list; and when this person can expect to be called for treatment. [22030/04]

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

Michael Ring

Question:

857 Mr. Ring asked the Minister for Health and Children when a person, details supplied, in County Mayo will be approved for home help. [22031/04]

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

Nursing Home Subventions.

Michael Ring

Question:

858 Mr. Ring asked the Minister for Health and Children the subventions which were paid by the Western Health Board in the past year; the amounts paid to each nursing home in County Mayo, both public and private; the names and addresses of the nursing homes; and the number of subvention applications which are still pending. [22032/04]

The information requested by the Deputy in relation to amounts paid to private nursing homes is, I understand from the Western Health Board, commercially sensitive and the board is not willing to release it into the public domain.

As the responsibility of running the scheme in County Mayo rests with the Western Health Board, my Department requested the information on the amount of subventions in the past year and the number of applications outstanding. My Department has been informed by the Western Health Board that in the past year the cost of the nursing home subvention scheme is €15,027,612. The number of people in receipt of subvention in the board's area over the past year is as follows:

Number

August 2003

1,237

September 2003

1,277

Octobter 2003

1,272

November 2003

1,266

December 2003

1,292

January 2004

1,293

February 2004

1,310

March 2004

1,330

April 2004

1,324

May 2004

1,321

June 2004

1,348

July 2004

1,361

Currently, there are 190 applications pending for subvention.

Services for People with Disabilities.

Michael Ring

Question:

859 Mr. Ring asked the Minister for Health and Children his plans to increase the funding allocated towards personal assistants and the development fund for personal assistants to assist persons with disabilities. [22033/04]

The Government has decided on a new approach to current funding in the case of disability support services, including the provision of personal assistant services. A multi-annual funding package for current expenditure on high priority disability support services, including the provision of personal assistant services, will be agreed within the Estimates and budget process, which is now in progress. This is the first time that Government has adopted this approach in the case of spending on services. It will significantly assist the development of the framework set out in the initiatives announced around the launch of the Disability Bill 2004. This new approach shows the Government's commitment to funding for disability support services.

Michael Ring

Question:

860 Mr. Ring asked the Minister for Health and Children if he will make funding available for an organisation, details supplied, which supplies canine partners for persons with disabilities. [22034/04]

The provision of health related services, including the funding of services for persons with disabilities, is a matter for the Eastern Regional Health Authority and the health boards in the first instance. My Department has no plans to provide funding for this organisation.

Drugs Saving Scheme.

Michael Ring

Question:

861 Mr. Ring asked the Minister for Health and Children the funding which was paid, on a county basis and on an individual basis, through the saving drugs scheme by which doctors saved money on drugs; the amount paid to doctors through this scheme; the health centres built in County Mayo from funding under this scheme; and the funding allocated from his Department for them. [22035/04]

The indicative drugs target saving scheme is operated by the General Medical Services (Payments) Board whereby individual doctors can accrue savings on their indicative drugs budget to fund capital developments in their practices. The money is drawn down on application, with the support of the health board, from the general practitioners involved. The national distribution of payments under the scheme from the time of its commencement is set out on a county basis in tabular form as follows:

County

Amount paid from GP savings

Carlow

866,946

Cavan

1,191,695

Clare

2,439,633

Cork

9,566,826

Donegal

9,620,500

Dublin

18,867,368

Fermanagh

11,531

Galway

4,460,066

Kerry

3,274,138

Kildare

679,692

Kilkenny

1,271,250

Laois

677,511

Leitrim

2,232,230

Limerick

3,719,965

Longford

1,088,539

Louth

2,519,932

Mayo

6,002,893

Meath

2,450,963

Monaghan

737,643

Offaly

592,387

Roscommon

1,986,573

Sligo

2,558,230

Tipperary

1,923,209

Waterford

4,791,394

Westmeath

1,424,218

Wexford

3,067,881

Wicklow

2,133,409

TOTAL

90,156,620

Details of payments to doctors on an individual basis in respect of the drugs savings scheme will be sent to the Deputy.

The Western Health Board has been requested to provide information in respect of any allocations of funding from this source which have been used by the board for the development of health centres in County Mayo. This information will be forwarded to the Deputy on receipt.

Health Board Services.

Michael Ring

Question:

862 Mr. Ring asked the Minister for Health and Children when a person, details supplied, in County Mayo will be approved for home help. [22036/04]

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

Michael Ring

Question:

863 Mr. Ring asked the Minister for Health and Children when a person, details supplied, in County Mayo will be approved for home help assistance; when their application for home help was received by the health board; if they are placed on an assessment waiting list; and when they will be assessed. [22037/04]

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

Vaccination Programme.

Denis Naughten

Question:

864 Mr. Naughten asked the Minister for Health and Children the claims received by health boards and his Department from parents regarding possible damage from State supported vaccination programmes over the past ten years; the complaints associated with each vaccination programme; and if he will make a statement on the matter. [22058/04]

The information requested by the Deputy has not been provided in full by the health boards and the ERHA in the time available. This information will be forwarded to the Deputy as soon as it is received.

Hospital Waiting Lists.

John Perry

Question:

865 Mr. Perry asked the Minister for Health and Children if a person, details supplied, in County Sligo will be called for an operation in Sligo General Hospital in view of the deterioration in his condition; and if he will make a statement on the matter. [22091/04]

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

Disabled Drivers.

M. J. Nolan

Question:

866 Mr. Nolan asked the Minister for Health and Children his plans to resolve the difficulties encountered by disabled drivers awaiting primary certificates; and the resources available in order to alleviate this problem. [22103/04]

The medical assessment for, and granting of, a primary medical certificate for the purpose of the disabled drivers and disabled passengers (tax concessions) scheme is carried out by the senior area medical officer in the relevant health board. This function is to assist the Department of Finance which has statutory responsibility for the disabled drivers and disabled passengers (tax concessions) scheme.

I am aware of current difficulties regarding the Medical Board of Appeal which deals with appeals from those who are refused the primary medical certificate. These difficulties are being addressed by the Department of Finance.

Hospital Services.

Michael Ring

Question:

867 Mr. Ring asked the Minister for Health and Children when a person, details supplied, in County Mayo will be called to Galway for cataract removal surgery. [22105/04]

The provision of hospital services for people living in County Mayo is a matter for the Western Health Board. My Department has asked the chief executive officer of the board to investigate the position in relation to this case and to reply directly to the Deputy.

Hospital Funding.

Joe Sherlock

Question:

868 Mr. Sherlock asked the Minister for Health and Children the details of funding for capital and expenditure for 2003 and 2004 in respect of hospitals, details supplied, in County Cork. [22107/04]

My Department allocates funding to the Southern Health Board for the provision of health services to persons living in counties Cork and Kerry. The distribution of that funding to the various acute hospitals mentioned by the Deputy is a matter for the Southern Health Board. My Department has, therefore, asked the chief executive officer of the Southern Health Board to provide the information requested in respect of these hospitals directly to the Deputy.

Health Board Staff.

Joe Sherlock

Question:

869 Mr. Sherlock asked the Minister for Health and Children when he will be making an announcement in respect of finance for a CT scanner at Mallow General Hospital. [22108/04]

Joe Sherlock

Question:

871 Mr. Sherlock asked the Minister for Health and Children the date for the appointment of radiologists to Mallow General Hospital. [22110/04]

Joe Sherlock

Question:

872 Mr. Sherlock asked the Minister for Health and Children if the position of consultant surgeon is likely to become vacant at Mallow General Hospital. [22111/04]

I propose to take Questions Nos. 869, 871 and 872 together.

The Southern Health Board recently submitted proposals to my Department for the provision of CT scanning facilities at Mallow General Hospital. I am pleased to say that I have now given approval to the Southern Health Board to proceed and I have approved a capital grant of €1.5 million to the board for the project.

My Department recently gave financial clearance to the Southern Health Board for the filling of a replacement consultant surgeon post at Mallow General Hospital. The post will fall to be filled as a result of the retirement of a consultant surgeon at the hospital in April 2005. It is now a matter for the board to progress the filling of this replacement post in the normal way through Comhairle na nOspidéal and the Local Appointments Commission.

The Southern Health Board and the Mercy University Hospital have submitted applications for approval of consultant radiologist posts that would provide consultant radiologist cover for Mallow General Hospital. Discussions are continuing between my Department, the Southern Health Board and the Mercy University Hospital with a view to progressing this matter. Funding for these posts is being considered in the context of available revenue funding and the 2005 Estimates process.

Health Reform Programme.

Joe Sherlock

Question:

870 Mr. Sherlock asked the Minister for Health and Children if phase 2 of the Hanly report is being implemented with regard to two hospitals, details supplied, in County Cork. [22109/04]

The Hanly report made specific recommendations regarding the future structure of acute hospital services in two regions, the East Coast Area Health Board and the Mid-Western Health Board. While the report set out a series of principles for the future structure of hospital services nationally, no specific recommendations are made for other regions. No specific recommendations are made for Cork University Hospital or Mallow General Hospital.

An acute hospitals review group has been appointed to prepare a national plan for the reorganisation of acute hospital services. I anticipate that the current and future role of Cork University and Mallow General hospitals will be examined in this context.

Questions Nos. 871 and 872 answered with Question No. 869.

Hospital Waiting Lists.

Denis Naughten

Question:

873 Mr. Naughten asked the Minister for Health and Children when a person, details supplied, will be called for hand surgery in view of the fact that it requires an urgent admission; and if he will make a statement on the matter. [22115/04]

The provision of hospital services for people living in County Roscommon is a matter for the Western Health Board. My Department has asked the chief executive officer of the board to investigate the position in relation to this case and to reply directly to the Deputy.

Health Board Services.

Dan Neville

Question:

874 Mr. Neville asked the Minister for Health and Children when an orthodontic procedure will be completed for a person, details supplied, in County Limerick. [22117/04]

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

Hospitals Building Programme.

Dan Neville

Question:

875 Mr. Neville asked the Minister for Health and Children further to Parliamentary Questions Nos. 353 of 25 November 2003 and 289 of 9 March 2004, the position regarding the promised response from the chief executive officer of the Mid-Western Health Board in connection with the ownership of land, details supplied, in County Limerick under investigation and the promise by the Minister that an update will be provided. [22121/04]

My Department has been in contact with the office of the chief executive officer of the Mid-Western Health Board regarding the promised response in connection with the ownership of lands at Gotoon, Kilmallock, County Limerick. I understand that the CEO will arrange shortly for the property manager of the board to directly provide the Deputy with information on the board's current position pertaining to the lands and the issue of ownership.

Hospital Waiting Lists.

Dan Neville

Question:

876 Mr. Neville asked the Minister for Health and Children when an MRI scan will be made available to a person, details supplied, in County Limerick. [22122/04]

The provision of hospital services for people living in County Limerick is a matter for the Mid-Western Health Board. My Department has asked the chief executive officer of the board to investigate the position with regard to this case and to reply directly to the Deputy.

Services for People with Disabilities.

Dan Neville

Question:

877 Mr. Neville asked the Minister for Health and Children if speech therapy will be made available to a person, details supplied, in County Limerick. [22126/04]

The provision of health services, including speech and language therapy, to people with a physical and-or sensory disability rests with the Eastern Regional Health Authority and the health boards in the first instance. Accordingly, the Deputy's query has been forwarded to the chief executive officer of the Mid-Western Health Board with a request that he examine the matter raised and reply directly to the Deputy, as a matter of urgency.

Health Board Services.

Dan Neville

Question:

878 Mr. Neville asked the Minister for Health and Children when an orthodontic procedure will be completed for a person, details supplied, in County Limerick. [22129/04]

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

Medical Cards.

Liz McManus

Question:

879 Ms McManus asked the Minister for Health and Children the estimated cost of extending the medical card to children up to the age of 18 and to those in full-time education up to the age of 23; and if he will make a statement on the matter. [22141/04]

It is extremely difficult to provide an estimate of the cost of extending eligibility in the manner described by the Deputy because of the negotiations which would have to be conducted with the service providers involved. However, the cost of extending eligibility to all persons up to age 18 years would be in the region of €115 million, on the basis of the existing fee levels. There would also, of course, be other associated costs with a medical card such as the dental and ophthalmic schemes.

The cost of extending eligibility to those in full-time education between the ages of 18 and 23 would, on a similar basis, be about €11 million. However, it should be noted that some students, aged between 16 and 25 years, who are in full-time education and are financially dependent on their parents, who are also medical card holders, may be eligible for a medical card.

Mental Health Services.

Pat Breen

Question:

880 Mr. P. Breen asked the Minister for Health and Children the plans he will put in place to prevent overcrowding in the acute psychiatric unit of Ennis Hospital, County Clare, that was a matter of concern in the inspector of mental hospital’s annual report; and if he will make a statement on the matter. [22162/04]

Responsibility for the provision of the services referred to by the Deputy rests with the Mid-Western Health Board. My Department has therefore asked the chief executive officer to investigate the matter raised by the Deputy and reply to him directly.

Hospital Services.

Fergus O'Dowd

Question:

881 Mr. O’Dowd asked the Minister for Health and Children the steps his Department has taken to improve staffing levels, facilities, proper management of clinics and to provide extra clerical and portering staff as requested by the Irish Nurses Organisation at the Lourdes hospital in Drogheda. [22163/04]

Firstly, I should state that the management and staffing of specific health agencies is the responsibility of the relevant chief executive officer. However, I have made inquiries with the North Eastern Health Board and I understand that the discussions between the board and the Irish Nurses Organisation are in relation to fracture clinics. I am informed that various improvements have taken place or are underway; air conditioning has been installed, replacement seating will be provided and additional portering will be in place shortly. I understand that discussions with the INO are ongoing.

Hospitals Building Programme.

Paul McGrath

Question:

882 Mr. P. McGrath asked the Minister for Health and Children if he will report on the progress made to date on phase 2B of the Midland Regional Hospital at Mullingar; the progress made in the past 12 months towards bringing this project to fruition; and the expected timeframe for the completion of this project. [22164/04]

My Department, having examined the board's stage 2 submission, development control plan, for phase 2B of the Midland Regional Hospital Mullingar, recently approved proceeding to stage 3 planning, sketch design, for the project. The Department's letter of approval requested the preparation, by the board, of a management plan for all remaining planning stages up to tender stage. This management plan will allow the preparation of a timeframe for completion of the project.

Health Board Staff.

Pat Breen

Question:

883 Mr. P. Breen asked the Minister for Health and Children if a proposed application by the Mid-Western Health Board for a neurologist in the region will be considered by the Government as a matter of urgency due to the long waiting lists for neurologists in Cork and Galway; and if he will make a statement on the matter. [22172/04]

The Deputy is aware that the Comhairle na nOspidéal report on neurology and neurophysiology services recommended significant enhancement of neurology and neurophysiology services, including increases in consultant manpower. The comhairle report recommended the development of a consultant-staffed neurology unit at Limerick Regional Hospital to provide services for the mid-western region with links to the neuroscience centre in Cork.

The implementation of the comhairle recommendations will be progressed having regard to the evolving policy framework in this area, competing funding priorities and the implementation of the report of the national task force on medical staffing, Hanly report.

Hospital Accommodation.

Pat Breen

Question:

884 Mr. P. Breen asked the Minister for Health and Children if he will consider the application by the Mid-Western Health Board for additional bed capacity in Ennis General Hospital to deal with the overcrowding; and if he will make a statement on the matter. [22173/04]

The report of the national task force on medical staffing — Hanly report — emphasised the need for 3,000 additional acute hospital beds and stressed the need to appoint more consultants. An assessment of the need for additional acute beds in Ennis will be a key element of the implementation of the Hanly's recommendations in the Mid-Western Health Board area.

National Treatment Purchase Fund.

Pat Breen

Question:

885 Mr. P. Breen asked the Minister for Health and Children if he has satisfied himself with the current referrals in the Mid-Western Health Board under the national treatment purchase fund; the reason there is a low level of take-up on referral offers; if he will provide a tabular statement of referrals and take-up offers for 2002 and 2003; and if he will make a statement on the matter. [22174/04]

Up to the end of August 2004, a total of 887 patients from the mid-west region have been offered treatment under the national treatment purchase fund, NTPF, with 446 patients accepting an offer of treatment. My Department has been informed by the NTPF that the patient uptake of the NTPF option from the mid-west region is out of line with the position nationally. The NTPF and the Mid-Western Health Board are conducting an analysis of the take-up rate.

The NTPF is confident that further opportunities exist to increase the take-up of referrals from the mid-west region. To assist this process, the NTPF has agreed to reduce the eligible time for patients from the mid-west to three months for all specialities.

Hospitals Building Programme.

Pat Breen

Question:

886 Mr. P. Breen asked the Minister for Health and Children when he expects the outline development control plan to be approved by his Department; if funding for the €20 million upgrading of Ennis General Hospital will be provided in the 2005 budget; and if he will make a statement on the matter. [22175/04]

Work on the preparation of an outline development control plan, ODCP, for Ennis General Hospital has commenced and is now well underway. This work is being directed by a project team, which includes representatives of my Department, the Mid-Western Health Board, and the hospital. The design team has proposed alternative design options for consideration by the project team. These are now being examined and considered in the normal way. I understand that design work on the outline development control plan is nearing completion.

The proposed priority areas for development include the accident and emergency department, out-patients department, radiology and in-patient ward areas. The ODCP will help to define the scope and content of the first phase of redevelopment for Ennis General Hospital and to confirm final decisions in relation to the sequence of construction work in due course. Funding will be made available by my Department, under the national development plan, to progress this project in 2005.

Health Board Staff.

Cecilia Keaveney

Question:

887 Cecilia Keaveney asked the Minister for Health and Children the efforts that are being made to recruit extra orthodontic consultants in the north-west region; and if he will make a statement on the matter. [22176/04]

Cecilia Keaveney

Question:

889 Cecilia Keaveney asked the Minister for Health and Children if money could be made available to health boards from the national treatment purchase fund for orthodontic priority treatments, particularly in areas where orthodontic staff are scarce and lists are backing up due to circumstances beyond their control; and if he will make a statement on the matter. [22178/04]

I propose to take Questions Nos. 887 and 889 together.

The provision of orthodontic services is a matter for the health boards in the first instance.

I am pleased to advise the Deputy that I have taken a number of measures to improve orthodontic services in the North Western Health Board, NWHB, area and 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, including one from the NWHB, 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; it will ultimately support an enhanced teaching and treatment service to the wider region under the leadership of the professor of orthodontics.

Orthodontic initiative funding of €4.698 million was provided to the health boards-authority in 2001 and this has enabled health boards to recruit additional staff, engage the services of private specialist orthodontic practitioners to treat patients and build additional orthodontic facilities. The NWHB was allocated an additional €0.273 million in 2001 for orthodontic services of which €0.178 million was for the orthodontic initiative.

In June 2002, my Department provided additional funding of €5 million from the national treatment purchase fund towards the treatment of persons on the orthodontic waiting lists; the NWHB received €285,000 from this fund. My Department instructed the health boards-authority that the funding was to be allocated on the basis of the following principles: treatment of clients longest on the waiting list in accordance with the severity of their treatment need; allocation to provide additional treatments over and above what was provided in the normal way; efficiency and value for money; and equitable delivery across health board populations.

The allocation of additional funds will be considered in light of funding availability and the capacity of the health boards to strengthen the level of orthodontic services provided.

The management of orthodontic staff in the NWHB is the statutory responsibility of the chief executive officer. Therefore, my Department has asked the chief executive officer of the NWHB to provide the Deputy with the information requested.

Finally, the chief executive officers of the health boards-authority have informed my Department that at the end of the June quarter 2004, there were 20,236 children receiving orthodontic treatment in the public orthodontic service. This means that there are nearly twice as many children getting orthodontic treatment as there are children waiting to be treated.

Health Board Services.

Cecilia Keaveney

Question:

888 Cecilia Keaveney asked the Minister for Health and Children his plans to expedite results for smear tests for women in the north west region; and if he will make a statement on the matter. [22177/04]

The provision of health services in the north west is a matter for the North Western Health Board. My Department has asked the chief executive officer of the board to examine this matter and to reply directly to the Deputy as a matter of urgency.

Question No. 889 answered with QuestionNo. 887.

David Stanton

Question:

890 Mr. Stanton asked the Minister for Health and Children further to Parliamentary Question No. 109 of 26 May 2004 the amount provided to each health board of the addition funding of €5 million from the treatment purchase fund provided to health boards and authorities specifically for the purchase of orthodontic treatment in June 2002; the number of extra patients that are being treated in each health board/authority as a result of the provision of the additional funding; if all of this additional funding has now been expended by the health boards; if not, the amounts remaining; and if he will make a statement on the matter. [22184/04]

As the Deputy is aware, the provision of orthodontic services is a matter for the health boards 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 the 1st of December 2003. In recognition of the importance of this post at Cork Dental School my Department has given approval in principle to a proposal from the school to further substantially improve the training facilities there for orthodontics. This project should see the construction of a large orthodontic unit and support facilities; it will ultimately support an enhanced teaching and treatment service to the wider region under the leadership of the professor of orthodontics.

Orthodontic initiative funding of €4.698 million was provided to the health boards/authority in 2001 and this has enabled health boards to recruit additional staff, engage the services of private specialist orthodontic practitioners to treat patients and build additional orthodontic facilities.

In June 2002 my Department provided additional funding of €5 million from the treatment purchase fund towards the treatment of persons on the orthodontic waiting lists. My Department instructed the health boards/authority that the funding was to be allocated on the basis of the following principles: treatment of clients longest on the waiting list in accordance with the severity of their treatment need; allocation to provide additional treatments over and above what was provided in the normal way; efficiency and value for money and; equitable delivery across health board populations.

The chief executive officers of the health boards/authority have informed my Department of the following information regarding patients receiving treatment under the treatment purchase fund as at the end of June 2004:

Health Board/Authority

TPF Allocation € (1)

Numbers in treatment

ERHA (2)

1.815m

721

MHB

0.289m

198

MWHB (3)

0.451m

176

NEHB (4)

0.421m

196

NWHB

0.285m

119

SEHB (5)

0.554m

n/a

SHB (6)

0.720m

258

WHB (7)

0.465m

101

(1) The proportion of allocated funds spent to date will vary according to private capacity in the health board areas.

(2) 27 of these patients have completed their treatment under this scheme

(3) 15 of these patients have completed their treatment under this scheme.

(4) 26 of these patients have completed their treatment under this scheme.

(5) 2,104 children getting orthodontic treatment from the board (at 30/6/04).

(6) 49 of these patients have completed their treatment under this scheme.

(7) 13 of these patients have completed their treatment under this scheme.

Children in treatment receive between 18 to 24 appointments over the course of their treatment period so it is not possible to say how much of the money remains unspent but it is all committed to the treatment of the above patients.

Finally, the chief executive officers of the health boards/authority have informed me that at the end of the June quarter 2004, there were 20,236 children receiving orthodontic treatment in the public orthodontic service. This means that there are over twice as many children getting orthodontic treatment as there are children waiting to be treated.

David Stanton

Question:

891 Mr. Stanton asked the Minister for Health and Children the progress that has been made with regard to the proposal to improve the training facilities at the Cork Dental School for orthodontics; the further progress that has been made in the construction of a large orthodontic unit and support facilities; the funding needed to construct such a unit; and if he will make a statement on the matter. [22185/04]

As the Deputy is aware, the provision of orthodontic services is a matter for the health boards in the first instance.

The commitment of the Department to orthodontic 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. The chief executive officer of the Southern Health Board has reported that the professor, who commenced duty in December last, is currently in the process of establishing the post-graduate training programme leading to specialist qualification in orthodontics. In recognition of the importance of the post of professor of orthodontics 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, which is currently at an early design stage, will see the construction of a large orthodontic unit and support facilities; it will ultimately support an enhanced teaching and treatment service to the wider region under the leadership of the professor of orthodontics. As the project is at an early design stage, the total funding required has yet to be finalised.

David Stanton

Question:

892 Mr. Stanton asked the Minister for Health and Children the number of children in each of the health boards and authorities currently awaiting orthodontic assessment and treatment respectively; the average waiting times for each; and if he will make a statement on the matter. [22186/04]

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; it will ultimately support an enhanced teaching and treatment service to the wider region under the leadership of the professor of orthodontics.

Orthodontic initiative funding of €4.698 million was provided to the health boards/authority in 2001 and is enabling health boards to recruit additional staff, and where necessary to engage the services of private specialist orthodontic practitioners to treat patients and to build additional orthodontic facilities.

In June 2002, my Department provided additional funding of €5 million from the treatment purchase fund to health boards/authority specifically for the purchase of orthodontic treatment. This funding is enabling boards to provide both additional sessions for existing staff and purchase treatment from private specialist orthodontic practitioners.

The chief executive officers of the boards/authority have informed my Department of the following information on their orthodontic waiting lists as at the end of June 2004 quarter:

Assessment Waiting List

Treatment Waiting List

Health Board

Average waiting time (months)

Category A

Average waiting time (months)

Category B

Average waiting time (months)

SWAHB

382

3-6

784

< 10

517

< 12

ECAHB

130

< 3

37

< 6

183

< 18

NAHB

257

3-6

125

< 12

2,249

< 24

MHB

228

4

Nil

No waiting time

187

12

MWHB

2,784

24-36

Nil

No waiting time

519

24-36

NEHB

Nil

No waiting time

6

1.5-2

286

12-18

NWHB

1,999

5.5

223

14

1,081

32.6

SEHB

122

1.5

Nil

No waiting time

667

20

SHB

2,972

According to date of birth. Currently 1990

Nil

No waiting time

3,172

42-48

WHB

558

11

Nil

No waiting time

866

38

Patients in category A require immediate treatment and include those with congenital abnormalities of the jaws such as cleft lip and palate, and patients with major skeletal discrepancies between the sizes of the jaws. Patients in category B have less severe problems than category A patients.

Finally, the chief executive officers of the health boards/authority have informed my Department that at the end of the June quarter 2004, there were 20,236 children receiving orthodontic treatment in the public orthodontic service. This means that there are nearly twice as many children getting orthodontic treatment as there are children waiting to be treated.

Departmental Websites.

Paul McGrath

Question:

893 Mr. P. McGrath asked the Minister for Health and Children regarding his Department website, the number of persons who have responsibility for upgrading the website and eliminating outdated and often inaccurate information. [22199/04]

The Department currently has two staff working on website maintenance and development. In addition to the main Department's website www.doh.ie the staff work on the Departments intranet, healthNET and on several other departmental related website projects. The Department’s main site www.doh.ie is regularly reviewed for relevant content. The site, in addition to holding current information relating to the work of the Department also fulfils a function of an electronic archive for publications, press releases and speeches. The main site www.doh.ie is currently being redeveloped and will be relaunchedshortly.

Health Board Services.

Michael Ring

Question:

894 Mr. Ring asked the Minister for Health and Children when a person (details supplied) in County Mayo will be called for an MRI scan on their right hand; and if they can be called to Galway urgently for the scan. [22210/04]

The provision of hospital services for people living in County Mayo is a matter for the Western Health Board. My Department has asked the chief executive officer of the board to investigate the position in relation to this case and to reply directly to the Deputy.

John Perry

Question:

895 Mr. Perry asked the Minister for Health and Children if he will ensure that a personal assistant is appointed for a person (details supplied) in County Sligo in view of the circumstances outlined in attached correspondence; and if he will make a statement on the matter. [22215/04]

The provision of health related services, including personal assistants for people with a 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, North Western Health Board with a request that he examine the case and reply directly to the Deputy as a matter of urgency.

Michael Ring

Question:

896 Mr. Ring asked the Minister for Health and Children the reason a full and detailed reply did not issue from the Western Health Board to a person (details supplied) in County Mayo regarding refusal for orthodontic treatment on assessment. [22218/04]

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

Michael Ring

Question:

897 Mr. Ring asked the Minister for Health and Children if he will provide a detailed report in relation to the refusal of a person (details supplied) in County Mayo for orthodontic treatment on assessment. [22219/04]

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

Michael Ring

Question:

898 Mr. Ring asked the Minister for Health and Children if the guidelines for qualification for orthodontic treatment, which issued in 1985 will be updated, in view of the number of children with a clinical need for treatment who do not come within the current guidelines. [22220/04]

Michael Ring

Question:

899 Mr. Ring asked the Minister for Health and Children if the guidelines for qualification for orthodontic treatment, which issued in 1985, can be interpreted differently by each health board, dependent on their level or resources or numbers of qualified staff. [22221/04]

I propose to take Questions Nos. 898 and 899 together.

The provision of orthodontic services is the statutory responsibility of the health boards in the first instance. I am pleased to advise the Deputy that health boards are already providing orthodontic treatment to a large number of children. The chief executive officers of the health boards/authority have informed my Department that at the end of the June quarter 2004, there were 20,236 children receiving orthodontic treatment in the public orthodontic service. This means that there are over twice as many children getting orthodontic treatment as there are children waiting to be treated.

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

The guidelines were issued in 1985. They are intended to enable health boards to identify in a consistent way those in greatest need and to commence timely treatment for them. Patients in category A require immediate treatment and include those with congenital abnormalities of the jaws such as cleft lip and palate, and patients with major skeletal discrepancies between the sizes of the jaws. Patients in category B have less severe problems than category A patients and are placed on the orthodontic treatment waiting list. Patients in category C have less severe problems than in category B. The number of cases treated is dependent on the level of resources available, in terms of qualified staff, in the area, and this is reflected in the treatment waiting list.

Michael Ring

Question:

900 Mr. Ring asked the Minister for Health and Children the number of children refused orthodontic treatment in each health board area, for the past five years, on the basis that they did not come within the treatment guidelines; and if any of these people were subsequently treated following a reassessment of their needs. [22222/04]

As the Deputy is aware, the provision of orthodontic treatment services is the responsibility of the health boards/authority in the first instance.

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

The guidelines were issued in 1985. They are intended to enable health boards to identify in a consistent way those in greatest need and to commence timely treatment for them. Patients in category A require immediate treatment and include those with congenital abnormalities of the jaws such as cleft lip and palate, and patients with major skeletal discrepancies between the sizes of the jaws. Patients in category B have less severe problems than category A patients and are placed on the orthodontic treatment waiting list. Patients in category C have less severe problems than in category B. The number of cases treated is dependent on the level of resources available, in terms of qualified staff, in the area, and this is reflected in the treatment waiting list.

The information requested by the Deputy is not routinely collected by my Department. My Department has therefore asked the chief executive officers of the health boards/authority to provide the information requested directly to the Deputy.

Michael Ring

Question:

901 Mr. Ring asked the Minister for Health and Children the waiting list in each health board area for orthodontic assessment and orthodontic treatment; and the number of people that have received orthodontic treatment in each area in the past 12 months. [22223/04]

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; it will ultimately support an enhanced teaching and treatment service to the wider region under the leadership of the professor of orthodontics.

Orthodontic Initiative funding of €4.698 million was provided to the health boards/authority in 2001 and this has enabled health boards to recruit additional staff, engage the services of private specialist orthodontic practitioners to treat patients and build additional orthodontic facilities.

In June 2002, my Department provided additional funding of €5 million from the treatment purchase fund to health boards/authority specifically for the purchase of orthodontic treatment. This funding is enabling boards to provide both additional sessions for existing staff and purchase treatment from private specialist orthodontic practitioners.

The chief executive officers of the boards/authority have informed my Department of the following information on their orthodontic waiting lists as at the end of June 2004 quarter:

Assessment Waiting List

Treatment Waiting List

Health Board

Average waiting time (months)

Category A

Average waiting time (months)

Category B

Average waiting time (months)

SWAHB

382

3-6

784

< 10

517

< 12

ECAHB

130

< 3

37

< 6

183

< 18

NAHB

257

3-6

125

< 12

2,249

< 24

MHB

228

4

Nil

No waiting time

187

12

MWHB

2,784

24-36

Nil

No waiting time

519

24-36

NEHB

Nil

No waiting time

6

1.5-2

286

12-18

NWHB

1,999

5.5

223

14

1,081

32.6

SEHB

122

1.5

Nil

No waiting time

667

20

SHB

2,972

According to date of birth. Currently 1990

Nil

No waiting time

3,172

42-48

WHB

558

11

Nil

No waiting time

866

38

Patients in category A require immediate treatment and include those with congenital abnormalities of the jaws such as cleft lip and palate, and patients with major skeletal discrepancies between the sizes of the jaws. Patients in category B have less severe problems than category A patients.

The chief executive officers of the boards/authority have also informed my Department of the following number of patients currently in treatment:

ERHA

MHB

MWHB

NEHB

NWHB

SEHB

SHB

WHB

3,701

2,155

1,637

2,652

3,044

2,104

3,400

1,543

Children in treatment in the health board orthodontic service receive between 18 to 24 appointments over the course of their treatment period of approximately two years.

Finally, the chief executive officers of the health boards/authority have informed my Department that at the end of the June quarter 2004, there were 20,236 children receiving orthodontic treatment in the public orthodontic service. This means that there are nearly twice as many children getting orthodontic treatment as there are children waiting to be treated.

Michael Ring

Question:

902 Mr. Ring asked the Minister for Health and Children the number of people referred for orthodontic treatment, under the national treatment purchase fund; the cost for each health board area and if he will indicate the average time spent on the treatment waiting list for these people. [22224/04]

As the Deputy is aware, the provision of orthodontic services is a matter for the health boards in the first instance.

In June 2002 my Department provided additional funding of €5 million from the treatment purchase fund towards the treatment of persons on the orthodontic waiting lists. My Department instructed the health boards/authority that the funding was to be allocated on the basis of the following principles: treatment of clients longest on the waiting list in accordance with the severity of their treatment need; allocation to provide additional treatments over and above what was provided in the normal way; efficiency and value for money; and equitable delivery across health board populations.

The chief executive officers of the health boards/authority have informed my Department of the following information regarding patients receiving treatment under the treatment purchase fund as at the end of June 2004:

Health Board/Authority

TPF Allocation € (1)

Numbers in treatment

ERHA (2)

1.815m

721

MHB

0.289m

198

MWHB (3)

0.451m

176

NEHB (4)

0.421m

196

NWHB

0.285m

119

SEHB (5)

0.554m

n/a

SHB (6)

0.720m

258

WHB (7)

0.465m

101

(1) The proportion of allocated funds spent to date will vary according to private capacity in the health board areas.

(2) 27 of these patients have completed their treatment under this scheme

(3) 15 of these patients have completed their treatment under this scheme.

(4) 26 of these patients have completed their treatment under this scheme.

(5) 2,104 children getting orthodontic treatment from the board (at 30/6/04).

(6) 49 of these patients have completed their treatment under this scheme.

(7) 13 of these patients have completed their treatment under this scheme.

Children in treatment in the health board orthodontic service receive between 18 to 24 appointments over the course of their treatment period of approximately two years. Information on the length of time of these patients spent on the treatment waiting list is not available.

Michael Ring

Question:

903 Mr. Ring asked the Minister for Health and Children the current staffing levels in the orthodontic section of the Western Health Board. [22225/04]

The management of orthodontic services in the Western Health Board area is the responsibility of the chief executive officer of the Western Health Board. My Department has asked the chief executive officer to investigate the matter raised by the Deputy and to reply to him directly.

Health Board Payments.

Paul Connaughton

Question:

904 Mr. Connaughton asked the Minister for Health and Children when an award will be finalised for a person (details supplied) in County Galway in relation to a High Court decision regarding a patient assault case when they were employed by the Eastern Health Board; the reason it has taken so long to finalise the award; and if he will make a statement on the matter. [22227/04]

Matters relating to the management and staffing of specific health agencies are the responsibility of the relevant chief executive officer. However, I have contacted the Northern Area Health Board and I understand that the only outstanding issue in this case is the calculation of pension entitlements. The individual concerned is in receipt of a pension from the Northern Area Health Board and recent pay increases will lead to the revision of benefits. This increase is currently being calculated and any arrears due will be issued shortly.

Medical Cards.

Bernard J. Durkan

Question:

905 Mr. Durkan asked the Minister for Health and Children when a person (details supplied) in County Kildare will be issued with a medical card; and if he will make a statement on the matter. [22249/04]

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

Bernard J. Durkan

Question:

906 Mr. Durkan asked the Minister for Health and Children if a medical card application in the name of a person (details supplied) in County Kildare can be reviewed; and if he will make a statement on the matter. [22250/04]

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

Bernard J. Durkan

Question:

907 Mr. Durkan asked the Minister for Health and Children if a medical card application in the name of a person (details supplied) in County Kildare can be reviewed; and if he will make a statement on the matter. [22251/04]

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

Bernard J. Durkan

Question:

908 Mr. Durkan asked the Minister for Health and Children when home help will be put in place for a person (details supplied) in County Kildare; if he will clarify the reply received from the health board; and if he will make a statement on the matter. [22252/04]

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

Bernard J. Durkan

Question:

909 Mr. Durkan asked the Minister for Health and Children when a medical card will be awarded to persons (details supplied) in County Kildare; and if he will make a statement on the matter. [22253/04]

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

Michael Ring

Question:

910 Mr. Ring asked the Minister for Health and Children if the Western Health Board will immediately assess the living conditions of a person (details supplied) in County Mayo. [22255/04]

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

Hospital Inquiry.

Fergus O'Dowd

Question:

911 Mr. O’Dowd asked the Minister for Health and Children if he will report on the Clarke inquiry into events at the Lourdes Hospital, Drogheda. [22273/04]

Following the Medical Council's investigation into the conduct of Dr. Michael Neary, which found him guilty of professional misconduct in relation to ten patients, the Government established a non-statutory inquiry chaired by Judge Maureen Harding Clark. As will be appreciated, the information that can be divulged while its investigations are ongoing is limited. However, I am advised by the inquiry that it has conducted almost 100 interviews to date with patients, Medical Missionaries of Mary sisters, both consultant and non-consultant doctors, midwives, nurses, theatre staff and non-medical personnel from the hospital.

The inquiry still desires to hear from any person who believes that he or she can supply information of relevance to its terms of reference. This includes any women who underwent peripartum hysterectomy in Our Lady of Lourdes Hospital, as well as midwives, doctors and other healthcare professionals working in the hospital during the period 1973 to 1998.

Medical Indemnity Scheme.

Fergus O'Dowd

Question:

912 Mr. O’Dowd asked the Minister for Health and Children his views on the Medical Defence Union’s refusal to cover a number of claims made against it by women who have cases pending against a person (details supplied). [22274/04]

As the Deputy will be aware, officials of my Department have been involved in lengthy negotiations with the Medical Defence Union in an effort to resolve a disagreement over the financing of claims which arise from events which predate the establishment of the clinical indemnity scheme. These are continuing. It would be inappropriate for me to comment on any individual case or group of cases.

Central Mental Hospital.

Fergus O'Dowd

Question:

913 Mr. O’Dowd asked the Minister for Health and Children his views on the recent representations from the Central Mental Hospital relatives group regarding the relocation of the Central Mental Hospital, in particular the need for proper consultation involving parties in the provision of a modern high quality service. [22275/04]

Jim O'Keeffe

Question:

930 Mr. J. O’Keeffe asked the Minister for Health and Children his proposals in relation to the future of the Central Mental Hospital at Dundrum, with an indicative timetable and cost. [22457/04]

Finian McGrath

Question:

939 Mr. F. McGrath asked the Minister for Health and Children the position regarding the reported plan to sell the land at Dundrum Central Mental Hospital and not to locate mentally ill patients on the same complex as Mountjoy Prison. [22534/04]

Tony Gregory

Question:

956 Mr. Gregory asked the Minister for Health and Children his views on the opinion of Schizophrenia Ireland that relocating the Central Mental Hospital on the same site as a new prison would be inappropriate and could lead to the improper stigmatising of patients; and if he will make a statement on the matter. [22845/04]

I propose to take Questions Nos. 913, 930, 939 and 956 together.

Proposals for the development of a new Central Mental Hospital are under consideration in my Department. The majority of admissions to the Central Mental Hospital come from within the prison service. Accordingly, ease of access between the main Dublin prisons and the hospital would be of importance and I understand that the location of the hospital adjacent to a prison would have operational benefits for the prison service. On the other hand, it must be borne in mind that the Central Mental Hospital is a therapeutic, healthcare facility. I fully agree with families and carers who feel that it would not be desirable that the hospital be perceived as, or closely identified with, a prison complex.

I understand that the Minister for Justice, Equality and Law Reform has advanced proposals to develop a new prison complex replacing Mountjoy. I recognise the potential benefits of close co-operation between that project and the re-development of the Central Mental Hospital and I will be asking my officials to consider how the matter might be progressed to the mutual benefit of both services.

Hospital Services.

Charlie O'Connor

Question:

914 Mr. O’Connor asked the Minister for Health and Children the contacts he has had with the management of Tallaght Hospital to ensure that development needs of services at the hospital are being addressed; and if he will make a statement on the matter. [22297/04]

Services at the Adelaide and Meath Hospital, incorporating the National Children's Hospital, Tallaght, are provided under an arrangement with the Eastern Regional Health Authority. My Department has, therefore, asked the regional chief executive of the authority to examine this issue and to reply to the Deputy directly.

Question No. 915 answered with QuestionNo. 838.

Pension Provisions.

Jerry Cowley

Question:

916 Dr. Cowley asked the Minister for Health and Children if a person receiving a full pension from the UK after having been in full-time employment throughout the whole of their working life and having thus made the maximum level of contributions, and in receipt of an occupational pension thus being eligible for a medical card under EU regulations, can retain that entitlement if, post-UK retirement age, they take up employment here thus ensuring that they are not disadvantaged by taking up residence in another EU member state; if this eligibility will cease when the person leaves employment in the State if they have, by this time, become eligible for a part Irish pension; and if he will make a statement on the matter. [22299/04]

Under EU regulations 1408/71, persons taking up permanent residence in Ireland who are in receipt of a social security pension from another EU member state, who are not in receipt of an Irish Department of Social and Family Affairs pension, as either a recipient or dependant and who cannot be regarded as employed or self-employed in Ireland, are entitled to receive health services free of charge and are issued with a medical card.

For UK pensioners retiring to Ireland it is necessary to produce proof of their social security pension and in addition the health board must be satisfied that they are not employed or self-employed, that is, subject to PRSI and have an income above a certain ceiling, in Ireland or in receipt of a payment from the Irish Department of Social and Family Affairs.

Where the EC regulations do not apply, persons with social security pensions from another EC member state are entitled to be assessed for medical cards by the chief executive officers of the health board on the normal eligibility criteria.

With regard to the instance cited by the Deputy, when a pensioner under 70 from another member state takes up employment in Ireland, they cease to have automatic entitlement to a medical card. Such entitlement could be assessed again based on EU health regulations, or in the normal way, on the basis of means and residency, or by age if over 70, by the health board in the light of the factors outlined above.

Health Board Services.

Denis Naughten

Question:

917 Mr. Naughten asked the Minister for Health and Children if he will provide funding to the Western Health Board to provide respite services for children with a sensory disability in south Roscommon; and if he will make a statement on the matter. [22309/04]

The provision of health services, including funding for residential care, 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 Western Health Board with a request that she examine the matter raised and reply directly to him, as a matter of urgency.

Child Care Services.

Denis Naughten

Question:

918 Mr. Naughten asked the Minister for Health and Children the steps he intends to take to ensure that each health board uniformly implements the childcare regulations (details supplied); if his attention has been drawn to the variation in the interpretation of these regulations between different health boards; if he will request the health services executive to review the current situation. [22316/04]

The health boards have statutory responsibility for the implementation of the Child Care (Pre-School Services) Regulations 1996 and (Amendment) Regulations 1997, which give effect to the provisions of Part VII of the Child Care Act 1991 and provide for notification to, and inspection by, health boards of pre-school services. Under the legislation the boards appoint authorised officers to inspect the pre-school services in their area.

The purpose of the regulations is to secure the health, safety and welfare of pre-school children and to promote the development of children attending pre-school services. The regulations are accompanied by an explanatory guide which makes recommendations in relation to the interpretation of certain terms in the regulations such as ‘adequate' and ‘sufficient'.

My Department cannot require the health boards to interpret the regulations in a certain way. Health boards, using the guidance given in the explanatory guide and taking into account the various attributes of the services being inspected, must exercise their discretion reasonably in the course of an inspection. Given the wide range of notifiable pre-school services, it is not always possible or appropriate for health boards to be completely uniform in their implementation of the regulations. I understand from the health boards that they do, however, endeavour to implement the regulations in a uniform way where appropriate. I understand from information received from the boards that this may be done by having a regional management structure for pre-school services in place with responsibility for ensuring that the regulations are implemented in a uniform and transparent manner in each community care area, by addressing issues of uniformity at regional meetings where all staff participate and by having standard inspection forms for use by all inspection teams within a board. In addition, some boards share training courses and standards documents with other boards. A national forum of pre-school inspection staff is also in place which facilities sharing of information on implementation of the regulations.

In the early years of the implementation of the regulations a monitoring group chaired by my Department was in place to assist the health boards in interpreting the regulations and in arriving at a uniform approach to inspections.

A review of the regulations has been completed and a report on the review is being finalised. I understand that training issues for pre-school inspection staff which may arise as a result of the requirements of the revised regulations will be considered. I expect that the health services executive will have a role in relation to such matters, which will impact on uniformity of implementation.

Health Board Services.

Denis Naughten

Question:

919 Mr. Naughten asked the Minister for Health and Children the plans he has to develop the diabetes services in County Roscommon; and if he will make a statement on the matter. [22318/04]

The provision of diabetic services in County Roscommon is a matter for the Western Health Board. My Department has asked the chief executive officer to investigate this matter and reply direct to the Deputy.

Health Reports.

Denis Naughten

Question:

920 Mr. Naughten asked the Minister for Health and Children if he will implement the recommendations of the diabetes service development group report, Diabetes: Securing the Future; and if he will make a statement on the matter. [22319/04]

I met the Diabetes Federation of Ireland on a number of occasions to discuss the document which had been produced by the diabetes service development group, Diabetes: Securing the Future. I was very appreciative of the major effort which had gone into producing the report and identified it as a significant contribution to the debate on the future of diabetes services in this country. I decided to set up a working group to progress the issue further and asked the chief medical officer to act as chairman.

The terms of reference were to examine: the current and predicted epidemiology of diabetes in Ireland; health promotion and preventive activities including screening; current service provision including the need to achieve better integration of care using current resources and the expansion of shares care services and; future needs in terms of service provision and staffing.

The diabetes federation agreed to participate in the group and the chief executive officers of the health boards also nominated a number of professionals in relevant disciplines. The membership is completed by a number of senior officials from relevant policy divisions in the Department.

The group held its first meeting in January 2004 and set out a work programme with a view to having a report as quickly as possible. However, the Diabetes Federation subsequently felt unable to continue to be represented at the group and a number of months passed without a meeting. In July, notwithstanding the continued absence of the federation representatives, the chairman recommenced the meetings of the group and meetings have been held in July and September. Progress has been made on a number of issues and the chairman has informed me that a further meeting is planned for early November. In the meantime, work will continue on progressing this important area of policy development.

Health Board Services.

Denis Naughten

Question:

921 Mr. Naughten asked the Minister for Health and Children if he will provide funding to the Midland Health Board to acquire residential accommodation for persons with a sensory disability in the Athlone area; the current number of such residential places in the Athlone area; the plans which the board has with his Department for such a facility in the Athlone area; and if he will make a statement on the matter. [22323/04]

The provision of health services, including residential care, 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 Midland Health Board with a request he examine the matter raised and reply directly to him, as a matter of urgency.

Michael Ring

Question:

922 Mr. Ring asked the Minister for Health and Children when a person (details supplied) in County Mayo will be called for assessment for orthodontic treatment. [22334/04]

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

Hospital Waiting Lists.

Michael Ring

Question:

923 Mr. Ring asked the Minister for Health and Children when a person (details supplied) in County Mayo will be called for a hip operation. [22336/04]

The provision of hospital services for people living in County Mayo is a matter for the Western Health Board. My Department has asked the chief executive officer of the board to investigate the position in relation to this case and to reply directly to the Deputy.

Health Board Services.

Pat Breen

Question:

924 Mr. P. Breen asked the Minister for Health and Children if the Mid-Western Health Board will provide a regular chiropody service in the Shannon health centre, Shannon, County Clare; if it is unable or unwilling to do so, if arrangements will be entered into with private chiropody practitioners to ensure a regular and constant service to persons who require such a service; and if he will make a statement on the matter. [22352/04]

The provision of chiropody services to eligible persons in the Shannon health centre, Shannon, County Clare, is a matter for the Mid-Western Health Board. My Department has asked the chief executive officer to investigate this matter and reply direct to the Deputy.

Equality Policy.

David Stanton

Question:

925 Mr. Stanton asked the Minister for Health and Children if mechanisms exist to ensure that interview boards established under the auspices of his Department and which comprise of two or more persons are gender balanced; and if he will make a statement on the matter. [22365/04]

All interview boards established under the auspices of the Department which comprise of two or more people are always gender balanced and this has been the practice for a number years.

Hospital Services.

Finian McGrath

Question:

926 Mr. F. McGrath asked the Minister for Health and Children if the €1.34 million given to the accident and emergency department at the Mater Hospital in Dublin has had an impact on the waiting lists and facilities for patients; and if he will make a statement on the matter. [22406/04]

Services at the Mater Hospital are provided under an arrangement with the Eastern Regional Health Authority and my Department has, therefore, asked the regional chief executive of the authority to examine the issues raised by the Deputy and to reply to him directly.

Benchmarking Awards.

John McGuinness

Question:

927 Mr. McGuinness asked the Minister for Health and Children when he intends to sanction the second phase of parallel benchmarking within the South Eastern Health Board area and to facilitate the completion of phase one; and if he will make a statement on the matter. [22432/04]

The relevant sanction was conveyed to all health boards, including the South Eastern Health Board, on 29 May 2004 for non-nursing staff and on 2 July 2004 for craftworkers.

Health Board Services.

Emmet Stagg

Question:

928 Mr. Stagg asked the Minister for Health and Children the reason for the delay in arranging a psychiatric evaluation for a person (details supplied) in County Kildare in view of the fact that without the psychiatric evaluation no treatment can be arranged for this person; and if he will make a statement on the matter. [22454/04]

Responsibility for the provision of care and treatment of the named individual rests with the Eastern Regional Health Authority. My Department has, therefore, asked the regional chief executive to investigate the matter raised by the Deputy and reply to him directly.

Emmet Stagg

Question:

929 Mr. Stagg asked the Minister for Health and Children the reason for the delay in providing funding to the Kildare branch of the Alzheimer Society of Ireland in 2004 to assist in providing day care and support services for Alzheimer patients (details supplied); and if he will make a statement on the matter. [22455/04]

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

Question No. 930 answered with QuestionNo. 913.

Michael Ring

Question:

931 Mr. Ring asked the Minister for Health and Children if transport can be provided for a person (details supplied) from County Mayo on their discharge from the Mater Hospital in Dublin following heart surgery. [22500/04]

The provision of medical services for people living in County Mayo is a matter for the Western Health Board. My Department has asked the chief executive officer of the board to investigate the position in this case and to reply directly to the Deputy.

Medicinal Products.

Caoimhghín Ó Caoláin

Question:

932 Caoimhghín Ó Caoláin asked the Minister for Health and Children if his Department has examined the results of studies in Canada and France which have shown that new drugs classified as medical breakthroughs represent only between 5% and 10% of all new drugs brought to the market; if his Department has examined these studies or similar studies on the questionable value of much of the volume of drugs coming on the market that have little or no therapeutic gain as compared to existing drugs; if his Department will examine the policy implications of this issue for health services here, including general practice and the general medical services scheme and their prescribing policies; and if he will make a statement on the matter. [22501/04]

As the competent authority for the regulation of medicinal products in Ireland, the Irish Medicines Board assesses the quality, safety and efficacy of medicinal products. A product authorisation is only issued where the appropriate criteria are met in all three areas. The IMB also has responsibility for ensuring the ongoing quality and safety of medicinal products on the Irish market. These activities are carried out in conjunction with the European Medicines Evaluation Agency and international regulatory authorities.

If the Deputy wishes to send me further information in regard to the studies to which he refers I will arrange to have them examined but I am advised that it is generally the case that a significant number of new drugs coming on the market are developments of existing products. While not all new drugs provide breakthrough treatments, benefits might be expected in terms of reduced dosage frequencies or reduced side effect profiles. Where similar products are available on the market, the introduction of an alternative new product may also have price competitive benefits. Currently, the choice between related or similar treatments for individuals is a matter for clinical judgment.

Initiatives have been taken at EU level to develop products for rare conditions where the number of breakthrough medicines developed has been small due to the significant costs involved in bringing a new product to the market. It is hoped that these initiatives will stimulate research and development in this area, leading in turn to the development of genuine "breakthrough" products for rare conditions.

With regard to the supply of medicinal products on the Irish market, an agreement is in place between the Department of Health and Children, the Irish Pharmaceutical Healthcare Association, IPHA, and the Association of Pharmaceutical Manufacturers of Ireland, APMI, which sets out the supply terms and prices of medicines supplied to the health services. The agreement covers all reimbursable prescription medicines in the general medical services and community drug schemes and all medicines supplied to hospitals and health boards.

The current agreement expires in mid-2005 and the Department will shortly be entering into negotiation with IPHA-APMI. Any new agreement entered into must: be sensitive to the needs of stakeholders; ensure security of supply of medicines; meet the needs of patients; and achieve value for money for the taxpayer. In so far as the issues referred to by the Deputy relate to the supply of medicinal products to the Irish market, these matters will be considered in the context of the negotiations on the new agreement.

General Practitioner Co-operatives.

John Deasy

Question:

933 Mr. Deasy asked the Minister for Health and Children the details of the counties being serviced by the Caredoc co-operative service and the funding allocated to each health board authority for the provision of same. [22509/04]

John Deasy

Question:

934 Mr. Deasy asked the Minister for Health and Children the reason the Caredoc service has not been provided to Waterford city and county; if funding will be provided in 2004 for this necessary service which would greatly alleviate the pressure on the accident and emergency department at Waterford Regional Hospital; and if his attention has been drawn to the fact that all other counties in the South Eastern Health Board region have this system in place. [22510/04]

I propose to take Questions Nos. 933 and 934 together.

Caredoc is the out-of-hours general practitioner led co-operative of the South Eastern Health Board and covers Carlow, Kilkenny, Wexford and south Tipperary. All the money, a total of €7.124 million between 2000 and 2003 and €3.492 million in the base funding for the board in 2004, is allocated to the South Eastern Health Board for these services and not subdivided into the different counties involved.

Decisions about the geographical areas to be covered by co-operatives and the order in which developments occur are matters for the relevant health board, which must have regard to the range of financial and other issues involved in any such developments. Further expansion will be considered in the context of service requirements, health board proposals and funding availability.

Medical Cards.

John Deasy

Question:

935 Mr. Deasy asked the Minister for Health and Children his plans to increase the income limits for medical card qualification in line with inflation; and if he will make a statement on the matter. [22511/04]

The Government is fully committed to the extension of medical card coverage as set out in the health strategy. This will focus on people on low incomes and will give priority to families with children, particularly those with a disability. The timing of the introduction of the extension will be decided having regard to the prevailing budgetary position.

Income guidelines are drawn up each year by the health board/authority chief executive officers to assist in the determination of a person's eligibility for a medical card and these are revised annually in line with the consumer price index, CPI. The last such increase was notified in January 2004. Health board chief executive officers have discretion in issuing medical cards and a range of income sources are excluded by the health boards when assessing medical card eligibility. Despite someone having an income that exceeds the guidelines, a medical card may still be awarded if the chief executive officer considers that a person's medical needs or other circumstances would justify this. It is open to all persons to apply to the chief executive officer of the appropriate health board for health services if they are unable to provide these services for themselves or their dependants without hardship.

The health strategy includes a series of initiatives to clarify and expand the existing arrangements for eligibility for health services, including recommendations arising from the review of the medical card scheme carried out by the health board CEOs under the PPF. These include streamlining applications and improving the standardisation of the medical card applications process to ensure better fairness and transparency; providing clearer information to people about how and where to apply for medical cards; proactively seeking out those who should have medical cards to ensure they have access to the services that are available.

In addition, my Department is committed to the preparation of new legislation to update and codify the legal framework for eligibility and entitlements in regard to health services.

Hospital Services.

John Deasy

Question:

936 Mr. Deasy asked the Minister for Health and Children if he will provide the necessary funding for the provision of additional staff to operate the additional beds provided to the dialysis unit at Waterford Regional Hospital; and if he will make a statement on the matter. [22512/04]

The South Eastern Health Board has informed my Department that it has completed work to extend the existing dialysis unit at Waterford Regional Hospital. The board has made a submission to my Department requesting revenue funding to employ the additional staff required. Funding for these posts will be considered in the context of the resources made available to my Department for 2005.

International Agreements.

Caoimhghín Ó Caoláin

Question:

937 Caoimhghín Ó Caoláin asked the Minister for Health and Children if the State has signed the International Convention on Human Rights and Biomedicine; and if he will make a statement on the matter. [22513/04]

Ireland is not a signatory to the Council of Europe Convention on Human Rights and Biomedicine as there are difficulties with some articles that have implications for the destruction of human embryos. The question of our signing the convention with formal reservations in respect of articles with which we have difficulty is under consideration.

Human cloning is among a number of issues that are currently being examined by the commission on assisted human reproduction in the context of its preparation of a report on the possible approaches to the regulation of all aspects of assisted human reproduction and the social, ethical and legal factors to be taken into account in determining public policy in this area. When completed, the commission's report will provide the basis for informing public debate prior to the finalisation of any policy proposals.

Given the complexity of the issues under examination, it is difficult to be definitive about when the work of the commission will be completed. I am, however, satisfied that it is working as expeditiously as is possible.

Health Board Services.

Jack Wall

Question:

938 Mr. Wall asked the Minister for Health and Children the reason health boards (details supplied) differ in regard to payments for medical expenses for persons in receipt of psychiatric treatment; and if he will make a statement on the matter. [22514/04]

The current situation regarding the supply of psychiatric drugs to public out-patients in the Eastern Regional Health Authority differs from that in other health board areas. This is an anomaly which has occurred for historical reasons. I understand that the Eastern Regional Health Authority is currently examining a number of options to rectify the situation.

Question No. 939 answered with QuestionNo. 913.

Jack Wall

Question:

940 Mr. Wall asked the Minister for Health and Children the position regarding the possibility of an early appointment for a person (details supplied) in County Kildare; and if he will make a statement on the matter. [22535/04]

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.

Jack Wall

Question:

941 Mr. Wall asked the Minister for Health and Children the reason persons with medical cards are being charged for chiropody services within the South Western Area Health Board; and if he will make a statement on the matter. [22536/04]

Jack Wall

Question:

942 Mr. Wall asked the Minister for Health and Children the reason persons under 65 years of age are not entitled to chiropody services within the South Western Area Health Board region even though they have medical cards; and if he will make a statement on the matter. [22537/04]

I propose to take Questions Nos. 941 and 942 together.

The chiropodists providing services to medical card holders in the Eastern Regional Health Authority's board areas have taken a decision to levy medical card holders in respect of services being provided under the chiropody scheme in operation in that area. Arrangements for the provision of the service are between the chiropodists and the authority.

The Department was made aware of this action by the chiropodists and wrote to the authority advising of the inappropriateness of the charging of levies to medical card holders. A series of meetings have taken place between the authority and the Department in an attempt to assist the authority to resolve its difficulties with the chiropody scheme.

Health boards are not statutorily obliged to provide chiropody services. It is not one of the attendant benefits of being a medical card holder. However, where they are provided, it is normally to people aged over 65 years and those with particular medical conditions.

Cancer Screening Programme.

Dinny McGinley

Question:

943 Mr. McGinley asked the Minister for Health and Children when it is intended to extend the BreastCheck service to the north west and County Donegal; and if he will make a statement on the matter. [22546/04]

On 10 September, I announced capital funding of approximately €20 million to progress the national roll-out to the southern and western counties. This is the next stage of the roll out to ensure that all women in the 50 to 64 age group throughout the country will have access to breast screening and follow up treatment where required. I also approved the appointment of a design team to progress the implementation of the expansion programme in the south and west. The design team will work up detailed plans for the construction of both BreastCheck clinical units. The BreastCheck clinical unit for the western area will be at the University College Hospital, Galway, with two associated mobile units. The area of coverage will be Counties Galway, Sligo, Roscommon, Donegal, Mayo, Leitrim, Clare and Tipperary North Riding.

The Western Health Board, my Department and BreastCheck are fully committed to a fast track approach to the roll out of the programme and representatives are meeting this week to commence the design process.

Hospital Services.

Fergus O'Dowd

Question:

944 Mr. O’Dowd asked the Minister for Health and Children the action he is taking to resolve the accident and emergency crisis in the Our Lady of Lourdes Hospital, Drogheda, at which nurses are wearing protest badges due to lack of resources, nursing staff, portering staff and clerical cover. [22596/04]

Responsibility for the provision of services at Our Lady of Lourdes Hospital, Drogheda, rests with the North Eastern Health Board. My Department has, therefore, requested the chief executive officer of the board to investigate the matter and to reply directly to the Deputy.

Health Support Services.

Fergus O'Dowd

Question:

945 Mr. O’Dowd asked the Minister for Health and Children the progress to date in the provision of services including medical cards for survivors of symphysiotomy. [22597/04]

At a meeting which I had with the Survivors of Symphysiotomy — SOS — group late last year, I agreed that a range of measures would be put in place by the Eastern Regional Health Authority, ERHA, and the health boards to support the group. My Department is advised that the current position is as follows.

The health boards and the relevant voluntary hospitals in the eastern region have appointed liaison officers, who have met and continue to meet with patients who have undergone symphysiotomy to discuss their health care needs. An exercise was conducted, in conjunction with the SOS group to profile patients in order to assist in formulating a needs assessment for each individual. The possible provision of a one-stop assessment centre at Cappagh Hospital, Dublin, and of a similar facility in the southern part of the country has recently been discussed with SOS members. This service would be provided by a multidisciplinary team which would assess interested patients within a short period of time. Following assessment, recommendations for care pathways would be discussed with individual patients.

Independent clinical advice is available, on request, to patients who have undergone symphysiotomy. This has already been availed of by a number of members of SOS and appropriate follow up has been arranged. Independent counselling services are made available and have been provided to patients where requested. Information packs have been made available to general practitioners and relevant health care personnel. The ERHA and the health boards are also trying to ascertain the number of symphysiotomies carried out in hospitals throughout the country. This process is proving difficult to complete as the procedures were carried out some years ago and may have been undertaken in maternity units or in hospitals that no longer exist.

The chief executive officers of the health boards and the ERHA have agreed to grant GMS eligibility, based on medical grounds, to SOS patients who do not have such eligibility. Arrangements are being made, in association with the GMS Payments Board, to issue a special patient identifier card that will allow for the fast tracking of patients requiring hospital appointments and treatments, together with the provision of certain non-GMS items recommended for patients by their GP and/or consultant.

My Department is advised that, following a number of meetings with the SOS group, it was agreed to defer the establishment of a helpline. The provision of an information line will be the subject of further discussion with the group in the near future. The chief medical officer of my Department has tried to source an external reviewer to examine the practice of symphysiotomy as a tool of obstetrical practice in Ireland in past decades, taking into account the availability and safety of alternative procedures. The chief medical officer is continuing to seek a suitable international expert to perform this review.

Medical Cards.

Fergus O'Dowd

Question:

946 Mr. O’Dowd asked the Minister for Health and Children if all persons with Down’s syndrome will be entitled to a medical card regardless of parental income following the publication of the Disability Bill 2004. [22598/04]

The Government is fully committed to the extension of medical card coverage as set out in the health strategy. This will focus on people on low incomes and will give priority to families with children, particularly those with a disability. The timing of the introduction of the extension will be decided having regard to the prevailing budgetary position.

As a matter of course, the medical card income guidelines are revised annually by the health board chief executive officers in line with the consumer price index. The last such increase was notified in January 2004. Health board chief executive officers have discretion in the issuing of medical cards and a range of income sources can be excluded by the health boards when assessing medical card eligibility. Despite someone having an income that exceeds the guidelines, a medical card may still be awarded if the chief executive officer considers that a person's medical needs or other circumstances would justify this.

For those who do not qualify for a medical card, there are a number of schemes that provide assistance towards the cost of medication. Under the long-term illness scheme, persons suffering from a number of conditions can obtain the drugs and medicines required for the treatment of that condition free of charge. The conditions in question include intellectual disability such as Down's syndrome. Non-medical card holders and people with conditions not covered under the long-term illness scheme can avail of the drugs payment scheme. Under this scheme, no individual or family unit pays more than €78 per calendar month towards the cost of approved prescribed medicines.

The target in the lifetime of the Government is to further extend the medical card scheme to people on low incomes and to give priority to families with children, particularly those with a disability. The health strategy includes a series of initiatives to clarify and expand the existing arrangements for eligibility for health services, including recommendations arising from the review of the medical card scheme carried out by the health board CEOs under the PPF. These include: streamlining applications and improving the standardisation of the medical card applications process to ensure better fairness and transparency; providing clearer information to about how and where to apply for medical cards; proactively seeking out those who should have medical cards to ensure they have access to the services that are available.

In addition, my Department is committed to the preparation of new legislation to update and codify the legal framework for eligibility and entitlements in regard to health services.

Organ Retention.

John Perry

Question:

947 Mr. Perry asked the Minister for Health and Children if his attention has been drawn to the circumstances outlined in correspondence (details supplied); if he will reply to the eight questions raised; and if he will make a statement on the matter. [22634/04]

The terms of reference of the post-mortem inquiry are very broad and deal with all post-mortem policy, practice and procedure in the State since 1970, in particular, as it relates to organ removal, retention, storage and disposal. The inquiry is also mandated to examine any arrangements with pharmaceutical companies with regard to retained organs. The inquiry team has been examining thousands of documents and witness statements from a range of persons, including the pharmaceutical industry. The chairman has informed me that the inquiry has received considerable co-operation from each of the hospitals with which it is dealing at present and that the inquiry's non-statutory nature has not thus far significantly hampered its substantive work.

The persons who contacted the Deputy may wish to make contact with the relevant hospital for further details about the particular post-mortem that affects them.

Health Board Staff.

Seymour Crawford

Question:

948 Mr. Crawford asked the Minister for Health and Children the number of additional employees that were in the North Eastern Health Board region in the past seven years; the number of the new employees who are nurses, doctors or consultants; if he has satisfied himself that sufficient numbers of front line persons are being put in place as against those in administration; and if he will make a statement on the matter. [22637/04]

The staffing levels for the North Eastern Health Board, as requested by the Deputy, are as set out in the table. The Deputy will be interested to note that the number of staff employed by the North Eastern Health Board has increased by 67% or 2,775 wholetime equivalents, excluding St. John of God's services, over the period.

As regards the various catagories of staff employed in the region, it should be noted that, in this particular instance, the responsibility for human resource planning rests with the chief executive officer of the North Eastern Health Board. The CEO, in managing the workforce of the region, is responsible for determining the appropriate staffing mix and the precise grades of staff to be employed, including the prioritisation of front line service delivery posts, subject to overall employment remaining within the approved regional employment ceiling.

North Eastern Health Board Region Staffing

(excluding Home Helps)

Grade Category

1996

2003

Increase 1996-2003

Medical/Dental

277

477

200

of which: Consultants

73

125

52

Nursing

1,817

2,427

610

Health and Social Care Professionals1

288

714

427

General Support Staff and Other Patients & Client Care1

1,239

2,485

1,246

Management/Administrative — Direct Patient Services2

330

800

470

Management/Administrative — Other3

186

450

264

Total

4,136

7,354

3,218

Source: Department of Health & Children Personnel Census.
Notes:
1 The professionalisation of Child Care Workers/House Parents resulted in grade category shift of these grades from Other Patient Care to Health and Social Care Professionals in 2001-2002.
2 Management Administrative —Direct Patient Services are staff who are of direct service to the public and include Consultant’s Secretaries, Out-Patient Department Personnel, Medical Records Personnel, Telephonists and other staff who are engaged in front-line duties.
3 Management/Administrative —Other are staff in the following categories Payroll, Human Resource Management (including training), Service Managers, IT Staff, General Management Support and Legislative and Information Requirements.
4 W.E.F. 2003 443 St. John of God Staff at Drumcar, previously returned by St. John of God HQ and included in figures for the ERHA Region, are included in the NEHB figures.
5 All figures are expressed in wholetime equivalents.

Health Board Projects.

Seymour Crawford

Question:

949 Mr. Crawford asked the Minister for Health and Children the number of new capital projects he has provided finance for in the past seven years in the North Eastern Health Board area especially in Cavan and Monaghan; if he is satisfied with the fact that new structures such as the health centre in Cootehill are still not fully operational for the elderly; and if he will provide the funding for the staffing of this vital and important project. [22638/04]

My Department has issued approximately 75 individual letters of approval for capital projects to the North Eastern Health Board for the years 1998 to 2004 inclusive. These relate to all health care programmes and range from individual project investment to minor capital works approved on a regional funding basis for the board. While it would not be realistic for my Department to extract the proportions of total investment over the period in question made available for individual counties within the board, a significant proportion of this was in respect of counties Cavan and Monaghan. Details of such overall investment would be available from the board.

The larger projects approved in recent times included new theatre facilities and ward upgrades at Monaghan General Hospital, significant re-equipping undertaken at Cavan General Hospital and new community nursing units provided at Virginia and Ballyconnell. Also, in 2000 for example, my Department approved under the national development plan a minor capital grant of just over €10 million for a special re-equipping and refurbishment initiative in both the acute and non-acute sectors in the board. A similar minor capital provision of €4 million in 2003 related to more than 100 individual items of works across the region and a further €5 million for minor capital developments was approved for the current year.

The position with the new facility for older persons in Cootehill is that the North Eastern Health Board is in continuing discussions with the local voluntary group concerned about operating the new unit. The board hopes to satisfactorily conclude these discussions as soon as possible.

Health Board Services.

John Deasy

Question:

950 Mr. Deasy asked the Minister for Health and Children the number of occupational therapists serving Waterford city and county; and the number of persons in each area at present awaiting these services. [22656/04]

The provision of health services, including occupational therapy, for 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 forwarded to the chief executive officer of the South Eastern Health Board with a request that he examine the matter raised and reply directly to him, as a matter of urgency.

Training of Health Personnel.

Seán Haughey

Question:

951 Mr. Haughey asked the Minister for Health and Children the reason the sponsorship terms of the training programme for clinical psychology in Trinity College, Dublin, has been changed to a bursary system; if this new system was initiated by his Department without consultation with the National Vocational Body of Psychologists or the union that represents psychologists; if his attention has been drawn to the fact that this has resulted in a loss of earnings and employee entitlements for trainees which is causing hardship is some cases; if he will reconsider this issue; and if he will make a statement on the matter. [22669/04]

The bursary model of supporting post-graduate clinical psychology training was adopted to underpin the implementation of a key recommendation of the joint review group on psychological services in the health services to substantially increase the number of training places in clinical psychology and support the establishment of new courses at the National University of Ireland, Galway, and the University of Limerick. The bursary model is intended to meet human resource requirements for the health service while securing the best return on the significant resources currently invested in the training of clinical psychologists.

The terms of the model were agreed jointly by my Department with the health boards' directors of human resources group in August 2003. It is designed to assist students in undertaking post-graduate training in clinical psychology and provides each student with a bursary payment of €18,000 per annum, along with an annual contribution towards fees of €6,000 for the three years of the course. The Deputy may wish to note that the Health Service Employers Agency has recently requested the assistance of the Labour Relations Commission in addressing the industrial relations issues which have been raised by the national vocational group regarding this matter.

Question No. 952 answered with QuestionNo. 840.

National Drugs Strategy.

Róisín Shortall

Question:

953 Ms Shortall asked the Minister for Health and Children if he will report on those actions for which he has responsibility, namely actions 38, 39, 40, 41, 42, 44, 45, 46, 47, 48, 49, 50, 51, 54, 55, 56, 57, 59, 62 and 63, under the national drugs strategy; and if he will make a statement on the matter. [22807/04]

The Department of Community, Rural and Gaeltacht Affairs has overall responsibility for the National Drugs Strategy 2001-08. This Department published a critical implementation path, CIP, earlier this year which acts as a road map outlining how the 100 actions contained in the strategy are being delivered.

My Department is specifically responsible for implementing actions 38, 39, 40 and 41, with joint responsibility with the Department of Education and Science for action 42. Actions 44 to 66 are the responsibility of the regional health boards. Significant progress has been made on these actions. Action 38, for example, calls for an ongoing national drugs awareness campaign. This campaign was launched in May 2003 with the aim to increase awareness amongst the general population about problem drug use and its consequences across society. To date, phases one and two of the campaign have targeted the general population and parents respectively. Phase three will focus on the increasing use of cocaine among the 18 to 35 year old age cohort and will be launched in October 2004.

With regard to action 39, my Department is consulting with health care and other representatives on the adequacy of present training programmes with a view to producing a report with recommendations to address any gaps. My Department has consulted with the health boards to develop performance indicators in line with action 40. The most relevant indicators have been identified and a common minimum set has been devised. These indicators have been used in service plans. During 2004, indicators are being reviewed with the relevant agencies to establish if the necessary information is being captured. Key performance indicators will continue to be developed.

The report of the benzodiazepine committee was finalised and published in December 2002, as called for in action 41. A number of the recommendations of this report have been implemented, including the publication of good practice guidelines for clinicians, and work has commenced on the development of good practice guidelines for pharmacists. My Department and the Department of Education and Science have joint responsibility in conjunction with the health boards for actions 42 and 43.

With regard to action 42, there is regular contact between my Department and the Department of Education and Science to ensure that the SPHE programme in primary and post-primary schools is informed by ongoing research. The health promotion unit is represented on the national advisory prevention sub-committee which has commissioned research into various aspects of drug use prevention. Also, my Department continues to link with the review of parenting support currently under way within the context of best health for children.

With regard to action 43, guidelines to assist schools in the formation of a drugs policy were developed in conjunction with the Department of Education and Science and the health boards and issued to schools in 2002. Ongoing support is provided to schools to assist them in the development of substance abuse policies. All health and education personnel have been provided with training to support them in their work with schools. Many schools have developed policies and more are going through the development process. The Department of Education and Science is monitoring this process on an ongoing basis.

Health boards are at various stages in the implementation of the actions of the national drugs strategy. With regard to action 44, counselling and assessment is available quickly in all health boards. Treatment in a large number of boards is available within one month. However, some boards have not yet reached this target and waiting lists have developed. Health boards continue to work to address this situation. The target set for action 45 was achieved in January 2003 with 6672 people receiving methadone treatment. At the end of August 2004, there were 7091 people receiving methadone treatment. Service user charters have been developed for all health boards in line with action 46.

Work within health boards on developing plans for treatment services on a continuum of care model approach, in line with action 47, is ongoing. In the ERHA, where the services are most developed, a large amount of progress has been made on this action. The area health boards are continuing to develop their services around a continuum of care model. There is no specific grade of "key worker". Where the key worker system has been adopted, an individual worker who is part of the multidisciplinary team, such as nurse, counsellor or the like, takes responsibility as the key person for working with the client.

With regard to action 48, health boards provide a range of residential and day treatment and rehabilitation programmes both directly and through section 65 and mainstreamed local drug task force projects. In the ERHA region, rehabilitation co-ordinators have been appointed and are working to ensure that service users are assisted in developing a planning programme of progression through the addiction services. Work on the continued development of this action will continue throughout the lifetime of the strategy.

Action 49 called for the development of a protocol for the treatment of under 18 year olds presenting with serious drug problems. The Eastern Regional Health Authority, ERHA, established a working group, chaired by an official from my Department and comprising a broad range of statutory and non-statutory service providers and community representatives, in October 2001. This report has been finalised and arrangements for its publication are being made. In anticipation of the group's findings, my Department has this year allocated funding of €500,000 to the ERHA to fund the development of services for this age cohort.

The process of developing quality standards is ongoing in conjunction between the health boards and the national advisory committee on drugs, NACD. A joint seminar on quality standards was hosted by the ERHA and the NACD at the end of 2003. Development of this action — 50 — will continue during 2004 in order to have guidelines in place in each health board from 2005.

With regard to action 51, the three area health boards in the ERHA have drawn up a planned programme for the development of addiction services, including treatment and rehabilitation services, on a yearly basis as part of their planning process. Work will be ongoing during 2004-05 to implement plans in all health boards outside the ERHA. The under 18 report will also influence this action with regard to treatment of young people. Each health board, in line with action 52, has produced and widely distributed a short, easy to read guide to the drug services available within their region with contact numbers for further information and assistance.

In line with action 53, the area health boards in the eastern region have established a management plan and monitoring committees with local communities in the establishment of new treatment and rehabilitation facilities and are continuing the consultation with monitoring committees where they are already in existence. This issue has not arisen in most non-ERHA boards but will be taken on board in the context of the development of any centres in the future. The integration of child care facilities is being taken into account with the development of new services as called for in action 54. Existing facilities present limited possibilities for on-site child care options. A number of health boards have raised issues as regards the appropriateness of on-site integration and are examining other options.

With regard to action 55, the three area health boards of the ERHA and the drug treatment centre board, DTCB, offer a range of alternative medical and non-medical treatment options within their service at various locations. In addition, health boards provide section 65 grants and mainstream funding to some voluntary and community groups to provide alternative therapies within their area. A pilot programme with lofexidine is operating in the Northern Area Health Board and a pilot programme with buprenorphine is taking place in the DTCB.

With regard to action 56, health boards are liaising with general practitioners and pharmacists in order to increase their engagement in the provision of services for drug misusers. At the end of August 2004, there were 219 GPs and 317 pharmacists involved in the methadone treatment protocol nationally. This compares with 164 GPs and 220 pharmacists in December 2000. With regard to action 57, health boards provide a range of residential and day treatment and rehabilitation programmes both directly and through section 65 and mainstreamed local drug task force projects. Work on this action will continue throughout the lifetime of the strategy.

All health boards continually liaise with the national advisory committee on drugs, NACD, in line with action 58. The NACD is currently conducting an ongoing longitudinal study on treatment outcomes, ROSIE report, which will give better information on the most effective forms of treatment for drug users.

With regard to actions 59 and 60, under 18 year olds are prioritised throughout the addiction services in all health boards. Emergency assessment and immediate access to counselling is available to this age cohort. The drug treatment centre board established a dedicated young persons programme in 2001 to meet the needs of young drug misusers. Health boards have appointed suicide resource officers.

Drop-in centres and after care services are provided by health boards and agencies funded under section 65 grants, in line with action 61. The development of these services will continue throughout the lifetime of the strategy within the context of available resources. Actions 62 and 63 call for the development of needle exchange facilities. Since the launch of the national drugs strategy in 2001 additional harm reduction facilities have been developed by the three area health boards of the ERHA directly and in partnership with voluntary and community sectors in Tallaght, Celbridge, Athy, Inchicore, Killinarden, Dundrum, Coolmine, Darndale, Coolock and Corduff. These services will continue to be developed by the ERHA taking into account the recent NACD report on harm reduction.

It is important to note that annual additional funding of €52 million has been provided to health boards to address the problem of drug misuse. This has allowed for the employment of more than 730 people in the delivery of drug addiction services which include: outreach — making contact with drug users not currently accessing services, advising on services, on safer injecting and sex practices, providing needle exchange; education — helping to implement the education component of the national drugs strategy and providing services to drug users, schools, families, local communities and professional groups on drug related issues; treatment — a range of interventions including assessment, stabilisation, harm reduction measures, care planning, methadone maintenance, counselling and detoxification within specialist clinics, residential settings and within community settings; rehabilitation — the provision of a range of options including residential and day programmes and a planning and brokerage service designed to equip drug users with the skills and tools for progression and reintegration; community welfare — a service to assist clients with accommodation and income maintenance needs.

Services provided by a range of voluntary and community sector organisations which are funded and co-ordinated by the health boards include: drop-in services; peer support services; family support; education services; counselling services; rehabilitation and after care services; HIV/AIDS support; training services; personal development training.

Much progress has already been made, although it must also be recognised that there are areas that require development and this must be achieved in the context of available resources. This is an eight year strategy up to 2008 and much more will be achieved in this time frame. As part of the strategy a mid-term review is currently being undertaken by the Department of Community, Rural and Gaeltacht Affairs. My Department is actively involved in this review, which aims to examine progress so far and refocus efforts where identified and required.

Health Board Projects.

John Deasy

Question:

954 Mr. Deasy asked the Minister for Health and Children if he will give details of the expected commencement and completion date for the proposed re-development of St. Vincent’s Hospital, Dungarvan, County Waterford. [22827/04]

The provision of health services in the Waterford area is a matter for the South Eastern Health Board in the first instance. The board has submitted a draft planning brief to my Department to enable the preparation of a development control plan, DCP, for St. Vincent's Hospital, Dungarvan. The board is in the process of selecting the design team to undertake the DCP and it is expected that the design team will be appointed in the near future. The outcome of the DCP will indicate possibilities for the commencement and completion of this proposed development.

Hospital Services.

Joe Costello

Question:

955 Mr. Costello asked the Minister for Health and Children if his attention has been drawn to the fact that many rape victims have to travel considerable distances for medical attention; and if he will make a statement on the matter. [22836/04]

I am aware of the difficulties that can arise for some victims of alleged sexual assault where they may have to travel a significant distance to receive forensic testing and other medical care. It is an issue which is receiving attention within my Department.

My Department has been actively involved in the national steering committee on violence against women, under the chairpersonship of our colleague, Deputy O'Dea, Minister of State at the Department of Justice, Equality and Law Reform. My Department also plays an active role in the "Raising the Standards" group, a body representing the UK, Northern Ireland, the Channel Islands and the Republic of Ireland, which looks at best practice in the treatment of victims of domestic and sexual violence.

There are currently four sexual assault treatment units. These are based in Dublin, Cork, Letterkenny and Waterford. Today, 29 September, my Department will propose to the national steering committee on violence against women that it establish a sub-committee to exclusively look at the treatment services for victims of alleged sexual crime. This proposal names the bodies which, because of their expertise, should be included in this sub-committee. The terms of reference, as proposed by my Department, ask that this sub-committee present its findings and recommendations, complete with verifiable costings, by the end of June 2005. I hope the work of this group will result in a model for optimum delivery of services to victims of alleged sexual assault.

Question No. 956 answered with QuestionNo. 913.

Health Board Services.

Emmet Stagg

Question:

957 Mr. Stagg asked the Minister for Health and Children if the full complement of beds are in use at the Maynooth community care unit; if not, the number in use; the reason for the delay in bringing the unit to full capacity; and if he will make a statement on the matter. [22887/04]

The provision of health services in the Kildare area is a matter for the South Western Area Health Board acting under the aegis of the Eastern Regional Health Authority in the first instance. The authority has advised my Department that following recruitment of staff, an additional five beds have been opened at the Maynooth community nursing unit giving a total bed complement of 35 beds currently in use. The authority has further advised that the process for recruiting additional nurses is still under way, that additional beds will be opened at the unit as soon as sufficient staff are in place and that there will be a total bed complement of 44 beds when all the additional staff have been recruited.

Richard Bruton

Question:

958 Mr. R. Bruton asked the Minister for Health and Children the number of persons employed in the home help service nationally; the hourly payment made; the way in which the terms and conditions of these workers in the health service compare with persons available generally within the health sector; if he has plans to develop a proper career structure with pension and sickness entitlements for these workers in line with the Government’s policy of promoting equal employment rights for persons who are on part-time contracts on a par with those enjoyed by full-time workers; and if he will make a statement on the matter. [22893/04]

According to the health service personnel census, there were 2,262 home helps in wholetime equivalent, WTE, terms employed in the health service at end March 2004. The approved, paypath, salary scale for home helps employed in the health service, based on a 39 hour working week, ranges from €24,268 to €25,368 per annum. The Deputy may wish to note that home helps employed in the health service benefit from standard terms and conditions of employment available to all grades of health service staff. These include pension and sick pay entitlements available to part-time staff under the relevant employment legislation.

Cancer Incidence.

Tony Gregory

Question:

959 Mr. Gregory asked the Minister for Health and Children his Department’s views on the reported high incidence of cancer in SeanO’Casey Avenue, Dublin 1; if a full inquiry is being carried out; if there are interim findings; and if he will make a statement on the matter. [22894/04]

My Department has been advised that the Eastern Regional Health Authority is currently examining this matter. The policy of the authority for dealing with the issue of such cancer incidences includes a review of the data available from the national cancer registry and also demographic data supplied by the Central Statistics Office. My Department has asked the chief executive officer of the authority to advise the Deputy directly on the progress of the investigation.

Hospital Waiting Lists.

Seán Crowe

Question:

960 Mr. Crowe asked the Minister for Health and Children his proposals to shorten the waiting list for x-rays in Mater public hospital. [22909/04]

Services at the Mater Hospital are provided under an arrangement with the Eastern Regional Health Authority and my Department has, therefore, asked the regional chief executive of the authority to examine the issue and to reply to the Deputy directly.

Question No. 961 withdrawn.
Question No. 962 answered with QuestionNo. 830.

Air Services.

Finian McGrath

Question:

963 Mr. F. McGrath asked the Minister for Transport if his attention has been drawn to an allegedly suspicious small airline based in Virginia USA using Shannon Airport to transport prisoners; and if he will make a statement on the matter. [21264/04]

My Department is aware of recent press reports regarding the allegedly suspicious use of Shannon airport by the aircraft of a small US airline. My Department is seeking to establish what information is available regarding the movements of this aircraft. Any further details that the Deputy may wish to supply to my Department will be investigated.

EU Directives.

Bernard Allen

Question:

964 Mr. Allen asked the Minister for Transport if he proposes to introduce regulations or legislation to deal with wide bore silencers; and the reason this noise nuisance has not been dealt with to date by regulation or legislation despite several EU directives on the issue. [21317/04]

It is a requirement for the registration and entry into service of new motor vehicles in the European Union that they have type-approval in accordance with directive 70/157/EEC as amended by directive 1999/101/EC, which sets down the permissible sound levels and exhaust systems for motor vehicles. Vehicle in-service standards are specified in the Road Traffic (Construction, Equipment and Use of Vehicles) Regulations 1963 which requires vehicles to be fitted with a silencer or other device that is suitable and sufficient for reducing to a reasonable level the noise caused by the escape of exhaust gases from the engine. An examination of the silencer to assess its effectiveness in reducing noise is part of the NCT and the roadworthiness test carried out on commercial vehicles. It is an offence to use in a public place a vehicle which causes excessive noise. Enforcement of the law in this regard is a matter for the Garda Síochána.

Public Transport.

Seán Crowe

Question:

965 Mr. Crowe asked the Minister for Transport if he has more reports to draw up before he brings his proposals regarding the metro from Dublin Airport to the city centre to the Cabinet. [21258/04]

Seán Crowe

Question:

966 Mr. Crowe asked the Minister for Transport when he intends to put proposals to the Cabinet on the proposed metro for Dublin. [21259/04]

I propose to take Questions Nos. 965 and 966 together.

The programme for Government contains a commitment to develop a metro with a link to Dublin Airport. I have received the revised outline business case for phase 1 from the Railway Procurement Agency, which involves a line from the airport to the city centre. I have also received and considered the recent report of the Oireachtas Joint Committee on Transport on a proposal for a Dublin metro system, which, inter alia, recommends a metro system with a connection to the airport. I expect the Government to give consideration to the matter shortly.

Light Rail Project.

Seán Crowe

Question:

967 Mr. Crowe asked the Minister for Transport if his attention has been drawn to developers that have expressed an interest in extending the Luas line beyond the Square in Tallaght; and if meaningful discussions are taking place between his Department officials and the interested groups. [21260/04]

Responsibility for the development of specific proposals for the expansion of Luas services lies with the Railway Procurement Agency.

I understand from the RPA that inquiries are received frequently from developers and community groups as to whether Luas lines could be extended to particular developments and neighbourhoods. However, neither my Department nor the RPA have received formal proposals from developers about an extension of the Luas beyond the Square in Tallaght.

National Safety Council.

Dan Neville

Question:

968 Mr. Neville asked the Minister for Transport the extent of his Department’s contribution to the National Safety Council for each of the years 1990 to 2004. [21318/04]

The following table sets out the Exchequer funding for the National Safety Council, which comes under the aegis of the Department of Transport, for the period 1990 to 2004.

Year

€m

1990

.729

1991

.725

1992

.515

1993

.639

1994

.692

1995

.720

1996

.808

1997

.866

1998

1.148

1999

1.290

2000

1.202

2001

2.484

2002

2.975

2003

2.724

2004

2.886

Public Transport.

Finian McGrath

Question:

969 Mr. F. McGrath asked the Minister for Transport to detail the heights and the extra cost of the Dublin Port tunnel. [21369/04]

The position in relation to the height of the tunnel is that my Department appointed consultants to review the feasibility, safety implications and cost of raising the height of the Dublin Port tunnel. They were requested to review a range of options for increasing the operational height of the tunnel, their feasibility, having regard to the state of implementation of the current design and build contract and the likely additional costs and impact on the project completion date.

Having reviewed the findings of the report further information was sought from the NRA pertaining to its conclusions in particular in relation to the costs should the tunnel height be increased. As a result, the contractors were requested to provide a fixed price cost for the work involved. A quotation was received from the contractors and is currently under consideration with a view to making a final decision as soon as possible. When this matter has been brought to a conclusion I will place the relevant documentation in the public arena.

The contract for the port tunnel, which is a design and build contract, was awarded in December 2000 in the sum of €448 million. At that time when land acquisition, construction supervision etc. were included it was anticipated that the all-in cost including construction, would be in the region of €580 million. The construction period will extend to quarter three or quarter four 2005, and allowing for the operation of the price variation clause over that five year period, it is currently estimated that the final outturn cost, including price variation, will be in the region of €715 million, current prices. The cost increase between the all-in cost at 2001 prices and the all-in cost prices in 2004 is attributable to the price variation clause which takes account of construction cost inflation over the period concerned including both the costs of labour and materials.

State Airports.

Finian McGrath

Question:

970 Mr. F. McGrath asked the Minister for Transport if he will give an update on Aer Lingus particularly in relation to job loses, pensions for staff and the future of the company. [21370/04]

Finian McGrath

Question:

978 Mr. F. McGrath asked the Minister for Transport the current situation at Aer Lingus; and if he will make a statement on the matter. [21596/04]

Finian McGrath

Question:

979 Mr. F. McGrath asked the Minister for Transport his concerns about the loss of 1,300 jobs at Aer Lingus; and if he will seriously review the business strategy at the company in order to save our aviation industry. [21597/04]

Bernard J. Durkan

Question:

1000 Mr. Durkan asked the Minister for Transport the extent to which he has had recent discussions with Aer Lingus with reference to the future of air transport; and if he will make a statement on the matter. [22267/04]

Seán Haughey

Question:

1016 Mr. Haughey asked the Minister for Transport his views on the new Aer Lingus three year plan from management; his views on whether this is in the national interest; if it is necessary at all in view of the profitability of the company at this time; and if he will make a statement on the matter. [22668/04]

I propose to take Questions Nos. 970, 978, 979, 1000 and 1016 together.

The board of Aer Lingus approved the Aer Lingus business plan for the period 2004-07 at its meeting on 26 July 2004 and it is now in the process of implementation.

This business plan is seen as an essential follow-on to the survival plan taking account of the overall business environment and the particular vulnerability of the aviation sector. The ongoing financial difficulties of many airlines across Europe and the US, coupled with experience domestically over the years, demonstrate the highly competitive and constantly challenging nature of the aviation sector. The sector's problems are compounded at the present time by the increased capacity coming on stream, particularly in the low cost sector and by increasing fuel costs.

In this turbulent climate, Aer Lingus cannot be complacent about its future performance and must remain constantly vigilant to changing market conditions in order to maintain competitiveness. Experience over the years has shown that it is not sufficient merely to react to events — the airline must anticipate and plan for difficulties and challenges.

While Aer Lingus is currently profitable, the best judgment of the board and management is that it can only sustain this performance by becoming operationally more efficient and more flexible. This is the aim of the business plan. Its implementation is seen as crucial so that the airline can position itself to respond in a timely manner to changing market conditions and can take advantage of future growth opportunities. Moreover, management must also seek to ensure that Aer Lingus is strong enough financially to weather market downturns, including those caused by external shocks such as the impact of terrorist attacks, wars, etc. and has funds to replace and expand its fleet. Failure to take account of these matters in planning for the future would inevitably lead to another crisis scenario and, indeed, would be reckless given the history of the sector.

The plan involves redundancies of around 1,300 over the next three years. To achieve this target, the company recently announced details of a voluntary severance scheme comprising attractive options for staff of all ages, service and salary categories in the airline. I hope the redundancies will be achieved voluntarily. I welcome the recent agreement by management and staff to engage in discussions with the assistance of an independent facilitator on staff related issues arising from implementation of the business plan. Those discussions are to conclude by mid-October 2004.

On the future of Aer Lingus, at the end of June 2004 senior management in Aer Lingus requested permission to develop an investment proposal for the company. Consent was not given. Following the request, I briefed the Government fully on the matter at its meeting on 6 July 2004 and as a result the Government decided to establish a Cabinet sub-committee to examine all the issues relating to the future of Aer Lingus and report back to Government as soon as possible. Goldman Sachs has been engaged to provide advice and assistance to my Department regarding this issue. The Goldman Sachs report, which is due shortly, will form an input into my deliberations and those of the Cabinet sub-committee prior to any decision by Government on the future of Aer Lingus. It may be complemented by further advice on the strategic and policy issues as deemed necessary by the Government.

In accordance with the terms of Sustaining Progress, there will be engagement between the Department and the social partners on the future of Aer Lingus before the Government finalises its consideration of this matter.

Driving Tests.

Fergus O'Dowd

Question:

971 Mr. O’Dowd asked the Minister for Transport if in view of the fact that the driving test waiting list is so long in County Louth and that Drogheda is the largest town in the county, with local population expected to rise to 60,000 he will establish a driving test centre in Drogheda; and if he will make a statement on the matter. [21390/04]

The location of a driving test centre must provide a reasonable balance between convenience to test applicants and the need for economy in delivering the driver testing service. I have no proposals to provide a test centre in Drogheda as I am satisfied that the existing test centres in Dundalk, Navan and Finglas provide adequately for the demand for driving tests in Drogheda and the general area.

Rail Network.

Fergus O'Dowd

Question:

972 Mr. O’Dowd asked the Minister for Transport the progress to date in providing a railway station on the north side of Drogheda. [21456/04]

I refer the Deputy to my response to an identical question on 27 April last. The situation since then is unchanged. The location of stations on the rail network is a matter for the board of Irish Rail.

The company informs me it has no plan, at present, to build a second railway in Drogheda. While I understand that Irish Rail has had some representations regarding a second station at the north side of the town, there are some concerns from a technical perspective about the close proximity of the two stations. In any event, a new station would have to be supported by high-density development within its immediate area.

Fergus O'Dowd

Question:

973 Mr. O’Dowd asked the Minister for Transport the progress in providing a railway station in Dunleer County Louth. [21457/04]

I refer the Deputy to my response to an identical question on 27 April last. The situation since then is unchanged. The location of stations on the rail network is a matter for Irish Rail.

The company informs me that it has examined the case for re-opening Dunleer station on a number of occasions in the past. A review of the Dublin suburban rail strategy conducted on behalf of the company, concluded that the station would only have very modest daily boardings given the population of the area. However, I understand that a new development plan has been approved for Dunleer, which involves significant population growth. While I understand that Irish Rail has not yet seen the revised development plan, the company has indicated that it is prepared to re-examine its position regarding the re-opening of the station if the plan is adopted and funding can be provided from developers.

Regional Airports.

Breeda Moynihan-Cronin

Question:

974 Ms B. Moynihan-Cronin asked the Minister for Transport when he expects the completion of the review of public service obligation funding for regional airports; the nature and purpose of this review; and if he will make a statement on the matter. [21495/04]

The review to which the Deputy refers is the review of air services supported by the essential Air Services Programme, public service obligation routes. DKM economic consultants were commissioned by my Department to undertake the review under the Government's expenditure review initiative. The consultant's report was published earlier this year.

The purpose of the review was to evaluate the degree to which the objectives of the PSO programme warrant the ongoing allocation of Exchequer support, on a route-by-route basis, and to examine the scope for alternative policy or new approaches to achieving the objectives on a more efficient and/or effective basis.

I intend to bring forward proposals in the near future designed to ensure that an appropriate level of air access to and from the regional airports can be facilitated on a more cost-effective basis, while also encouraging maximum commercial initiative on the part of the regional airports and air carriers.

Great Southern Hotel Group.

Breeda Moynihan-Cronin

Question:

975 Ms B. Moynihan-Cronin asked the Minister for Transport when he expects the completion of the review of the position of the Great Southern Hotel group in the context of the break-up of Aer Rianta; if it is Government policy that the group be retained in State ownership; and if he will make a statement on the matter. [21497/04]

The Great Southern Hotel group is currently a wholly owned subsidiary of Aer Rianta and that status will remain unchanged when the new Dublin Airport Authority takes office this Friday, 1 October. Any review of the Great Southern Hotel group, whether in the context of the restructuring of the State Airports or otherwise, will be a matter for the board of the new authority in the first instance.

Driver Testers.

Breeda Moynihan-Cronin

Question:

976 Ms B. Moynihan-Cronin asked the Minister for Transport the current number of driving testers at each driving test centre in County Kerry; the average waiting time at these centres at present; if he proposes to recruit additional testers for these centres; and if he will make a statement on the matter. [21498/04]

There are currently 22 driver testers assigned to the South West Region covering nine driving test centres including Killarney and Tralee. The current average waiting time for a driving test is 35 weeks in both Killarney and Tralee.

My Department is in communication with the Department of Finance regarding measures to reduce the backlog of driving test applicants including the recruitment of additional driver testers.

Rail Network.

Breeda Moynihan-Cronin

Question:

977 Ms B. Moynihan-Cronin asked the Minister for Transport the extent and nature of the works carried out on the Tralee-Mallow railway line since June 1997; the cost of these works; if further works are to be carried out to upgrade this railway line; and if he will make a statement on the matter. [21499/04]

Irish Rail have informed me that, since June 1997 a total of €46.1 million has been spent on improvement works to track, signalling, structures, fencing and level crossings. The company proposes to spend an estimated €9.7 million on similar works and station improvements between now and the end of 2005.

Questions Nos. 978 and 979 answered with Question No. 970.

Light Rail Project.

Denis Naughten

Question:

980 Mr. Naughten asked the Minister for Transport further to Parliamentary Question No. 658 of 27 April 2004, if he will provide an update on the report into the incident; and if he will make a statement on the matter. [21600/04]

The derailment of a tram at Beechwood, Ranelagh on 7 April 2004 during test and trial running was investigated by the Railway Procurement Agency, the safety duty holders at that time. I understand that the RPA investigation found that the derailment was caused by points at an emergency crossover failing to open fully. Following the investigation, new procedures were instituted for the operation of these points.

EU Directives.

Denis Naughten

Question:

981 Mr. Naughten asked the Minister for Transport if he will introduce EU Directive 2003/97/EC as and from 1 January 2005 and take steps to ensure that all existing heavy good vehicles retrofit this equipment; and if he will make a statement on the matter. [21609/04]

Member states are required to transpose EU Directive 2003/97/EC into their national law by 23 January 2005 and it is my intention to provide for this in regulations to be made by the end of the year. The directive, which replaces EU Directive 71/127/EEC, as amended, harmonises the rules relating to the type-approval of devices for indirect vision, including mirrors and cameras-monitors, on motor vehicles and vehicles equipped with these devices. The directive provides that from 26 January 2005 member states may not prohibit the sale, registration or entry into service of a vehicle that meets the requirements laid down in the directive. New heavy goods vehicles and buses entering into service from 26 January 2007 will be required to meet the standards in the directive.

While the directive applies to new vehicles only, the feasibility of applying its standards to vehicles currently in service is being examined by my Department. Subject to any practical engineering constraints, it is my intention to require retrofitting of the necessary mirrors and/or cameras and monitors to existing vehicles of the types covered by the directive.

National Driver File.

Denis Naughten

Question:

982 Mr. Naughten asked the Minister for Transport the plans he has to issue renewal notices prior to the expiry of full driving licences; the timescale envisaged for the introduction of any such a system (details supplied); and if he will make a statement on the matter. [21612/04]

My Department is liaising with the Department of the Environment, Heritage and Local Government, which holds and administers the licence records in the national driver file, with a view to having the necessary arrangements for the issue of renewal notices from the national driver file put in place. It is the intention that issue of renewal notices will commence early in 2005.

Rail Network.

Denis Naughten

Question:

983 Mr. Naughten asked the Minister for Transport if his Department has evaluated the Irish Rail submission to construct a rail interconnector south of the River Liffey; the status of this proposal; and if he will make a statement on the matter. [21635/04]

Irish Rail recently submitted to my Department a strategy document that sets out the business case for a greater Dublin integrated rail network. The proposal to construct an interconnector rail tunnel between Heuston Station and the docklands is contained in the business case.

My Department is in the process of evaluating the strategy at present.

Vehicle Height Regulations.

Denis Naughten

Question:

984 Mr. Naughten asked the Minister for Transport when he intends to introduce a new height restriction for HGVs; the economic and environmental evaluation performed to assess the impact of such a height restriction; the plans he has to allow a period of time, for vehicles above the proposed height restriction, to be filtered out of the system and the timescale envisaged; the mechanisms he plans to put in place to ensure that UK vehicles comply with the restriction; the discussions he has had with his UK and EU counterparts on the issue; and if he will make a statement on the matter. [21641/04]

I intend to publish shortly draft regulations providing for the reintroduction of a maximum height for vehicles and will be inviting the public and interested parties to make comments on them. To assist the public consultation process, I will be making available with the draft regulations a background paper which will outline the considerations of the various interests involved in this matter. The significant pertinent issues, such as the business context, rail safety, road safety, infrastructure protection, environmental considerations and the European context together with the transitional arrangements to apply, will be addressed in the background paper. The consultation period will provide an opportunity for all interested parties to make their views known to me before a final decision on this matter.

I have not had discussions with other member states in relation to this matter. This aspect will be addressed in the context of the EU-wide consultations which the European Commission will undertake when I notify it of my intention to make the regulations. This notification will be by way of a submission of a copy of the final draft of the regulations. I expect that the EU consultations will take some three to four months to complete.

Haulage Industry.

Denis Naughten

Question:

985 Mr. Naughten asked the Minister for Transport the action he is taking to address the problem of unlicensed hauliers; and if he will make a statement on the matter. [21642/04]

In order to operate a haulage service for hire or reward, a haulier must hold a road freight carrier's licence. It is an offence to operate without such a licence and any persons found to be doing so can be prosecuted through the courts if they do not cease operations or immediately comply with licensing requirements.

The most effective way of uncovering illegal operations has proven to be the confidential freefone complaints line and the confidential written complaints system, both of which provide my Department with information on alleged illegal haulage. Already this year, my Department has taken action on 117 complaints regarding illegal haulage operations and consignor companies which engaged illegal hauliers.

I have also taken action where operators have failed to respond to requests for relevant documentation to prove they still comply with the EU licensing criteria of good repute, appropriate financial standing and professional competence.

To date, I have informed 50 licensees of my intention to suspend or revoke their licences, of which 29 now stand revoked or suspended and a further 21 are going through the appeals procedure. There are a further 50 licences in the process of being reviewed and I will be writing to these operators in due course. All the above measures will help to tighten the net of sanctions against those who operate haulage services illegally and those companies which contract their services.

Denis Naughten

Question:

986 Mr. Naughten asked the Minister for Transport the outstanding elements of the 1999 Government report on the development of the haulage industry; the timescale for the implementation of these outstanding elements; and if he will make a statement on the matter. [21643/04]

The Government's report, A Strategy for the Successful Development of the Irish Road Haulage Industry, published in 1999, identified six key pillars of a development strategy for the industry as follows: a changed legal-regulatory-policy environment, enhanced support services for the road haulage sector, improvement to operational performance of the sector, measures to address time and delivery challenges, development of more accurate pricing of services, realisation of the potential of the road haulage industry.

The strategy made recommendations in relation to these areas to enhance the efficiency and profitability of the industry in line with market requirements. A road haulage review implementation group consisting of representatives of IBEC, the IRHA and the Department, was established in June 1999 to implement the recommendations of the strategy.

No definitive implementation timescales were laid down in the strategy but the following progress has been made: the Department, in consultation with the IRHA on behalf of the industry and also IBEC, has taken initiatives to strengthen the regulation of the road haulage sector; the enforcement resources of the Department were increased with the addition of three transport officers and support staff; a strategic development plan for the IRHA has been put in place and Government funding totalling €635,000 over five years has been provided; the Department maintains close contact and co-operation with the Gárda Siochána and other enforcement agencies in the enforcement of road transport legislation; training courses for hauliers aimed at improving profitability and management of the sector have been provided by the Chartered Institute of Logistics and Transport in Ireland in association with FÁS. This training is ongoing.

A programme of action for the road haulage Industry was published in January 2001. The programme builds on the Government's 1999 strategy and a steering group, formed to implement the programme of action, has subsumed the work of the road haulage review implementation group.

Most recently, the work of the steering group has been focusing specifically on the problem of illegal haulage. It is estimated that about 15% of haulage vehicles on the road are operating illegally. A structured system for submitting information on instances of illegal haulage to my Department is in operation and has recently been enhanced by the introduction of a freefone service for reporting complaints against illegal operators.

All information received is investigated by my Department's transport officers, often in co-operation with the Garda. The increased co-operation and intelligence sharing between my Department, the IRHA, the Garda and other enforcement agencies has resulted in increased levels of detection and prosecution of illegal operators. It has also facilitated the identification and prosecution of those companies which are illegally employing them.

Driving Tests.

Denis Naughten

Question:

987 Mr. Naughten asked the Minister for Transport when a person (details supplied) in County Roscommon will be called for a driving test; and if he will make a statement on the matter. [21646/04]

On receipt of documentary evidence from his prospective employer that he requires a driving licence to take up employment, a driving test will be arranged for the person concerned.

Speed Limits.

Denis Naughten

Question:

988 Mr. Naughten asked the Minister for Transport his plans to implement the metrification of speed limits; when he intends to have the metric speed limits in place; if he plans to carry out the speed limit review and reduction of speed limits on non-national roads in conjunction with the metrification process; and if he will make a statement on the matter. [21649/04]

The Road Traffic Bill 2004, that I published on 11 June last, provides for the introduction of revised speed limit structures expressed in metric values, including application of a default speed limit of 80 km/h on all non-national roads outside of built-up areas. I propose to progress the passage of this Bill through the Houses of the Oireachtas in the immediate future.

When relevant sections of the proposed new statute are subsequently commenced, the default speed limit of 80 km/h will automatically apply, through operation of the statute, to the rural non-national road network. In essence therefore the reduction of the present speed limit of 60 mph to 80 km/h, just under 50 mph, will be made as part of the metrication changeover process with effect from a commencement date that I will prescribe in regulations after the Bill has been enacted.

I announced earlier this month that it is my intention that the metric speed limits will be in place on 20 January 2005 and I have established a metrication changeover board to oversee the delivery of this task.

Light Rail Project.

Denis Naughten

Question:

989 Mr. Naughten asked the Minister for Transport if he has received a report from the railway inspecting officer into the derailment of a Luas tram on 28 August 2004; if he will report on the information which has been made available to him surrounding this incident; when he intends to receive a final report; and if he will make a statement on the matter. [21651/04]

I received a brief incident notification report from an inspector of the Interim Railway Safety Commission within a short time after the derailment of a Luas tram at St. Stephen's Green on 28 August 2004. By its nature this was a very brief report and could not shed any light on possible causes of the incident. There were no passengers injured in the incident. Since then, the interim commission has been monitoring the investigation by Connex, the tram operating company, and is expecting to receive a copy of the final investigation report from Connex before the end of October.

Road Classification Review.

Gay Mitchell

Question:

990 Mr. G. Mitchell asked the Minister for Transport if he has received representations from persons (details supplied) in relation to the request to have a route declassified from national route status; if this route will be declassified; and if he will make a statement on the matter. [21772/04]

The representations referred to by the Deputy regarding the reclassification of the R109 have been received in my Department.

A comprehensive review of the road classification system was concluded in 1994, as set out in Statutory Instrument 209 of 1994: Roads Act, 1993 (Declaration of National Roads) Order1994 and SI 400 of 1994: Roads Act, 1993 (Declaration of Regional Roads) Order 1994. This review was carried out in consultation with local authorities and took account of representations received from a wide range of local interests.

An update of these statutory instruments is currently under way which is designed to take account of road improvements and route changes since 1994. I am arranging to have the issues raised in the representations referred to by the Deputy considered in the context of the update.

School Transport.

Jan O'Sullivan

Question:

991 Ms O’Sullivan asked the Minister for Transport if Dublin Bus and Bus Éireann will allow children who are over 16 going to and from school to pay fares at the child rate rather than the student rate in view of the extra cost involved for parents of second level students; and if he will make a statement on the matter. [21773/04]

The provision of discounted fares for children and students is a day to day matter for Dublin Bus and Bus Éireann. Dublin Bus offers a facility to second level students in the 16-19 age category to avail of a special ticket giving two journeys at a discount rate of €1.50.

All Bus Éireann passengers can avail of weekly city tickets offering unlimited travel over seven days in Cork city. Children and students travelling on Bus Éireann local services throughout the country may also avail of a ten journey weekly commuter ticket valid over seven days.

Legislative Programme.

John Gormley

Question:

992 Mr. Gormley asked the Minister for Transport the number of pieces of legislation that have been drafted outside the Office of the Attorney General by solicitors since the general election of 2002; the cost to date of the outsourcing of the drafting of legislation; if legislation has had to be corrected subsequently in many cases; the Bills which are currently being drafted by firms of solicitors; the legislation he intends to outsource this term; and if he will make a statement on the matter. [21831/04]

Pat Rabbitte

Question:

1023 Mr. Rabbitte asked the Minister for Transport if the approval of the Attorney General was sought by his Department in regard to the subcontracting out to private firms of the drafting of legislation; the number of occasions on which such consent was given; if the Attorney General is satisfied with the drafting of legislation outside of his office; and if he will make a statement on the matter. [22736/04]

I propose to take Questions Nos. 992 and 1023 together.

While advice is sought by my Department from time to time from private legal firms to assist in the preparation of legislation, the drafting of all primary legislation sponsored by my Department has been the responsibility of the parliamentary counsel in the Office of the Attorney General. I have no plans to outsource the drafting of legislation.

Rail Services.

Denis Naughten

Question:

993 Mr. Naughten asked the Minister for Transport further to Parliamentary Question No. 126 of 25 March 2004 and the recent Government decision to shelve plans for a carbon tax, the plans he has to provide rail freight subsidies to businesses which shift goods from road to rail; and if he will make a statement on the matter. [21926/04]

Denis Naughten

Question:

994 Mr. Naughten asked the Minister for Transport further to Parliamentary Question No. 126 of 25 March 2004, the specific funds provided for Irish Rail specifically to support its rail freight operations; and if he will make a statement on the matter. [21927/04]

I propose to take Questions Nos. 993 and 994 together.

In my response to Parliamentary Question 126 of 25 March 2004 I stated that I had no plans to provide additional funding for Irish Rail specifically to support its rail freight operations. As part of Irish Rail's plans to reshape its loss marking operations the company has restructured its rail freight operations to refocus on the more profitable elements of rail freight and seek out new business in those areas where the rail mode is best suited to the traffic. I understand from the company that it has had some success in this regard and that its efforts are continuing.

Taxi Regulations.

Michael Ring

Question:

995 Mr. Ring asked the Minister for Transport the advice guidelines or financial assistance which is available to assist a minibus or taxi owner to convert their vehicles to be fully wheelchair accessible. [21980/04]

Michael Ring

Question:

996 Mr. Ring asked the Minister for Transport the number of fully wheelchair accessible taxis and minibuses which are registered at present and on a county basis. [21981/04]

Michael Ring

Question:

997 Mr. Ring asked the Minister for Transport if he will amend the suitability requirements for wheelchair accessible taxis to consider the rear tailgate type vehicle. [21982/04]

I propose to take Questions Nos. 995 to 997, inclusive, together.

The licensing and operation of small public service vehicles, including wheelchair accessible taxis, is governed by the Road Traffic (Public Service Vehicles) Regulations 1963 to 2002 and the Road Traffic (Construction, Equipment and Use of Vehicles) Regulations 1963 to 2002. Under these regulations, a licence may only be granted following presentation of a vehicle test certificate and certificate of suitability issued by the National Car Testing Service, NCTS, which confirms that the vehicle is suitable for the purpose of being licensed as a taxi, wheelchair accessible taxi, hackney or limousine, as appropriate. The testing of a vehicle for taxi licensing purposes is undertaken by NCTS in accordance with the relevant regulatory requirements, including the requirements for wheelchair accessible taxis contained in the Road Traffic (Public Service Vehicles) (Amendment) Regulations 1998 (SI No. 47 of 1998), in the case of such a licence application. There is no financial assistance available to assist vehicle owners to convert vehicles to comply with the requirements of the wheelchair accessible taxi specification.

The Taxi Regulation Act 2003 specifically provides that an objective of the Commission for Taxi Regulation is to promote access to small public service vehicles by persons with disabilities. In this regard, the commission will be tasked with the determination of the future policy in relation to accessible taxis, including the consideration of possible revisions or improvements to the existing wheelchair accessible taxi specification. It is envisaged that this will necessitate specific discussions with both disability and taxi representative groups.

Under the public service vehicle regulations the granting and renewal of wheelchair accessible taxi licences is the responsibility of individual local licensing authorities to whom applications for licences are made. Accordingly, information regarding the total number of wheelchair accessible taxis licensed currently is not available in my Department. However, the following table outlines the position at 31 December 2003 based on statistical information provided for my Department by local authorities.

Wheelchair Accessible Taxis

Total number of licences granted at 31.12.2003 and still current at that date

Licensing Authority

Athlone Town Council

3

Ballina Town Council

2

Bray Town Council

6

Birr Town Council

0

Carlow Town Council

13

Castlebar Town Council

1

Cobh Town Council

1

Cork City Council

35

Donegal County Council

1

Stranorlar

0

Drogheda Borough Council

7

Dublin City Council

1,001

Dundalk Town Council

5

Dungarvan Town Council

2

Ennis Town Council

2

Fermoy Town Council

0

Galway City Council

42

Kilkenny Borough Council

8

Killarney Town Council

10

Laois County Council

9

Letterkenny Town Council

9

Limerick City Council

11

Longford Town Council

2

Longford County Council

0

Mallow Town Council

2

Mhuinebeag (Carlow Town Council)

1

Naas Town Council

6

Navan Town Council

16

Sligo Borough

4

Thurles Town Council

0

Tipperary Town Council

0

Tralee Town Council

1

Tullow (Carlow Town Council)

0

Waterford City Council

13

Westmeath Urban (Mullingar)

14

Westmeath Co. Co. (Rural)

4

Wexford Borough Council

7

Total

1,238

Departmental Websites.

Paul McGrath

Question:

998 Mr. P. McGrath asked the Minister for Transport the number of persons who have responsibility for upgrading his Department’s website and eliminating outdated and often inaccurate information. [22200/04]

The Department's website is updated regularly by the various divisions within the Department. The heads of the divisions decide on material to be published and on information which may be removed if out-of-date or no longer relevant. In addition, approximately five staff in the Department's IT and customer service units share the responsibility, among their other duties, for the overall maintenance of the site.

Rural Transport Initiative.

John Perry

Question:

999 Mr. Perry asked the Minister for Transport if he will address the issues raised in the enclosed correspondence by the community of Lough Arrow social project (details supplied) with regard to the rural transport initiative as a decision is being made about budgets for Departments until the end of 2006; and if he will make a statement on the matter. [22216/04]

I have received a similar letter to the one received by the Deputy which I will answer in detail when replying to the group concerned. Among other things I will point out to the group that Area Development Management Limited is administering the rural transport initiative on behalf of my Department. ADM alone is responsible for making the decisions on specific allocations for individual rural transport initiative projects from funding provided by my Department. Neither the Department nor I have any function with regard to this aspect of the rural transport initiative. However, in addition to the original 2004 allocation ADM has recently made a supplementary allocation to the project concerned in view of its emerging financial difficulties. The project benefits each year from funding being provided by the Department of Social and Family Affairs under the application of the free travel scheme to the rural transport initiative.

ADM has informed me that in some cases, rural transport initiative projects have also been able to generate additional funds from providing services to health boards and from other sources. From the outset rural transport initiative projects have been encouraged to source such funding. The degree of co-financing and additional resources secured from non-Exchequer sources were among the operational criteria used to assess the original applications for funding under the rural transport initiative.

There has been no reduction in the funding provided by my Department for the rural transport initiative this year. On the contrary, the funding for this initiative has been more than doubled from that originally planned for it. By the end of this year my Department will have spent €9 million on the initiative compared to the €4.4 million earmarked for it in the National Development Plan 2000-2006. The rural transport initiative was originally due to conclude at the end of 2003. However, I extended this pilot initiative for a further year to the end of 2004 to facilitate a proper evaluation of the scheme. ADM recently concluded that evaluation and I will now consider the future of the initiative in the light of its findings.

Question No. 1000 answered with QuestionNo. 970.

Road Network.

Finian McGrath

Question:

1001 Mr. F. McGrath asked the Minister for Transport the position regarding the construction of the Dublin Port tunnel particularly concerning the dangers at the tunnel’s entrance, water leaking into the massive tunnel through openings, design deficiencies, safety of staff and local residents and senior management staff leaving the project; and if he will make a statement on the matter. [22291/04]

Joe Costello

Question:

1021 Mr. Costello asked the Minister for Transport if flaws in the design and construction of the port tunnel have been brought to his attention; if there is a delay in the timetable for completion of the project; if there is a cost overrun on the project; and if he will make a statement on the matter. [22852/04]

I propose to take Questions Nos. 1001 and 1021 together.

The issues raised are a matter for the contractor, Dublin City Council, and the National Roads Authority. I understand from the NRA that a safety audit of the project confirms that the Dublin Port tunnel complies in all respects with the requirements of the proposed EU directive on safety on road tunnels. The NRA also informs me that the operating system for the tunnel and the ventilation and safety systems have been designed with safety as a paramount parameter. This ventilation system, along with a package of further safety measures including emergency telephones, lay-bys, pedestrian and vehicular cross passages, continuous CCTV coverage of the tunnels, a 24 hour manned control room, fire detection equipment, incident detection equipment, to mention just some, represents a comprehensive approach to ensuring the safe passage of vehicles through the port tunnel.

The NRA advises that the operating system for the Dublin Port tunnel is in line with the best international practice. Dublin City Council says that in ongoing monitoring of the contractor's designs by the construction supervisors appointed by the council, some concerns regarding the design of floor slabs in the cut and cover tunnel sections were identified. A detailed review of this design issue is ongoing. If remedial measures are called for at any stage the contractor is required to implement them at its expense. These measures would be relatively straightforward and uncomplicated to carry out and by their nature would not lead to delays. Contrary to the impression that may have been created, the tunnel structures are safe and stable. Where small problems arise as they inevitably and routinely do with projects of this size, Dublin City Council and its construction supervisors ensure that they are detected and rectified. The tunnel's construction work has been monitored in detail since the project commenced in 2001. This monitoring of the design and construction processes detects and rectifies deficiencies, if they arise. The quality control exercised in the port tunnel project is effective and working.

The contract for the port tunnel, which is a design and build contract, was awarded in December 2000 in the sum of €448 million. At that time when land acquisition, construction supervision etc. were included it was anticipated that the all-in cost, including construction, would be in the region of €580 million. The construction period will extend to quarter 3 or quarter 4 of 2005 and allowing for the operation of the price variation clause over that five year period, the NRA estimates that the final outturn cost, including price variation, will be in the region of €715 million at current prices. The cost increase between the all-in cost at 2001 prices and the all-in cost prices in 2004 is attributable to the price variation clause which takes account of construction cost inflation over the period concerned including the costs of labour and materials. I am not aware of any staffing issues that will impact on the port tunnel project.

Public Transport.

Charlie O'Connor

Question:

1002 Mr. O’Connor asked the Minister for Transport if immediate action will be taken in consultation with the RPA and Dublin Bus to ensure that the bus feeder needs of the Tallaght Luas line are properly addressed in view of the particular difficulties which exist in the Tallaght area regarding park and ride. [22294/04]

The network of bus services provided by Dublin Bus in the Tallaght area all operate to and from the Square, where they will be able to connect with the Luas red line. Following the introduction of the red line and in the light of experience of its operation, Dublin Bus will undertake a review of bus services will be undertaken by Dublin Bus. Dublin Bus and the RPA have developed a range of bus-Luas integrated tickets which will be available in shops and at the platforms.

Light Rail Project.

Charlie O'Connor

Question:

1003 Mr. O’Connor asked the Minister for Transport if he will report on the historic opening of the Tallaght Luas line; and if he will make a statement on the matter. [22295/04]

Luas red line — Tallaght to Connolly Station — was officially opened by the Taoiseach on Tuesday 28 September 2004. There will be six free travel days, with paid passenger services commencing on Monday 4 October. The red line is 15 kilometres in length, five kilometres of which are on-street, with 23 stops and 34 road crossings along its alignment. The scheduled journey time from Tallaght to Connolly Station is 43 minutes and it is hoped to achieve this journey time in the coming weeks as road traffic becomes more familiar with the presence of Luas on the various intersections where Luas and road traffic share road space. After an initial running-in period, trams will operate at five minute intervals at peak times with 12 trams in each direction each hour. Expected daily patronage is approximately 40,000. The red line will enhance the integration of transport services in the Dublin area, as it links Heuston Station to Connolly Station and Bus Áras, in addition to providing a vital rail link to the rapidly expanding Tallaght area.

Michael Ring

Question:

1004 Mr. Ring asked the Minister for Transport the exact date the Luas became operational; the number of accidents that have taken place since its opening; and if he will make a statement on the matter. [22332/04]

Passenger services commenced on the green line on 30 June 2004 and on the red line yesterday afternoon, 28 September 2004. Since passenger services commenced on the green line, there have been five incidents. Of those two involved collision with cars, two were derailments and one involved collision between two trams. There has been no incident reported since yesterday's opening of the red line. However, during the testing and commissioning phase for the red line, there were six incidents, all involving cars driving into the path of trams. None of the incidents to date have resulted in a fatality or serious injury.

Other light rail systems worldwide have had experience of similar incidents in the early days of operation. There is an onus on motorists, cyclists and pedestrians to take care for their own safety along the Luas lines, particularly in the early period of its operation, when people are getting used to sharing road space with trams. Anecdotal evidence suggests that motorists are not properly respecting yellow box junctions, traffic signals and stop signs at Luas intersections. Driver behaviour must change for the safety of the motorists themselves and for the safety of Luas passengers.

Equality Policy.

David Stanton

Question:

1005 Mr. Stanton asked the Minister for Transport if mechanisms exist to ensure that interview boards established under the auspices of his Department and which comprise of two or more persons are gender balanced; and if he will make a statement on the matter. [22366/04]

In general recruitment to the Civil Service is conducted centrally by the Civil Service and Local Appointments Commission, 1 Lower Grand Canal Street, Dublin 2, and when vacancies arise in Departments the commission arranges the necessary recruitment procedures. I therefore cannot comment on the internal procedures of the commission. However, in my Department any internal or external interviews comprising two or more persons are gender balanced. Recruitment procedures for any of the agencies under the aegis of my Department are the sole responsibility of that agency.

Driving Tests.

John McGuinness

Question:

1006 Mr. McGuinness asked the Minister for Transport if he has decided on the locations for driver testing off-road; if Kilkenny city will be considered; the sites being considered; and the timeframe for a decision. [22447/04]

My Department is considering a range of options for off-road driving test centres, in consultation with the Office of Public Works. No final decisions have been made.

Rail Accidents.

Denis Naughten

Question:

1007 Mr. Naughten asked the Minister for Transport if he has received a report from the railway inspecting officer into a rail accident (details supplied) in County Longford; the action which will be taken to ensure that such an incident is not repeated; and if he will make a statement on the matter. [22505/04]

On 10 August 2004, the 6.20 a.m. passenger train from Longford to Pearse Station struck the closed level crossing gates at Ballymahon, County Longford, breaking both gates. An inspector from the interim Railway Safety Commission visited the crossing on the day of the incident and inspected the signalling and other infrastructure in the vicinity of the crossing. The inspector followed up his visit to the site by putting a detailed set of questions to Iarnród Éireann which is conducting an inquiry into the incident and as part of this inquiry is examining all the issues raised by the inspector. Preliminary indications are that a fault in the signalling equipment at the location may have been the cause of the incident but it would be premature to take a definitive view on this until the Iarnród Éireann inquiry is completed. Iarnród Éireann has examined all signalling equipment on its network which is similar to that at Ballymahon and is satisfied that it is operating satisfactorily.

Rail Services.

Fergus O'Dowd

Question:

1008 Mr. O’Dowd asked the Minister for Transport if Iarnród Éireann will rebalance and restructure rail fares to and from Dublin in favour of Drogheda and Dundalk commuters. [22599/04]

The balancing and structuring of fares is a matter for Iarnród Éireann. However, the company has informed me that it plans to undertake before the end of the year a comprehensive appraisal of all its fares with a view to putting in place a more coherent fares structure which better reflects the changing patterns of customer demands.

Driving Instructors.

Denis Naughten

Question:

1009 Mr. Naughten asked the Minister for Transport when he will introduce statutory legislation for driving instructors; the plans he has to introduce a training course for driving instruction; and if he will make a statement on the matter. [22641/04]

Denis Naughten

Question:

1011 Mr. Naughten asked the Minister for Transport if retired driving testers can advertise the fact that they are former examiners when offering their services as a driving instructor; and if he will make a statement on the matter. [22643/04]

I propose to take Questions Nos. 1009 and 1011 together.

Proposals being developed by my Department for the regulation and quality assurance of driving instruction will involve a test of the competence of individual instructors. A working group comprising representatives of my Department and of instruction interests has formulated the design of the standards that a driving instructor must meet. I am considering what arrangements will be put in place to oversee implementation of the standard in the context of the establishment of the driver testing and standards authority. The Driver Testing and Standards Authority Bill 2004, which provides for the establishment of the authority was published on 6 July 2004. Road traffic legislation contains no restrictions on advertising by driving instructors.

Road Signage.

Denis Naughten

Question:

1010 Mr. Naughten asked the Minister for Transport the plans he has to ensure that all road traffic signage on driving test routes is accurate and in line with the rules of the road; and if he will make a statement on the matter. [22642/04]

The legislative framework for the provision of traffic signs is set out in section 95 of the Road Traffic Act 1961 as amended by the Road Traffic Act 1968 and section 37 of the Road Traffic Act 1994. The Road Traffic (Signs) Regulations 1997 to 2004 prescribe regulatory traffic signs, which include upright signs, road markings, traffic lights, and other devices which may be provided on roads by road authorities, to indicate the existence of a road regulation, to implement such a regulation, or to indicate the existence of a provision in an enactment covering road traffic. Responsibility for the provision, positioning and maintenance of all traffic signs on non-national roads, which include regulatory signs and road markings, warning and information signs, is a matter for individual road authorities. Responsibility for funding the provision and maintenance of traffic signs on the national roads network is a matter for the National Roads Authority.

Question No. 1011 answered with QuestionNo. 1009.

Driving Tests.

John Deasy

Question:

1012 Mr. Deasy asked the Minister for Transport the efforts being made to improve the lengthy delays experienced by persons awaiting their driving test; the present waiting time for Dungarvan test centre and Waterford city test centre from the date of application to the date of testing; the number of persons driving on provisional licences; and if he will make a statement on the matter. [22657/04]

My Department is in communication with the Department of Finance regarding measures to reduce the backlog of driving test applicants, including the recruitment of additional driver testers. Several retired driver testers have been employed to deliver additional tests and driver testers continue to deliver additional tests by working overtime on Saturdays and at lunchtime. The Bill to establish the driver testing and standards authority, which will take on responsibility for conducting driving tests and will have more flexibility to respond to variations in demand, was published last July. The average waiting time for a driving test in Waterford is 37 weeks and in Dungarvan, 41 weeks. On 31 December 2003 there were 367,807 provisional licence holders.

Public Transport.

Trevor Sargent

Question:

1013 Mr. Sargent asked the Minister for Transport if in view of the continuing and dramatic rise in commuter traffic along the N81, particularly that part linking Tallaght to Blessington in County Wicklow, if his Department have plans to develop the very poor public transport system along this route; and if there are plans to extend the Luas line from Tallaght to Blessington. [22658/04]

The extension of existing bus services or the introduction of new services is a matter for the bus operators to propose to my Department. Dublin Bus operates the 65B and 50 routes on the main housing and commercial section of the N81, operating at approximately ten minute peak hour frequency. Bus Éireann also operates services to Tullow, Rosslare Harbour and Carnew via Blessington and Tallaght on the N81. There are no plans to extend the Luas red line to Blessington.

Road Accidents.

Trevor Sargent

Question:

1014 Mr. Sargent asked the Minister for Transport if there are statistics available which detail the causes of road accidents, from which we can see the percentages of fatalities, or serious injuries, attributable to drunk or drugged drivers, tiredness, exceeding the posted limit, overtaking slow moving traffic and the making of right turns. [22659/04]

Commentary on the information available regarding causes of fatal and serious injury road collisions, is prepared by the National Roads Authority based on reports from the Garda Síochána and is published by the authority in its annual road accident facts reports. The most recent report is in respect of 2002 and that report, along with reports relating to previous years, are available in the Oireachtas Library. The reports provide data on certain contributory factors including exceeding safe speed limits. Such commentary does not, however, include details of the percentage of fatalities or serious injuries attributable to drunk or drugged drivers, those suffering from fatigue, overtaking slow moving traffic or making right turns.

Driving Tests.

Willie Penrose

Question:

1015 Mr. Penrose asked the Minister for Transport if he will take steps to ensure that a person (details supplied) in County Westmeath has his application for a driving test expedited; and if he will make a statement on the matter. [22665/04]

On receipt of documentary evidence from his employer that he requires a driving licence for his employment, a driving test will be arranged for the person concerned.

Question No. 1016 answered with QuestionNo. 970.

Willie Penrose

Question:

1017 Mr. Penrose asked the Minister for Transport if he will take steps to ensure that a person (details supplied) in County Westmeath who has made an application for a driving test has it expedited; and if he will make a statement on the matter. [22774/04]

A driving test will be arranged as soon as possible for the person concerned.

Air Services.

Pat Breen

Question:

1018 Mr. P. Breen asked the Minister for Transport if the new Aer Lingus Dublin-Orlando service is fully compliant with the Irish-US bilateral air agreement; and if he will make a statement on the matter. [22799/04]

My officials are clarifying with Aer Lingus how the proposed new charter series to Orlando will comply with the Shannon stop policy.

Road Closures.

Róisín Shortall

Question:

1019 Ms Shortall asked the Minister for Transport the procedures and protocols for a road closure for the purpose of making a film; if his attention has been drawn to the widespread traffic gridlock caused in the Dublin north inner city area at evening peak time on 22 September 2004 due to the fact that Upper Buckingham Street was closed without the permission of Dublin City Council; if Dublin City Council is the appropriate authority for such permission; and if he will make a statement on the matter. [22810/04]

Control of temporary road closures is a matter for road authorities. Section 75 of the Roads Act 1993 provides that a road authority may by order close a public road to traffic. The Road Regulations 1994 (SI 119 of 1994) set out the procedure to be followed by a road authority in making such an order. Section 75(2)(d) of the Roads Act 1993 provides that a person who closes a public road without lawful authority, that is, except in accordance with an order by the relevant road authority, is guilty of an offence.

Dublin City Council, which is the relevant road authority in this instance, informs me that a film production company was filming over several nights in adjacent streets with permission, but that no permission was granted or requested for the closure of Upper Buckingham Street by the production company. The council is following up the incident with the production company and considering what further action to take.

Rail Network.

Jan O'Sullivan

Question:

1020 Ms O’Sullivan asked the Minister for Transport when he will release funding for a full feasibility study on the proposed Shannon rail link; and if he will make a statement on the matter. [22851/04]

The proposed Shannon rail link was examined in the course of the strategic rail review which my Department published last year. The cost benefit and multi-criteria analyses carried out as part of the review showed that the proposal did not perform very well in terms of net economic benefit and therefore it was not included by the consultants in the recommended investment strategy of the review. However, the review was conducted at a strategic level rather than as a feasibility exercise and it has been made clear to me that many interests in the Shannon region see this proposed rail link as bringing strong economic benefits to the region. Accordingly, I am asking Iarnród Éireann to undertake a feasibility study on the viability of this proposal in consultation with various local interests, similar to the study previously undertaken by Iarnród Éireann on the Cork-Middleton line.

Question No. 1021 answered with QuestionNo. 1001.

Emmet Stagg

Question:

1022 Mr. Stagg asked the Minister for Transport if he has received the draft railway order for the Kildare route project from CIE; if he is in a position to announce when the public inquiry into same will be held; if he will assure the public that funding is available to proceed with the Kildare route project; and if he will make a statement on the matter. [22856/04]

Iarnród Éireann is in the process of completing an application for a railway order for the Kildare route project, under the terms of the Transport (Railway Infrastructure) Act 2001. The Act sets out the actions I am required to take on receipt of the application and the related timeframes. I am required, within 14 days of acknowledging receipt of an application, to direct that a public inquiry be held and, within 28 days of acknowledging such an application, to appoint an inspector to hold an inquiry. The inspector decides the timing and location of the public inquiry. It is expected that most of the funding for the Kildare route project, if approved, will be provided by the Exchequer. My Department is discussing with the CIE companies a priorities investment programme in line with the multi-annual funding agreed by the Government in the context of the 2004 budget.

Question No. 1023 answered with QuestionNo. 992.

Citizenship Applications.

Gay Mitchell

Question:

1024 Mr. G. Mitchell asked the Minister for Justice, Equality and Law Reform if persons (details supplied) qualify to apply for Irish citizenship; and if he will make a statement on the matter. [22682/04]

On the basis of the information supplied, it appears that naturalisation is the appropriate route to Irish citizenship for the persons in question. Such applications are considered under the Irish Nationality and Citizenship Act 1956 to 2001, and the granting of a certificate of naturalisation is at my absolute discretion. The applicant must fulfil certain statutory requirements, including requirements covering residency. However, I am empowered to dispense with the statutory conditions in whole or in part in certain circumstances, for example, where the applicant is of Irish descent or has Irish associations. Every such application is decided upon on its individual circumstances and in accordance with the law. 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, lo-call 1890 551500 on Tuesdays or Thursdays between 10 a.m. and 12.30 p.m.

Asylum Applications.

Seán Crowe

Question:

1025 Mr. Crowe asked the Minister for Justice, Equality and Law Reform if he will investigate the case of a person (details supplied) in Dublin 1 who has been waiting three years to find out if they will get a work permit or face deportation. [21269/04]

My Department issued a decision on the asylum application to the applicant in question on 21 September 2004.

Citizenship Applications.

Gay Mitchell

Question:

1026 Mr. G. Mitchell asked the Minister for Justice, Equality and Law Reform if, further to Question No. 741 of 27 April 2004, he is in a position to finalise the applications for family reunification in the case of persons (details supplied) in Dublin 15; when a decision will be made; and if he will make a statement on the matter. [21289/04]

As stated in my reply to Question No. 741 of 27 April 2004, my Department will make a decision on the application when all the relevant information is available. My Department is awaiting further documentation to support the application which has recently been requested from the applicant.

Dublin-Monaghan Bombings.

Finian McGrath

Question:

1027 Mr. F. McGrath asked the Minister for Justice, Equality and Law Reform if he will take steps to ensure that persons (details supplied) are treated in a respectful manner at all times; and if they will be given the maximum support and assistance. [21292/04]

The bombings which took place in Dublin and Monaghan on Friday, 17 May 1974 were among the most tragic occurrences in the history of this island. Once again, I express my deepest sympathies to all of the victims and their families for their suffering. At all times, my Department and its agencies endeavour to treat members of the public with dignity and respect. I have established a remembrance commission, which is independent in the exercise of its functions, to administer a scheme of acknowledgement, remembrance and assistance for victims in this jurisdiction of the conflict in Northern Ireland. While it would be inappropriate for me to discuss matters involving any individual cases, all applicants to the commission are treated with due sensitivity and care.

Citizenship Applications.

Gay Mitchell

Question:

1028 Mr. G. Mitchell asked the Minister for Justice, Equality and Law Reform further to Question No. 399 of 18 November 2003, if a determination has been made in the case of a person (details supplied) in Dublin 8 who has applied for citizenship; and if he will make a statement on the matter. [21293/04]

Due to the unprecedented volume of applications for naturalisation being received, the average processing time has now increased to 24 months. It is likely, therefore, that the application of the person concerned will be finalised around the end of this year. As I have previously stated, there are more than 650 staff members employed by my Department in the provision of services for or in respect of non-nationals. Unfortunately, it has been the case that over 70% of those staff are engaged full-time in activities associated with the actual processing of asylum claims or in the provision of support for asylum applicants. However, the significant reduction in the numbers of asylum applicants is now giving me an opportunity to re-focus those resources on areas of service provision for non-nationals which are under-resourced at this point in time. The citizenship area is one of the areas which will benefit from that process.

Deportation Orders.

Finian McGrath

Question:

1029 Mr. F. McGrath asked the Minister for Justice, Equality and Law Reform if he will meet the representatives of the Coalition Against the Deportation of Irish Citizens in order to address 11,000 families about the asylum and immigration system. [21294/04]

Arrangements are being made for a meeting between officials of my Department and representatives of the Coalition Against the Deportation of Irish Citizens.

Residency Permits.

John McGuinness

Question:

1030 Mr. McGuinness asked the Minister for Justice, Equality and Law Reform the status of an application to stay here in the name of a person (details supplied) in County Kilkenny; and if a decision will be made in this case as soon as possible. [21297/04]

The person concerned arrived in the State on 31 December 2000 and claimed asylum. Following examination of his case by the Office of the Refugee Applications Commissioner, he was notified by letter dated 1 April 2001 that a recommendation was being made to the Minister that he be refused refugee status. The applicant's subsequent appeal was refused. He was notified of this decision by letter of 28 November 2001 and was allowed 15 days in which to opt for one of the following: make representations to the Minister setting out the reasons why he should not be deported; leave the State before an order is made; or consent to the making of a deportation order. Representations were received in respect of this person as to why he should not be deported.

This case was then examined under the criteria set out in section 3 of the Immigration Act 1999 and having regard to section 5 of the Refugee Act 1996 (Prohibition of Refoulement). On 27 July 2004 a deportation order was made in respect of this person, a decision which has been notified to him. The enforcement of the deportation order is now a matter for the Garda National Immigration Bureau.

Deportation Orders.

John McGuinness

Question:

1031 Mr. McGuinness asked the Minister for Justice, Equality and Law Reform if the case of a person (details supplied) will be re-opened based on new evidence being made available from his country; if the deportation order will be put on hold until the case is re-examined; if contact will be made with the person to begin the process of appeal and to confirm their status. [21298/04]

The person concerned arrived in the State on 17 December 2000 and claimed asylum. On 8 March 2001, following examination of this case, he was notified of the decision to refuse him refugee status. His subsequent appeal was refused and he was notified of this in a letter of 29 November 2001 and was allowed 15 days in which to opt for one of the following: make representations to the Minister setting out the reasons why he or she should not be deported; leave the State before an order is made; or consent to the making of a deportation order. Representations were received in respect of this person as to why he should not be deported.

This case was examined under Section 3 of the Immigration Act 1999 and Section 5 of the Refugee Act 1996 (Prohibition of Refoulement), having regard to all representations received and the most recent country of origin information available. On 30 June 2003 a deportation order was made in respect of this person. He was notified of this decision by letter of 10 July 2003. On 22 December 2003 the person made an application, via his solicitor, for re-admission to the asylum process under section 17(7) of the Refugee Act 1996. Included with this letter was recent country of origin information. On 21 May 2004 the Department sent notification to the applicant informing him that this application had been refused and setting out the reasons for same. Every consideration has been given to this case and his deportation must now proceed. The effecting of the order is a matter for the Garda authorities.

Garda Strength.

Finian McGrath

Question:

1032 Mr. F. McGrath asked the Minister for Justice, Equality and Law Reform the policing strategies that are in place to assist the residents of Harmonstown, Dublin 5; and any future Garda plans for the area. [21362/04]

I have been informed by the Garda authorities who are responsible for the detailed allocation of resources, including personnel, that the Harmonstown area is policed by Raheny Garda station. The personnel strength of Raheny Garda station — all ranks — as at 21 September 2004 is 64. The situation regarding personnel will be kept under review and when additional personnel next become available, the needs of Raheny station will be fully considered within the overall context of the needs of Garda stations throughout the country.

With regard to policing strategies for the area, there are a total of 21 neighbourhood watch schemes, some of which cover the Brookwood area of Harmonstown. The Raheny district is also responsible for a coastal watch scheme. In addition, a branch of victim support that operates in the Clontarf area provides support services to victims of crime in the Harmonstown area. The area is also served by a juvenile liaison officer, who works from the district headquarters in Raheny.

Finian McGrath

Question:

1033 Mr. F. McGrath asked the Minister for Justice, Equality and Law Reform the existing Garda services in the Coolock area; and the details of future policing plans in this area. [21363/04]

I have been informed by the Garda authorities who are responsible for the detailed allocation of resources, including personnel, that the personnel strength of Coolock Garda station — all ranks — as at 21 of September 2004 is 82. In addition, I have been informed that details of the transport resources attached to the Coolock station are as follows:

Station

Cars

Vans

Total

DMR Coolock

6

1

7

The situation will be kept under review and when additional personnel next become available the needs of Coolock will be fully considered within the overall context of the needs of Garda stations throughout the country.

The Coolock district has a total of 37 neighbourhood watch schemes. The Woodale and YAK Garda youth diversion projects both operate in the Coolock district on the basis of funding provided by my Department. The area has the services of an ethnic liaison officer based in Whitehall, while juvenile liaison officers are a district resource and provide a comprehensive service throughout the areas mentioned.

In addition, the Garda community relations section is responsible for the operation of the national juvenile office which co-ordinates and implements the provisions of the Children Act 2001 in regard to young offenders in all areas, including Coolock. It develops and communicates Garda policy on Garda youth diversion projects, community policing, crime prevention and the Garda schools programme. The Garda schools programme sets out to teach fifth class children sensible and responsible patterns of behaviour in order that they may: lessen the risks they may face through crime; be safer on the roads and at home; positively contribute towards crime prevention; know what the role of gardaí is; and develop positive attitudes towards gardaí and the job they do.

Finian McGrath

Question:

1034 Mr. F. McGrath asked the Minister for Justice, Equality and Law Reform if he will give an update on existing Garda services for the Charlemont, Griffith Avenue, Beresford, Drumcondra, Marino and Fairview areas; and the plans to develop policing services in these areas. [21364/04]

I have been informed by the Garda authorities who are responsible for the detailed allocation of resources, including personnel, that Charlemont, Griffith Avenue, Beresford, Drumcondra, Marino and Fairview areas are mainly policed by Whitehall and Clontarf Garda stations. A full breakdown of the stations covering the areas referred to in the question as follows: the Charlemont area is covered by Clontarf station; Griffith Avenue is covered by Finglas, Whitehall and Clontarf stations, depending on the location on Griffith Avenue; the Beresford area is covered by Whitehall station; Drumcondra is covered by Mountjoy, Whitehall and Fitzgibbon Street stations, depending on the location in Drumcondra; Marino is covered by Clontarf station; and Fairview is covered by Clontarf or Store Street stations, depending on the location in Fairview.

The personnel strength of the relevant Garda stations as at 21 of September 2004 is as set out hereunder:

Station

Strength

Whitehall

33

Clontarf

64

Finglas

73

Mountjoy

88

Fitzgibbon St.

119

Store Street

261

Whitehall has nine neighbourhood watch schemes and two campus watch schemes at St. Patrick's Training College and DCU. The services of victim support are available to victims of crime through the Santry branch of victim support.

The Clontarf district is served by 17 neighbourhood watch schemes. There is a scheme covering the Grace Park Road and Charlemont areas. A business watch scheme operates in Fairview. Victims of crime have access to the services of the Clontarf branch of victim support. The area has the services of an ethnic liaison officer based in Whitehall, while juvenile liaison officers are a district resource and provide a comprehensive service throughout the areas mentioned.

Details of the transport resources attached to Clontarf, Whitehall, Fitzgibbon Street, Mountjoy, Store Street and Finglas Garda stations is as follows:

Station

Cars

Vans

Bikes

4x4’s

M/Buses

Total

DMR — Clontarf

7

1

0

0

0

8

DMR — Whitehall

5

0

0

0

0

5

DMR — Fitzgibbon St

7

2

1

1

1

12

DMR — Mountjoy

7

0

0

0

0

7

DMR — Store Street

23

6

10

1

1

41

DMR — Finglas

3

2

0

0

0

5

The situation will be kept under review and when additional personnel next become available the needs of Whitehall and Clontarf will be fully considered within the overall context of the needs of Garda stations throughout the country.

Visa Applications.

Finian McGrath

Question:

1035 Mr. F. McGrath asked the Minister for Justice, Equality and Law Reform if he will ensure that a person (details supplied) receives the maximum advice and assistance with their work visa. [21373/04]

Arrangements have recently been made by my Department to enable the person concerned to renew his permission to remain in the State at his local immigration office.

Finian McGrath

Question:

1036 Mr. F. McGrath asked the Minister for Justice, Equality and Law Reform the reason a person (details supplied) was refused a holiday visa to Ireland; and if he will urgently change this ridiculous situation. [21376/04]

A visa application on behalf of the person concerned was received in my Department on 20 August 2003 for the stated purpose of coming to Ireland for a holiday period of four weeks. The application was supported by documentation from her Irish sponsor indicating that he had known her for the previous year and that he was anxious for her to attend a family wedding. No documentation was submitted to show they had ever met, nor were the details of the wedding she was proposing to attend enclosed. The application was refused because the visa officer was unable to conclude, on the basis of the documentation supplied to my Department, that the applicant would observe the conditions of the visa.

In February 2004, some five months following the refusal of the visa, the applicant's Irish sponsor submitted an appeal on her behalf. In this appeal the sponsor indicated that the employment details as stated by the applicant in her visa application were "incorrect". In her visa application the applicant stated her occupation as "accountant" and submitted an employer's reference letter confirming her employment and salary with the company as evidence. The sponsor now provided details of a different employment with alternative employer's letters. The visa appeals officer, having examined the application afresh, including the new information contained in the appeal, concluded that the decision to refuse the visa was reasonable.

Proposed Legislation.

Gay Mitchell

Question:

1037 Mr. G. Mitchell asked the Minister for Justice, Equality and Law Reform if he will make a statement on the concerns of persons (details supplied) regarding firearms policy and legislation. [21386/04]

John Perry

Question:

1104 Mr. Perry asked the Minister for Justice, Equality and Law Reform if he will make a statement on the correspondence he has received from the National Association of Regional Game Councils with regard to the Criminal Justice Bill 2004. [22063/04]

I propose to take Questions Nos. 1037 and 1104 together.

I am aware of the views of individuals and organisations, including those of the National Association of Regional Game Councils, in respect of proposed changes in legislation regarding the control of firearms. A number of submissions have been made to the dedicated address on my Department's website which was set up to facilitate a consultation process. However, I am conscious, in particular, of the overriding necessity to ensure that public safety and security are given priority in any review of policy and legislation regarding firearms. With this in mind, and taking into account a recent increase in violent crime involving firearms, I decided to bring forward at an early stage certain proposals for inclusion in the Criminal Justice Bill 2004. The Bill as published contains one of those proposals, to provide for the secure custody of firearms, at section 30. Other provisions will be brought forward in the form of amendments to the Bill on Committee Stage. In addition, any relevant recommendations arising from the tribunal of inquiry into the fatal shooting of Mr. JohnCarthy at Abbeylara, County Longford, on 20 April 2000 — the Barr tribunal — will be considered for inclusion in legislation either in the Criminal Justice Bill or a future firearms Bill, depending on the timing of the conclusion of the tribunal.

National Drugs Strategy.

Gay Mitchell

Question:

1038 Mr. G. Mitchell asked the Minister for Justice, Equality and Law Reform the steps he will take to ensure that the Inchicore community drug team (details supplied) does not have its funding reduced as proposed by ADM; and if he will make a statement on the matter. [21387/04]

As the Deputy may be aware, this community based group was approved a staffing grant of €195,000, over three years, in March 2003. This has enabled the group to employ two full time child care workers. The Deputy should note that support towards staffing costs under the equal opportunities child care programme 2000-2006 is only made available to those projects which can demonstrate they are providing child care in areas of significant disadvantage and which are supporting parents to access employment, education or training.

I understand that, in accordance with its usual practice, Area Development Management Limited has been in contact with the project in order to review the group's performance against the targets set at the grant approval stage, as is an integral part of the overall management of the programme. The review in respect of the project referred to will be completed later this year. It is important to ensure that projects which receive grant support actually provide the levels of service to which they commit and ADM Limited maintains regular contact with all grant beneficiaries for this purpose. The review of performance in respect of the project referred to will be completed later this year.

Closed Circuit Television Systems.

Fergus O'Dowd

Question:

1039 Mr. O’Dowd asked the Minister for Justice, Equality and Law Reform the position regarding the proposed closed circuit television for the town of Drogheda, County Louth; and if he will make a statement on the matter. [21389/04]

I am informed by the Garda authorities that an application for a Garda CCTV system in Drogheda has been received by the CCTV advisory committee. This committee was established by the Garda Commissioner to advise on all matters relating to CCTV systems. This application is currently under consideration by the advisory committee along with applications from other cities and towns throughout the country. It should be noted that there are already 17 CCTV schemes nationwide which are either at installation, tender or planning stages.

Garda Deployment.

Seán Haughey

Question:

1040 Mr. Haughey asked the Minister for Justice, Equality and Law Reform if he will request the Garda to deal with a problem of juvenile crime, vandalism and lawlessness in an estate in Dublin 3 (details supplied); if he has satisfied himself with the level of Garda coverage in this area particularly as regards foot patrols and community gardaí; and if he will make a statement on the matter. [21407/04]

I am informed by the Garda that the area in question is regularly patrolled by uniform and plain clothes gardaí from Clontarf Garda station with a view to ensuring a concentrated and visible presence in the area. Additional supporting patrols are provided by divisional units and the detective branch. I understand that there are community police assigned to these areas who have an excellent rapport with the local community. I am also informed that a number of youths have been dealt with under the juvenile liaison scheme for incidents of juvenile crime and lawlessness in the area referred to.

I am also informed that current policing plans in the area are predicated on the prevention of public order offences, the prevention of crime — including crimes of violence against persons and crimes against property — and the maintenance of an environment conducive to improving quality of life of the residents. This strategy is, and will continue to be central to the delivery of a policing service to the area in question.

I am assured that local Garda management are satisfied that there are adequate resources to meet the policing needs of the area. The current personnel strength — all ranks — is 64. The situation will be kept under review and when additional personnel become available, the needs of the districts will be fully considered within the overall context of the needs of Garda districts throughout the country.

Child Care Services.

Phil Hogan

Question:

1041 Mr. Hogan asked the Minister for Justice, Equality and Law Reform when a decision will be made in respect of a capital grant application for a centre (details supplied); and if he will make a statement on the matter. [21411/04]

The equal opportunities child care programme 2000-2006 is a seven-year development programme which aims to increase the availability and quality of child care to support parents in employment, education and training. The progress of the programme was commented upon very favourably by the mid-term evaluators of both the regional operational programmes and the National Development Plan 2000-2006 and, following the mid-term review, additional funding of approximately €12 million was made available for the child care measures. This brings the total funding available for the programme to €449.3 million.

There has been considerable demand from community based groups for capital grant assistance under the programme and every county has benefited significantly from grants to provide new and enhanced community based child care facilities and to support capital developments in the private child care sector. ADM, on behalf of my Department, is currently carrying out an extensive review of the programme's capital commitments to date, numbering over 1,100 and at a value of €114 million, to ensure that all the grant commitments previously entered into will be realised. Projects may be awaiting planning permission or the completion of tender processes before reasonable assurance can be taken that they will proceed and, if they do not, the funding set aside can be decommitted and made available to another project. Expenditure under the programme covers the period to the end of 2007 and must take place in a planned manner as must grant approvals to ensure that the programme can meet its financial commitments at all times.

In addition, my Department has recently reviewed the different budget lines under the EOCP, including the capital programme, to ensure that the most effective use is made of all remaining funding in accordance with the programme's objectives and this has brought to €157 million the total allocation for the capital development of child care under the present programme. At the same time, an extensive review of child care provision on the ground has taken place to identify obvious service gaps, the filling of which will be a priority using the remaining capital funding which currently amounts to about €35 million, of which about €25 million is being earmarked for community based not for profit child care groups that provide services for young children to support their parents who may be in employment, education and training.

I intend to allocate the remaining capital funding under this strand of the Government's commitment to child care to address the most immediate service gaps. As a result, all the projects in the pipeline on 30 April 2004 have been reviewed again by ADM Limited on the basis of geographical need, the range of services being offered, value for money and the capacity of the groups to complete a project before the end of the programme in 2007. Those projects which best meet the criteria will receive priority funding from the capital funding which remains unallocated at this point.

I have made inquiries and I understand that an application for capital grant assistance was received from this group on 18 June 2004. This application has been forwarded to Area Development Management Limited, which has been engaged by my Department to carry out a thorough assessment against the programme's criteria for grant assistance, on my behalf. Given the relatively recent submission of the project, it will not be considered for funding under the current review process I have outlined above but it will be considered for funding should additional capital resources come available.

The allocation of any additional funding which might come available to me will also be allocated on the basis of local need, levels of service being offered and value for money. In the interim, it would be premature of me to comment further on this capital grant application.

Garda Communications.

John Gormley

Question:

1042 Mr. Gormley asked the Minister for Justice, Equality and Law Reform if the Garda Síochána is considering the use of the TETRA digital radio system; if it had a trial of the system; and if his attention has been drawn to the health problems associated with the system which requires a higher poser output than mobile phone systems at a frequency which can affect brain tissue and problems relating to interference with other broadcast systems. [21537/04]

John Gormley

Question:

1078 Mr. Gormley asked the Minister for Justice, Equality and Law Reform if the Garda Síochána has asked for the introduction of a TETRA system; his views regarding the health effects and interference with television reception of this system; and if he will make a statement on the matter. [21820/04]

I propose to take Questions Nos. 1042 and 1078 together.

A pilot TETRA system utilising TETRA digital radio technology has been in operation since February 2002 in Dublin north central division and traffic section Dublin Castle. One of the aims of the pilot was to test the relevant technology with a view to extending it on a nationwide basis. Following the successful completion of the pilot project, the Garda Síochána prepared a business case for the extension of the system and this was submitted to me by the Garda Commissioner for consideration.

I have been informed by the Garda authorities that the Garda medical director, in conjunction with an independent engineering company, was tasked with formulating a report on the possible adverse effects on human health when using TETRA technology. Having sourced and examined numerous worldwide studies on the subject, the conclusion was that measured levels of exposure from TETRA base stations, hand portables and mobile units are well below the guidelines recommended by the International Commissioner on Non-Ionising Radiation Protection, ICNIRP. I have also been informed by the Garda authorities that there is no reason to believe that TETRA systems interfere with other properly installed broadcast or television systems.

Child Care Services.

John Gormley

Question:

1043 Mr. Gormley asked the Minister for Justice, Equality and Law Reform his plans to increase funding for the Lios na nÓg crèche in Ranelagh, Dublin. [21538/04]

As the Deputy may be aware, this community based group was approved a staffing grant of €88,461, over three years, in September 2000. The Deputy should note that support towards staffing costs under the equal opportunities child care programme 2000-2006 is only made available to those projects which can demonstrate they are providing child care in areas of significant disadvantage and are supporting parents to access employment, education or training.

Subsequently, this community group was awarded a capital grant of €64,420 in July 2002. In November 2003, the group was awarded staffing continuation funding of €30,000 to cover the period up to the end of 2004. At that point, the programme appraisal committee was advised that the level of funding recommended was sufficient to provide the service being offered by the group and the level of disadvantage in the area. There are no plans at present to review the level of funding being made available to this particular group until the end of the current year.

As a large number of projects are now beginning to come to the end of their original funding cycle, the priorities of the staffing measure of the programme are being re-examined in light of the available resources. Staffing grant assistance was intended to offer support for a limited number of years to community based child care projects which focus on disadvantage during the period when their services developed and as they moved towards sustainability. Proposals in respect of ongoing staffing supports to groups whose original funding or continuation funding elapses shortly are currently being developed in my Department. In this context, it is expected that only those groups which clearly provide child care services for families with significant levels of disadvantage and where the parents are in employment, education or training will receive ongoing staffing supports under the equal opportunities child care programme 2000-2006.

Mental Health Services.

Pat Rabbitte

Question:

1044 Mr. Rabbitte asked the Minister for Justice, Equality and Law Reform if services are provided under the aegis of his Department to persons with mental health difficulties; if for the purposes of any such services persons with mental health difficulties are regarded as children until the age of 16 and as adults thereafter; if he will ensure that the age of adulthood in all such ages is set at 18 years; and if he will make a statement on the matter. [21550/04]

No services, as such, are provided by the Courts Service. However, the courts do exercise wardship jurisdiction in respect of mentally incapacitated persons and of minors. Individuals who are mentally incapacitated and are brought into wardship before reaching the age of majority, namely, 18 years of age, are taken in as minors.

Prisoners with mental health problems have access to medical, nursing, psychiatric, and psychology services within the prison system. Where a prisoner develops a short term mental illness and happens to be located in a prison where the incidence of such problems is insufficient to justify the provision of dedicated services, arrangements may be made for temporary transfer of the prisoner concerned to an alternative prison location where care can be provided. Where in-patient treatment is indicated, prisoners may be transferred to the Central Mental Hospital, Dundrum.

As regards the provision of mental health services to people within prison, the priority is on seeking to ensure the availability of any service deemed necessary within the resource constraints applying. It is, of course, the principle to apply similar regulations and norms, in as much as these apply to this age category, as apply elsewhere in the general community.

Civil Debts.

Brian O'Shea

Question:

1045 Mr. O’Shea asked the Minister for Justice, Equality and Law Reform the proposals he has to reform the legal system to achieve a humane and workable approach to debt over-indebtedness and chronic over-indebtedness; and if he will make a statement on the matter. [21560/04]

I have indicated on a number of previous occasions in response to parliamentary questions, including Question No. 149 of 23 June 2004 from the Deputy, that the Government legislative programme does not contain proposals for the reform of the law regarding the non-payment of civil debt. The programme, announced on 28 September 2004 by the Government Chief Whip for the autumn session, is also absent of any such proposal. However, the area continues to be kept under review by my Department taking into account the work of the money advice and budgeting service.

Deportation Orders.

Seán Haughey

Question:

1046 Mr. Haughey asked the Minister for Justice, Equality and Law Reform the efforts he is making to deport illegal immigrants; the level of deportations for the past three years; and if he will make a statement on the matter. [21570/04]

Section 3(2) of the Immigration Act 1999, as amended, allows the Minister for Justice, Equality and Law Reform to make deportation orders in respect of nine categories of persons, including those refused refugee status and persons found residing illegally in the State. Since the commencement of the Immigration Act 1999 in November of that year, a total of 9,982 deportation orders have been made to date. Details for the past three years are as follows:

Year

Orders Made

Orders Enforced

2002

2,315

521

2003

2,036

590

2004 (up to 31/8/04)

2,001

390

Deportation orders are served on the individuals concerned at their last given address with a requirement on them to present themselves to the Garda national immigration bureau so that arrangements can be made for their removal from the State. Of the 9,982 persons who were notified of their deportation orders since November 1999, over 2,000 have been deported to date. The vast majority of the remainder failed to present themselves to the Garda national immigration bureau as required and are classified as evaders who are subject to arrest and detention for the purposes of ensuring their deportation. It is not known how many of these are still in the State. The Department of Social and Family Affairs is notified of all deportations effected and persons evading deportation orders so that their social welfare benefits may be suspended.

Refugee Status.

Seán Haughey

Question:

1047 Mr. Haughey asked the Minister for Justice, Equality and Law Reform the number of outstanding applications for refugee status; and if he will make a statement on the matter. [21571/04]

As at 31 August 2004 the number of outstanding applications for refugee status in the Office of the Refugee Applications Commissioner, ORAC, was 2,674. The number of outstanding appeals in the Refugee Appeals Tribunal, RAT, was 1,637. Only some 1,589 of these applications are over six months old, as compared with 6,500 at the end of September 2001.

I am pleased to inform the Deputy that processing is moving strongly in both the ORAC and RAT with the number of cases on hand in the ORAC at the end of August 2004 down by some 48% since September 2003. As regards the RAT, the number of cases on hand at the end of August 2004 has deceased by 43% since September 2003.

Illegal Immigrants.

Seán Haughey

Question:

1048 Mr. Haughey asked the Minister for Justice, Equality and Law Reform his estimate for the number of illegal immigrants in the State at present; and if he will make a statement on the matter. [21572/04]

An illegal immigrant is a person whose presence in the State is otherwise than in accordance with our immigration laws. Obviously the term covers persons who entered the State in breach of those laws — either covertly or using false documentation. However, it would also cover persons who entered lawfully but remain beyond the duration of the permission given, or who, although required to adhere to certain conditions — for example, prohibited from working — are in breach of those conditions.

It is never easy to quantify persons engaging in this type of illegal activity because, by definition, such persons are motivated to ensure either that they remain hidden or at least to ensure that the illegal aspect of their presence in the State remains hidden. Their physical presence in the State is characterised by the absence of a permission or by the misuse of a permission which has been granted — matters which do not lend themselves easily to objective statistical analysis. As a result very few modern democratic countries are able to produce reliable statistics on the numbers of illegal immigrants who are present within their territories.

Notwithstanding the foregoing, the level of enforcement related activity by the immigration authorities is higher than ever. For example, over 9,000 persons were refused entry to the State and returned to their countries of departure in 2002 and 2003. In addition to preventing such illegal immigration, we have increased the numbers of removals from the State of persons found to be illegally in the country — deporting over 1,000 persons and supervising approximately 1,200 voluntary departures in the same period. However, it is largely a matter of speculation to extrapolate from these figures the numbers that may have gone undetected. What can be said with certainty is that the figures reflect a greater than ever level of enforcement related activity by the immigration authorities.

Departmental Expenditure.

Seán Haughey

Question:

1049 Mr. Haughey asked the Minister for Justice, Equality and Law Reform the costs of deportations; and if he will make a statement on the matter. [21573/04]

The deportation costs provided below refer to the deportation of either illegal immigrants, persons refused refugee status in the State or persons whose applications for asylum have been transferred to another country under the Dublin Convention-Dublin II regulations. The vast majority of the removals involved persons who were refused refugee status in the State.

Set out below are the number of deportation orders effected since the commencement of the Immigration Act 1999 and the associated cost of flights for the deportees and their Garda escorts:

Year

No. of Deportation Orders Effected

Cost (Euros)

1999

6

27,349

2000

187

431,455

2001

365

1,169,574

2002

521

1,816,314

2003

590

1,569,782

2004

390 (up to 31/08/04)

1,338,295*

*Amount paid up to 31/08/04

The figures above do not include the cost of overtime or subsistence payments for Garda escorts but include the cost of ten charter flights since 2002 at a total cost of €1,099,482.

The deportation of illegal immigrants and refused asylum seekers is costly, particularly to distant countries such as Nigeria, China etc. In most cases, removals are carried out using commercial flights which usually involves transit through other European airports as Ireland does not have direct flights to most of the countries of return. In addition, most flights have to be booked at short notice very near the date of departure which involves higher costs than if booked well in advance.

In addition, in considering the costs of deportations, the continued presence in the State of persons who are the subject of deportation orders has to be taken into account. These costs include social welfare costs, direct provision costs and detention costs in certain cases. While it is important to keep deportation costs to a minimum, not to remove persons refused permission to remain in the State would call into question the integrity of the entire immigration system. This would leave this country open to further illegal immigration and even more expense to taxpayers.

Seán Haughey

Question:

1050 Mr. Haughey asked the Minister for Justice, Equality and Law Reform the costs of the refugee and asylum seeker process, including accommodation costs; and if he will make a statement on the matter. [21574/04]

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 to me indicates that 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 Government Departments and agencies.

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. A further €120 million has been provided for this purpose in my Department's Vote in 2004. The accommodation element of the latter figures accounted for some €77 million in 2003 and has been estimated at €69 million for the year ending December 2004.

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 any continued reduction in asylum applications can be expected to have an impact on the level of resources allocated to services for asylum seekers in the future, expenditure in this area will have to be maintained at an appropriate level so 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.

Child Care Services.

Seán Haughey

Question:

1051 Mr. Haughey asked the Minister for Justice, Equality and Law Reform the measures he is taking to reduce the costs of child care; and if he will make a statement on the matter. [21575/04]

The Deputy will be aware that there have been significant developments in respect of the provision of supports for the development of child care over the last number of years. Child care was identified as a priority area for investment in the National Development Plan 2000-2006. As a result of this, the equal opportunities child care programme 2000-06, EOCP, was launched by my Department in April 2000 in order to support the development of a range of child care facilities to enable parents to remain in or return to employment, education and training.

The current EOCP runs for seven years and aims to maintain and increase the number of child care facilities and places, improve the quality of child care services and introduce a co-ordinated approach to the delivery of child care services in order to meet the diverse child care needs of parents in employment, education or training. The total funding allocated to my Department for these purposes during the seven-year programme amounts to €449.3 million for a diverse but strategically focused range of measures including capital grants, staffing supports for community facilities in disadvantaged areas and projects designed to improve the quality of child care.

The total funding committed under the equal opportunities child care programme 2000-06, in the period up to the end of July 2004, is over €264 million. Over 2,199 grants have been awarded to date to child care providers and community groups which will, when fully drawn down, lead to the creation of 29,722 new child care places and will also support over 27,567 existing places. Much of the unallocated funding is already earmarked for second phases of existing projects, particularly as a contribution to the staffing costs of community based child care facilities, which offer services to disadvantaged families.

In the year 2000 there were about 56,000 centre based child care places in Ireland. When all the EOCP funding is drawn down, I expect that we will have created nearly 30,000 additional places, benefiting every county. It is anticipated that the extra child care places created by the programme will lead to greater choice in child care nationwide.

The Deputy will also be aware that child benefit supports made available by my colleague, the Minister for Social and Family Affairs, have been increased significantly in recent years to provide financial support to parents with regard to the care of their children.

Visa Applications.

Pat Carey

Question:

1052 Mr. Carey asked the Minister for Justice, Equality and Law Reform if it is possible to expedite the issuing of holiday visas into Ireland in view of the fact that the waiting period of six to eight weeks currently being experienced can be very inconvenient to tourists wishing to visit here; and if he will make a statement on the matter. [21578/04]

The visa section in the immigration and citizenship division of my Department is committed to providing a high quality service to its customers and is making every effort to process all visa applications in as timely a manner as possible. However, the section operates against a background of significant increases in the number of visa applications received and limited resources available to process them. As an indication of the unprecedented escalation in the numbers of applications for Irish visas in recent years, the number of applications determined by the visa officers increased from 12,201 in 1997 to 24,334 in 2000 and 47,666 in 2003 — an increase of 290% over the last six years.

In June 2002 my Department took the unprecedented step of seconding a number of visa officers to the Irish Embassies in Beijing and Moscow. A primary objective of this initiative was to enable the provision of a better and more timely customer service by making decisions locally rather than having large numbers of visa applications sent to Dublin for decision. Extra resources were also allocated to the visa section in the Department to cater for the increasing volume of visa applications and it is hoped to allocate more resources as these become available.

Asylum Support Services.

Phil Hogan

Question:

1053 Mr. Hogan asked the Minister for Justice, Equality and Law Reform if he will intervene in respect of the leasing of lands at Kilkenny and the provision of temporary accommodation for asylum seekers and refugees at Dublin Road, Kilkenny in view of the fact that there is considerable reduction in the demand for such accommodation at present and the costs that have accrued to date between his Department and the Dublin Road Action Group arising from potential legal proceedings in the High Court on 2 November 2004; and if he will make a statement on the matter. [21580/04]

The matters raised by the Deputy are the subject of judicial review proceedings initiated by local interests which are listed for hearing on 2 November next and, in the circumstances, it would be inappropriate for me to make any comment at this time. It is, of course, open to the applicants to withdraw the proceedings should they so wish.

Closed Circuit Television Systems.

Denis Naughten

Question:

1054 Mr. Naughten asked the Minister for Justice, Equality and Law Reform further to Parliamentary Question No. 141 of 25 March 2004, if he is in a position to furnish the information requested; and if he will make a statement on the matter. [21604/04]

The code of practice for the operation of the community based CCTV scheme has been drawn up by my Department in co-operation with the Office of the Data Protection Commissioner. Detailed technical specifications have been drawn up by the Garda Síochána and are currently under consideration by officials in my Department. I expect that both the code of practice and the technical specifications will be finalised by my Department in the coming weeks. At that stage, copies of same will issue to all communities and organisations who have expressed an interest in the community based CCTV scheme. Any applications subsequently received will be evaluated and processed in accordance with the conditions set out in the prospectus.

Official Engagements.

Denis Naughten

Question:

1055 Mr. Naughten asked the Minister for Justice, Equality and Law Reform further to Parliamentary Question No. 335 of 1 June 2004, if he will provide an update on the issue; and if he will make a statement on the matter. [21613/04]

Accompanied by officials of my Department, I met the group in question in July of this year and a range of issues was discussed, including a request that unmarried fathers be given a right of guardianship of their children, the recording of court proceedings, legal costs and the amendment of the in camera rule. More recently, the group submitted further recommendations. The in camera rule has been relaxed by way of provision in the Civil Liability and Courts Act 2004. Other recommendations made are being considered and those requiring legislative change will be looked at in the context of a family law Bill, which forms part of the Government's legislation programme.

Visa Applications.

Denis Naughten

Question:

1056 Mr. Naughten asked the Minister for Justice, Equality and Law Reform the reason persons (details supplied) were refused on appeal a holiday visa; and if he will make a statement on the matter. [21654/04]

I refer the Deputy to my reply to Parliamentary Question No. 112 of 1 July 2004. An appeal relating to both of the visa applications in question was received in my Department on 5 July 2004. The visa appeals officer having re-considered the applications afresh, including the additional documentation lodged, was not satisfied that the concerns of the visa officer had been fully addressed and upheld the original decision to refuse the applications. It is open to the applicants to make fresh applications with up to date supporting documentation and the matter will be considered anew.

Eamon Gilmore

Question:

1057 Mr. Gilmore asked the Minister for Justice, Equality and Law Reform the reason an application for a spouse visa has been refused to two persons (details supplied); if he will re-consider the application; and if he will make a statement on the matter. [21658/04]

The two visa applications in question were to enable the wives of two non-EEA nationals employed under the work permit scheme to reside with their husbands in the State. A worker employed under the work permit scheme may be joined by their spouse and minor children after the worker has been in the State for one year and has been offered a contract for a further year. The worker must also be able to fully support the family members in question without the need to have recourse to public funds. The applications in question were refused as the supporting documentation did not show that the workers in question were in a position to fully support their spouses.

An appeal was made against the decisions. The visa appeals officer, having re-examined the applications, upheld the original decisions. It is open to the applicants to make fresh applications and the matter will be considered anew. Any such applications should be supported with copies of the workers' P60 and current payslips.

Garda Deployment.

Finian McGrath

Question:

1058 Mr. F. McGrath asked the Minister for Justice, Equality and Law Reform if he will work closely with gardaí at Santry Garda station in dealing with an issue (details supplied) in Dublin 5; and if he will make a statement on the matter. [21660/04]

I am informed by the Garda authorities that the area in question is regularly patrolled by gardaí from Santry Garda station with a view to ensuring a concentrated visible Garda presence in the area. Additional supporting patrols are provided by divisional units and the detective branch. I understand that community police assigned to the area in question have an excellent rapport with the local community. I am further informed that the Garda authorities have received no specific complaint in respect of any specific threat to residents.

Current policing plans in the area are predicated on the prevention of crimes, including crimes of violence against persons and crimes against property and the maintenance of an environment conducive to improving the quality of life of the residents. This strategy will continue to be central to the delivery of an effective policing service to the areas in question.

Industrial Relations.

Denis Naughten

Question:

1059 Mr. Naughten asked the Minister for Justice, Equality and Law Reform if, further to Parliamentary Question No. 754 of 27 April 2004, he will provide an update on the current situation and future plans for the operation of Loughran House; and if he will make a statement on the matter. [21676/04]

Denis Naughten

Question:

1060 Mr. Naughten asked the Minister for Justice, Equality and Law Reform if he will provide an update on discussions with the Prison Officers Association; and if he will make a statement on the matter. [21677/04]

I propose to take Questions Nos. 1059 and 1060 together.

Negotiations with the Prison Officers Association are close to being concluded. A limited number of financial issues are the subject of a referral to arbitration which is due to take place shortly and I am hopeful of agreement being finalised in the near future. If there is a successful outcome to the current process I do not propose to proceed with any change of status for Loughran House.

Penalty Points System.

Denis Naughten

Question:

1061 Mr. Naughten asked the Minister for Justice, Equality and Law Reform if he will provide a commencement date for the complete roll-out of the computerised penalty points system; and if he will make a statement on the matter. [21678/04]

The live pilot of the Garda fixed charge processing system was implemented on target on 30 June last. Roll-out of the system on a nationwide basis will commence on successful completion of the pilot, the completion of some technical aspects of the project by the Garda Síochána and the putting in place of systems and procedures for the out-sourcing of the collection of payments. This latter aspect is planned to be completed within an eight to 12-week timeframe. Its commencement will also require the enactment of the Road Traffic Bill 2004 which is being progressed by the Minister for Transport. I assure the Deputy that every effort is being made to ensure that the system is rolled out nationwide as a matter of priority.

Deportation Orders.

Brendan Howlin

Question:

1062 Mr. Howlin asked the Minister for Justice, Equality and Law Reform if in respect of an application for permission to remain here, he will take account of the fact that a Romanian couple with an Irish-born child (details supplied) have established strong ties with County Wexford where both are undertaking FÁS courses; if he will delay the making of a deportation order to enable them to complete this training and to further consideration of their application to live and work here; and if he will make a statement on the matter. [21679/04]

The couple concerned arrived in the State and made an asylum application in April 2002. In June 2002 the wife gave birth. They withdrew their asylum applications and applied for residency on the basis of parentage of the Irish born child. Following the decision of the Supreme Court in the cases of L and O, the separate procedure which then existed to enable persons to apply to reside in the State on the sole basis of parentage of an Irish-born child ended on 19 February 2003. The Government decided that the separate procedure would not apply to cases which were outstanding on that date. There are a large number of such cases outstanding at present, including that to which the Deputy refers.

Since the persons in question do not have an alternative legal basis for remaining in this jurisdiction the issue of permission to remain will be considered but only in the context of a ministerial proposal to deport them. In that context, a notification of a proposal to make a deportation order issued to the persons in question on 13 August 2004 and they were given an opportunity to make representations in respect of it. If, in the light of representations received and the range of factors set out in section 3(6) of the Immigration Act 1999, the Minister decides not to make a deportation order they will be given leave to remain on a humanitarian basis. Due to the large number of such cases on hand, I am unable to say at this stage when the file will be examined.

Garda Recruitment.

Ned O'Keeffe

Question:

1063 Mr. N. O’Keeffe asked the Minister for Justice, Equality and Law Reform when the next Garda recruitment will commence. [21680/04]

In April 2000 the Government agreed, inter alia, to a system of delegated authority under which recruitment is carried out to maintain the strength of the Garda Síochána at an agreed level. Recruitment to the Garda Síochána is processed by the Civil Service Commission on behalf of the force. Recruitment competitions for entrance to the Garda Síochána are advertised in the national newspapers and on the Garda website, www.garda.ie. The Civil Service Commission is currently interviewing candidates from the 2003 competition for Garda trainees and I expect that the date will shortly be set for the next Garda recruitment campaign.

Registration of Title.

John Ellis

Question:

1064 Mr. Ellis asked the Minister for Justice, Equality and Law Reform if the Land Registry will expedite the section 49 application for a person (details supplied) in County Leitrim. [21693/04]

I am informed by the Registrar of Titles that this is an application under section 49 — that is, acquisition of title by virtue of long possession — of the Registration of Titles Act 1964, which was lodged on 21 January 2004. Dealing No. D2004CR000578U refers. I understand that due to their complicated nature, applications under section 49, which require detailed examination of claims for registration as owners can take some time to process. Accordingly, it is not possible to estimate a completion date at this stage. However, I can assure the Deputy that this application is receiving attention in the Land Registry.

Asylum Applications.

Bernard J. Durkan

Question:

1065 Mr. Durkan asked the Minister for Justice, Equality and Law Reform if a person (details supplied) in County Kildare will be granted compassionate leave to remain here; and if he will make a statement on the matter. [21706/04]

I am informed that the case referred to by the Deputy relates to a re-application for asylum. As the Deputy will be aware, under the Refugee Act 1996, two independent statutory offices were established to consider applications-appeals for refugee status and to make recommendations to the Minister for Justice, Equality and Law Reform on whether such status should be granted. These are the Office of the Refugee Applications Commissioner, which considers applications for a declaration as a refugee in the first instance, and the Refugee Appeals Tribunal, which considers applications for a declaration at appeal stage. A final decision will be made in this case upon receipt of the recommendation of the Refugee Applications Commissioner.

Garda Stations.

Fergus O'Dowd

Question:

1066 Mr. O’Dowd asked the Minister for Justice, Equality and Law Reform if the Garda Station at Dromad, County Louth, will be re-located in the same general area in view of the fact that it is to close to facilitate road improvements. [21708/04]

The building currently being used as a Garda station at Dromad is the subject of a compulsory purchase order in connection with the development of the new South-North motorway. Consequently, the Office of Public Works is actively pursuing the acquisition of alternative accommodation in the locality.

Refugee Status.

Finian McGrath

Question:

1067 Mr. F. McGrath asked the Minister for Justice, Equality and Law Reform if he will urgently review the refusal of persons (details supplied) under section 18 of the Refugee Act 1996 and to show compassion and understanding to their plight and grant visas; and if he will make a statement on the matter. [21715/04]

The application for family reunification by the refugee concerned was refused in June 2004. An appeal against this decision was subsequently lodged. Further documentation has been requested from the applicant and a decision on the appeal will be taken on receipt of this documentation.

Asylum Applications.

John McGuinness

Question:

1068 Mr. McGuinness asked the Minister for Justice, Equality and Law Reform if a decision in the case of a person (details supplied) in County Kilkenny will be expedited; if this person’s role in the various support groups and organisations such as Integrating Ireland will be considered; and if a positive response will be given. [21744/04]

The person concerned, a Nigerian national, arrived in the State on 9 November 2001 and applied for asylum. His claim for refugee status was refused on 6 June 2002. The applicant then appealed this decision and his appeal was refused on 30 September 2002 and the original recommendation upheld.

In accordance with section 3 of the Immigration Act 1999, the person concerned was informed on 26 November 2002 that I proposed to make a deportation order in respect of him. He was, in accordance with the Act, given the following options: making representations within 15 working days setting out the reasons why he should not be deported and be allowed to remain temporarily in the State; leaving the State before the order was made; or consenting to the making of the deportation order. Representations setting out the reasons why he should not be deported were received.

I expect the case file in this matter to be submitted to me shortly for decision, after consideration of a number of factors which are specified in section 3(6) of the Immigration Act 1999, as amended. These factors include considerations relating to the common good, the person's individual family and domestic circumstances and humanitarian consideration. Consideration will also be given to the prohibition on refoulement, which is contained in section 5 of the Refugee Act 1996, as amended. The person concerned will be notified of my decision as soon as possible.

Closed Circuit Television Systems.

John McGuinness

Question:

1069 Mr. McGuinness asked the Minister for Justice, Equality and Law Reform when a closed circuit television system will be installed in Kilkenny city; if the Garda is responsible for providing the systems, the amount of funding it has been allocated towards the project; if there is a priority list; if a contractor has been appointed; if a timeframe has been established; his views on the fact that, in view of the importance of this type of technology in the fight against crime, it is not being rolled out in urban centres with greater speed; and if he will make a statement on the matter. [21745/04]

As the Deputy is aware, 17 locations throughout the country, including Kilkenny, are set to receive town centre CCTV systems. This expansion is being implemented on a phased basis as follows:

Location

Phase 1

Bray, Dundalk, Dún Laoghaire, Finglas, Galway and Limerick

Phase 2

Athlone, Clondalkin, Tallaght and Waterford

Phase 3

Ballyfermot, Carlow, Castlebar, Clonmel, Ennis, Kilkenny and Sligo

Installation of the CCTV systems is of necessity a detailed, complex and lengthy process. The installation of the systems in Bray, Dundalk, Dún Laoghaire and Limerick has been completed and these systems are now fully operational.

The second phase of Garda CCTV systems will be installed in Athlone, Clondalkin, Tallaght and Waterford. The Garda authorities have given careful consideration to a restructuring of the manner in which these Garda CCTV systems go to tender with a view to delivering the implementation of these CCTV systems in a faster, more efficient and cost effective manner. Significant progress has been made in this regard and I am advised that the pre-tender process to engage the appropriate services to commence the implementation of the proposed second phase of CCTV systems is almost complete. This tender competition will be advertised on the Government website, www.etenders.ie, and the Official Journal of the European Communities, OJEC.

I am informed by the Garda authorities that planning for the installation of the CCTV systems in phase 3, including Kilkenny, is scheduled to commence later this year. This planning process includes, but is not confined to: identifying the proposed camera locations which are based on the policing requirement for each area; and identifying the structural and electrical works which will be required at the Garda station where the cameras will be monitored.

In addition, consideration will also be given to the experience gained in the new approach to be adopted for the implementation of phase 2 of the programme with a view to delivering the implementation of the Kilkenny CCTV system in a faster, more efficient and cost effective manner. Until the planning for the CCTV system has been completed it is not possible to ascertain how much the system in Kilkenny will cost. However, it has been the experience of the Garda authorities that the cost of an efficient and effective CCTV system is, on average, €25,000 to €30,000 per camera excluding associated civil works.

Refugee Status.

John McGuinness

Question:

1070 Mr. McGuinness asked the Minister for Justice, Equality and Law Reform when a decision will be made in the case of a person (details supplied) in County Kilkenny; and if a decision in the case will be expedited. [21746/04]

As the Deputy will be aware, under the Refugee Act, 1996, two independent statutory offices were established to consider applications/appeals for refugee status and to make recommendations to the Minister for Justice, Equality and Law Reform on whether such status should be granted. These two offices are the Office of the Refugee Applications Commissioner, which considers applications for a declaration as a refugee at first instance, and the Refugee Appeals Tribunal, which considers applications for a declaration at appeal stage. I understand that the Refugee Appeals Tribunal has recently forwarded the file in this case to my Department and a final decision will issue as soon as possible.

Departmental Records.

Denis Naughten

Question:

1071 Mr. Naughten asked the Minister for Justice, Equality and Law Reform the action taken to date and the future action planned by his Department to relocate the missing State files on the death of a person (details supplied). [21776/04]

There are no files missing in my Department in relation to the death of the person in question, nor is there any basis for the contention that any such files were ever missing.

Departmental Correspondence.

Denis Naughten

Question:

1072 Mr. Naughten asked the Minister for Justice, Equality and Law Reform if he will furnish a reply to correspondence (details supplied); and if he will make a statement on the matter. [21785/04]

Denis Naughten

Question:

1073 Mr. Naughten asked the Minister for Justice, Equality and Law Reform if he will establish a commission to investigate the murder of a person (details supplied); and if he will make a statement on the matter. [21786/04]

I propose to take Questions Nos. 1072 and 1073 together.

A comprehensive review of Departmental papers in this case has recently been completed. On the basis of this review, I intend to issue in the near future a reply to the correspondence, which will deal with all the issues of concern.

Fergus O'Dowd

Question:

1074 Mr. O’Dowd asked the Minister for Justice, Equality and Law Reform if more gardaí will be allocated to County Louth, particularly to the towns of Drogheda, Dundalk and Ardee in view of the significant increase in population. [21804/04]

I have been informed by the Garda authorities, which are responsible for the detailed allocation of resources, including personnel, that County Louth is policed by Louth/Meath division. Garda divisional boundaries do not correlate to county boundaries.

I have been further informed by the Garda authorities that the personnel strength at all ranks of the Louth-Meath division and Drogheda, Dundalk and Ardee Garda stations as at the 31 December 1997 and currently is as follows

31/12/97

21/09/04

Louth-Meath

498

539

Drogheda

82

87

Dundalk

90

100

Ardee

9

9

The above figures include an additional ten gardaí allocated to the Louth/Meath division in conjunction with the allocation of newly attested probationer gardaí on the 15 September 2004.

Residency Permits.

Bernard J. Durkan

Question:

1075 Mr. Durkan asked the Minister for Justice, Equality and Law Reform the reason a person (details supplied) in County Cavan has not had a reply to a request for extension of their stay here in view of the fact that this person has achieved the necessary standards; and if he will make a statement on the matter. [21810/04]

The immigration division of my Department has recently been in correspondence with the person concerned requesting documentation in support of his application for residency. On receipt of this documentation a decision will be made on the case.

Visa Applications.

Michael Noonan

Question:

1076 Mr. Noonan asked the Minister for Justice, Equality and Law Reform when a decision will be made on an application for a visa by a person (details supplied) in Dublin 7; and if he will make a statement on the matter. [21812/04]

My Department is unable to identify the visa application to which the Deputy refers from the details supplied.

Proposed Legislation.

Róisín Shortall

Question:

1077 Ms Shortall asked the Minister for Justice, Equality and Law Reform when the sections of the Maternity Protection (Amendment) Act 2004 relating to paid parental leave for the purposes of ante-natal classes will be brought into effect; and if he will make a statement on the matter. [21816/04]

Regulations under the Maternity Protection (Amendment) Act 2004 are being finalised to provide for detailed arrangements regarding the new entitlements to: time off from work, without loss of pay, for the purpose of attending ante-natal classes; breaks from work or a reduction of working hours, without loss of pay, for the purpose of breastfeeding; postponement of the period of maternity leave in the event of hospitalisation of the child.

The Maternity Protection (Amendment) Act 2004 will be commenced in its entirety in the coming weeks as soon as the regulations are finalised.

Question No. 1078 answered with QuestionNo. 1042.

Legislative Programme.

John Gormley

Question:

1079 Mr. Gormley asked the Minister for Justice, Equality and Law Reform the amount of legislation that has been drafted outside the Office of the Attorney General by solicitors since the general election of 2002; the cost to date of the outsourcing of the drafting of legislation; if legislation has had to be corrected subsequently in many cases; the Bills which are currently being drafted by firms of solicitors; the legislation he intends to outsource this term; and if he will make a statement on the matter. [21832/04]

My Department has not sought to have legislation drafted by solicitors outside of the Office of the Attorney General and has no plans to do so at this time.

Visa Applications.

John Gormley

Question:

1080 Mr. Gormley asked the Minister for Justice, Equality and Law Reform the reason for the refusal of visas (details supplied); and if he will make a statement on the matter. [21839/04]

The persons in question made visa applications in January 2004 for the purpose of coming to Ireland for a period of three weeks. 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 visa. The applications were not supported by any documentary evidence of how the applicants intended to maintain themselves during their proposed visit. It was also noted that no documentation indicated the legal status of the reference in the State.

It is open to the applicants to appeal against the refusal by writing to the visa appeals officer in my Department. Any such appeal should be accompanied by a full copy of the relative's passport along with a full copy of the applicant's passports.

Refugee Status.

Pat Breen

Question:

1081 Mr. P. Breen asked the Minister for Justice, Equality and Law Reform if a person (details supplied) in County Clare can remain here on humanitarian grounds; and if he will make a statement on the matter. [21843/04]

The person in question arrived in the State on 15 August 2002 and claimed asylum. The Office of the Refugee Applications Commissioner recommended that he should not be declared as a refugee and he was notified of this recommendation on 23 October 2003. He then appealed this recommendation to the Refugee Appeals Tribunal. Following an oral hearing, the original recommendation was affirmed and he was informed of this decision on 29 April 2004.

In accordance with section 3 of the Immigration Act 1999, as amended, the person concerned was informed on 26 August 2004 that it was proposed to make a deportation order in his case. He was given the options of making representations within 15 working days setting out the reasons as to why he should not be deported; leaving the State voluntarily before an order was made; or consenting to the making of a deportation order. On 17 September 2004 representations were received on behalf of the person concerned.

This person's case file must now be considered taking account of section 3(6) of the Immigration Act 1999, as amended, and section 5 of the Refugee Act 1996 concerning prohibition of refoulement. The file will be submitted to me for decision in due course and the person concerned will then be informed of the outcome.

Closed Circuit Television Systems.

Pat Breen

Question:

1082 Mr. P. Breen asked the Minister for Justice, Equality and Law Reform further to Parliamentary Question No. 452 of 3 February 2004, the status of closed circuit television for Ennis, County Clare; and if he will make a statement on the matter. [21845/04]

As the Deputy is aware, 17 locations throughout the country, including Ennis, are set to receive town centre CCTV systems. This expansion is being implemented on a phased basis as follows:

Location

Phase 1

Bray, Dundalk, Dún Laoghaire, Finglas, Galway and Limerick

Phase 2

Athlone, Clondalkin, Tallaght and Waterford

Phase 3

Ballyfermot, Carlow, Castlebar, Clonmel, Ennis, Kilkenny and Sligo

Installation of the CCTV systems is of necessity a detailed, complex and lengthy process. The installation of the systems in Bray, Dundalk, Dún Laoghaire and Limerick has been completed and these systems are now fully operational. The second phase of Garda CCTV systems will be installed in Athlone, Clondalkin, Tallaght and Waterford. The Garda authorities have given careful consideration to a restructuring of the manner in which these Garda CCTV systems go to tender with a view to delivering the implementation of these CCTV systems in a faster, more efficient and cost effective manner. Significant progress has been made in this regard. The pre-tender process to engage the appropriate services to commence the implementation of the proposed second phase of CCTV systems is almost complete. This tender competition will be advertised on the Government website www.etenders.ie and the Official Journal of the European Communities, OJEC.

I am informed by the Garda authorities that planning for the installation of the CCTV systems in phase 3, including Ennis, is scheduled to commence later this year. This planning process includes, but is not confined to identifying the proposed camera locations, which are based on the policing requirement for each area; and identifying the structural and electrical works which will be required at the Garda station where the cameras will be monitored.

In addition, consideration will also be given to the experience gained in the new approach to be adopted for the implementation of phase 2 of the programme with a view to delivering the implementation of the Ennis CCTV system in a faster, more efficient and cost effective manner.

Residency Permits.

Pat Breen

Question:

1083 Mr. P. Breen asked the Minister for Justice, Equality and Law Reform the procedure a person (details supplied) in County Clare must follow in order to make a new application for permanent residency which includes permission to work here; and if he will make a statement on the matter. [21847/04]

The Immigration Division of my Department has recently been in correspondence with the person concerned, informing her of the procedures to be followed if she wishes to reside and work in the State.

Pat Breen

Question:

1084 Mr. P. Breen asked the Minister for Justice, Equality and Law Reform when a person (details supplied) in County Clare will receive her stamped passport from his Department; and if he will make a statement on the matter. [21848/04]

The person in question was granted permission to reside in the State on 31 July 2003 based on her marriage to an Irish national. On the 5 July 2004 a letter was received requesting renewal of the permission to remain. However, there has been a major change in circumstances, which requires consideration. It has been decided to grant a renewal of the permission to remain for a further period pending consideration of all the circumstances peculiar to this case. The person in question will receive notification of this shortly.

Pat Breen

Question:

1085 Mr. P. Breen asked the Minister for Justice, Equality and Law Reform if he will reconsider his decision regarding an application for residency for a person (details supplied) in County Clare; and if he will make a statement on the matter. [21853/04]

The person in question, along with her husband, arrived in the State and made an asylum application in July 2001. In December 2001 she gave birth. Both withdrew their asylum applications and applied for residency in the State on the basis of parentage of that Irish-born child.

Following the decision of the Supreme Court in the cases of L and O, the separate procedure which then existed to enable persons to apply to reside in the State on the sole basis of parentage of an Irish born child ended on 19 February 2003. The Government decided that the separate procedure would not apply to cases, which were outstanding on that date. The case to which the Deputy refers was one of the large number of such cases outstanding at that time.

The person in question, along with her husband, re-applied for asylum on 1 September 2003. Since this gave them an alternative legal basis for remaining in this jurisdiction the application for residency based on parentage of an Irish-born child was simply returned on 20 July 2004. The issue of permission to remain can be considered, but only in the context of a ministerial proposal to deport her in the event that her asylum application is refused. If, in the light of representations received and the range of factors set out in section 3(6) of the Immigration Act 1999, I decide not to make a deportation order she will be given leave to remain on a humanitarian basis.

Garda Deployment.

Charlie O'Connor

Question:

1086 Mr. O’Connor asked the Minister for Justice, Equality and Law Reform if he will provide additional resources to the Garda Síochána in Tallaght to allow them to deal with crime and drugs-related crime in the general Jobstown area; if the Garda will pay attention to the issue; and if he will make a statement on the matter. [21930/04]

I have been informed by the Garda authorities that the personnel strength of Tallaght Garda station as at 21 September 2004 was 171 across all ranks. The personnel strength of Tallaght Garda station as at 1 January 1998 was 133 across all ranks. This represents an increase of 38, or 29%, in the number of personnel allocated to Tallaght Garda station since the 1 January 1998.

I am further informed by the Garda authorities that one Garda sergeant and four Garda juvenile liaison officers are working with children who offend in the Tallaght area. Three Garda youth diversion projects operate in the Tallaght district, two of which operate in the general Jobstown area, the KEY, key to engaging youth, which encompasses both the Killinarden and Fettercairn projects and the JAY, Jobstown action for youth, project in Jobstown.

In addition an active local drugs task force endeavours to co-ordinate the efforts of the Garda, the various other agencies and the community in the ongoing fight against drugs. The Jobstown area receives regular attention from all the units attached to Tallaght. Two dedicated community gardaí are allocated to patrol this area.

The situation will be kept under review and when additional personnel next become available the needs of the Tallaght area will be fully considered within the overall context of the needs of Garda stations throughout the country.

Prison Accommodation.

Jim O'Keeffe

Question:

1087 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform the plans to reopen the prison on Spike Island; the prospective timetable for same; and if he will make a statement on the matter. [21939/04]

Jim O'Keeffe

Question:

1088 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform the position regarding negotiations with the Prison Officers’ Association over overtime and allowances; and if he will make a statement on the matter. [21940/04]

I propose to take Questions Nos. 1087 and 1088 together.

Negotiations with the Prison Officers' Association are close to being concluded. A limited number of financial issues form the subject of a referral to arbitration which is due to take place shortly and I am hopeful of agreement being finalised in the near future. A decision on the future of Fort Mitchel will have regard to the outcome of the current process.

Public Order Offences.

Pat Carey

Question:

1089 Mr. Carey asked the Minister for Justice, Equality and Law Reform the initiatives which have been taken by the Garda authorities at Ballymun Garda station to counteract public order and anti-social activities in the area; and if he will make a statement on the matter. [21941/04]

I am informed by the Garda authorities that a number of initiatives are in place to counteract public order offending and anti-social activities in the Ballymun area. The area receives regular patrolling by uniformed car and van units with a view to ensuring a concentrated and visible Garda presence in the area. A community police unit is assigned to the area. Patrols are backed up by foot patrols and mountain bike patrols in addition to the divisional crime task force, divisional traffic unit and detective units. I am also informed that ongoing liaison takes place between the community police unit and residents of Ballymun to assist and resolve residents complaints as they arise.

I am informed by the Garda authorities that two juvenile liaison officers work full time with children who offend in the Ballymun area. In addition an active local drugs task force co-ordinates the effort of the Garda, the various other agencies and the community in the ongoing fight against drugs.

I am assured that local Garda management is satisfied that adequate resources exist to meet the policing needs of the area. The current personnel strength at Ballymun Garda station across all ranks is 66. The situation will be kept under review and when additional personnel next become available the needs of Ballymun will be fully considered within the overall context of the needs of Garda stations throughout the country.

The current policing strategies for the area are predicated on the policy of reducing and preventing incidents of public order offending, the prevention of crimes of violence against persons and property and the maintenance of an environment where the quality of life of the residents can be assured and consolidated. These strategies are and will continue to be the core value in policing plans for the area for the future.

Pat Carey

Question:

1090 Mr. Carey asked the Minister for Justice, Equality and Law Reform the initiatives which have been taken by the Garda authorities at Finglas Garda station to counteract public order and anti-social activities in the area; and if he will make a statement on the matter. [21942/04]

I am informed by the Garda authorities that there are a number of initiatives in place to counteract public order offending and anti social activities in the Finglas area. The area receives regular patrolling by uniformed car and van units with a view to ensuring a concentrated and visible Garda presence in the area. A community police unit is assigned to the area. Patrols are backed up by foot patrols and mountain bike patrols in addition to the divisional crime task force, divisional traffic unit and detective units.

I am also informed that the Garda, in association with neighbourhood watch groups, resident associations and Dublin City Council, co-ordinates and designs initiatives to target high incident areas. I understand one juvenile liaison officer works full time with children who offend in the Finglas area. In addition an active local drugs task force co-ordinates the efforts of the Garda, the various other agencies and the community in the ongoing fight against drugs.

There is also one Garda youth diversion project in the area, the FAN, Finglas Action Now, project. This project is a community-based, multi-agency crime prevention initiative which seeks to divert young persons from becoming involved — or further involved — in anti-social and/or criminal behaviour by providing suitable activities to facilitate personal development, promote civic responsibility and improve long-term employability prospects. By doing so, the project also contributes to improving the quality of life within communities and enhancing Garda community relations.

I am assured that local Garda management is satisfied that adequate resources exist to meet the policing needs of the area. The current personnel strength at Finglas Garda station across all ranks is 73. The situation will be kept under review and when additional personnel next become available the needs of Finglas will be fully considered within the overall context of the needs of Garda stations throughout the country.

Garda Stations.

Pat Carey

Question:

1091 Mr. Carey asked the Minister for Justice, Equality and Law Reform if a site has been identified for the new Finglas Garda station; and when construction will begin. [21944/04]

I have been informed by the Office of Public Works, which has responsibility in the matter, that it is considering a number of sites within the Finglas area for the purpose of providing a new Garda station. Until this process is complete, it is not possible to say when construction of the proposed new station will commence. However, there will be no avoidable delay and the project will be progressed thereafter as quickly as the availability of financial and other resources permit.

Registration of Title.

Cecilia Keaveney

Question:

1092 Cecilia Keaveney asked the Minister for Justice, Equality and Law Reform the position regarding a Land Registry application by persons (details supplied) in County Donegal; and if he will make a statement on the matter. [21947/04]

I am informed by the Registrar of Titles that this is an application for first registration, which was lodged on 16 May 2001. Dealing No. D2001WS003637W refers. I am further informed that this application was completed on 19 May 2004.

Cecilia Keaveney

Question:

1093 Cecilia Keaveney asked the Minister for Justice, Equality and Law Reform the position regarding a Land Registry application for a person (details supplied) in County Donegal; and if he will make a statement on the matter. [21948/04]

I am informed by the Registrar of Titles that this is an application under section 49, acquisition of title by virtue of long possession, under the Registration of Title Act 1964, which was lodged on 3 March 2004. Dealing No. D2004WS002605V refers. I understand that due to their complicated nature, applications under Section 49, which require detailed examination of claims for registration as owners, can take some time to process. Accordingly, it is not possible to estimate a completion date at this stage. I am further informed that the application is receiving attention in the Land Registry and will be completed as soon as possible.

Prison Accommodation.

Simon Coveney

Question:

1094 Mr. Coveney asked the Minister for Justice, Equality and Law Reform his proposals to rebuild the prison on Spike Island and close Cork prison; and his views on comments on his proposals to relocate the inmates and prison personnel on Spike Island. [21951/04]

Officials from the Irish Prison Service have held a series of meetings with the Office of Public Works and professional advisers on the possible construction of a new prison complex on Spike Island to replace the existing Cork and Fort Mitchel prisons and to build a new bridge to connect the island to the mainland. My officials are continuing work on this project in conjunction with the Office of Public Works.

The aim of such facilities would be to address the overcrowding difficulties that arise from time to time and they would in addition offer significant improvements in the areas of work training, education and medical services as well as providing predominantly single cell accommodation with proper in-cell sanitation facilities.

Grant Payments.

Gay Mitchell

Question:

1095 Mr. G. Mitchell asked the Minister for Justice, Equality and Law Reform if he will grant an application for funding by persons (details supplied) in Dublin 10; and if he will make a statement on the matter. [21976/04]

I understand that a capital grant application for €1.1 million for the child care element of a much larger project was submitted to my Department some time ago. The Equal Opportunities Childcare Programme 2000-2006 is a seven-year development programme which aims to increase the availability and quality of child care to support parents in employment, education and training. The progress of the programme was commented upon very favourably by the mid-term evaluators of both the regional operational programmes and the National Development Plan 2000-2006 and following the mid-term review additional funding of approximately €12 million was made available for the child care measures. This brings the total funding available for the programme to €449.3 million.

Considerable demand has come from community based groups for capital grant assistance under the programme and every county has benefited significantly from grants to provide new and enhanced community based child care facilities and indeed to support capital developments in the private child care sector. ADM, on behalf of my Department, is currently carrying out an extensive review of the programme's capital commitments to date, numbering more than 1,100 and at a value of €114 million, to ensure that all the grant commitments previously entered into will be realised.

Projects may be awaiting planning permission or the completion of tender processes before reasonable assurance can be taken that they will proceed and, if they do not, the funding set aside can be decommitted and made available to another project. Expenditure under the programme covers the period to the end of 2007 and must take place in a planned manner as must grant approvals to ensure that the programme can meet its financial commitments at all times.

In addition, my Department has recently reviewed the different budget lines under the EOCP including the capital programme to ensure the most effective use of all remaining funding in accordance with the programme's objectives and this has brought to €157 million the total allocation for the capital development of child care under the present programme. At the same time, an extensive review of child care provision on the ground has taken place to identify obvious service gaps, the filling of which will be a priority using the remaining capital funding which currently exceeds €30 million, of which approximately €25 million is earmarked for community-based not for profit child care groups which provide services for young children to support their parents who may be in employment, education and training.

I intend to allocate the remaining capital funding under this strand of the Government's commitment to child care to address the most immediate service gaps. As a result, all the projects in the pipeline on 30 April 2004 have been reviewed again by ADM Limited on the basis of geographical need, the range of services being offered, value for money and the capacity of the groups to complete a project before the end of the programme in 2007. Those projects which best meet the criteria will receive priority funding from the capital funding which remains unallocated at this point.

I have made enquiries and I understand that the application for capital grant assistance in respect of this project has been reviewed as part of the review process to which I have just referred. I understand that the recommendations on the allocation of the remaining funding are currently in preparation. If a project is recommended for funding as part of this process, its recommendation will be conditional upon its being able to establish that it can be completed within a fixed budget and a tight time frame. If a project is not recommended for priority funding at this time, it will be considered again should additional capital resources come available. The allocation of any additional funding which might come available to me will also be allocated on the basis of local need, levels of service being offered and value for money.

I do not doubt but that the success of the present strand of the programme and the need to continue to make child care available to support the child care needs of our still growing work force will support my case for ongoing capital and current funding from Government for this key sector. Should any additional funding become available before the end of the present national development plan, I would expect that the programme would again benefit from transfers. In the interim, it would be premature of me to comment further on this capital grant application.

Residency Permits.

Michael Noonan

Question:

1096 Mr. Noonan asked the Minister for Justice, Equality and Law Reform when a decision will be made on an application for residency by persons (details supplied) in County Limerick; if these persons may continue to live here pending the decision; and if he will make a statement on the matter. [21986/04]

Both persons referred to by the Deputy entered the State on 19 December 2002 and applied for refugee status. The couple were interviewed by the Office of the Refugee Applications Commissioner on 27 March 2003. Following consideration of their cases by the Office of the Refugee Applications Commissioner they were refused refugee status in the State and were notified separately by letters dated 30 April 2003 and 13 May 2003. They subsequently appealed these recommendations to the Refugee Appeals Tribunal. Following an oral hearing on 1 July 2003 their appeals were rejected and the original recommendations affirmed. They were informed of the Refugee Appeals Tribunal decision on 18 July 2003.

In accordance with section 3 of the Immigration Act 1999, as amended, the persons concerned were informed on 9 September 2003 that it was proposed to make deportation orders in respect of them and they were given the following options: to make written representations within 15 working days to the Minister for Justice, Equality and Law Reform setting out reasons as to why they should not be deported, to voluntarily leave the State or to consent to deportation. An application for leave to remain in the State was received from their legal representatives on 30 September 2003.

A child was born to this couple on 8 January 2003 and they applied for residency in the State based on their parentage of an Irish-born child. Following the decision on 23 January 2003 of the Supreme Court in the cases of L and O, the separate procedure which then existed to enable persons to apply to reside in the State on the sole basis of parentage of an Irish-born child ended on 19 February 2003. The Government decided that the separate procedure would not apply to cases, which were outstanding on that date.

Since the persons in question do not have an alternative legal basis for remaining in the State, the issue of permission to remain will be considered only in the context of the ministerial proposal to deport them. If, in the light of representations received and the range of factors set out in section 3(6) of the Immigration Act 1999, as amended, I decide not to make deportation orders, they will be granted temporary leave to remain in the State. The file will be submitted for a decision shortly and the persons concerned will then be informed in due course of the outcome.

Registration of Title.

Michael Ring

Question:

1097 Mr. Ring asked the Minister for Justice, Equality and Law Reform if the Land Registry will expedite an application for a person (details supplied) in County Mayo. [22001/04]

I am informed by the Registrar of Titles that this is an application for transfer of part, which was lodged on 4 July 2001. Dealing No. D2001SM04908U refers. I am further informed that this application is receiving attention and will be completed as soon as possible.

Michael Ring

Question:

1098 Mr. Ring asked the Minister for Justice, Equality and Law Reform if the Land Registry will expedite a transfer application for a person (details supplied) in County Mayo. [22002/04]

I am informed by the Registrar of Titles that this is an application for transfer of part and releases, which was lodged on 17 December 2003. Dealing No. D2003SM010606P refers. I am further informed that this application is receiving attention and will be completed as soon as possible.

Michael Ring

Question:

1099 Mr. Ring asked the Minister for Justice, Equality and Law Reform if the Land Registry will expedite a registration application for persons (details supplied) in County Mayo. [22003/04]

I am informed by the Registrar of Titles that this is a transfer application, which was lodged on 6 February 2003. Application No. D2003SM01127A refers. I am further informed that this application was completed on 28 September 2004.

Garda Recruitment.

Michael Ring

Question:

1100 Mr. Ring asked the Minister for Justice, Equality and Law Reform his plans to amend the age requirements for persons wishing to apply to join the Garda Síochána; and if he will make a statement on the matter. [22004/04]

The Garda Síochána (Admissions and Appointments) Regulations 1988, as amended, govern entry to the Garda Síochána and provide that applicants generally must be at least 18 and under 26 years on the first day of the month that the competition is advertised. The regulations provide for some extension to the upper age limit for applicants with certain specified service in the Defence Forces.

The Equality Act 2004 brought new equality provisions into effect in line with EU directives on equality including, inter alia, Council Directive 2000/78/EC establishing a general framework for equal treatment in employment. The Act amends section 37 of the 1998 Act to the effect that the age exemption can continue to apply to recruitment to the Garda Síochána to the extent that the operational capacity of the force would otherwise be adversely affected. The implications of this for the current rules on admission to the Garda Síochána are currently under consideration.

Departmental Staff.

John Perry

Question:

1101 Mr. Perry asked the Minister for Justice, Equality and Law Reform if he will clarify the apparent contradiction in his previous reply in which he stated that staff of the ORAC known as presenting officers represent the Refugee Applications Commissioner at appeal hearings and occupy a wing of the building in Hanover Street in which those staff reside; do not have access to any RAT accommodation other than rooms in which appeal hearings are held; and if he will make a statement on the matter. [22059/04]

John Perry

Question:

1108 Mr. Perry asked the Minister for Justice, Equality and Law Reform if there is an accommodation crisis at the main permanent offices of the Refugee Applications Commissioner situated at 79-83 Lower Mount Street, Dublin 2 that necessitates 36 staff from that office to work on an ongoing basis at the offices of the Refugee Appeals Tribunal at 6/7 Hanover Street, Dublin 1; and if he will make a statement on the matter. [22136/04]

John Perry

Question:

1109 Mr. Perry asked the Minister for Justice, Equality and Law Reform the number of the 36 staff from the Office of the Refugee Applications Commissioner, based at the Office of the Refugee Appeals Tribunal at 6/7 Hanover Street, Dublin 1, that are presenting officers and are directly involved at oral hearings of the Refugee Appeals Tribunal; and if he will make a statement on the matter. [22137/04]

John Perry

Question:

1110 Mr. Perry asked the Minister for Justice, Equality and Law Reform if there is an accommodation crisis at the offices of the Refugee Applications Commissioner at 79-83 Lower Mount Street, Dublin 2 and it is necessary to accommodate 36 staff from that office at the offices of the Refugee Appeals Tribunal; his views on whether it is much more appropriate in the interests of impartiality and justice that those staff be staff other than those directly involved in appeal hearings at the office of the Refugee Appeals Tribunal; and if he will make a statement on the matter. [22138/04]

I propose to take Questions Nos. 1101 and 1108 to 1110, inclusive, together.

The accommodation space occupied by presenting officers from the Office of the Refugee Applications Commissioner, ORAC, in 6/7 Hanover Street, Dublin 1 is clearly set out in my reply to Parliamentary Questions Nos. 362 to 366, inclusive, of 25 May 2004.

It is solely a matter for the independent statutory agencies involved in the refugee determination process namely, the ORAC and the RAT, to determine how they organise their accommodation arrangements. I am informed that 31 staff from the Office of the Refugee Applications Commissioner work in the presenting unit in Hanover Street, 25 of whom are presenting officers.

Decentralisation Programme.

John Perry

Question:

1102 Mr. Perry asked the Minister for Justice, Equality and Law Reform if he envisages, in the proposed decentralisation of the Offices of the Refugee Appeals Tribunal and the Offices of the Refugee Applications Commissioner to Tipperary town, or the partial decentralisation of both such bodies to the same location that both of them will also be accommodated in the same building; and if he will make a statement on the matter. [22060/04]

John Perry

Question:

1103 Mr. Perry asked the Minister for Justice, Equality and Law Reform when it is envisaged that the Offices of the Refugee Applications Commissioner and Offices of the Refugee Appeals Tribunal, will be wholly or partially decentralised to Tipperary town; and if he will make a statement on the matter. [22061/04]

I propose to take questions 1102 and 1103 together.

As announced by my colleague the Minister for Finance on 3 December 2003, the Office of the Refugee Appeals Tribunal and the Office of the Refugee Applications Commissioner will be partially decentralised to Tipperary town together with other staff dealing with asylum application matters. It is envisaged that the decentralisation will not take place before the summer of 2006.

Under the decentralisation implementation plans published by the Office of the Refugee Appeals Tribunal and the Office of the Refugee Applications Commissioner it is proposed that both bodies should be accommodated in the same building in Tipperary town with a separate entrance for each body. The Office of Public Works has been made aware of these requirements.

Question No. 1104 answered with QuestionNo. 1037.

Registration Of Title.

John Perry

Question:

1105 Mr. Perry asked the Minister for Justice, Equality and Law Reform the position regarding an application for registration at the Land Registry Office (details supplied); if it will be expedited; and if he will make a statement on the matter. [22084/04]

I am informed by the Registrar of Titles that this is an application for transmission which was lodged on 17 August 2004, dealing No. D2004SM006645H refers. I am further informed that the application is receiving attention and will be completed as soon as possible.

Child Care Services.

John Perry

Question:

1106 Mr. Perry asked the Minister for Justice, Equality and Law Reform the progress made on the application for a capital grant from persons (details supplied) in County Sligo; and if he will make a statement on the matter. [22086/04]

I understand from inquiries I have made that an application from the group for a substantial capital grant of €712,000 was submitted in April 2003 to provide a sessional child care service. The equal opportunities child care programme is a seven-year development programme which aims to increase the availability and quality of child care to support parents in employment, education and training. The progress of the programme was commented upon favourably by the mid-term evaluators of the regional operational programmes and the national development plan. Following the mid-term review, additional funding of approximately €12 million was made available for the child care measures, bringing the total funding available for the programme to €449.3 million.

There has been considerable demand from community-based groups for capital grant assistance under the programme. Every county has benefited significantly from grants to provide new and enhanced community-based child care facilities and to support capital developments in the private child care sector. ADM, on behalf of my Department, is conducting an extensive review of the programme's capital commitments to date, numbering over 1,100 and at a value of €114 million, to ensure that the grant commitments previously entered into will be realised. Projects may be awaiting planning permission or the completion of tender processes before reasonable assurance can be taken that they will proceed. If they do not proceed, the funding set aside can be decommitted and made available to another project. Expenditure under the programme, which covers the period to the end of 2007, must take place in a planned manner — that is also the case in respect of grant approvals — to ensure that the programme can meet its financial commitments at all times.

My Department recently reviewed the different budget lines under the equal opportunities programme, including the capital programme, to ensure that the most effective use is made of all remaining funding in accordance with the programme's objectives. That has brought the total allocation for the capital development of child care under the present programme to €157 million. An extensive review of child care provision on the ground has taken place to identify obvious service gaps, the filling of which will be a priority using the remaining capital funding which exceeds €30 million, of which about €25 million is earmarked for community-based, or not-for-profit, child care groups which provide services for young children to support their parents who may be in employment, education and training.

I intend to allocate the remaining capital funding under this strand of the Government's commitment to child care to address the most immediate service gaps. As a result, all the projects in the pipeline on 30 April 2004 have been reviewed again by ADM on the basis of geographical need, the range of services being offered, value for money and the capacity of the groups to complete a project before the end of the programme in 2007. The projects which best meet the criteria will receive priority funding from the capital funding which remains unallocated at this point.

Having made inquiries, I understand that the application for capital grant assistance in respect of the project in question has been reviewed as part of the review process to which I have referred. I understand that recommendations about the allocation of the remaining funding are in preparation. If a project is recommended for funding as part of this process, its recommendation will depend on being able to establish that it can be completed within a fixed budget and a tight timeframe. If a project is not recommended for priority funding at this time, it will be considered again if additional capital resources become available. The allocation of any additional funding which might become available to me will also be allocated on the basis of local need, levels of service being offered and value for money.

I do not doubt that the success of the present strand of the programme and the need to continue to make child care available to support the child care needs of our growing work force will support my case for ongoing capital and current funding from the Government for this key sector. Indeed, if additional funding becomes available before the end of the present national development plan, I expect that the programme will again benefit from transfers. In the interim, it would be premature of me to comment further on the relevant capital grant application.

Garda Operations.

Olwyn Enright

Question:

1107 Ms Enright asked the Minister for Justice, Equality and Law Reform the arrangements that exist for the exchange of information between the Garda Síochána and the Police Service of Northern Ireland with regard to persons considered to pose a threat to children who move from the Republic to Northern Ireland; and if he will make a statement on the matter. [22130/04]

I have been informed by the Garda authorities that information is routinely shared between the Garda Síochána and the Police Service of Northern Ireland on such matters as those referred to by the Deputy. I am further informed that, depending on the urgency, nature and purpose of the information, the transfer of information occurs speedily, involving, for example, police-to-police transfer between the Garda National Criminal Intelligence Unit and the PSNI's force intelligence bureau, transmission via Interpol Dublin to Interpol London; and transfer between the Garda Communications Centre and the PSNI. I understand that the two police services have an excellent relationship and co-operate with each other on a daily basis.

Questions Nos. 1108 to 1110, inclusive, answered with Question No. 1101.

Garda Vetting Procedures.

Olwyn Enright

Question:

1111 Ms Enright asked the Minister for Justice, Equality and Law Reform his plans to establish a list similar to the DHSSPS (Northern Ireland) disqualification for working with children list; and if he will make a statement on the matter. [22139/04]

The working group on Garda vetting, which was charged with considering the expansion and enhancement of the vetting services of the Garda central vetting unit, acknowledged the potential benefits of vetting performed beyond the scope of the criminal justice system. Accordingly, the working group recommended that the Departments of Health and Children and Education and Science should consider the development of non-Garda, employment-related vetting registers to provide information on those previously dismissed, suspended, moved or made redundant from posts for harming children or vulnerable adults in the health and education sectors. The Deputy will appreciate that further consideration of such matters would be a matter, in the first instance, for my colleagues, the Ministers for Health and Children and Education and Science.

Registration of Title.

Gerard Murphy

Question:

1112 Mr. Murphy asked the Minister for Justice, Equality and Law Reform if a scheme map will be requested urgently from the Land Registry for a development (details supplied) in County Cork. [22165/04]

I have been informed by the Registrar of Titles that an application for scheme map approval was lodged on 9 August 2004, application No. S2004CK001904Y refers. I am further informed that the application was completed on 20 September 2004 and the original scheme map was returned to the lodging party.

Departmental Websites.

Paul McGrath

Question:

1113 Mr. P. McGrath asked the Minister for Justice, Equality and Law Reform regarding his Department website, the number of persons who have responsibility for upgrading the website and eliminating outdated and often inaccurate information. [22201/04]

Material is prepared in all divisions of the Department in respect of their functional areas and sent for publication. All material published on the site is signed off by an officer, of at least assistant principal level, who is responsible for the area in question. A number of people in the press office and IT divisions have the capacity to publish this material directly. I am not aware of any inaccurate or outdated information on the site, but I would take steps to rectify such issues if they were brought to my attention.

The site has recently been redesigned and went live earlier in the year. The new site is a content management solution. It adopts a more structured approach towards information retrieval for the end user. I believe that we have divided the services offered by my Department in the most meaningful way possible for easy access to the site's large amount of information. The site also includes a comprehensive search facility, a site map and an area on the home page which links to the most recent press releases and publications published by the Department.

Travel Documentation.

Mary Upton

Question:

1114 Dr. Upton asked the Minister for Justice, Equality and Law Reform his views on the situation of a person (details supplied) in Dublin 12; and when this person will have travel documents returned. [22265/04]

The person in question has permission to reside in the State solely on the basis that he is the parent of an Irish-born child. He is not entitled to an Irish passport or travel document. He was facilitated with an emergency temporary Irish travel document in May 2001, however, to enable him to travel to obtain a passport from his country of nationality. As he had not obtained his own passport during this period and as an exceptional measure, he was further facilitated with the renewal of this temporary travel document to 30 July 2004 which would allow him travel to obtain a passport. An application received in July 2004 for a further renewal of the temporary travel document has been refused and the person in question has been advised to contact the embassy of his country of nationality to obtain his own passport. If it is necessary for him to travel outside the State to collect his passport then we will consider facilitating him, on the production of the appropriate documentation from the embassy or relevant authority.

Public Order Offences.

Finian McGrath

Question:

1115 Mr. F. McGrath asked the Minister for Justice, Equality and Law Reform if the Garda will urgently intervene in an issue (details supplied) in the Dublin 3 area; and if he will make a statement on the matter. [22290/04]

I have been informed by the Garda authorities that they are aware of the problems being experienced by local residents in the vicinity of a premises in the Dublin 3 area. I am also informed that the local community garda has met the management of the club and the local residents' association to reach a satisfactory solution to the problems. I have been assured by local Garda management that regular Garda patrols have been instructed to give the area ongoing attention with a view to identifying the offenders and ensuring a concentrated and visible Garda presence.

Garda Strength.

Charlie O'Connor

Question:

1116 Mr. O’Connor asked the Minister for Justice, Equality and Law Reform if he continues to give the policing needs of Tallaght, Dublin 24 his particular attention; if he will make a special case to the Garda Commissioner; and if he will make a statement on the matter. [22305/04]

I have been informed by the Garda authorities which are responsible for the detailed allocation of resources, including personnel, that the personnel strength of Tallaght Garda station on 21 September last was 171, all ranks, compared to a figure of 133, all ranks, on 1 January 1998. That represents an increase of 38, or 29%, in the number of personnel allocated to Tallaght Garda Station since 1 January 1998. As well as the members allocated to the district, assistance in policing the district is supplied from time to time by members from the national support units — the divisional task force, the air support unit, the mounted unit, the dog unit and the regional and divisional traffic units. The situation will be kept under review and when additional personnel next become available the needs of the Tallaght area will be fully considered within the overall context of the needs of Garda stations throughout the country.

Visa Applications.

Paul Kehoe

Question:

1117 Mr. Kehoe asked the Minister for Justice, Equality and Law Reform the status of the visa application for a person (details supplied); when a decision will be made; and if he will make a statement on the matter. [22306/04]

The visa application in question, which was received in my Department on 6 August 2004, is under consideration. A number of factors require careful consideration and examination. The application will be finalised when all relevant information has been taken in account. The unprecedented escalation in the numbers of applications for Irish visas over recent years has resulted in some delays. The visa section of the immigration and citizenship division of my Department, which is committed to providing a high quality service to its customers, is making every effort to process all visa applications in as timely a manner as possible.

Denis Naughten

Question:

1118 Mr. Naughten asked the Minister for Justice, Equality and Law Reform the reason the appeals officer refused applications for holiday visas for two persons (details supplied). [22320/04]

An appeal against the refusal of the two visa applications in question was received in my Department in September 2004. The visa appeals officer who examined the applications took into account the information provided in the applications, the applicant's ties and general circumstances in their country of origin, their immigration history, as well as the relative attractiveness and feasibility of the applicants remaining in the State. The Department's approach in such matters is informed by past experience, including experience of abuse of the system. In this instance, the visa appeals officer formed the opinion that it would not be reasonable to conclude that the applicants would observe the conditions attached to the visa and the decision to refuse the application was upheld.

Registration of Title.

Michael Ring

Question:

1119 Mr. Ring asked the Minister for Justice, Equality and Law Reform if the Land Registry Office will expedite a dealing application for persons (details supplied) in County Mayo as the matter is causing severe hardship. [22330/04]

I have been informed by the Registrar of Titles that the application, which was for a transfer of part was lodged on 13 July 2001, application No. D2001SM005438N refers. I have been further informed that a query issued on 20 May 2004 and that the application cannot proceed until it has been satisfactorily resolved. I assure the Deputy, however, that the matter will receive further attention in the Land Registry when a satisfactory reply has been received.

Equality Policy.

David Stanton

Question:

1120 Mr. Stanton asked the Minister for Justice, Equality and Law Reform if mechanisms exist to ensure that interview boards established under the auspices of his Department and which comprise of two or more persons are gender balanced; and if he will make a statement on the matter. [22367/04]

I assure the Deputy that the Department aims for a mix of gender on interview boards at all times, as a matter of policy. This is in line with standard practice.

Registration of Title.

Michael Noonan

Question:

1121 Mr. Noonan asked the Minister for Justice, Equality and Law Reform if a transfer of land for a person (details supplied) in County Limerick will be expedited. [22401/04]

I have been informed by the Registrar of Titles that this is an application for transfer of part which was lodged on 26 April 1999, dealing No. D1999PS003776C refers. I have been further informed that this application was completed on 27 September 2004.

Michael Noonan

Question:

1122 Mr. Noonan asked the Minister for Justice, Equality and Law Reform if a transfer of land for a person (details supplied) in County Limerick will be expedited. [22402/04]

I am informed by the Registrar of Titles that there is no record of an application pending on this folio at present. If the Deputy can provide me with the date of lodgement of the application and a Land Registry reference number, I will make further inquiries on his behalf.

Family Reunification Applications.

John McGuinness

Question:

1123 Mr. McGuinness asked the Minister for Justice, Equality and Law Reform if a decision will be expedited in the case of a person (details supplied) in County Wicklow. [22413/04]

The refugee in question has recently been informed that the applications for family reunification have been approved.

Asylum Applications.

John McGuinness

Question:

1124 Mr. McGuinness asked the Minister for Justice, Equality and Law Reform the status of an application for asylum in the name of a person (details supplied) in County Tipperary; if this person’s child has been considered as part of this application; and if he will make a statement on the matter. [22414/04]

The person referred to by the Deputy entered the State on 14 April 2003 and applied for refugee status. She was refused refugee status in the State following an interview on 5 December 2003 by the Office of the Refugee Applications Commissioner. She was notified of this refusal on 13 January 2004, and subsequently appealed this determination to the Refugee Appeals Tribunal. Following a hearing on 4 February 2004 her appeal was rejected and the original determination affirmed. She was informed of the Refugee Appeals Tribunal decision on 11 February 2004.

In accordance with section 3 of the Immigration Act 1999, as amended, the person concerned was informed on 19 February 2004 that it was proposed to make a deportation order in respect of her. She was given the options of making written representations within 15 working days to the Minister for Justice, Equality and Law Reform setting out reasons she should not be deported, of voluntarily leaving the State or of consenting to deportation. An application for leave to remain in the State was received from her legal representatives on 11 March 2004. After the case was considered under section 3 of the Immigration Act 1999, as amended, and section 5 of the Refugee Act 1996, which deals with the prohibition of refoulement, a deportation order was signed in respect of the person in question on 3 August 2004. The enforcement of the deportation order is a matter for the Garda National Immigration Bureau.

Residency Permits.

John McGuinness

Question:

1125 Mr. McGuinness asked the Minister for Justice, Equality and Law Reform if papers submitted to his Department for approval and stamping in the name of a person (details supplied) in County Kilkenny have been processed; and if not, can the matter will be expedited. [22415/04]

The person in question has been informed that he has been granted permission to remain in the State and that he must now register with his local immigration officer.

Citizenship Applications.

John McGuinness

Question:

1126 Mr. McGuinness asked the Minister for Justice, Equality and Law Reform when a certificate of naturalisation will be issued to a person (details supplied) in County Kilkenny; the timeframe involved; when a decision is likely; and if he will make a statement on the matter. [22416/04]

The application for naturalisation referred to by the Deputy was submitted to me for a decision in March 2004 and I decided not to grant a certificate of naturalisation in that instance. I understand from officials in the citizenship section of my Department that the person referred to lodged a new application for naturalisation in August 2004. This application will be processed in due course.

Residency Permits.

John McGuinness

Question:

1127 Mr. McGuinness asked the Minister for Justice, Equality and Law Reform the progress in the case of a person (details supplied) in County Kilkenny; and if he will make a statement on the matter. [22418/04]

A deportation order was signed on 26 August 2004 in respect of the person referred to following consideration of his application for leave to remain under section 3 of the Immigration Act 1999, as amended, and section 5 of the Refugee Act 1996, which deals with the prohibition of refoulement. Enforcement of the deportation order is a matter for the Garda National Immigration Bureau and arrangements are being put in place to deport the person in question from the State.

John McGuinness

Question:

1128 Mr. McGuinness asked the Minister for Justice, Equality and Law Reform if an application for residency on the basis of marriage to an Irish national will be expedited in the name of a person (details supplied) in County Kilkenny; the timeframe involved and the likely date for decision; and if he will make a statement on the matter. [22419/04]

I confirm that an application for permission to remain in the State based on marriage to an Irish national was received by my Department in May 2004 on behalf of the person concerned. Applications of this type are dealt with in strict chronological order and are taking approximately 14 months to process.

Refugee Status.

John McGuinness

Question:

1129 Mr. McGuinness asked the Minister for Justice, Equality and Law Reform the status of an application to stay here in the name of a person (details supplied) in County Kilkenny; and if a decision in the case will be expedited. [22434/04]

As the Deputy will be aware, under the Refugee Act 1996, two independent statutory offices were established to consider applications or appeals for refugee status and to make recommendations to the Minister for Justice, Equality and Law Reform on whether such status should be granted. The two offices are the Office of the Refugee Applications Commissioner, which considers applications for a declaration as a refugee at first instance, and the Refugee Appeals Tribunal, which considers applications for a declaration at appeal stage. A final decision will be made in this case upon receipt of the recommendation of the Refugee Applications Commissioner.

John McGuinness

Question:

1130 Mr. McGuinness asked the Minister for Justice, Equality and Law Reform the status of an application to stay here in the name of a person (details supplied) in County Kilkenny; and if a decision will be expedited in the case. [22435/04]

The person referred to by the Deputy entered the State on 13 December 2000 and applied for refugee status. He was interviewed by the Office of the Refugee Applications Commissioner on 22 January 2001 and was refused refugee status in the State. He was notified of this refusal on 1 April 2001 and subsequently appealed this recommendation to the Refugee Appeals Tribunal. Following an oral hearing on 3 October 2001, his appeal was rejected and the original recommendation affirmed. He was informed of the decision of the Refugee Appeals Tribunal on 1 November 2001.

In accordance with section 3 of the Immigration Act 1999, as amended, the person in question was informed on 28 November 2001 that it was proposed to make a deportation order in respect of him. He was given the options of making written representations within 15 working days to the Minister for Justice, Equality and Law Reform setting out reasons he should not be deported, of voluntarily leaving the State or of consenting to deportation. An application for leave to remain in the State was received from his legal representatives on 20 December, 2001. The case was considered under section 3 of the Immigration Act 1999, as amended, and section 5 of the Refugee Act 1996, which deals with the prohibition of refoulement. A deportation order was signed in respect of the person in question on 27 July 2004. Enforcement of the deportation order is a matter for the Garda National Immigration Bureau and arrangements are being put in place to deport him.

John McGuinness

Question:

1131 Mr. McGuinness asked the Minister for Justice, Equality and Law Reform the status of an application to stay here in the name of a person (details supplied) in County Kilkenny; and if a decision will be expedited in the case. [22436/04]

The Deputy will be aware that under the Refugee Act 1996, two independent statutory offices were established to consider applications or appeals for refugee status and to make recommendations to the Minister for Justice, Equality and Law Reform on whether such status should be granted. The two offices are the Office of the Refugee Applications Commissioner, which considers applications for a declaration as a refugee at first instance, and the Refugee Appeals Tribunal, which considers applications for a declaration at appeal stage. A final decision will be made in this case on receipt of the recommendation of the Refugee Applications Commissioner.

John McGuinness

Question:

1132 Mr. McGuinness asked the Minister for Justice, Equality and Law Reform the status of an application to stay here in the name of a person (details supplied) in County Kilkenny; and if a decision will be expedited in the case. [22437/04]

The Deputy will be aware that under the Refugee Act 1996, two independent statutory offices were established to consider applications or appeals for refugee status and to make recommendations to the Minister for Justice, Equality and Law Reform on whether such status should be granted. The two offices are the Office of the Refugee Applications Commissioner, which considers applications for a declaration as a refugee at first instance, and the Refugee Appeals Tribunal, which considers applications for a declaration at appeal stage. A final decision will be made in this case on receipt of the decision of the Refugee Appeals Tribunal.

John McGuinness

Question:

1133 Mr. McGuinness asked the Minister for Justice, Equality and Law Reform the status of an application to stay here in the name of a person (details supplied) in County Kilkenny; and if a decision will be expedited in the case. [22438/04]

The person in question arrived in the State on 1 May 2002 and applied for refugee status on that date. Following an interview on 7 October 2002, the Office of the Refugee Applications Commissioner recommended that he should not be declared a refugee and he was notified of this recommendation on 25 March 2003. He appealed this recommendation to the Refugee Appeals Tribunal and following an oral hearing on 29 July 2003, the original recommendation was affirmed. He was informed of this decision on 31 July 2003.

In accordance with section 3 of the Immigration Act, 1999, as amended, the person concerned was informed on 12 September 2003 that it was proposed to make a deportation order in his case. He was given the options of making representations within 15 working days setting out the reasons as to why he should not be deported, leaving the State voluntarily before an order was made or consenting to the making of a deportation order. Representations were received on behalf of the person concerned on 9 October 2003.

The person's case file must be considered in accordance with section 3(6) of the Immigration Act, 1999 and section 5 of the Refugee Act 1996, which deals with the prohibition of refoulement. The file will be submitted to me for decision in due course and the person concerned will be informed of the outcome accordingly.

Extradition Agreements.

Liz McManus

Question:

1134 Ms McManus asked the Minister for Justice, Equality and Law Reform the procedures in place or he intends to put in place to deal with citizens from China, Malaysia and other countries who have committed serious crimes here and then return to these countries with which Ireland has no extradition agreement; and if he will make a statement on the matter. [22450/04]

While there are no specific bilateral extradition agreements in place between Ireland and a number of countries, including China and Malaysia, arrangements are in place for the extradition of persons between Ireland and these countries. The arrangements arise under a number of international agreements to which Ireland and the countries are party and cover offences such as aircraft hijacking and drug trafficking. Extradition arrangements between Ireland and other states are kept under review.

Garda Deployment.

Jim O'Keeffe

Question:

1135 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform the number of members in each traffic unit in each Garda division; the traffic vacancies in each division; the numbers expected to retire in each unit before 31 December 2004; the action which he is taking to ensure that the traffic units have their full complement of members; and if he will make a statement on the matter. [22456/04]

I have been informed by the Garda authorities who are responsible for the detailed allocation of resources, including personnel, that the total number of Garda personnel allocated to traffic units in each Garda division, the number of vacancies in each division and the number expected to retire before 31 December 2004 are as set out on the following chart. The Garda authorities have also pointed out that all Garda personnel have a responsibility, inter alia, to deal with traffic matters as they arise.

Traffic Unit Strengths — 24 September 2004

Division

Year

Gardaí

Vacancies

Retirements

D.M.R. Traffic

2004

142

10

0

D.M.R. South

2004

16

2

0

D.M.R. South Central

2004

19

0

0

D.M.R. North

2004

16

2

0

D.M.R. North Central

2004

15

3

0

D.M.R. East

2004

16

2

0

D.M.R. West

2004

18

0

0

Sligo

2004

14

1

0

Donegal

2004

20

3

0

Cavan / Monaghan

2004

16

0

0

Longford / Westmeath

2004

15

0

0

Louth/Meath

2004

24

2

0

Carlow/Kildare

2004

17

1

0

Laois/Offaly

2004

14

0

1

Cork City

2004

22

0

0

Cork North

2004

15

0

0

Cork West

2004

11

0

0

Kerry

2004

13

0

0

Limerick

2004

13

0

0

Clare

2004

12

0

0

Mayo

2004

13

0

0

Roscommon / Galway East

2004

11

2

1

Galway West

2004

17

0

0

Tipperary

2004

12

0

0

Waterford / Kilkenny

2004

16

0

0

Wexford / Wicklow

2004

14

0

0

Total

2004

531

39

2

Registration of Title.

Michael Ring

Question:

1136 Mr. Ring asked the Minister for Justice, Equality and Law Reform if the Land Registry Office will expedite a dealing application for a person (details supplied) in County Mayo; and when the application will be complete. [22493/04]

I have been informed by the Registrar of Titles that this application for transfer of part and amalgamation was lodged on 13 July 2004, application number D2004SM005635A refers. I am further informed that the application is receiving attention in the Land Registry and I assure the Deputy that it will be completed as soon as possible.

Refugee Status.

Willie Penrose

Question:

1137 Mr. Penrose asked the Minister for Justice, Equality and Law Reform when a review of an application for refugee status by a person (details supplied) in County Westmeath will be finalised; and if he will make a statement on the matter. [22494/04]

The person referred to by the Deputy entered the State on 6 August 2002 and applied for refugee status. Following an interview by the Office of the Refugee Applications Commissioner on 19 December 2002, she was refused refugee status in the State. She was notified of this determination on 26 February 2003 and subsequently appealed it to the Refugee Appeals Tribunal. Following an oral hearing on 6 May 2003, her appeal was rejected and the original determination upheld. She was informed of the decision of the Refugee Appeals Tribunal on 30 May 2003.

In accordance with section 3 of the Immigration Act 1999, as amended, the person concerned was informed on 19 June 2003 that it was proposed to make a deportation order in respect of her. She was given the options of making representations within 15 working days setting out the reasons as to why he should not be deported, leaving the State voluntarily before an order was made or consenting to the making of a deportation order. An application for leave to remain in the State was received from her legal representatives on 26 June 2003. The application is awaiting consideration under section 3 of the Immigration Act 1999, as amended, and section 5 of the Refugee Act 1996, which deals with the prohibition of refoulement. A decision on whether to grant temporary leave to remain in the State or deport her will be made shortly.

Child Care Services.

Dinny McGinley

Question:

1138 Mr. McGinley asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the serious financial difficulties being experienced by the Donegal County Childcare Committee Limited; and if, in view of the excellent work it is engaged in throughout the county he will make additional funding available to enable it to continue its work. [22550/04]

My Department has been given responsibility for the co-ordination of child care service delivery during the period of the national development plan, between 2000 and 2006. The equal opportunities child care programme was established by my Department in April 2000 as a seven-year programme to increase the number of child care facilities and places in Ireland; to improve the quality of child care services and to put new structures in place for the co-ordination of activity in the development of child care. The total funding allocated to my Department for these purposes during the seven-year period of the programme has now increased to €449.3 million.

Funding provision for the quality measure which includes the administration of the city and county child care committees has increased significantly. Over €7 million is available annually for the implementation of the action plans drawn up by the city and county child care committees. The committees receive additional funding for the national childminding initiative and will also be invited shortly to submit proposals for collaborative actions with other committees and the national voluntary child care organisations.

Donegal County Childcare Committee is one of the 33 city or county childcare committees that were established as part of the equal opportunities child care programme. Donegal County Childcare Committee has received funding of €894,514 since the start of the programme. In 2004, Donegal County Childcare Committee received its maximum funding allowance of €241,500 for its action plan. In light of the excellent work being carried out by all 33 county child care committees, I have already indicated to them that the maximum funding available to them in 2005 will be increased by 5%. The Department of Justice, Equality and Law Reform is reviewing all the budget lines under the quality sub-measure of the programme to determine whether any small additional increase in funding can be provided in the coming year.

Residency Permits.

Mary Upton

Question:

1139 Dr. Upton asked the Minister for Justice, Equality and Law Reform if consideration will be given to an application by a person (details supplied) in Dublin 8 for humanitarian leave to remain here. [22601/04]

I refer to my reply to Question No. 491 of 15 June 2004 concerning this case in which I stated, inter alia, that I expect the case file to be submitted to me for consideration shortly. Further representations have been received on behalf of the person concerned and a decision will be made having regard to the factors specified in section 3(6) of the Immigration Act 1999, as amended, and to the prohibition of refoulement contained in section 5 of the Refugee Act 1996, as amended. The person concerned will be informed of my decision in due course.

Child Care Services.

Jan O'Sullivan

Question:

1140 Ms O’Sullivan asked the Minister for Justice, Equality and Law Reform when he will make a decision on the approval of capital grants for five proposed community crèche projects in RAPID areas in Limerick city under the equal opportunity child care programme 2000 to 2006; and if he will make a statement on the matter. [22623/04]

The equal opportunities child care programme 2000 to 2006 is a seven year development programme which aims to increase the availability and quality of child care to support parents in employment, education and training. The progress of the programme was commented upon very favourably by the mid-term evaluators of both the regional operational programmes and the National Development Plan 2000-2006, and following the mid-term review additional funding of approximately €12 million was made available for the child care measures. That brings the total funding available for the programme to €449.3 million.

There has been considerable demand from community-based groups for capital grant assistance under the programme, and every county has benefited significantly from grants to provide new and enhanced community-based child care facilities and, indeed, to support capital developments in the private child care sector. ADM, on behalf of my Department, is currently carrying out an extensive review of the programme's capital commitments to date, numbering over 1,100 and at a value of €114 million, to ensure that all the grant commitments previously entered into will be realised. Projects may be awaiting planning permission or the completion of tender processes before reasonable assurance can be taken that they will proceed, and if they do not, the funding set aside can be decommitted and made available to another project. Expenditure under the programme covers the period to the end of 2007 and must take place in a planned manner, as must grant approvals to ensure that the programme can meet its financial commitments at all times.

In addition, my Department has recently reviewed the different budget lines under the EOCP, including the capital programme, to ensure that the most effective use is made of all remaining funding in accordance with the programme's objectives, and that has brought to €157 million the total allocation for the capital development of child care under the present programme. At the same time, an extensive review of child care provision on the ground has taken place to identify obvious service gaps, the filling of which will be a priority using the remaining capital funding, which currently exceeds €30 million, of which about €25 million is being earmarked for community-based, not-for-profit child care groups which provide services for young children to support their parents, who may be in employment, education or training.

I intend to allocate the remaining capital funding under this strand of the Government's commitment to child care to address the most immediate service gaps. As a result, all the projects in the pipeline on 30 April 2004 have been reviewed again by ADM Limited on the basis of geographical need, the range of services being offered, value for money and the capacity of the groups to complete a project before the end of the programme in 2007. This includes a number of projects in Limerick city and county located in RAPID areas. Those projects which best meet the criteria will receive priority funding from the capital funding which remains unallocated at this point.

I have made inquiries and I understand that the applications for capital grant assistance in respect of these projects have been reviewed as part of the review process I have just referred to. I understand that the recommendations regarding the allocation of the remaining funding are currently in preparation. If a project is recommended for funding as part of this process, its recommendation will be conditional upon its being able to establish that it can be completed within a fixed budget and a tight time frame. If a project is not recommended for priority funding at this time, it will be considered again should additional capital resources become available. The allocation of any additional funding which might become available to me will also be allocated on the basis of local need, levels of service being offered and value for money.

I do not doubt but that the success of the present strand of the programme and the need to continue to make child care available to support the child care needs of our still growing work force will support my case for ongoing capital and current funding from Government for this key sector. Indeed, should any additional funding become available before the end of the present national development plan, I would expect that the programme would again benefit from transfers.

In the interim, it would be premature of me to comment further on these capital grant applications.

Asylum Applications.

Tony Gregory

Question:

1141 Mr. Gregory asked the Minister for Justice, Equality and Law Reform the position regarding the application of a person (details supplied) for asylum; if he will review the position in view of the petition submitted on his or her behalf by local residents; and if he will make a statement on the matter. [22647/04]

The person in question entered the State on 8 November 1999 and applied for asylum. His case was examined and refused. He was informed of this decision by letter of 20 September 2000 and informed of his right to appeal the decision within 14 working days. His subsequent appeal was refused, and he was notified of that by letter of 3 September 2001. On 24 October 2001 a letter was issued to the person informing him of the Minister's decision to deport him and setting out the three options open to him at that point, i.e., to leave the State before the Minister decided whether to make a deportation order in respect of him; to consent to the making of a deportation order in respect of him; or to make written representations within 15 working days to the Minister for Justice, Equality and Law Reform setting out reasons as to why he should not be deported, that is, why he should be allowed to remain temporarily in the State. Representations were received on his behalf.

This person's case was examined under section 3 of the Immigration Act; 1999 and section 5 of the Refugee Act 1996 (Prohibition of Refoulement), including representations received and a deportation order was made in respect of him on 26 August 2004.

The person has been notified of the decision, and the deportation order has been passed to the Garda national immigration bureau for enforcing.

Child Care Services.

Willie Penrose

Question:

1142 Mr. Penrose asked the Minister for Justice, Equality and Law Reform if his Department has received an application for capital funding under the equal opportunities child care programme from a community group (details supplied) in County Longford; if in the context of this project the necessary funding will be provided as requested; and if he will make a statement on the matter. [22666/04]

I understand from inquiries that I have made that an application from this group for a substantial capital grant of over €939,000 was submitted in June 2003.

The equal opportunities child care programme 2000 to 2006 is a seven year development programme which aims to increase the availability and quality of child care to support parents in employment, education and training. The progress of the programme was commented upon very favourably by the mid-term evaluators of both the regional operational programmes and the National Development Plan 2000-2006, and following the mid-term review additional funding of approximately €12 million was made available for the child care measures. This brings the total funding available for the programme to €449.3 million.

There has been considerable demand from community based groups for capital grant assistance under the programme, and every county has benefited significantly from grants to provide new and enhanced community-based child care facilities and, indeed, to support capital developments in the private child care sector. ADM, on behalf of my Department, is currently carrying out an extensive review of the programme's capital commitments to date, numbering over 1,100 and at a value of €14 million, to ensure that all the grant commitments previously entered into will be realised. Projects may be awaiting planning permission or the completion of tender processes before reasonable assurance can be taken that they will proceed, and if they do not, the funding set aside can be decommitted and made available to another project. Expenditure under the programme covers the period to the end of 2007 and must take place in a planned manner, as must grant approvals to ensure that the programme can meet its financial commitments at all times.

In addition, my Department has recently reviewed the different budget lines under the EOCP, including the capital programme, to ensure that the most effective use is made of all remaining funding in accordance with the programme's objectives, and this has brought to €157 million the total allocation for the capital development of child care under the present programme. At the same time, an extensive review of child care provision on the ground has taken place to identify obvious service gaps, the filling of which will be a priority using the remaining capital funding, which currently exceeds €30 million, of which about €25 million is being earmarked for community-based, not-for-profit child care groups which provide services for young children to support their parents who may be in employment, education and training.

I intend to allocate the remaining capital funding under this strand of the Government's commitment to child care to address the most immediate service gaps. As a result, all the projects in the pipeline on 30 April 2004 have been reviewed again by ADM Limited on the basis of geographical need, the range of services being offered, value for money and the capacity of the groups to complete a project before the end of the programme in 2007. Those projects which best meet the criteria will receive priority funding from the capital funding, which remains unallocated at this point.

I have made inquiries and understand that the application for capital grant assistance in respect of this project has been reviewed as part of the review process that I have just referred to. I understand that the recommendations regarding the allocation of the remaining funding are currently in preparation. If a project is recommended for funding as part of this process, its recommendation will be conditional upon its being able to establish that it can be completed within a fixed budget and a tight time frame. If a project is not recommended for priority funding at this time, it will be considered again should additional capital resources become available. The allocation of any additional funding which might become available to me will also be allocated on the basis of local need, levels of service being offered and value for money.

I do not doubt but that the success of the present strand of the programme and the need to continue to make child care available to support the child care needs of our still growing work force will support my case for ongoing capital and current funding from Government for this key sector. Indeed, should any additional funding become available before the end of the present national development plan, I would expect that the programme would again benefit from transfers.

In the interim, it would be premature of me to comment further on this capital grant application.

Registration of Title.

Michael Ring

Question:

1143 Mr. Ring asked the Minister for Justice, Equality and Law Reform if the Land Registry Office will expedite dealings for persons (details supplied) in County Mayo; and when those applications will be complete. [22753/04]

I am informed by the Registrar of Titles that the details supplied by the Deputy refer to an application for a subdivision to open a new folio which was lodged on 20 November 2001 and an application for transfer of part which was lodged on 17 January 2002. Dealing Nos. D2001SM008664N and D2002SM000464B refer.

I am further informed that a query was issued to the lodging solicitor regarding dealing No. D2001SM008664N on 24 September 2004 and that the two applications cannot proceed until that query has been satisfactorily resolved.

However, I can assure the Deputy that on receipt of a satisfactory reply the applications will receive further attention in the Land Registry.

John Ellis

Question:

1144 Mr. Ellis asked the Minister for Justice, Equality and Law Reform if his Department will arrange for the forwarding of instrument to a person (details supplied). [22778/04]

I am informed by the Registrar of Titles that this is an application for a copy instrument which was lodged on 24 April 2004. Application No. C2004CS001797C refers.

I am further informed that the application was completed on 24 September 2004.

Garda Investigations.

Richard Bruton

Question:

1145 Mr. R. Bruton asked the Minister for Justice, Equality and Law Reform if he intends to initiate an inquiry into the circumstances surrounding the death of a person (details supplied), in view of the fact that on 16 August 2004 the location of the remains of this person was brought to the attention of the Garda authorities, despite the fact that the body was found some five days later, on 21 August 2004, following a search of the area in question, and in view of the implications of that delay, in respect of determining the likely cause of death in the case; and if he will make a statement on the matter. [22801/04]

I am informed by the Garda authorities that a Garda investigation into all aspects of this matter is ongoing.

The Deputy will be aware that it is not the practice to comment upon ongoing Garda investigations, which are operational matters for the Garda authorities.

National Drugs Strategy.

Róisín Shortall

Question:

1146 Ms Shortall asked the Minister for Justice, Equality and Law Reform if he will report on those actions for which he has responsibility, namely actions Nos. 4, 5, 6, 7, 8, 9, 10, 11, 13, 15, 16, 19, 20, 21, 22, 23, 24, 27 and 28 regarding his obligations under the national drugs strategy; and if he will make a statement on the matter. [22803/04]

My Department and the agencies concerned have recently reported to the Department of Community, Rural and Gaeltacht Affairs, the lead Department for the Government's National Drugs Strategy 2001-2008, regarding the current status of the above actions.

The progress being made regarding each action, by this mid-point of the strategy's lifetime, is recorded in the lead Department's recently published critical implementation path document, a copy of which I have arranged to be forwarded to the Deputy.

I understand that copies of the document are available in the Oireachtas Library and from the lead Department's website at www.pobail.ie.

Furthermore, a steering group under the aegis of the lead Department has undertaken a mid-term review of the strategy. That review, in addition to examining progress to date in implementing the goals and actions set out in the strategy, will focus on identifying priorities for future action and enable a refocusing of the strategy, if necessary, for the remaining period up to 2008. My Department and the relevant associated agencies are involved in that review.

Illegal Fireworks.

Joe Costello

Question:

1147 Mr. Costello asked the Minister for Justice, Equality and Law Reform the action he proposes to take to prevent the illegal importation and sale of fireworks here; and if he will make a statement on the matter. [22825/04]

I would like to assure the Deputy that I am very much aware of the distress that illegal fireworks cause to people, especially around Halloween.

I am currently considering proposals to increase significantly the penalties under the Explosives Act 1875 for illegal importation, public sale and use of fireworks in the context of an overall review of the legislation in order to strengthen the powers of the Garda Síochána in tackling the problem.

Prisoner Transfers.

Joe Costello

Question:

1148 Mr. Costello asked the Minister for Justice, Equality and Law Reform the progress in repatriating a person (details supplied) to Ireland; the reason there is so much delay; and if he will make a statement on the matter. [22826/04]

I wish to advise the Deputy that a formal application for transfer and supporting documentation, as required under the Council of Europe Convention on the Transfer of Sentenced Persons, has not yet been received from the sentencing state authorities in this case. However, following recent correspondence from the person concerned, my Department has now written to the sentencing state authorities to request that they process his application for transfer.

Garda Investigations.

Joe Costello

Question:

1149 Mr. Costello asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the large number of buildings, including many buildings of historical and heritage importance, in Dublin city that have been damaged or demolished in suspicious circumstances; if he will request a Garda investigation into the circumstances; and if he will make a statement on the matter. [22835/04]

I am informed by the Garda authorities that, in the area in question, no complaints have been received from any source indicating that buildings of historical and heritage importance were damaged or demolished in suspicious circumstances.

Garda Recruitment.

Joe Costello

Question:

1150 Mr. Costello asked the Minister for Justice, Equality and Law Reform the number of posts in the Garda Síochána that are occupied by civilians; the plans to increase the number of such posts; and if he will make a statement on the matter. [22837/04]

There are currently some 1025 clerical, administrative, and services' posts filled by civilians in the Garda Síochána.

In October 2001, the Government approved the report on civilianisation in the Garda Síochána, which recommended a programme of civilianisation to allow for the release of Garda members to operational policing. In that context, my Department is currently reviewing those figures in conjunction with the Department of Finance and Garda management.

The civilianisation report also provides for the transfer of finance functions from Garda district clerks to civilians and the upgrading of the new civilian role to staff officer. The filling of those posts is currently well under way.

Garda Deployment.

Joe Costello

Question:

1151 Mr. Costello asked the Minister for Justice, Equality and Law Reform the number of gardaí who have been allocated posts of community policing in each of the past five years; and if he will make a statement on the matter. [22838/04]

I have been informed by the Garda authorities that the number of Garda personnel, of all ranks, employed full time on community policing as of 31 December, in each of the years 1999 to 2003 and currently, is as set out hereunder.

Year

No. Employed

1999

365

2000

377

2001

388

2002

407

2003

425

2004

439

All gardaí have a responsibility, inter alia, to deal with community policing issues as they arise.

Garda Strength.

Joe Costello

Question:

1152 Mr. Costello asked the Minister for Justice, Equality and Law Reform the number and rank of female officers in the Garda Síochána for each of the past seven years; and if he will make a statement on the matter. [22839/04]

I have been informed by the Garda authorities that the number and rank of female officers in the Garda Síochána as of 31 December, for each of the years 1998 to 2003 and as of 27 September 2004, is as set out hereunder.

Rank

1998

1999

2000

2001

2002

2003

2004

Commissioner

0

0

0

0

0

0

0

Deputy Commissioner

0

0

0

0

0

0

0

Assistant Commissioner

0

0

0

0

1

1

1

Chief Superintendent

0

1

1

1

1

1

1

Superintendent

3

1

2

3

4

3

4

Inspector

5

6

10

10

11

13

14

Sergeant

73

81

91

100

115

126

129

Garda

1,015

1,164

1,311

1,433

1,575

1,705

1,860

Total

1,096

1,253

1,415

1,547

1,706

1,849

2,009

Prison Visiting Committees.

Jim O'Keeffe

Question:

1153 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform the position regarding the appointment of a person (details supplied) in County Galway to a prison visiting committee; when the person was appointed to the committee; if he or she is still a member of the committee; when his or her membership of the committee will expire; if he has considered the person’s removal from the committee; and if he will make a statement on the matter. [22842/04]

The person referred to by the Deputy was originally appointed to a prison visiting committee on 6 August 1993 and has been re-appointed on three occasions since. The person's current term of appointment to the committee is due to expire in August 2005.

I am not considering the removal of the person in question from the committee at this stage.

Jim O'Keeffe

Question:

1154 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform if there is a process in place for the removal of persons from a prison visiting committee to which they have been appointed; the details of such a process; and if he will make a statement on the matter. [22843/04]

Members of prison visiting committees are appointed by the Minister for Justice, Equality and Law Reform under section 2 of the Prisons (Visiting Committees) Act 1925 for a period not exceeding three years. At the end of their term of appointment, their membership of the committee automatically lapses, but they may be either re-appointed for a further term or replaced by new members.

Garda Deployment.

Tony Gregory

Question:

1155 Mr. Gregory asked the Minister for Justice, Equality and Law Reform the number of community gardaí currently assigned to the Dominick Street area of Dublin 1; if that involves a recent reduction in numbers; and if the unit will be returned to full strength urgently. [22844/04]

I have been informed by the Garda authorities that four community gardaí were assigned to the Dominick Street area of Dublin 1 until June 2004, when the number was reduced to three.

I am further informed that local Garda management expects that an additional community garda will be allocated to the area shortly.

Control of Dogs Act.

Tony Gregory

Question:

1156 Mr. Gregory asked the Minister for Justice, Equality and Law Reform the number of summonses issued and arrests made to date in 2004 under the Control of Dogs Act for failure to muzzle dangerous breeds of dog in Dublin city. [22846/04]

I have made inquiries with the Garda authorities and am informed that, in the period 1 January 2004 to 27 September 2004, 16 summonses were issued under the Control of Dogs Act for failure to muzzle dangerous breeds of dog in Dublin city. There were no arrests for the period referred to.

Garda Communications.

Tony Gregory

Question:

1157 Mr. Gregory asked the Minister for Justice, Equality and Law Reform if he will outline the report-back procedures to victims of crime, for example, following a house break-in, by the investigating gardaí; and if he will make a statement on the matter. [22847/04]

I am informed by the Garda authorities that the procedures that they use in dealing with the victims of crime are as set out in the Garda charter for victims of crime. The following are the procedures as set out in the charter.

1. The Garda will outline the investigation process to victims and ensure that they are kept informed of the progress of the investigation, including whether a suspect is charged or cautioned. A follow up letter is sent to a victim of crime from the district officer superintendent advising them of the name, telephone number and station of the investigating garda as well as the unique PULSE crime number for the crime.

2. The Garda will inform Victims of crime about the services available from Victim Support. The Gardaí nationally provide a designated Garda Liaison Officer to ensure effective co-operation between Victim Support and the Garda. Locally the investigating Garda will be the victim's designated Garda.

3. The Gardaí will inform victims, where a suspect is charged: whether the accused is in custody or on bail and the conditions attached to the bail; time, date and location of the court hearing of the charges against the accused; the prosecution process involved and, if the victim is likely to be called as a witness, the help available from Victim Support; the circumstances where the judge may ask for a victim impact statement (in sexual and violent offences) and arrange for its completion; victim's entitlement to court expenses at the conclusion of the trial.

4. Where the crime involved caused serious trauma to victims or their family, the Garda will, when notified of the imminent release from custody of the offender, pass this information on to the victim of crime. In addition, they will make whatever policing arrangements they consider appropriate for the victim's safety.

Garda Deployment.

Tony Gregory

Question:

1158 Mr. Gregory asked the Minister for Justice, Equality and Law Reform the number of gardaí currently assigned specifically to the street prostitution problem in the Montpelier Hill, Arbour Hill and Benburb Street areas of Dublin 7. [22848/04]

I have been informed by the Garda authorities that two gardaí are specifically assigned to combat street prostitution in the Montpelier Hill, Arbour Hill and Benburb Street areas of Dublin 7.

In addition, I am also informed that one mobile unit with two gardaí from the divisional crime task force was recently employed for a period of two weeks specifically to deal with street prostitution in the areas mentioned.

Garda Transport.

Emmet Stagg

Question:

1159 Mr. Stagg asked the Minister for Justice, Equality and Law Reform the reason a dedicated squad car service has not been provided in Derrinturn, County Kildare; and if he will make a statement on the matter. [22858/04]

I have been informed by the Garda authorities who are responsible for the detailed allocation of resources, including personnel, that Derrinturn is in the Carbury sub-district and is patrolled by the vehicle officially allocated to Robertstown.

Registration of Title.

Tom Hayes

Question:

1160 Mr. Hayes asked the Minister for Justice, Equality and Law Reform when a folio number and up-to-date map will be supplied to a person (details supplied) in County Tipperary. [22867/04]

I am informed by the Registrar of Titles that this is an application for a copyfolio and filed plan which was lodged on 2 September 2004. Application No. P2004PS071371K refers.

I am further informed that an interim sealed copy of the filed plan was issued to the applicant on 27 September 2004.

Garda Strength.

Emmet Stagg

Question:

1161 Mr. Stagg asked the Minister for Justice, Equality and Law Reform the personnel strength in the Carlow-Kildare division as of 1 September 2004; and the number nationally on the same date. [22879/04]

I have been informed by the Garda authorities that the personnel strength of Carlow-Kildare division, for all ranks, as of 1 September 2004 was 323.

I am further informed that the personnel strength of the Garda Síochána nationally as of 1 September 2004 was 11,998.

Garda Detection Rates.

Emmet Stagg

Question:

1162 Mr. Stagg asked the Minister for Justice, Equality and Law Reform the detection rate for each division for 2003. [22880/04]

I have made inquiries with the Garda authorities, and the figures requested by the Deputy are as outlined in the table attached. It should be noted that the figures for 2003 are provisional and are, therefore, subject to change.

Detection Rate Per Division for 2003

Regions and Divisions

Detection Rate

%

Eastern Region

31

Carlow-Kildare

31

Laois-Offaly

40

Longford-Westmeath

34

Louth-Meath

26

Dublin Metropolitan Region

34

Eastern

29

North Central

47

Northern

33

South Central

31

Southern

33

Western

30

Northern Region

38

Cavan-Monaghan

47

Donegal

34

Sligo-Leitrim

33

South Eastern Region

45

Tipperary

38

Waterford-Kilkenny

56

Wexford-Wicklow

33

Southern Region

40

Cork City

48

Cork North

29

Cork West

41

Kerry

49

Limerick

31

Western Region

37

Clare

34

Galway West

41

Mayo

31

Roscommon-Galway East

38

State Total

36

Crime Levels.

Emmet Stagg

Question:

1163 Mr. Stagg asked the Minister forJustice, Equality and Law Reform the headline offence figures for the Carlow-Kildare division for the years 1998 to date by offence type. [22881/04]

I am informed by the Garda authorities that the information sought by the Deputy is available in the Garda Síochána annual reports, which have been lodged in the Oireachtas Library, the most recent of which is in respect of the year that ended on 31 December 2002.

Garda Stations.

Emmet Stagg

Question:

1164 Mr. Stagg asked the Minister for Justice, Equality and Law Reform if he has received a request from the Garda authorities for the provision of a 24-hour Garda station to serve the towns of Maynooth, Leixlip and Celbridge in north Kildare; and if he will make a statement on the matter. [22912/04]

I have been informed by the Garda authorities that there are currently no plans to establish a 24-hour Garda station for the area of Maynooth, Leixlip and Celbridge.

The position with regard to 24-hour cover for Maynooth, Leixlip and Celbridge is as outlined in my response to the Deputy's question of 6 April 2004 on this subject.

Garda Deployment.

Gay Mitchell

Question:

1165 Mr. G. Mitchell asked the Minister for Justice, Equality and Law Reform if measures have been taken by the gardaí to protect persons (details supplied) in Dublin 10 and their family home from attack by youths; and if he will make a statement on the matter. [22947/04]

I have made inquiries with the Garda authorities regarding this matter. I am informed that Garda investigations are ongoing into complaints made by the person in question, and a liaison garda has been appointed as a direct contact between the Garda authorities and the person concerned. I also understand that the person in question has been made aware of the services of Victim Support.

I am assured by local Garda management that the area referred to is regularly patrolled by uniformed gardaí, the divisional traffic unit and the community gardaí on foot and bicycle patrol with a view to ensuring a concentrated and visible Garda presence.

Asylum Applications.

John McGuinness

Question:

1166 Mr. McGuinness asked the Minister for Justice, Equality and Law Reform the progress in the case of persons (details supplied) in County Kilkenny; and if a decision in the case will be expedited. [22948/04]

As the Deputy will be aware, under the Refugee Act 1996, two independent statutory offices were established to consider applications or appeals for refugee status and to make recommendations to the Minister for Justice, Equality and Law Reform on whether such status should be granted.

These two offices are the Office of the Refugee Applications Commissioner, which considers applications for a declaration as a refugee at first instance, and the Refugee Appeals Tribunal, which considers applications for a declaration at appeal stage.

A final decision will be made in this case upon receipt of the decision of the Refugee Appeals Tribunal.

John McGuinness

Question:

1167 Mr. McGuinness asked the Minister for Justice, Equality and Law Reform the progress in the case of a person (details supplied) in County Kilkenny. [22949/04]

As the Deputy will be aware, under the Refugee Act 1996 two independent statutory offices were established to consider applications or appeals for refugee status and to make recommendations to the Minister for Justice, Equality and Law Reform on whether such status should be granted.

Those two offices are the Office of the Refugee Applications Commissioner, which considers applications for a declaration as a refugee at first instance, and the Refugee Appeals Tribunal, which considers applications for a declaration at appeal stage.

A final decision will be made in this case upon receipt of the decision of the Refugee Appeals Tribunal.

Citizenship Applications.

John McGuinness

Question:

1168 Mr. McGuinness asked the Minister for Justice, Equality and Law Reform if a decision will be expedited in the case of a person (details supplied) in County Kilkenny; and if he will make a statement on the matter. [22950/04]

The application referred to by the Deputy is one of over 6,600 such applications received in my Department since the start of 2003. The average processing time for such applications is approximately 24 months at present. Officials in the citizenship section of my Department have informed me that they are now processing applications received at the start of 2003 and that it is likely to be the latter part of 2005 before the application of the person concerned is reached.

Owing to the volume of applications on hand, applications are usually dealt with in chronological order, unless there are very exceptional circumstances in a particular case for finalising it earlier. I will give consideration to the matters raised by the Deputy and will communicate with him directly in the near future.

Legislative Programme.

Pat Rabbitte

Question:

1169 Mr. Rabbitte asked the Minister for Justice, Equality and Law Reform if the approval of the Attorney General was sought by his Department in regard to the subcontracting out to private firms of the drafting of legislation; the number of occasions on which such consent was given; if the Attorney General is satisfied with the drafting of legislation outside of his office; and if he will make a statement on the matter. [22726/04]

I can inform the Deputy that my Department has not sought to have legislation drafted by private firms outside of the Office of the Attorney General and has no plans to do so at this time.

Prison Accommodation.

Dan Boyle

Question:

1170 Mr. Boyle asked the Minister for Justice, Equality and Law Reform the cost to date of maintaining Fort Mitchel Prison, since his decision to remove inmates and prison staff. [22960/04]

In the period from the date of the last prisoner transfer, which was on 10 February 2004, to the end of August 2004, the Irish Prison Service incurred both pay and non-pay costs in maintaining Fort Mitchel.

During that period, six staff were assigned to specific maintenance duties. The payroll costs for those staff amounts to €170,000 approximately. Maintenance costs for the same period amount to €56,000 approximately.

Prison Staff.

Dan Boyle

Question:

1171 Mr. Boyle asked the Minister for Justice, Equality and Law Reform if staff in all categories from Fort Mitchel Prison are now employed elsewhere in the Prison Service. [22961/04]

All staff assigned to Fort Mitchel place of detention on the date of its closure on 10 February 2004 have been temporarily redeployed to other prison institutions, with the exception of a small number of staff, mainly comprised of trades and specialists' grades.

Water and Sewerage Schemes.

Paddy McHugh

Question:

1172 Mr. McHugh asked the Minister for the Environment, Heritage and Local Government if he will give approval for a project (details supplied) in County Galway to proceed to construction stage. [23048/04]

Denis Naughten

Question:

1204 Mr. Naughten asked the Minister for the Environment, Heritage and Local Government if he has received a copy of the preliminary report on the development of a sewerage scheme for the village of Creggs, County Galway; and if he will make a statement on the matter. [21634/04]

I propose to take Questions Nos. 1172 and 1204 together.

A preliminary report for a Creggs sewerage scheme was received by my Department from Galway County Council in 1999 but has not been approved. The scheme is fourth in the list of sewerage schemes submitted by the council in response to my Department's request to local authorities in 2003 to produce updated assessments of the needs for capital works in their areas and to prioritise their proposals on the basis of the assessments. The assessments were taken into account in the framing of the water services investment programme for 2004 to 2006, which was published last May. Given the priority ranking afforded to the scheme by the council, it has not been possible to include it in the programme.

Greenhouse Gas Emissions.

Eamon Gilmore

Question:

1173 Mr. Gilmore asked the Minister for the Environment, Heritage and Local Government if his Department has undertaken an assessment of the implications for the commitments made by this country under the Kyoto agreement in regard to the reduction of greenhouse gas emissions of the decision not to proceed with the planned carbon tax; if Ireland’s current emissions are double the limit set under Kyoto; the steps he intends to take to ensure that commitments under Kyoto are met; and if he will make a statement on the matter. [22812/04]

Following an examination of the carbon tax proposal, including an extensive public consultation, the Government concluded that such a tax was not an appropriate policy option for the purpose of achieving greenhouse gas emissions reductions. A carbon tax was one option only in the Government's overall response to Ireland's commitment under the Kyoto Protocol to limit emissions of greenhouse gases to 13% above 1990 levels. It was estimated that a carbon tax would have contributed just over 0.5 million tonnes of emissions reductions towards a total reduction requirement of 9.2 million tonnes per annum during the first commitment period under the protocol of 2008 to 2012. Alternative policy options, focusing on non-tax measures in the national climate change strategy, are being examined with a view to achieving the necessary emissions reductions and ensuring compliance with the Kyoto Protocol.

Preliminary figures released by the Environmental Protection Agency in July 2004 indicate that emissions in 2003 were 24.7% above 1990 levels, down from approximately 29% in 2002 and 31% in 2001. Those figures indicate that significant progress is being made towards the target of 13% above 1990 levels. The national climate change strategy will continue to underpin the Government's approach to achieving the further reductions required.

Election Management System.

Tony Gregory

Question:

1174 Mr. Gregory asked the Minister for the Environment, Heritage and Local Government his plans to improve the accuracy of the electoral register and to put in place a system of identification of voters, for example, by way of the PPS number, to eliminate personation; and if he will make a statement on the matter. [22829/04]

The compilation and publication of the register is a matter for each registration authority in accordance with electoral law and involves the carrying out of house-to-house or other local inquiries, including in many cases delivering registration forms to households for completion. The draft register is published on 1 November each year and is made available for examination at post offices, public libraries, Garda stations, courthouses and local authority offices up to 25 November. The public are invited, through national and local advertising campaigns, to check the draft during the period to make sure that they are correctly registered and to bring errors or omissions in the draft to the attention of the registration authority. The final register is published on 1 February and comes into force for a year on 15 February.

There have been several changes in recent years which serve to improve the accuracy of the register. The Electoral (Amendment) Act 2001 includes provisions to allow persons who have moved residence to another constituency or to another electoral area in a constituency during the currency of a register, or who will reach 18 years on or before polling day, to apply for entry in the supplement to the register. It also provides that persons who are unable to vote in their constituency because of their employment by a returning officer in another constituency on polling day are eligible to apply for entry in the supplement to the postal voters list.

Regarding personation, there are extensive measures in place under existing electoral law. The returning officer or the presiding officer may of his or her own volition, or if so requested by a personation agent present in the polling station, request any person applying for a ballot paper to produce a specified identification document. If a person fails to produce such a document, or if the returning officer or the presiding officer is not satisfied that the person is the person to whom the document relates, he or she is not permitted to vote. Returning officers or presiding officers may also, or, if so requested by a personation agent, shall, put certain questions or administer an oath or affirmation to persons applying for a ballot paper. Electoral law also sets out a range of offences and penalties regarding personation, including a new offence provided for under the Electoral (Amendment) Act 2004 for the unlawful possession of a polling information card.

In the final analysis, the preparation of an accurate register relies to a significant extent on the co-operation of the public in completing registration forms, examining the draft register and bringing any errors to notice. Similarly, the prevention of personation relies on the vigilance of polling staff and personation agents present in the polling station and the deterrent effect of committing an electoral offence.

I am concerned to ensure that the legislative and administrative arrangements in place regarding those issues are as flexible as possible while maintaining the security and integrity of the electoral process. I will continue to keep current practice, including the scope for further improvements, under review.

Planning Issues.

Jerry Cowley

Question:

1175 Dr. Cowley asked the Minister for the Environment, Heritage and Local Government if he will consider the introduction of a national rural planning monitoring committee and local monitoring committees based on the group water scheme monitoring system; and if he will make a statement on the matter. [22828/04]

My Department has received a joint proposal from the Irish Rural Dwellers' Association and the Royal Institute of Architects in Ireland regarding the establishment of a national planning monitoring committee. The functions of the proposed committee would be to advise on matters relating to planning and to monitor the implementation of Government policies and guidelines; to advise on generic problems and issues on identification by users of the system; to monitor the implementation of the development control guidelines and a proposed planning charter which it is also proposed to draft; to monitor performance standards of planning authorities as identified in their annual reports; and to advise on good planning practice. Officials in my Department will meet with representatives of the Irish Rural Dwellers' Association and the Royal Institute of Architects in Ireland in the coming weeks to discuss their proposal.

My Department is already working on several initiatives to improve the performance of planning authorities in implementing the planning code. My Department has issued planning guidelines on a wide range of policy issues, including in 2004, guidelines on quarries and ancillary activities and draft wind energy development guidelines.

Consultation is also underway on proposed planning and development regulations. Those amend certain provisions of the 2001 planning regulations to provide for greater streamlining of the planning service and to introduce a standard planning application form. That should help to ensure a consistent level of service across planning authorities as well as underpinning the delivery of electronic planning. My Department is also in the process of drafting new development management guidelines which will offer guidance on best practice in processing planning applications. Performance indicators for planning authorities are also being drawn up to build on the success of the local government service indicators published earlier this year. Those initiatives should help to ensure that planning authorities deliver an efficient and customer-orientated planning system.

Election Management System.

Bernard Allen

Question:

1176 Mr. Allen asked the Minister for the Environment, Heritage and Local Government if he proposes to revise the regulations regarding elections which preclude members of the Defence Forces from running for election. [21239/04]

There are no proposals to amend the law in this regard.

Internal Audit Reports.

Bernard Allen

Question:

1177 Mr. Allen asked the Minister for the Environment, Heritage and Local Government the number of internal audit reports completed within his Department since January 2001; the title of each completed report; the number of audit reports being carried out at the present time; the title of same; and the type of audit reports that need to be carried out to comply with regulations. [21240/04]

Information relating to internal audit reports completed and under way in my Department is set out in the following table. The Department's internal audit unit carries out a programme of internal audits in the Department to provide assurance for the Accounting Officer on the existence, adequacy and effectiveness of the Department's internal control systems. This unit also has a responsibility to carry out systems audits of EU co-funded operations managed by the Department as required by Article 10 of European Commission Regulation 438/2001. The unit also carries out certain verification checks on EAGGF expenditure declarations.

Audits Completed

Year Completed

1.

Local Government Fund

2001

2.

Nenagh By-Pass (Cohesion Fund)

2001

3.

Lough Derg Water Quality Improvement Scheme (Cohesion Fund)

2001

4.

Lough Gill Regional Water Supply Scheme (Cohesion Fund)

2001

5.

Non-National Roads Measure S1 (Transport Operational Programme)

2001

6.

Village Renewal Measure 3 Sub-Programme 3 (Operational Programme for Local Urban and Rural Development)

2001

7.

Municipal Waste Measure 2 Sub-Programme 2 (Environmental Services Operational Programme)

2001

8.

River Liffey Catchment Plan Stage1 (Cohesion Fund)

2002

9.

National Water Conservation Project (Cohesion Fund)

2002

10.

Urban Conservation Measure 4 Sub-Programme 3 (Operational Programme for Local Urban and Rural Development)

2002

11.

Integrated Network Improvements Measure N2 (Transport Operational Programme)

2002

12.

Dublin Transport Initiative Measure S2 (Transport Operational Programme)

2002

13.

Dublin Regional Waste Water Treatment Stage V (Cohesion Fund)

2003

14.

Rural Water Measure of the Local Infrastructure Priority of the Border, Midlands and Western Regional Operational Programme

2003

15.

Rural Water Measure of the Local Infrastructure Priority of the Southern and Eastern Regional Operational Programme

2003

16.

Examination of Waste Disposal Practices in Non-Office Properties of the Department.

2003

17.

Waste Management Measure of the Local Infrastructure Priority of the Border, Midlands and Western Regional Operational Programme

2003

18.

Waste Management Measure of the Local Infrastructure Priority of the Southern and Eastern Regional Operational Programme

2003

19.

Non-National Roads Measure of the Local Infrastructure Priority of the Border, Midlands and Western Regional Operational Programme

2004

20.

Non-National Roads Measure of the Local Infrastructure Priority of the Southern and Eastern Regional Operational Programme

2004

21.

Cork Main Drainage Scheme (Cohesion Fund)

2004

22.

Building Better Communities — Measure 3.3 (PEACE II Operational Programme)

2004

23.

Improving our Rural Communities — Measure 3.4 (PEACE II Operational Programme)

2004

24.

Review of Stores Management in Killarney National Park

2004

25.

Review of Stores Management System*

2001

26.

Audit of Dúchas Heritage Sites*

2002

Name of Audit currently under way

1.

Waste Water Measure of the Environment Infrastructure Priority of the Economic and Social Infrastructure Operational Programme

*This audit was conducted by the Internal Audit Unit of the former Department of the Arts, Heritage, Gaeltacht and the Islands but responsibility for this area now resides in the Department of the Environment, Heritage and Local Government.

Local Authority Projects.

John McGuinness

Question:

1178 Mr. McGuinness asked the Minister for the Environment, Heritage and Local Government, further to Parliamentary Question No. 432 of 6 July 2004, the date on which he learned of the changed plans of the local authority in respect of the project; the date on which he wrote to the local authority requesting a full report on the matter; if the report will deal with all aspects of the purchase and disposal to determine whether standard procedures were followed and the State secured value for money in respect of the disposal of the site; if the final report will be made public; and if he will make a statement on the matter. [21256/04]

Following this matter being raised by the local government auditor in March 2004 officials of my Department entered into correspondence with the local authority with regard to the car park concerned in this matter. It was as a result of these inquiries regarding the grant that officials of my Department ascertained in April this year that the €63,500 contribution towards car parking facilities at Trim Castle was used towards the provision of a temporary car park and that the area of the temporary car park has since been sold to a private developer.

Since then my Department has sought further information in correspondence with the town council through which it is intended that a resolution of this matter will be achieved. The local government auditor will make his report on the matter in due course and this report will be duly considered by my Department.

Services for People with Disabilities.

Bernard Allen

Question:

1179 Mr. Allen asked the Minister for the Environment, Heritage and Local Government the steps he proposes to take to ensure the safety of persons with vision impairments and the way in which he will ensure that city and county councils implement the strictest adherence to their street furniture guidelines. [21287/04]

My Department's outline sectoral plan under the Disability Bill, which was published with the Bill last week, provides that each local authority will, within six months of the approval of the plan by the Oireachtas, carry out an accessibility audit of all public buildings, public parks, amenities and open spaces, roads and streets, pavements and pedestrian crossings, heritage sites, public libraries, polling stations and harbours within its control and identify what remedial action is necessary to make these buildings, etc. accessible for people with disabilities.

In relation to roads, streets and footpaths, as stated in the outline sectoral plan, my Department's revised memorandum on grants for non-national roads of 5 February 2001 urges local authorities to pay particular attention to the needs of the mobility-impaired, including the visually impaired, when planning and executing road works and particularly the planning and designing of pedestrian facilities. The traffic management guidelines jointly published in May 2003 by my Department, the Department of Transport and the Dublin Transportation Office, contain guidelines on bus stop design and on the design of crossing facilities for mobility and sensory impaired people. My Department will, when amending and updating the memorandum on grants for non-national roads, ask local authorities to ensure that bus stops and pedestrian crossing facilities in all future non-national road schemes being planned or executed by local authorities adhere to the layouts contained in the traffic management guidelines.

Section 254 of the Planning and Development Act, 2000, which restated section 89 of the 1963 Local Government (Planning and Development) Act, provides for a licensing system for the placing of various structures and appliances on, under, over or along a public road. Tables and chairs outside a hotel, restaurant, public house or other establishment where food is sold for consumption on the premises are prescribed as requiring a licence under this section. The decision as to whether to grant a licence is a matter for the relevant planning authority, and such a licence may include conditions in relation to location and design.

Local Authority Housing.

Gay Mitchell

Question:

1180 Mr. G. Mitchell asked the Minister for the Environment, Heritage and Local Government when funding will be made available to Dublin City Council to complete the programme of installing central heating in tenancy houses; and if he will make a statement on the matter. [21295/04]

Fergus O'Dowd

Question:

1242 Mr. O’Dowd asked the Minister for the Environment, Heritage and Local Government if he will make a statement on the allocation of funds by his Department for the installation of central heating by local authorities, including the amount allocated to each local authority. [22271/04]

I propose to take Questions Nos. 1180 and 1242 together.

Applications have been received from some 70 local authorities under my Department's 2004 central heating programme for local authority rented dwellings. The following applications by authorities for funding under the scheme have been approved to date:

Local Authority

Allocation €

City Councils

Cork

500,000

Dublin

500,000

Galway

280,000

Waterford

500,000

Borough Councils

Drogheda

112,000

Kilkenny

200,000

Wexford

150,000

County Councils

Carlow

100,000

Cavan

200,000

Clare

200,000

Cork (North)

150,000

Cork (South)

200,000

Donegal

200,000

Dún Laoghaire — Rathdown

300,000

Fingal

300,000

Galway

200,000

Kerry

200,000

Kilkenny

200,000

Laois

200,000

Leitrim

150,000

Limerick

120.000

Longford

200,000

Meath

200,000

Monaghan

200,000

North Tipperary

120,000

Offaly

200,000

Roscommon

200,000

Sligo

200,000

South Tipperary

200,000

Waterford

200,000

Westmeath

200,000

Wexford

200,000

Wicklow

200,000

Town Councils

Arklow

50,000

Ballina

120,000

Ballinasloe

100,000

Birr

100,000

Decisions will issue in respect of the remaining applications as soon as possible.

The above table includes an allocation of €500,000 made to Dublin City Council to assist its ongoing programme of installing central heating in tenancy houses.

Environmental Policy.

Ciarán Cuffe

Question:

1181 Mr. Cuffe asked the Minister for the Environment, Heritage and Local Government if he has plans to introduce a tax on virgin paper. [21302/04]

A tax on virgin paper is not under consideration. A range of alternative measures to promote the recycling of paper are already in place and the available data show that these are having a significant impact. These measures include the progressive roll-out of segregated household collection of dry recyclables, or kerbside green bin collection services, to over 560,000 households, or some 42% of all households in the State — it is estimated that newsprint and other paper waste accounts for over 50% of the material being collected from households via the green bin collection service; a public service waste management programme which is currently being prepared and which will ensure that all public authorities will routinely use recycled paper; a producer responsibility initiative, PRI, which is currently being developed in consultation with relevant stakeholders to facilitate increased recovery of newsprint; a feasibility study under the auspices of the North South Market Development Group, NSMDG, on the development and assessment of paper mill options for the island of Ireland.

National waste statistics are published at three-yearly intervals by the EPA. The most recent national waste database report in respect of 2001, which was published in July 2003, estimated that out of total paper waste arisings of 804,411 tonnes in that year, 166,305 tonnes, 21%, were recycled. This is an increase from 94,302 tonnes, or15%, in 1998. These figures indicate that significant progress is being made in paper recycling. All the indications are that the recycling position has improved even further since 2001 arising from the implementation of the local and regional waste management plans.

Election Management System.

Eoin Ryan

Question:

1182 Mr. Eoin Ryan asked the Minister for the Environment, Heritage and Local Government the rules and regulations that are in place on how a candidate describes their occupation on the ballot paper. [21404/04]

Under electoral law, a nomination paper must state the name, address and occupation, if any, of the candidate and a ballot paper must contain the name and description of a candidate standing nominated as shown in the nomination paper. In ruling on the validity of a nomination paper, a returning officer, inter alia, must object to the description of a candidate which is, in his or her opinion, incorrect, insufficient to identify the candidate or unnecessarily long or which contains a political reference other than, where appropriate, to a public or elected office held or formerly held by the candidate or to a registered political party or to the fact that the person is a non-party candidate.

Housing Grants.

Pat Carey

Question:

1183 Mr. Carey asked the Minister for the Environment, Heritage and Local Government if he will establish with each local authority in the country the number of their housing units let to tenants for 30 years or more; and if he will make a statement on the matter. [21410/04]

The information sought is not readily available and its compilation would involve a disproportionate amount of time and work.

Overhead Cables.

Richard Bruton

Question:

1184 Mr. R. Bruton asked the Minister for the Environment, Heritage and Local Government if he will introduce obligations on utility companies to gradually eliminate overhead cables from built up urban areas where they are an unsightly intrusion on the amenity of the area; and if he will make a statement on the matter. [21413/04]

There are no powers which would permit my Department to impose compulsory obligations concerning the elimination of overhead cables. Under the EU co-financed urban and village renewal measure of the regional operational programmes, my Department provides grant assistance towards the cost of upgrading measures in towns and villages throughout the country. In many instances, these measures include the placing underground of overhead wirescapes.

Water and Sewerage Schemes.

Jimmy Deenihan

Question:

1185 Mr. Deenihan asked the Minister for the Environment, Heritage and Local Government the position regarding the provision of a sewerage scheme for the village of Finuge, County Kerry; and if he will make a statement on the matter. [21458/04]

Jimmy Deenihan

Question:

1186 Mr. Deenihan asked the Minister for the Environment, Heritage and Local Government the position regarding the provision of a sewerage scheme for Asdee, County Kerry; and if he will make a statement on the matter. [21459/04]

I propose to take Questions Nos. 1185 and 1186 together.

Finuge and Asdee are elements of the Kerry villages sewerage scheme which is included in my Department's water services investment programme 2004-2006 as a scheme to commence construction in 2006, at an estimated cost of €8.3 million. I understand that Kerry County Council is preparing a brief for the appointment of consultants to draw up a preliminary report for the scheme.

Environmental Policy.

Trevor Sargent

Question:

1187 Mr. Sargent asked the Minister for the Environment, Heritage and Local Government his plans to ensure that all manufacturers of cigarette brands here produce filter tipped cigarettes that have filters which are biodegradable. [21479/04]

While the range of options for combating litter are maintained under constant review, there are no proposals, at this stage, to introduce a requirement on the lines referred to in the question.

EU Directives.

Trevor Sargent

Question:

1188 Mr. Sargent asked the Minister for the Environment, Heritage and Local Government the progress being made towards the transposition of the directive on national emission ceilings for certain pollutants, No. 2001/81/EC; and the resources in place to ensure enforcement. [21480/04]

Following public consultation in 2003, I intend to seek Government approval later this year for a draft strategy to reduce emissions of transboundary air pollution by 2010, and to publish this finalised strategy. In the context of the strategy preparations, 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. A number of other relevant measures are already being actively pursued under existing and planned legislation and policies, including cleaner fuels and vehicles, integrated pollution control licensing, organic solvent emissions reduction and a voluntary agreement with the solid fuel industry. I have also submitted a national emission reduction plan for large combustion plant to the European Commission for assessment. The plan, under Directive 2001/80/EC on the limitation of emissions of certain pollutants from large combustion plant 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.

Trevor Sargent

Question:

1189 Mr. Sargent asked the Minister for the Environment, Heritage and Local Government the progress being made towards the transposition of the directive on ozone in ambient air, No. 2002/3/EC; and the resources in place to ensure enforcement. [21481/04]

The ozone in ambient air regulations, 2004, which transpose Directive 2002/3/EC, were signed on 11 February 2004. Under these regulations, the directive will be implemented and enforced by the Environmental Protection Agency.

Trevor Sargent

Question:

1190 Mr. Sargent asked the Minister for the Environment, Heritage and Local Government the progress being made towards the transposition of the directive on a framework for Community action in the field of water policy, No. 2000/60/EC; and the resources in place to ensure enforcement. [21482/04]

The EU water framework directive, WFD, 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 WFD 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 under way by my Department, the Environmental Protection Agency, 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, RBDs, including the adoption of river basin management plans as required by 2009.

The WFD has been transposed into national law by the European Communities (Water Policy) Regulations 2003 which were made on 22 December 2003. The regulations assign responsibilities to the Minister for the Environment, Heritage and Local Government, the Environmental Protection Agency, local authorities and other public authorities for carrying out the main tasks required by the WFD in accordance with the timescales laid down by the directive. Similar regulations were made by the relevant authorities in Northern Ireland on the same day.

The regulations specify the following tasks for completion in 2004: the protection of the status of all waters — that is, no deterioration to be allowed; the establishment of RBDs as the administrative areas for implementation of the directive, including international RBDs in relation to cross-Border river basins; the co-ordination of actions by all relevant public authorities for water quality management in an RBD including cross-Border RBDs; the characterisation of each RBD; the establishment of environmental objectives for each RBD and the development of a programme of measures to achieve those objectives; the development and adoption in each RBD of a river basin management plan; provision of reports to the European Commission as required; identification of pressures and impacts; carrying out of an economic analysis of water use; definition of reference conditions for good water status; identification of locations and boundaries of water bodies; establishment of a register of protected areas.

Work is in hand by my Department, the Environmental Protection Agency, local authorities and a range of other bodies to complete the specified tasks by the prescribed deadlines. The work is being progressed in a wide range of initiatives and activities including river basin district projects; research projects; inter-authority working groups and technical advisory committees operating at the following levels: river basin district, national level, North-South, Ireland-United Kingdom, European Union.

Financial support at a rate of 100% is being provided by my Department in relation to expenditure incurred by local authorities in establishing river basin district projects. Overall WFD implementation costs up to the end of 2006 to be funded by my Department are estimated at €55 million. River basin district projects have been established for the south-eastern region — Barrow, Nore, Suir, Slaney river basins and others — approved March 2002, operational since September 2002; Shannon river basin, approved November 2002, operational since January 2003; eastern region — Avoca-Vartry, Boyne, Nanny, Dartry, Dodder and Liffey — approved April 2003, operational since June 2003; western region — Loughs Arrow, Carrowmore, Conn, Corrib and Mask, river systems such as the Bonet, Clare, Robe, Moy and Owenmore — approved March 2004, operational since April 2004.

In January 2004 a project was approved in principle for the establishment of a river basin district project in relation to the south western region — Bandon; Blackwater, Munster; Lee and Laune and the Lakes of Killarney. Formal approval of this project is expected to be granted in the near future.

The North-South shared aquatic resource, NS-SHARE, now forms an important element for implementation of the WFD in cross-Border areas and for North-South co-operation in the international river basin districts, IRBDs, designated under the WFD. The project is intended to develop and implement working tools for water management in relation to shared waters in the Neagh Bann IRBD, the north western IRBD and the north eastern RBD and to make recommendations for their use in support of improved inter-regional capacity for environmental monitoring and management. Donegal County Council acting as the lead agency submitted a proposal for funding of the NS-SHARE project under the EU INTERREG IIIA programme. The project was given final approval by the INTERREG IIIA steering committee in April 2004. Consultants have now been appointed and the project commenced on 1 August 2004.

In total there are eight river basin districts on the island of Ireland, four of which are wholly in the Republic, one wholly in Northern Ireland and three shared cross-Border districts. The whole picture will be completed shortly by the commencement of additional projects specifically in relation to coastal and marine waters.

The transposing regulations require the establishment by local authorities of an advisory council in each river basin district. These councils are intended to provide a permanent, structured framework for dialogue between the relevant authorities and interested parties. The membership of the councils will comprise local authority members and representatives of sectors such as agriculture, industry, and environmental NGOs. Guidelines for the establishment of the advisory councils are being prepared in my Department and draft guidelines were issued for public consultation on 30 June 2004 with comments requested by end-August 2004.

My Department presented a seminar on 30 June 2004 in relation to implementation of the water framework directive. The seminar provided a forum for consultation, exchange of information and dialogue with all interested parties in relation to the measures being pursued for implementation of the directive. In addition, a website, www.wfdireland.ie, has been developed to facilitate public access to information on the implementation of the directive and measures are being taken to promote and facilitate participation by all interested persons.

Trevor Sargent

Question:

1191 Mr. Sargent asked the Minister for the Environment, Heritage and Local Government the progress being made towards the transposition of assessment of certain plans and programmes on the environment, SEA Directive 2001/42/EC; and the resources in place to ensure enforcement. [21483/04]

The European Communities (Environmental Assessment of Certain Plans and Programmes) Regulations2004 and the Planning and Development (Strategic Environmental Assessment) Regulations 2004 were made by me on 14 July 2004. These transpose into Irish law the requirements of Directive 2001/42/EC of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment commonly known as the strategic environmental assessment, SEA, directive.

The making of these regulations ensured that Ireland met the directive's transposition deadline of 21 July 2004. I had already issued draft guidelines for regional and planning authorities in March 2004 to assist them in implementing the requirements of the directive. The draft guidelines are currently being revised to take account of the submissions received during the consultation phase. I intend to publish the final guidelines shortly. A number of seminars have been held, and further seminars are planned, to assist competent authorities in implementing the requirements of the directive.

Trevor Sargent

Question:

1192 Mr. Sargent asked the Minister for the Environment, Heritage and Local Government the progress being made towards the transposition of the directive on measures against the emission of gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile machinery 2002/95/EC; and the resources in place to ensure enforcement. [21485/04]

Regulations for the purpose of transposing Directive 2002/95/EC and a related 2004 directive are being drafted and will be finalised as soon as possible. Enforcement considerations are being addressed in the drafting of the regulations.

Trevor Sargent

Question:

1193 Mr. Sargent asked the Minister for the Environment, Heritage and Local Government the progress being made towards the transposition of the directive on restriction of the use of certain hazardous substances in electrical and electronic equipment, No. 2002/95/EC; and the resources in place to ensure enforcement. [21486/04]

It is intended to make regulations early in 2005 fully transposing this directive's provisions and facilitating its full implementation in July 2006 as required. My Department is actively engaging with relevant stakeholders to facilitate the effective implementation and enforcement of the proposed regulations.

Trevor Sargent

Question:

1194 Mr. Sargent asked the Minister for the Environment, Heritage and Local Government the progress being made towards the transposition of the directive on waste electrical and electronic equipment, No. 2002/96/EC; and the resources in place to ensure enforcement. [21487/04]

It is intended to make regulations early in 2005 fully transposing this directive's provisions and facilitating its full implementation in August 2005 as required. My Department is actively engaging with relevant stakeholders to facilitate the effective implementation and enforcement of the regulations.

Trevor Sargent

Question:

1195 Mr. Sargent asked the Minister for the Environment, Heritage and Local Government the progress being made towards the transposition of the directive on end-of-life vehicles, No. 2000/53/EC; and the resources in place to ensure enforcement. [21488/04]

Enabling provisions to facilitate implementation of European Parliament and Council Directive 2000/53/EC on end-of-life vehicles 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.

Trevor Sargent

Question:

1196 Mr. Sargent asked the Minister for the Environment, Heritage and Local Government the progress being made towards the transposition of the directive on establishing a scheme for greenhouse gas emissions allowance trading within the Community, No. 2003/87/EC; and the resources in place to ensure enforcement. [21489/04]

The European Communities (Greenhouse Gas Emissions Trading) Regulations 2004, which transpose Directive 2003/87/EC, were made on 14 July 2004. Under the regulations, the Environmental Protection Agency is the competent authority for the purposes of the directive.

Planning Issues.

Breeda Moynihan-Cronin

Question:

1197 Ms B. Moynihan-Cronin asked the Minister for the Environment, Heritage and Local Government the amount accrued to each of the local authorities since the introduction of the €20 fee charged on those making submissions or objections to planning applications; if he would consider abolishing this charge in the light of legal objections from the EU; and if he will make a statement on the matter. [21502/04]

Paudge Connolly

Question:

1218 Mr. Connolly asked the Minister for the Environment, Heritage and Local Government if he proposes to abolish the €20 fee for representations or comments on planning applications; and if he will make a statement on the matter. [21859/04]

Paudge Connolly

Question:

1219 Mr. Connolly asked the Minister for the Environment, Heritage and Local Government the amount of revenue generated for Monaghan County Council by the €20 planning representation fee since its introduction; and if he will make a statement on the matter. [21860/04]

Paudge Connolly

Question:

1220 Mr. Connolly asked the Minister for the Environment, Heritage and Local Government the amount of revenue generated for Cavan County Council by the €20 planning representation fee since its introduction; and if he will make a statement on the matter. [21861/04]

Paudge Connolly

Question:

1221 Mr. Connolly asked the Minister for the Environment, Heritage and Local Government the amount of revenue generated nationally by the €20 planning representation fee since its introduction; and if he will make a statement on the matter. [21862/04]

I propose to take Questions Nos. 1197 and 1218 to 1221, inclusive, together.

The planning and development regulations 2001 provide for the payment of a €20 fee for making a submission on a planning application made after 11 March 2002. The amount received nationally in 2002 was €252,197 and in 2003, €542,938. The following table shows the amount received by county and city councils in fees for submissions in 2002 and 2003, based on returns made by each authority. Fees received by town councils are included in the overall county area.

The primary purpose of the fee is to contribute towards the enhanced service now required to be provided by planning authorities for persons who make submissions. The 2000 Act made a number of important changes to increase the rights of third parties in the planning process, for example, planning authorities are for the first time statutorily obliged to consider submissions made in relation to planning applications, including applications accompanied by an environmental impact statement. A person who lodges a submission or observation on a planning application also has a legal entitlement to lodge a third party appeal to An Bord Pleanála.

On 23 January 2003, the European Commission issued Ireland with a reasoned opinion to the effect that the €20 fee for the making of a submission on a planning application which requires environmental impact assessment is contrary to the public participation provisions of Directive 85/337/EEC on environmental impact assessment, EIA. A reply issued to the European Commission on 16 May 2003, responding to each of the points raised in the reasoned opinion and setting out our contention that the imposition of a €20 participation fee is not in conflict with the provisions of the directive.

On 22 July 2003, the European Commission issued a press release in which it stated its intention to refer the case to the European Court of Justice. No official communication has been received from the Commission to date. I have no plans to amend the relevant regulations which reflect an approach endorsed by the Oireachtas in the context of the Planning and Development Act 2000.

Fees for submissions/observations

2002

2003

County Council

Carlow

1,720

4,920

Cavan

3,040

8,530

Clare

7,100

10,305

Cork

14,600

34,950

Donegal

8,972

13,812

Dún Laoghaire-Rathdown

30,240

55,130

Fingal

7,997

25,299

Galway

4,478

15,416

Kerry

17,712

18,862

Kildare

14,600

25,260

Kilkenny

3,540

8,160

Laois

1,460

3,745

Leitrim

1,270

2,180

Limerick

5,630

14,410

Longford

4,794

1,920

Louth

10,160

12,173

Mayo

4,000

10,900

Meath

14,797

20,030

Monaghan

2,160

13,396

North Tipperary

2,360

5,172

Offaly

2,130

3,880

Roscommon

2,760

5,028

Sligo

2,300

6,505

South Dublin

24,556

64,537

South Tipperary

3,980

7,424

Waterford

2,360

11,430

Westmeath

2,911

6,560

Wexford

4,360

14,268

Wicklow

6,360

20,228

City Council

Cork

8,020

17,200

Dublin

24,540

63,057

Galway

3,080

7,311

Limerick

2,520

6,000

Waterford

1,690

4,940

Total

252,197

542,938

Local Authority Housing.

Breeda Moynihan-Cronin

Question:

1198 Ms B. Moynihan-Cronin asked the Minister for the Environment, Heritage and Local Government the number of local authority house starts in County Kerry each year from 1997 to 2004; the number of completions in that category in the same period; and if he will make a statement on the matter. [21503/04]

Detailed information on the number of local authority houses started and completed each year is published in my Department's annual housing statistics bulletin, copies of which are available in the Oireachtas Library. It is estimated that there will be 170 local authority house starts and 120 completions in County Kerry this year.

Local Authority Staff.

Arthur Morgan

Question:

1199 Mr. Morgan asked the Minister for the Environment, Heritage and Local Government the criteria that must be met for retained fire officers to qualify for one-in-eight gratuity payments on retirement; the reason some retired retained fire officers have already received the one-in-eight payment but others, having served in the same station, have not; and if he will make a statement on the matter. [21581/04]

The operation of the retirement gratuity scheme is a matter for each local authority. The gratuity is not payable to those retiring with less than eight years service, while the maximum payable to eligible fire officers is four times the inclusive annual retainer in the last year of service.

Fire Stations.

Arthur Morgan

Question:

1200 Mr. Morgan asked the Minister for the Environment, Heritage and Local Government the number of retained fire stations which are operational in the State. [21583/04]

According to the latest information supplied by local fire authorities to my Department, the total number of operational retained fire stations at 31 December 2003 was 202. In addition, there were three fire stations which had both full-time and retained fire fighters. The staffing of fire stations is a matter for the relevant fire authority and my Department has no function in the matter.

Rural Enviroment Protection Scheme.

Denis Naughten

Question:

1201 Mr. Naughten asked the Minister for the Environment, Heritage and Local Government further to Parliamentary Question No. 797 of 27 April 2004, the details of the agreement concerning Shannon callows; and if he will make a statement on the matter. [21603/04]

Both my Department and the Department of Agriculture and Food have continued to explore all options to resolve issues concerning levels of compensatory payment under the rural environmental protection scheme to farmers in the Shannon callows to the satisfaction of all concerned. I understand that new arrangements are being announced by my colleague the Minister for Agriculture and Food to deal with one aspect of the matter, and I hope that these will contribute to a satisfactory resolution.

Water and Sewerage Schemes.

Denis Naughten

Question:

1202 Mr. Naughten asked the Minister for the Environment, Heritage and Local Government if he will approve funding for the Ballyleague sewerage scheme, County Roscommon; and if he will make a statement on the matter. [21610/04]

The Roscommon towns and villages sewerage scheme, of which Ballyleague is an element, is included in my Department's water services investment programme 2004-06 as a scheme to commence construction in 2006. My Department is awaiting the submission by Roscommon County Council of a design review report for the scheme.

Serviced Land Initiative.

Denis Naughten

Question:

1203 Mr. Naughten asked the Minister for the Environment, Heritage and Local Government, further to Parliamentary Question No. 399 of 29 June 2004, if he will provide an update on the status of the application; and if he will make a statement on the matter. [21629/04]

Information received by my Department from Roscommon County Council earlier this month in relation to the council's revised proposals for the serviced land initiative scheme at Lanesboro Road, Roscommon, is under consideration and will be responded to as quickly as possible.

Question No. 1204 answered with QuestionNo. 1172.

Water and Sewerage Schemes.

Denis Naughten

Question:

1205 Mr. Naughten asked the Minister for the Environment, Heritage and Local Government if an application for funding submitted by Leitrim County Council for the development of the Rooskey sewerage scheme will be approved; the status of the application; and if he will make a statement on the matter. [21647/04]

Rooskey is an element of the Leitrim towns and villages sewerage scheme which is included in my Department's water services investment programme 2004-06 as a scheme to commence construction in 2005 at an estimated cost of €11.9 million. I approved the preliminary report for the scheme in January 2004, subject to a number of conditions. A brief for the appointment of consultants for the remaining stages of the scheme, which was received by my Department from Leitrim County Council on 22 September 2004, is under examination and will be dealt with as quickly as possible.

Denis Naughten

Question:

1206 Mr. Naughten asked the Minister for the Environment, Heritage and Local Government if a design review report on Killeglan Springs, submitted by Roscommon County Council, will be approved; if he will approve funding for the upgrading of the springs; and if he will make a statement on the matter. [21652/04]

The south Roscommon regional water supply scheme, which includes Killeglan Springs, is included in my Department's water services investment programme 2004-06 as a scheme to commence construction in 2005. The design review report for the scheme submitted by Roscommon County Council will be further considered on receipt of additional information requested from the council by my Department earlier this month.

Special Areas of Conservation.

Denis Naughten

Question:

1207 Mr. Naughten asked the Minister for the Environment, Heritage and Local Government the reason landowners with bogs designated as SACs prior to 2002, who agreed the original compensation payment, are now entitled to less compensation than those who settled after their bogs were designated in 2002; if landowners who had their bogs designated prior to 2002 and did not agree to a compensation payment to date, are eligible for the current rates of compensation or the early settlement bonus; and if he will make a statement on the matter. [21656/04]

Under the cessation of turf cutting scheme, operated by my Department, all sales of bogs and turbary rights are entered into voluntarily. All parties entering into an agreement prior to the new rates being announced agreed to the payments per acre applicable at that time. However, as an exceptional measure, covering a limited period of time, I have agreed that the new rates will be applied retrospectively by means of an additional ex gratia payment in respect of any earlier purchases of raised bogs included in the December 2002 designation proposals.

For bogs designated prior to 2002 the new additional incentive payment of up to €6,000 will be available retrospectively to those who have sold bogs-turbary to the Department. However, the IR£1,000, €1,270, incentive payment agreed in 1999, where already paid, will be deducted from the new additional payment.

Housing Grants.

Caoimhghín Ó Caoláin

Question:

1208 Caoimhghín Ó Caoláin asked the Minister for the Environment, Heritage and Local Government if he proposes to reform the disabled person’s housing grant as administered by local authorities; if funding will be provided to allow the grant to be increased to 100% of the cost of essential works; if a standard and fair procedure of application and allocation will be introduced across all local authorities, co-ordinated by his Department; and if he will make a statement on the matter. [21659/04]

John McGuinness

Question:

1247 Mr. McGuinness asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the fact that Kilkenny County Council applies a maximum of €3,200 in the grant available under the essential repairs to a house scheme; if he intends to review legislation in this area in order that the maximum grant be raised significantly and applied to every county; and if he will make a statement on the matter. [22430/04]

I propose to take QuestionsNos. 1208 and 1247 together.

The administration of the disabled person's and essential repairs grant schemes, including the processing of individual applications, is a matter for the local authorities. The framework for the operation of the schemes is laid down in statutory regulations and, as far as practicable, is designed to give an appropriate degree of flexibility to local authorities. It is a matter for the authorities to decide on the level of funding to be provided for the schemes in their areas from within the allocations notified to them by my Department for this purpose and to manage the operation of the schemes within these allocations.

My Department recoups to authorities two thirds of their expenditure on the payment of individual grants. It is the responsibility of the authorities to fund the remaining one third from their own resources from amounts provided for that purpose in their annual estimates of expenditure.

A review of the disabled person's grant scheme is being finalised in my Department at present. On its completion, I will be in a position to determine the changes, if any, required to the regulations governing the scheme to ensure that the funding available is directed at those persons in greatest need of such assistance. Due to the interrelated nature of the disabled persons, essential repairs and the special housing aid for the elderly grant schemes, all three are being considered in the context of the review.

Housing Aid for the Elderly.

John McGuinness

Question:

1209 Mr. McGuinness asked the Minister for the Environment, Heritage and Local Government if he will bring forward funding or a plan of action to deal with the problems being experienced in the SEHB relative to the housing aid for the elderly scheme; if all other health boards are the same as the SEHB or if they have moved beyond their applications for 2002 and 2003; his views on whether the situation in the SEHB is acceptable; and the action he intends to take. [21729/04]

A second round allocation for 2004 will shortly be determined and notified to health boards by the task force, which, under the aegis of my Department, administers the scheme of special housing aid for the elderly. Based on the most recent returns available for the period 1 January to 30 June 2004, a total of 7,828 applications are in hand within the health boards.

Local Authority Housing.

John McGuinness

Question:

1210 Mr. McGuinness asked the Minister for the Environment, Heritage and Local Government if he will examine the joint action plans for social and affordable housing submitted by Kilkenny County Council and Kilkenny Borough Council for the period 2004-2008; if he will fund this plan and the cost involved; the number of house starts applied for by each of these bodies for each year since 2000; the number granted by his Department for the same period; the number completed; and if he will make a statement on the matter. [21735/04]

My Department is currently assessing the draft action plan submitted by Kilkenny County Council and Kilkenny Borough Council and will shortly be meeting officials from both local authorities to discuss various aspects of the plan prior to determining financial commitments. Details of the numbers of housing starts and completions achieved by each of these authorities between 2000 and 2003 were published in my Department's annual housing statistics bulletin, copies of which are available in the Oireachtas Library.

The table below sets out the number of house starts allocated to Kilkenny County Council and Kilkenny Borough Council under the multi-annual local authority housing construction programme for the period 2000-03 as well as the number of house starts nominated for 2004. The estimated number of completions for 2004 is also included in the table.

House starts allocated under multi-annual programme 2000-03

Estimate of House Starts 2004

Estimate of House Completions 2004

Kilkenny Co. Council

260

100

76

Kilkenny BC

70

20

27

John McGuinness

Question:

1211 Mr. McGuinness asked the Minister for the Environment, Heritage and Local Government the obligations on the voluntary housing sector and local government to work in partnership with each other and the tenants involved to resolve issues such as the sharing of community infrastructure, unsocial behaviour, community development and so on; and if he will make a statement on the matter. [21736/04]

The Housing (Miscellaneous Provisions) Act 1997 recognises the role of housing authorities and voluntary housing organisations in actively promoting the interests of tenants and other occupiers of housing and in working towards the avoidance, prevention and abatement of anti-social behaviour in their dwellings. Local authorities and voluntary housing bodies actively co-operate to meet their objectives under housing legislation. A central element of housing management reform has been the acceptance of the principle of tenant participation in housing estate management. My Department is supporting the efforts of local authorities and voluntary housing bodies in this area through the housing management initiatives grants scheme, the allocation for which in the current year is €1.84 million.

John McGuinness

Question:

1212 Mr. McGuinness asked the Minister for the Environment, Heritage and Local Government if he will consider allowing voluntary housing organisations such as Respond to sell their housing stock to their tenants on the same basis as the local authority house purchase scheme; and if he will make a statement on the matter. [21737/04]

There is no provision in my Department's voluntary housing capital assistance and capital loan and subsidy schemes for the purchase of individual houses by tenants and there are no plans to introduce such a provision. A tenant purchase scheme is not considered desirable at this stage of the development of the voluntary housing sector in this country, as the sale of individual housing units would undermine the capacity and resources of voluntary housing bodies to manage and maintain their estates and continue to provide further housing projects to meet pressing needs.

However, residents of more than one year's duration of houses provided under the scheme who wish to become owner occupiers may, on surrendering their house to the approved voluntary housing body, qualify for the following benefits: special mortgage allowance of €11,450 over five years for mortgages created on or after 1 January 2002 to assist with mortgage repayments; the shared ownership scheme without having to satisfy the income eligibility criteria; improvement works in lieu scheme in respect of the dwelling they are acquiring; low cost housing sites scheme and exemption from the income limits for local authority loans. Full details of these options are available from local authorities.

Water and Sewerage Schemes.

John McGuinness

Question:

1213 Mr. McGuinness asked the Minister for the Environment, Heritage and Local Government the amount of funding granted for the upgrading of the sewage treatment works at Purcellsinch, Kilkenny; the date the project was approved; the amount drawn down to date; the timeframe for completion; and if he will make a statement on the matter. [21738/04]

The upgrading of the Kilkenny city waste water treatment plant at Purcellsinch 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 €6.2 million. My Department is currently awaiting the submission of a preliminary report and environmental impact statement for the scheme by Kilkenny County Council. To date no claim for recoupment of expenditure in respect of the scheme has been received by my Department from the council.

Road Network.

Fergus O'Dowd

Question:

1214 Mr. O’Dowd asked the Minister for the Environment, Heritage and Local Government the position regarding funding for the Drogheda northern cross port route; the action he intends to take to remove port traffic from the town of Drogheda; and if he will make a statement on the matter. [21774/04]

A grant of €150,000 has been allocated in 2004 to Louth County Council for design work in respect of the Drogheda northern cross port access scheme. In August this year my Department sought applications from local authorities for funding in 2005 under the EU co-financed specific improvement grants scheme. The initial selection of projects to be submitted for consideration for funding under this scheme is a matter for local authorities. The question of funding in 2005 will be decided when all applications for funding under the scheme have been received and considered in my Department.

Demutualisation of Building Societies.

Finian McGrath

Question:

1215 Mr. F. McGrath asked the Minister for the Environment, Heritage and Local Government that the interests of all widows and second named persons in joint accounts in building societies are protected in any future legislation in relation to demutualisation; and if he will make a statement on the matter. [21795/04]

The Central Bank Act 1997 amended provisions of the Building Societies' Act 1989 to allow the second named person on a qualifying joint account to receive any entitlements, such as free shares resulting from demutualisation in certain circumstances, such as where the first named person pre-deceased the second named person. Further amendments were made to these provisions in the Housing (Miscellaneous Provisions) Act 2002 to ensure that where all members of a joint account are alive, all members of the account would have equal rights to any free shares arising from any future demutualisation. There are no current plans to further amend these provisions.

Legislative Programme.

John Gormley

Question:

1216 Mr. Gormley asked the Minister for the Environment, Heritage and Local Government the number of pieces of legislation that have been drafted outside the Office of the Attorney General by solicitors since the general election of 2002; the cost to date of the outsourcing of the drafting of legislation; if legislation has had to be corrected subsequently in many cases; the Bills which are currently being drafted by firms of solicitors; the legislation he intends to outsource this term; and if he will make a statement on the matter. [21833/04]

Pat Rabbitte

Question:

1261 Mr. Rabbitte asked the Minister for the Environment, Heritage and Local Government if the approval of the Attorney General was sought by his Department in regard to the subcontracting out to private firms of the drafting of legislation; the number of occasions on which such consent was given; if the Attorney General is satisfied with the drafting of legislation outside of his office; and if he will make a statement on the matter. [22697/04]

I propose to take Questions Nos. 1216 and 1261 together.

My Department has not subcontracted out the drafting of primary legislation or sought the approval of the Attorney General to do so. However, legal advice has been sought on particular aspects of the proposed Strategic National Infrastructure Bill and the drafting of three sets of regulations. Advice on some preliminary heads and proposals for the general scheme for the proposed Strategic National Infrastructure Bill was obtained from a firm of private solicitors. Legal fees of €25,410 inclusive of VAT were paid for this work. This general scheme is still being considered and has not been forwarded to the Attorney General's office for drafting.

External legal advice on the drafting of the Large Combustion Plant Regulations 2003, Ozone in Ambient Air Regulations 2004 and the European Communities (Greenhouse Gas Emissions Trading) Regulations 2004 was obtained. The charges respectively for the legal advise obtained was €4,235, €5,445, and €9,680 all inclusive of VAT. I have no plans to outsource the drafting of legislation this term.

Road Network.

Pat Breen

Question:

1217 Mr. P. Breen asked the Minister for the Environment, Heritage and Local Government if he will fast track the proposed project for the second bridge in Killaloe, County Clare; and if he will make a statement on the matter. [21855/04]

In 2004, a grant of €100,000 each has been allocated to Clare, Limerick and North Tipperary county councils for a feasibility study in respect of the provision of a new bridge to cross the River Shannon between Killaloe and Limerick. In August this year my Department sought applications from local authorities for funding in 2005 under the EU co-financed specific improvement grants scheme. The initial selection of projects to be submitted for consideration for funding under this scheme is a matter for local authorities. The question of funding in 2005 will be decided when all applications for funding under the scheme have been received and considered in my Department.

Questions Nos. 1218 to 1221, inclusive, answered with Question No. 1197.

Local Authority Properties.

Paudge Connolly

Question:

1222 Mr. Connolly asked the Minister for the Environment, Heritage and Local Government the position regarding the proposal to construct new county council offices in Monaghan town on the site of the current offices; if he has replied to the council’s request for permission to raise a loan for the new offices; and if he will make a statement on the matter. [21863/04]

No formal resolution has been adopted by Monaghan County Council to raise a loan to extend the existing council headquarters at the Glen, Monaghan and, consequently, no formal request has been made for sanction to do so. However, in October 2003 the council advised my Department that it intended to seek sanction to raise a loan of €14 million for the proposed development. In response and in subsequent discussions, the council has been informed that the overall allocation for local authority borrowing for office accommodation in 2004 is already committed to existing projects. In the circumstances, the council was requested not to enter into any financial commitments on the proposed development.

Subject to the proposed borrowing being formally adopted by the council and meeting certain financial and other criteria, any application made will be considered within the framework of the overall borrowing limit for the local authority sector in 2005.

Paudge Connolly

Question:

1223 Mr. Connolly asked the Minister for the Environment, Heritage and Local Government the position regarding the provision of the new county library headquarters in Clones; and if he will make a statement on the matter. [21864/04]

On 7 October 2003, my Department issued approval in prin-ciple to Monaghan County Council for the construction of a new library headquarters and branch library at Clones, at an estimated total cost of €4,963,000. My Department is now awaiting the submission of a detailed design and cost plan for the project from Monaghan County Council.

Water and Sewerage Schemes.

Michael Ring

Question:

1224 Mr. Ring asked the Minister for the Environment, Heritage and Local Government when funding will be allocated for the Achill Sound sewerage scheme in County Mayo. [21905/04]

The Achill Sound sewerage scheme is included in my Department's water services investment programme 2004-2006 as a scheme to commence construction in 2005. I approved contract documents for the scheme in May 2004 and the submission of Mayo County Council's tender recommendations is now awaited by my Department.

Fire Stations.

Michael Ring

Question:

1225 Mr. Ring asked the Minister for the Environment, Heritage and Local Government the position regarding the fire station in Achill, County Mayo. [21906/04]

Michael Ring

Question:

1228 Mr. Ring asked the Minister for the Environment, Heritage and Local Government if funding is in place for a project (details supplied) in County Mayo; if not, when this funding will be put in place and when the construction phase will commence. [21909/04]

I propose to take Questions Nos. 1225 and 1228 together.

Approval in principle has been granted for the proposed replacement fire stations at Achill Sound and Westport, both of which are included in the fire services capital programme as priority projects. My Department has requested Mayo County Council to review certain aspects of the proposed plans and costings of both projects and responses are awaited. Once these issues have been resolved satisfactorily these projects will be approved to proceed to tender stage. The question of providing funding for the construction of these projects does not arise at this stage. However, some €445,700 has been recouped to Mayo County Council to date to meet expenditure already incurred in respect of the site and fees for the Westport project.

Water and Sewerage Schemes.

Michael Ring

Question:

1226 Mr. Ring asked the Minister for the Environment, Heritage and Local Government the position with regard to a sewerage scheme (details supplied) in County Mayo; when funding was applied for on this scheme; the stage it is at and the stages it has yet to go through; and when funding will allocated to it. [21907/04]

The Kiltimagh sewerage scheme 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 €13.2 million. I approved Mayo County Council's preliminary report for the scheme in February 2004 and my Department is now awaiting submission by the council of contract documents for stage 1 of the scheme.

Michael Ring

Question:

1227 Mr. Ring asked the Minister for the Environment, Heritage and Local Government the position with regard to a sewerage scheme (details supplied) in County Mayo; when funding was applied for on this scheme; the stage it is at and the stages it has yet to go through; and when funding will be allocated to it. [21908/04]

The Belmullet sewerage scheme, which is being advanced in conjunction with the Foxford sewerage scheme, is included in my Department's water services investment programme 2004-2006 as a scheme to commence construction in 2005 at a combined estimated cost of €12.7 million. The preliminary report for the scheme received from Mayo County Council last month is under examination in my Department and will be dealt with as quickly as possible.

Question No. 1228 answered with QuestionNo. 1225.

Special Areas of Conservation.

Denis Naughten

Question:

1229 Mr. Naughten asked the Minister for the Environment, Heritage and Local Government the plans he has to meet with persons (details supplied) to discuss the agreement reached with the IFA on compensation for bog owners. [21928/04]

It was agreed under Sustaining Progress to undertake a comprehensive review of the habitats regulation. Following extended discussions with representatives of the farming pillar, an agreement has now been concluded. This agreement includes provision for an increase in the rates of compensation paid to bog owners whose land has been statutorily proposed for designation as part of either a special area of conservation or a natural heritage area. While the group referred to by the Deputy is not a representative group within the farming pillar and as such is not party to this agreement, officials of my Department are available to meet and discuss any aspects of the agreement with it, on request.

Archaeological Sites.

Pat Carey

Question:

1230 Mr. Carey asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the discovery of significant archaeological artefacts from the Viking period in the vicinity of a cemetery (details supplied) in Dublin 11 during the summer period of 2004; if building will be suspended on the site until a full archaeological investigation is carried out; and if he will make a statement on the matter. [21945/04]

The discovery was made in the course of licensed archaeological excavations being carried out on a development site, on foot of a condition attached to the grant of planning permission by Dublin City Council. The site has been inspected by an archaeologist from my Department and the archaeological excavation and recording of the site is ongoing.

Departmental Staff.

Cecilia Keaveney

Question:

1231 Cecilia Keaveney asked the Minister for the Environment, Heritage and Local Government when a vacancy (details supplied) in County Donegal will be filled; and if he will make a statement on the matter. [21950/04]

An open competition to fill vacant positions in the grade of conservation ranger in the national parks and wildlife service of my Department is currently being conducted by the Civil Service Commission. This competition was advertised in the national newspapers on 2 and 3 September 2004. The closing date for applications was 16 September 2004. My Department expects that vacancies will begin to be filled from this competition towards the end of this year.

Michael Ring

Question:

1232 Mr. Ring asked the Minister for the Environment, Heritage and Local Government the number of persons who were working in the new house grants section of his Department in the past five years and who dealt with applications submitted by first-time buyers; the locations to which these staff will be deployed in view of the fact that the new house grant has been abolished; and if he will make a statement on the matter. [21990/04]

Over the past five years some 56 staff have worked wholly or partly on applications for first-time house purchaser's grants. Following the termination of the grant in 2002 and the final deadline for applications in April 2004, staff have gradually been redeployed to other work in their existing locations, as the processing of remaining applications on hand has been completed. In 2003-04 the Department has reduced overall staff numbers by 32 through non-filling of vacancies across all areas.

Water and Sewerage Schemes.

Michael Ring

Question:

1233 Mr. Ring asked the Minister for the Environment, Heritage and Local Government the position regarding a sewerage scheme (details supplied) in County Mayo. [21995/04]

The Killala sewerage scheme is included in my Department's water services investment programme 2004-2006 as a scheme to commence construction in 2005. Further consideration will be given to the contract documents submitted by Mayo County Council on receipt of additional information requested from the council by my Department.

Michael Ring

Question:

1234 Mr. Ring asked the Minister for the Environment, Heritage and Local Government the position regarding a water scheme (details supplied) in County Mayo. [21996/04]

The Ballina regional water supply storage/mains scheme is included in my Department's water services investment programme 2004-2006 as a scheme to commence construction in 2005. The contract documents for the scheme submitted by Mayo County Council last month are under examination in my Department and will be dealt with as quickly as possible.

Special Areas of Conservation.

Michael Ring

Question:

1235 Mr. Ring asked the Minister for the Environment, Heritage and Local Government if he will provide details of the compensation available for persons who agree not to cut turf. [21997/04]

My Department provides compensation for persons who are owners of land or turbary rights in bogs statutorily proposed for designation as a special area of conservation or a natural heritage area and who agree not to cut turf in those areas. The scheme is applicable primarily to any person who wishes to sell to my Department their freehold, fee simple or turbary rights in designated raised bogs. My Department will consider purchases in designated blanket bogs, which are in mountain areas and in western counties, only in exceptional circumstances where it is found necessary to restrict cutting of turf. It should be noted that this is a voluntary scheme and there will be no compulsory purchases.

My Department will purchase designated raised bog at the following rates: freehold — €3,500 for the first acre or part thereof and €3,000 for each subsequent acre; turbary rights — €2,975 for the first acre or part thereof and €2,550 for each subsequent acre; and fee simple — €525 for the first acre or part thereof and €450 for each subsequent acre. Only where it is necessary to prohibit turf cutting will my Department purchase blanket bog, at the rate of €1,000 per acre or part thereof.

As well as the above new rates my Department will also make an additional incentive payment to those who are foregoing cutting for domestic purposes in these areas. Anyone who sells full title or turbary rights to my Department between July 2004 and December 2005 will get an additional once-off payment of €6000. This payment will decline by €600 per annum for sales in later years. This payment is applicable to bogs proposed for designation in or after 2002. It will also be applied on an adjusted basis and timescale to bogs proposed for designation in earlier years.

Alternatively, an annual payment of €600, for a maximum of 10 years, will be available to a landowner who does not wish to sell title to bog or turbary rights but who commits to cease cutting and allow drain blocking or other essential restoration works. This is conditional on satisfactory evidence of title being produced and consent by the landowner to a legal agreement. Anyone wishing to avail of these new arrangements should apply in writing to my Department at Site Protection Section, National Parks & Wildlife Service, 7 Ely Place, Dublin 2.

Water and Sewerage Schemes.

Cecilia Keaveney

Question:

1236 Cecilia Keaveney asked the Minister for the Environment, Heritage and Local Government the position in relation to a sewerage scheme (details supplied) in County Donegal; and if he will make a statement on the matter. [22132/04]

The Malin town sewerage scheme is approved for funding in my Department's water services investment programme 2004-2006 under the rural towns and villages initiative at an estimated cost of €1.6 million. I approved the preliminary report for the scheme on 4 June 2004, subject to a review of a number of elements by Donegal County Council. It is now a matter for the council to finalise the planning of the scheme.

Cecilia Keaveney

Question:

1237 Cecilia Keaveney asked the Minister for the Environment, Heritage and Local Government the position in relation to a sewerage scheme (details supplied) in County Donegal; and if he will make a statement on the matter. [22133/04]

The Moville/Greencastle sewerage scheme is included in my Department's water services investment programme 2004-2006 as a scheme to commence construction in 2006 at an estimated cost of €8.8 million. My Department is awaiting the submission of a preliminary report for the scheme by Donegal County Council.

Registration of Title.

Cecilia Keaveney

Question:

1238 Cecilia Keaveney asked the Minister for the Environment, Heritage and Local Government the reason for the delay in having a property (details supplied) in County Donegal transferred into State ownership; and if he will make a statement on the matter. [22134/04]

The Office of the Chief State Solicitor is dealing with the legal issues involved in the transfer of guardianship of the property in question into the care of the State. While these matters have proven more difficult than anticipated it is hoped that the process should be completed in the near future.

Departmental Staff.

Paul McGrath

Question:

1239 Mr. P. McGrath asked the Minister for the Environment, Heritage and Local Government in relation to his Department website, the number of persons who have responsibility for upgrading the website and eliminating outdated and often inaccurate information. [22202/04]

While virtually all business units in my Department generate and update content for the website, two members of staff have overall responsibility for maintaining the site, managing the look and feel and ensuring a consistency of style across the various areas.

Parks Refurbishment Projects.

John Perry

Question:

1240 Mr. Perry asked the Minister for the Environment, Heritage and Local Government when the funding will be approved for the refurbishment of Connolly Park, Tubbercurry, County Sligo in view of the fact that revised plans have been submitted by Sligo County Council; and if he will make a statement on the matter. [22242/04]

My Department is awaiting detailed proposals from Sligo County Council for the refurbishment of Connolly Park and expects that these will be submitted shortly.

Local Authority Funding.

Fergus O'Dowd

Question:

1241 Mr. O’Dowd asked the Minister for the Environment, Heritage and Local Government if he will allow development levies raised under the Planning Acts to be used to fund school improvements which will be necessary as a result of these new developments. [22270/04]

Development contributions can only be charged in respect of public infrastructure and facilities provided by, or on behalf of the local authority in the area. They are not intended to substitute for Exchequer funding for works such as school improvements; instead they are intended to contribute towards the capital cost of local authority infrastructure and facilities for which funding may not be available from the Exchequer, which may include community facilities, playgrounds, park facilities, etc.

Question No. 1242 answered with QuestionNo. 1180.

Special Areas of Conservation.

Denis Naughten

Question:

1243 Mr. Naughten asked the Minister for the Environment, Heritage and Local Government further to Parliamentary Question No. 326 of 8 July 2004, if he is now in a position to furnish the information sought. [22311/04]

I have written to the Deputy conveying the information sought.

Motor Vehicle Registration.

Denis Naughten

Question:

1244 Mr. Naughten asked the Minister for the Environment, Heritage and Local Government if he will review the format of the vehicle licensing certificate to include the year of manufacture of the vehicle; and if he will make a statement on the matter. [22312/04]

A new format vehicle registration certificate, which replaced the vehicle registration certificate issued by the Revenue Commissioners and the vehicle licensing certificate issued by my Department, was introduced in May 2004. This certificate is issued in accordance with EU Council Directive 1999/37/EC which specifies certain mandatory items which must be printed on the document. While year of manufacture is not a mandatory item and consequently does not appear on the current version of the vehicle registration certificate, member states have the discretion to include such additional items as they determine appropriate. In this regard I will give consideration to including the year of manufacture particulars when the certificate comes up for review early in 2005.

Social and Affordable Housing.

Fergus O'Dowd

Question:

1245 Mr. O’Dowd asked the Minister for the Environment, Heritage and Local Government the action which can be taken to tackle the housing and homelessness crisis as outlined in Focus Ireland’s Right to a Home campaign; and if he will make a statement on the matter. [22353/04]

Government policy on housing has the overarching aim of enabling every household to have available an affordable dwelling of good quality, suited to its needs, in a good environment and, as far as possible, at the tenure of its choice. The general strategy for realising the overall policy aim is that those who can afford to do so should provide housing for themselves, with the aid of the fiscal incentives available, and that those unable to do so from their own resources would have access to social housing or income support to rent private housing. Existing legislation and funding programmes support this strategy.

Consequently, the Government considers that it would be inappropriate to legislate for a specific right to housing, as suggested by the campaign, on the basis that the funding commitment to the various housing programmes is leading to increased outputs and that decisions in relation to the allocation of financial resources are a matter for the democratically accountable government.

Within the current legislative framework the Government have been able to place a strong focus on assisting homeless households in recent years. According to the assessment of housing need carried out by local authorities in March 2002, there were a total of 3,773 homeless households in the country at the time of assessment compared to 3,743 households in 1999. The vast majority of these were in homeless accommodation ranging from emergency to long-term supported housing rather than on the streets.

As part of the Government's homeless strategy, local authorities, together with health boards and other statutory and voluntary bodies, are required to draw up local action plans to tackle homelessness. These plans are now being implemented under the aegis of the local homeless for a and significant progress is being made in meeting the accommodation and care needs of homeless persons. A wide range of additional accommodation has been provided, ranging from emergency night shelter to long-term sheltered accommodation to enable homeless persons move out of emergency accommodation into long-term accommodation that is more suited to their needs. Increased levels of day care facilities as well as specific provisions to meet the needs of people with addiction problems or who are sleeping rough as well as homeless offenders have been put in place. Further facilities will be provided as part of the full implementation of the homeless action plans.

Substantial additional funding has been made available to support the implementation of the homeless strategies. Capital funding for the direct provision by local authorities of accommodation for homeless persons is being doubled from €25.4 million to €50.8 million over the period 2001-2005. Current funding for accommodation related homeless services by local authorities has increased substantially from €12.6 million in 2000 to €51 million this year. Funding continues to be made available to the voluntary sector for the provision of accommodation for homeless persons under the Department's capital assistance scheme.

With a view to ensuring that progress is sustained, the cross-departmental team on homelessness continues to monitor the implementation of the homeless strategies and will oversee the independent review of the strategies which is due to commence before the end of 2004.

The Government is bringing about real and positive changes in the provision of social and affordable housing. We have responded actively to the increased level of housing need by expanding social and affordable housing output very significantly. Last year saw the delivery of the highest level of output under the range of social and affordable housing measures for over 15 years when the social and affordable housing needs of in excess of 13,600 households were met.

In relation to the provision of local authority housing the Government has been very conscious of the increased level of social housing need. The last comprehensive assessment of housing needs carried out in March 2002 indicated that there were 48,413 households listed as being in need of long-term social housing. This level of need is of considerable concern to the Government. This year I expect that local authorities on their own will secure the completion of some 5,000 housing units and this is an indication of how local authorities have successfully accelerated their own programmes in order to meeting existing demand more quickly. The Government also recognises the important role of voluntary and co-operative housing bodies and will continue to support them in their valuable work.

Equality Agenda.

David Stanton

Question:

1246 Mr. Stanton asked the Minister for the Environment, Heritage and Local Government if mechanisms exist to ensure that interview boards established under the auspices of his Department and which comprise of two or more persons are gender balanced; and if he will make a statement on the matter. [22368/04]

My Department is committed to equality of opportunity and consequently the policy and procedures for the selection of interview boards provides that due regard is given to the requirement for gender balance when nominating members to interview panels.

Question No. 1247 answered with QuestionNo. 1208.

Grant Payments.

Olwyn Enright

Question:

1248 Ms Enright asked the Minister for the Environment, Heritage and Local Government the reason for the delay in awarding a new house grant to persons (details supplied) in County Kildare despite the fact that an inspector from his Department has approved the works; and if he will make a statement on the matter. [22504/04]

The receipt of documentation and information, which have been requested from the applicant on a number of occasions, is awaited.

Planning Issues.

Denis Naughten

Question:

1249 Mr. Naughten asked the Minister for the Environment, Heritage and Local Government the position regarding the requirement for planning permission to cut turf or develop bogland; if he has communicated these procedures to the local authorities; and if he will make a statement on the matter. [22644/04]

Under Class 17, Part 3, Schedule 2 to the Planning and Development Regulations 2001, peat extraction in a new or extended area of less than ten hectares is exempted development. As a consequence, planning permission is required in respect of peat extraction in a new or extended area of ten hectares or more, save where drainage of the bogland commenced prior to 11 March 2002 i.e. the date on which the regulations came into force. Information in relation to these provisions was communicated to all planning authorities under circular letter PD 1/2002 of 24 January 2002.

Consultancy Contracts.

Bernard Allen

Question:

1250 Mr. Allen asked the Minister for the Environment, Heritage and Local Government if he will state all non-public service staff and consultancy companies hired by his Department since June 2002 giving details of the date appointed in each case, salary or fee paid to date and the functions of each appointee. [22645/04]

The information requested is being compiled by my Department and will be communicated to the Deputy shortly.

Boundary Extensions.

John Deasy

Question:

1251 Mr. Deasy asked the Minister for the Environment, Heritage and Local Government if he has received an application from Waterford City Council for an extension of the city boundary into South Kilkenny; and if he will make a statement on the matter. [22655/04]

My Department has had no communication from Waterford City Council concerning a proposed boundary extension. However, I understand that action is being taken by the city council at local level to initiate the formulation of a boundary proposal. Under the statutory provisions at present in force, any proposed boundary extension would require the approval of the Minister for the Environment, Heritage and Local Government and it would be inappropriate therefore for me to make any statement in the matter.

Planning Issues.

Róisín Shortall

Question:

1252 Ms Shortall asked the Minister for the Environment, Heritage and Local Government if his Department has offered clarification to local authorities regarding the appropriateness of levying development contributions on developments by sports clubs for the part of those developments that contain a licensed members’ bar, if so the content of same; if this matter has been discussed while he considered a draft scheme as provided for in section 48 (5) of that Act; and if so, the details of recommendations made in this regard. [22671/04]

The interpretation of section 48 of the Planning and Development Act 2000 is a matter for the planning authorities, although my Department has issued advice to planning authorities on the matter of development contributions in a circular letter dated 27 June 2003. This circular letter did not address the matter referred to in the question, nor did this issue arise in considering the draft development schemes submitted by planning authorities.

National Drugs Strategy.

Róisín Shortall

Question:

1253 Ms Shortall asked the Minister for the Environment, Heritage and Local Government if he will report on those actions for which he has responsibility, namely actions 25 and 70 in relation to his obligations under the National Drugs Strategy; and if he will make a statement on the matter. [22805/04]

In relation to Action 25 of the National Drugs Strategy, Dublin City Council has published a document, entitled Anti-Social Behaviour — Policy and Procedure, which details its policy and procedure for dealing with this matter. The document was produced taking into account an external report on persons evicted for anti-social behaviour under the Housing Acts. In addition, the housing unit produced, Good Practice Guidelines on Preventing and Combating Anti-Social Behaviour, in December 2003, in conjunction with my Department and the City and County Managers Association, which have issued to all local authorities.

In relation to action 70, my Department and the local authorities continue to promote the need to eliminate anti-social behaviour in the design of new social housing and in remedial and regeneration projects for existing estates. The Department's social housing design guidelines indicate that the discouragement of anti-social behaviour, vandalism and crimes should be a specific design objective in the design of new local authority developments. In addition, the good practice guidelines mentioned above provide advice and guidance to local authorities on security and anti-crime design features in the design of housing and accommodation units.

Architectural Heritage.

Jan O'Sullivan

Question:

1254 Ms O’Sullivan asked the Minister for the Environment, Heritage and Local Government when the medieval fireplace on Nicholas Street, Limerick will be either removed or safeguarded in order to allow Limerick City Council to develop the site and upgrade this part of the tourist route of King’s Island; and if he will make a statement on the matter. [22830/04]

I am advised that the property in question is in the ownership of Limerick City Council. The council therefore is principally responsible for the protection of the medieval fireplace. Officials of my Department have worked very closely with and provided advice to Limerick City Council on the drafting of a development brief for the property in question. This development brief provides for the preservation and safeguarding of the medieval fireplace in situ and the preservation of all other medieval materials on the site. My Department has not been made aware of proposals for the actual development of this site and when consulted on any such proposals or on any planning application will of course address its statutory responsibilities.

Communications Masts.

Tony Gregory

Question:

1255 Mr. Gregory asked the Minister for the Environment, Heritage and Local Government the criteria for the location of telecommunications masts in close proximity to residential areas; if ministerial orders have been made overruling action by local authorities against owners of such masts or exempting certain masts from the relevant safety criteria; if previously unauthorised masts in the Dublin 1 area were subsequently permitted by ministerial orders; and if he will make a statement on the matter. [22832/04]

In July 1996 my Department issued guidelines for planning authorities on telecommunications antennae and support structures. The guidelines advise that "in the vicinity of larger towns and city suburbs operators should endeavour to locate in industrial areas or in industrially zoned land". It also advises that "only as a last resort should free standing masts be located in a residential area or beside schools". The purpose of those guidelines was to assist planning authorities, An Bord Pleanála, operators of mobile telecommunications services and the general public by providing guidance on dealing with telecommunications masts and base stations within the planning system.

Prior to the erection of a communication mast a developer is required to seek planning permission. Section 30 of the Planning and Development Act, 2000 precludes the Minister for the Environment, Heritage and Local Government from exercising power or control in relation to any particular case with which a planning authority or An Bord Pleanála may be concerned. It is not therefore open to my Department to issue orders overruling the decisions of a planning authority or An Bord Pleanála, or exempting developments from safety criteria, or to become involved in any enforcement matters.

Dublin Docklands Development Authority.

Tony Gregory

Question:

1256 Mr. Gregory asked the Minister for the Environment, Heritage and Local Government if the Dublin Docklands Development Authority will be requested to make minutes, reports and so on of its council meetings available to local Dáil Deputies in the same way as all local authorities; and if he will make a statement on the matter. [22833/04]

I understand that the Dublin Docklands Development Authority has made information concerning its proceedings available to interested parties but that the minutes of meetings of the council established under section 16 of the Dublin Docklands Development Authority Act, 1997 are not circulated other than to its members. I also understand that the authority is now prepared to make available copies of the agenda and minutes of any further meeting of the council to any parliamentary representative who expresses an interest in receiving these documents. Other documents submitted to the council may contain confidential information within the meaning of section 40 of the 1997 Act and, accordingly, the release of any such documents would be decided upon by the authority on a case-by-case basis.

Road Network.

Tony Gregory

Question:

1257 Mr. Gregory asked the Minister for the Environment, Heritage and Local Government his views on the issues appropriate to his Department raised in correspondence (details supplied); and if he will make a statement on the matter. [22834/04]

The statutory authority for approval of motorway schemes is An Bord Pleanála, which approved the motorway scheme in this case. It would not be appropriate for me to comment on that decision.

The National Monuments (Amendment) Act 2004 provides that any works of any archaeological nature that are carried out in respect of an approved road development, must be carried out in accordance with the directions of the Minister for the Environment, Heritage and Local Government. Meath County Council has applied to me for such directions which I will consider in accordance with the provisions of the Act and in these circumstances it would be inappropriate for me to make any comment.

Social and Affordable Housing.

Bernard J. Durkan

Question:

1258 Mr. Durkan asked the Minister for the Environment, Heritage and Local Government the number of affordable houses provided throughout the country since the affordable housing initiative was first announced; and if he will make a statement on the matter. [22926/04]

While many housing units will have been provided at affordable prices to the market around the country, a total of 3,550 units have been provided through the various Government affordable housing schemes from the beginning of 2003 to end June 2004.

House Prices.

Bernard J. Durkan

Question:

1259 Mr. Durkan asked the Minister for the Environment, Heritage and Local Government his plans to deal with the housing crisis; and if he will make a statement on the matter. [22927/04]

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.

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.

Output continues to remain high in 2004 with 35,957 units completed in the first six months of this year. Ireland is building at the fastest rate in Europe — 17 houses per 1,000 population — which is an outstanding achievement.

While the rate of house price increases is still problematic, this has moderated considerably since the late 1990s when price increases peaked at 40% per annum in 1998. 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 restraining 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 in keeping with demand 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.

At the same time, the Government is concerned to ensure that the broad spectrum of housing needs is met. Almost €5.17 billion has been spent in the first four years of the national development plan on social and affordable housing measures, over 7% ahead of the forecast for that 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 total amount of funding available for social and affordable housing measures in 2004 of €1.884 billion is more than four times that amount provided in 1997 and represents an increase of 5.4% on the 2003 provision. It is anticipated that the needs of over 13,000 households will be met through these measures in 2004, compared to almost 8,500 in 1998.

Planning Issues.

Bernard J. Durkan

Question:

1260 Mr. Durkan asked the Minister for the Environment, Heritage and Local Government if his Department has quantified anticipated receipts accruing to the local authorities from the increased development levies and charges; and if he will make a statement on the matter. [22928/04]

Statistics on the payment of development contributions for all types of development contributions are collected by my Department on an annual basis. However, due to the lead-in time between the grant of planning permission for a development and the start of construction it is likely that the full impact of new development contribution schemes will not be measurable until 2006/2007.

Question No. 1261 answered with QuestionNo. 1216.

Dan Boyle

Question:

1262 Mr. Boyle asked the Minister for the Environment, Heritage and Local Government the extent to which Part 8 planning can be used by local authorities to facilitate private development; and if his attention has been drawn to several cases of public concern in which such planning applications are being made to avoid the standard planning process. [22962/04]

The public consultation procedures under section 179 of the Planning and Development Act, 2000 and Part 8 of the Planning and Development Regulations, 2001 are used where a local authority proposes to carry out development itself. Under section 179(1)(d) of the 2000 Act they may also be used where development is proposed to be carried out on behalf of, or in partnership with, the local authority in its own functional area, pursuant to a contract with the local authority, for example, by way of public private partnership. Private developments, save for developments on behalf of, or in partnership with, local authorities, must go through the normal planning process. My Department is not aware of cases of concern as referred to in the question.

Site Remediation.

Dan Boyle

Question:

1263 Mr. Boyle asked the Minister for the Environment, Heritage and Local Government the measures being taken to remove hazardous and toxic waste from the former steelworks site at Haulbowline Island, County Cork following a recent High Court decision. [22963/04]

I refer to the replies to Question No. 557 of 23 March and Question No. 145 of 1 April 2004. In the intervening period Cork County Council has selected a firm of consultants to progress the investigation of the site, and work on the procurement process for this investigation has commenced.

It is difficult to undertake major decontamination works on the site pending the site investigation, but some works have been ongoing. Further hazardous materials have been removed from the site and a contract awarded for the removal of about 300 tonnes of bagged dust resulting from the steel making process.

Certain further decontamination works are under consideration at present, but these are constrained by the need to ensure that the intrusive site investigation is not obstructed. I stress, however, that while there is a large amount of unsightly waste at the site it is predominantly inert slags which do not pose a danger to the local area. Most hazardous materials which could be removed independently of the decontamination and dismantling of the industrial buildings have already been removed, or contracts have been awarded for their removal.

Inland Waterways.

Denis Naughten

Question:

1264 Mr. Naughten asked the Minister for Community, Rural and Gaeltacht Affairs if his Department has removed all debris at Meelick Weir; if the gates are completely opened in view of the recent flooding of the Shannon Callows; and if he will make a statement on the matter. [22324/04]

The management of Meelick Weir is an operational matter within the day-to-day responsibility of Waterways Ireland, one of the North-South implementation bodies, set up under the British-Irish Agreement Act 1999. My Department is not involved in such operational matters.

Waterways Ireland advises me that it ensures that the weir and sluice gates are kept free from debris; and all gates are inspected weekly, and in some instances, daily. Any debris hindering the flow of water is removed thereafter. Currently there is no debris at Meelick Weir and the sluice gates have been opened since 21 September 2004.

Community Development.

Breeda Moynihan-Cronin

Question:

1265 Ms B. Moynihan-Cronin asked the Minister for Community, Rural and Gaeltacht Affairs if his Department is reviewing any or all of the community support and community development programmes and schemes under the auspices of his Department; the nature, objectives and time scale for this review; the programmes being reviewed; and if he will make a statement on the matter. [21494/04]

I refer the Deputy to earlier questions on this matter, in particular to my reply to Question No. 151 and related questions on 4 February 2004, Questions Nos. 100 and 102 on 9 March 2004, and Question No. 127 on 27 April 2004.

In implementing the Government decision detailed in those replies, local and community development groups were invited to make proposals for improved alignment of structures in their respective areas. City and county development boards were asked to co-ordinate this process. As indicated in the earlier replies, funding of €3.09 million had been earmarked to support specific co-ordinated measures arising from this process.

Proposals have been received from all CDBs and have been assessed by an external consultant engaged by my Department. As a result of this process, I have approved proposals from Fingal CDB for funding. These proposals were very focused on improving current arrangements with regard to resources, staffing and geographic coverage. There were many other good ideas put forward by the other CDBs. However, they were asked to take a more focused look at their proposals and to resubmit these by 1 October. I intend to have these proposals assessed very quickly with early decisions on funding support.

I hope to be able to build on the ideas put forward as part of this process with a view to including the review of local and community development structures in the first half of 2005.

As I indicated last April, the first step in the process of restructuring ADM was the nomination of new board members by Government. In the interim the Government nominees have been appointed to the board. It is my intention that my Department will work closely with ADM to develop the changes to the memorandum and articles of association of ADM necessary for the implementation of the Government decision with regard to restructuring the company.

In addition, I have made some changes to the community development programme. This programme supports locally-based groups involved in anti-poverty and social inclusion initiatives in their communities so that they can have a role in decisions which affect them, contribute to a process of change in their areas and improve their quality of life. To this end, financial assistance is provided to projects towards the staffing and equipping of local resource centres which provide a focal point for community development activities in the area and to other specialised projects and initiatives.

A sum of €20,604,000 has been allocated to the programme for 2004. There are 190 projects included in the programme, of which 175 are in receipt of funding, including five projects on offshore islands. A further 15 pre-development projects have been approved in principle for inclusion in the community development programme. A sum of €500,000 has been set aside to fund these projects later this year. Arising from the review of local and community development structures, the Government has decided that public bodies and Departments should look to existing structures for delivery of new local or community development initiatives. In this regard, the Government also decided that any further community development projects established will be on the basis of maximising recourse to existing structures. Of the 15 pre-development projects included in the programme, 14 have submitted work plans. My Department is meeting with those groups to determine how their projects can be brought on stream in 2004, in a way which maximises recourse to existing structures.

In line with the Government decision arising from the review of local and community development structures, the process of significantly reducing the funding available for intermediaries, such as regional support agencies, has continued. This serves to maximise resources available for community benefit. The number of such agencies with which my Department has a contract under the programme has been reduced from 13 to six. The six successful tenders commenced their contracts from 1 July 2004.

Security of the Elderly.

Seán Crowe

Question:

1266 Mr. Crowe asked the Minister for Community, Rural and Gaeltacht Affairs if his attention has been drawn to the fact that many elderly persons do not have access to basic security items such as personal alarms to which they are entitled, due to the fact that the grants to cover these items have not been awarded. [21719/04]

Breeda Moynihan-Cronin

Question:

1268 Ms B. Moynihan-Cronin asked the Minister for Community, Rural and Gaeltacht Affairs the position regarding the community support for older people scheme; if his attention has been drawn to the considerable difficulties posed by the cutbacks in funding for the scheme; if he will increase funding for the scheme; and if he will make a statement on the matter. [21842/04]

Denis Naughten

Question:

1273 Mr. Naughten asked the Minister for Community, Rural and Gaeltacht Affairs if he will review the application criteria for the grant scheme to improve the security and social support of vulnerable older persons; if he will take steps to ensure that the cap on funding to community groups is revised; if, in future, the advertised closing date will allow time for community groups to fulfil the criteria and return applications; and if he will make a statement on the matter. [21923/04]

I propose to take Questions Nos. 1266, 1268 and 1273, together.

The purpose of the scheme of community support for older people is to encourage and assist the community's support for older people by means of a community based grant scheme to improve the security of its older members. Funding under the scheme can be provided for small scale security equipment designed to strengthen points of entry to the dwelling, for security lighting and for the once-off cost of installing socially monitored personal alarm systems. This year the scheme has been extended to include smoke alarms. Burglar alarm systems are not covered by the scheme.

Following a review of the 2003 scheme by my Department a number of important changes were made to the scheme. The funding to any individual participant voluntary organisation was set at €30,000. In previous years a small number of organisations received sums in excess of this amount. However, the vast majority, 97%, of applicants were small community based voluntary groups which received sums less than €30,000. The average amount paid to groups in 2003 was less than €10,000. The purpose of this change is to re-focus the scheme on community groups and to re-direct resources towards smaller groups which have direct personal links with older people in their area and who are therefore better placed to understand and appreciate their needs. This change has no implications for the overall funding available for the scheme.

The 2004 scheme was advertised nationwide on 29 July 2004 with a closing date of 13 September 2004. I have indicated that given the nature of this scheme my Department will be flexible and understanding in relation to applications received after the official closing date. My Department is currently engaged in processing applications for the 2004 scheme and grants will issue to community groups at the earliest possible date.

In 1997-2004 some €30.88 million has been provided under this scheme to improve the security needs of older people. It is a measure of its success that a gradual fall-off in demand has been experienced as more people had their security needs met by the scheme. It is anticipated that the 2005 scheme will be advertised before June 2005, in order to allow greater time for groups to complete applications.

Legislative Programme.

John Gormley

Question:

1267 Mr. Gormley asked the Minister for Community, Rural and Gaeltacht Affairs the number of pieces of legislation that have been drafted outside the Office of the Attorney General by solicitors since the general election of 2002; the cost to date of the outsourcing of the drafting of legislation; if legislation has had to be corrected subsequently in many cases; the bills which are being drafted by firms of solicitors; the legislation he intends to outsource this term; and if he will make a statement on the matter. [21834/04]

Pat Rabbitte

Question:

1287 Mr. Rabbitte asked the Minister for Community, Rural and Gaeltacht Affairs if the approval of the Attorney General was sought by his Department in regard to the subcontracting out to private firms of the drafting of legislation; the number of occasions on which such consent was given; if the Attorney General is satisfied with the drafting of legislation outside of his office; and if he will make a statement on the matter. [22681/04]

I propose to take Questions Nos. 1267 and 1287 together.

I can advise the Deputy that no legislation for my Department was drafted outside the Office of the Attorney General by solicitors, nor have I any plans to do so in this term.

Question No. 1268 answered with QuestionNo. 1266.

Rural Action Project.

Pat Breen

Question:

1269 Mr. P. Breen asked the Minister for Community, Rural and Gaeltacht Affairs the reason funding has been withdrawn from the rural action project leading to its close on 30 September 2004; and if he will make a statement on the matter. [21854/04]

My Department's funding contract with rural action project expired at the end of December 2003. However, my Department continued to provide funding to the project on an interim basis until a decision was made in relation to any further funding contract. Due to ongoing difficulties within the project, my Department has advised the project that it is not in a position to renew its contract and that funding to the project will cease with effect from 30 September 2004. At this present time, officials from my Department are looking at ways in which all the assets and funding can be more appropriately directed towards community development in the west Clare area.

Inland Waterways.

Paudge Connolly

Question:

1270 Mr. Connolly asked the Minister for Community, Rural and Gaeltacht Affairs the position regarding the Ulster Canal restoration project; and if he will make a statement on the matter. [21870/04]

The Deputy will be aware that Waterways Ireland, one of the six cross-Border implementation bodies established under the Good Friday Agreement, was charged with considering the possible restoration of the Ulster Canal. The body retained consultants to carry out a feasibility report and, based on year 2000 costs, the restoration of the full canal was estimated to cost in the region of £90 million sterling. My Department and the department of culture, arts and leisure in the North, which co-fund the body, are still considering the position, including the issue of possible phasing.

Rural Social Scheme.

Michael Ring

Question:

1271 Mr. Ring asked the Minister for Community, Rural and Gaeltacht Affairs the number of persons who have applied for the rural social scheme to date and the details on a county basis; and the number of applications approved and refused. [21921/04]

The following table provides details for the counties included in Phases 1 and 2 of the rural social scheme. The Deputy may wish to note that many of the applications listed below are still under consideration.

County

Total Applicants

Approved

Rejected

Cavan

16

Selection process not yet advanced.

Clare

91

91

0

Cork

153

40

18

Donegal

72

50

3

Galway

132

119

0

Kerry

96

65

12

Leitrim

115

96

19

Limerick

10

10

0

Mayo

168

27

25

Monaghan

7

Selection process not yet advanced.

Roscommon

72

67

5

Sligo

50

Selection process not yet advanced.

Wexford

15

Selection process not yet advanced.

National Totals

997

565

82

Summer Jobs Scheme.

Michael Ring

Question:

1272 Mr. Ring asked the Minister for Community, Rural and Gaeltacht Affairs if practical assistance and supports were given to students from disadvantaged areas in finding temporary summer employment, following the abolition of the student summer job scheme; if support was given, the details of the locations and the number of students helped. [21922/04]

As I have outlined to the House on a number of occasions, a replacement scheme for the student summer job scheme was never proposed. Rather it was anticipated that partnerships and community groups throughout the country would offer practical assistance and support to such students in finding temporary summer employment in the labour market as required.

Such supports are by their nature local and informal and therefore it would not be feasible to accurately quantify the extent to which these supports have contributed to students finding summer employment.

Question No. 1273 answered with QuestionNo. 1266.

Rural Social Scheme.

Denis Naughten

Question:

1274 Mr. Naughten asked the Minister for Community, Rural and Gaeltacht Affairs the eligibility criteria for the rural social economy scheme; the plans he has to review these criteria; and if he will make a statement on the matter. [21924/04]

Denis Naughten

Question:

1280 Mr. Naughten asked the Minister for Community, Rural and Gaeltacht Affairs the reason a person with a herd number on disability benefit is ineligible under the rural social scheme, yet a person on unemployment benefit or disability allowance is eligible under this scheme; and if he will make a statement on the matter. [22325/04]

I propose to take Questions Nos. 1274 and 1280 together.

The rural social scheme is aimed at farmers and fishermen who are in receipt of long-term social welfare payments. Disability benefit is a short-term, contribution-based, payment and for that reason recipients are not eligible for the scheme.

To be eligible to participate on the rural social scheme an individual must be in receipt of farm assist or have been allocated a valid herd-flock number from the Department of Agriculture and Food and be in receipt of one of the following payments from the Department of Social and Family Affairs: unemployment assistance, or unemployment benefit if entitled to the benefit because of a previous period on community employment, or disability allowance. Low-income fishermen are also eligible to participate on the scheme.

The eligibility criteria, together with other aspects of the scheme, will be reviewed in the light of the operation of the scheme.

Leader Programmes.

Michael Ring

Question:

1275 Mr. Ring asked the Minister for Community, Rural and Gaeltacht Affairs the amount of funding which was given to a Leader company (details supplied) in County Mayo in 2003 and to date in 2004; the number of projects which were assisted with this funding; the amount of grant aid which was awarded; and the other initiatives in which they were involved in 2003. [21985/04]

The following is the information in respect of a Leader company as requested by the Deputy:

The group has been awarded €1,887,000 under the Area Based Rural Development Initiative (Leader) for the period 2000-2006.

1. Funding advanced by the Department in

2003 = €478,582

2004 = €139,076 (to date).

2. No. of Projects assisted in

2003= 45

2004 =11 ( to date).

3. Funding committed by the Group to projects in

2003 = €636,642

2004 = € 86,572 (to date).

The company has advised that the other programmes under the Department of Community, Rural and Gaeltacht Affairs that they were involved with during 2003 were as follows:

Clár,

Local Development Social Inclusion Programme.

The group was awarded €20,000 under CLÁR in 2003. This award was fully expended on two projects.

The 2004-05 CLÁR allocation is €20,000. There has been no expenditure to date in 2004 from this allocation.

Under the Local Development Social inclusion Programme this Leader Company was awarded €170,102 in 2003 and €85,250 to date in 2004.

The company also delivers the rural transport Initiative, which is the responsibility of the Department of Transport.

Job Creation.

Michael Ring

Question:

1276 Mr. Ring asked the Minister for Community, Rural and Gaeltacht Affairs the number of jobs created by Údarás na Gaeltachta for the past three years for each of the Gaeltacht areas; and the number of jobs lost for the same period. [21992/04]

The position in regard to full-time jobs created and lost in Údarás client companies in Gaeltacht areas for the years 2001, 2002 and 2003 is set out in table A. Part-time and seasonal jobs created and lost in Údarás client companies is set out in table B.

Table A — Full time jobs

County

2001

2002

2003

New jobs created

Net jobs lost

New jobs created

Net jobs lost

New jobs created

Net jobs lost

Cork

55

61

57

65

43

73

Donegal

362

387

288

639

371

651

Galway

410

598

306

497

354

338

Kerry

94

144

88

69

122

96

Mayo

145

69

92

97

124

77

Meath

40

4

65

52

21

23

Waterford

17

18

14

13

17

19

Total

1,123

1,281

910

1,432

1,052

1,277

Table B — Part-time and seasonal jobs

County

2001

2002

2003

New jobs created

Net jobs lost

New jobs created

Net jobs lost

New jobs created

Net jobs lost

Cork

31

54

33

36

44

26

Donegal

301

269

245

379

336

219

Galway

407

336

337

420

454

416

Kerry

115

87

130

100

133

147

Mayo

241

132

140

105

64

90

Meath

9

2

5

8

15

4

Waterford

10

54

18

6

18

28

Total

1,114

934

908

1,054

1,064

930

PEACE II Programme.

John Perry

Question:

1277 Mr. Perry asked the Minister for Community, Rural and Gaeltacht Affairs if his attention has been drawn to the excellent works carried out by persons (details supplied) in County Leitrim funded by Peace II administered by ADM-CPA under measure 2.7; if they will be granted an extension of the Peace II programme which lapses in December 2004; and if he will make a statement on the matter. [22088/04]

I am aware of the good work being undertaken by the project referred to by the Deputy. I am strongly supportive in principle of an extension of the PEACE II programme having regard to its contribution to fostering mutual understanding and co-operation, especially, involving the community and voluntary sectors, on both sides of the Border. Proposals for an extension to the PEACE II programme for the years 2005 and 2006 are being examined. It is expected that these proposals will be submitted to the commission by the end of the month.

Departmental Websites.

Paul McGrath

Question:

1278 Mr. P. McGrath asked the Minister for Community, Rural and Gaeltacht Affairs regarding his Department’s website, the number of persons who have responsibility for upgrading the website and eliminating outdated and often inaccurate information. [22203/04]

I can inform the Deputy that primary responsibility for web content in my Department is a matter for each principal officer in respect of their areas of responsibility, including ensuring that information is accurate and kept up to date.

The management of the Department's website is overseen by a web management group comprising staff representatives from across the divisions of the Department. Upgrading of the site, which was put in place in September 2002, is an ongoing process overseen by this group.

Departmental Programmes.

Charlie O'Connor

Question:

1279 Mr. O’Connor asked the Minister for Community, Rural and Gaeltacht Affairs if he will report on the delivery of the RAPID programme to the Tallaght west estates; and if he will make a statement on the matter. [22307/04]

As I have stated previously, I envisage that in future the RAPID programme will operate on a number of different levels in tandem. Many small-scale proposals from RAPID plans are now being dealt with more effectively at local level. To support this approach I have put in place a dedicated fund of €4.5 million in 2004, to help progress these proposals. These proposals are being co-funded by the relevant Department or local agency under a number of categories, with broad levels of funding agreed at national level.

A total of €2 million is being provided for the local authority housing estate enhancement scheme. This scheme is being operated by the local authorities and is being funded on a euro for euro basis; €1 million from my Department and €1 million from the local authorities through the Department of the Environment, Heritage and Local Government. Each of the three RAPID areas in Tallaght received an allocation of €60,000 under this scheme and the locations of the works to be undertaken are as follows:

Rapid Area

Location of works

Fettercairn

Drumcairn Ave, Drumcairn Drive, Kilcarraig Ave, Kilcarraig Close, Rossfield Green, Brookview Estate

Jobstown

Glenshane Estate, Bawnlea, Cloonmire, Kilclare, Dromcorra

Killinarden

Donmore

Funding of €3 million is being provided for the current year to support the development of playgrounds in RAPID areas; €1.5 million from my Department and €1.5 million from the Department of Health and Children. Each of the three RAPID areas in Tallaght received a total allocation of €72,000 under this scheme and details of the playgrounds being funded are as follows:

RAPID Area

Details

Fettercairn

New playground adjacent Fettercairn Community Centre

Jobstown

Development including addition to existing playground in Jobstown

Killinarden

New playground adjacent Killinarden Community Centre

For both of these schemes, the local authority in consultation with the relevant area implementation team, AIT, selected the projects to be supported.

Top-up funding of €2.2 million has been allocated to 72 projects in RAPID areas that were successful under the sports capital programme 2004. All successful projects that were endorsed by the AIT were considered for top-up funding, with up to 30% additional funding being provided by my Department, subject to the total grant not exceeding 80% of project cost or the amount requested by the applicant. Details of allocations of top-up funding made by my Department to projects in Tallaght are as follows:

Applicant

Top-Up Funding

Croí Ró Naofa GAA Club

42,000

Sacred Heart Football Club

39,000

SDCC — McGee Soccer Pitch

6,000

The roll-out of this programme is continuing and it is hoped to make further announcements regarding same in the near future.

As regards the larger projects from RAPID plans that have already been submitted to Departments, these will, of course, continue to be considered for funding within existing funding streams in each Department. However, I expect that Departments will now be dealing with a smaller number of projects and will therefore be in a better position to prioritise projects and set out time scales for further actions.

Finally, work on improving integration and co-ordination of service delivery at local level will continue, as this is a key component of the RAPID programme.

Question No. 1280 answered with QuestionNo. 1274.

Human Resources Strategy.

David Stanton

Question:

1281 Mr. Stanton asked the Minister for Community, Rural and Gaeltacht Affairs if mechanisms exist to ensure that interview boards established under the auspices of his Department and which comprise of two or more persons are gender balanced; and if he will make a statement on the matter. [22369/04]

I can confirm to the Deputy that it is my Department's policy to ensure that interview boards are gender balanced for all internal competitions. This is reflected in my Department's human resources strategy.

Community Development.

Breeda Moynihan-Cronin

Question:

1282 Ms B. Moynihan-Cronin asked the Minister for Community, Rural and Gaeltacht Affairs the position regarding the future and funding of community development programmes; and if he will make a statement on the matter. [22528/04]

Under Partnership 2000 the Government committed to identifying 30 priority areas for inclusion in the community development programme. Fifteen of these priority areas were funded in 2003. A further 15 pre-development projects have been approved in principle for inclusion in the community development programme. €500,000 has been set aside to fund these projects this year.

The Government recognises that local and community development measures are contributing significantly to tackling a range of challenges at local and community level. However, the number and complexity of structures involved in the delivery of these programmes is very extensive. With this in mind, a review of the structures employed in the delivery of local and community development programmes has been undertaken. Arising from the review, the Government has decided that public bodies and Departments should look to existing structures for delivery of new local or community development initiatives. In this regard, the Government also decided that any further community development projects established will be on the basis of maximising recourse to existing structures. Of the 15 pre-development projects included in the programme, 12 have submitted work plans. My Department is currently working with these projects to determine how best they can be brought on stream in 2004, in a way which maximises recourse to existing structures.

With regard to the funding provided for the administration of the programme, some €20.6 million was allocated to the community development programme in 2004. The amount to be allocated to the programme in 2005 is a matter to be determined in the context of Estimates decisions.

Scéim na mBóithre Áise.

Dinny McGinley

Question:

1283 D’fhiafraigh Mr. McGinley den Aire Gnóthaí Pobail, Tuaithe agus Gaeltachta an gceadóidh sé deontas do bhóthar áise (sonraí tugtha) a bhfuil iarratas déanta ina leith. [22639/04]

Tá an bóthar seo scrúdaithe ag oifigigh mo Roinnse agus tá meastachán don obair feabhsúcháin ar an mbóthar iarrtha ó Chomhairle Chontae Dhún na nGall. Ach ant-eolas seo a bheith ar fáil, cuirfear an cás san áireamh — in éindí le hiarratais eile ar láimh — nuair a bheidh an chéad liosta bóithre eile á ullmhú. Ní miste a lua gur ceadaíodh deontas £4,500 don bhóthar seo cheana sa bhliain 1998.

Child Care Services.

Tony Gregory

Question:

1284 Mr. Gregory asked the Minister for Community, Rural and Gaeltacht Affairs the reasons the application for funding by the community after schools project in Dublin 1 made to area development management in January 2004 has not been replied to; if any aspect of the work of the community after schools project fits the criteria for child care funding by area development management; if so, if the funds will be made available; the basis of the short-term funding made by his Department to community after schools project in 2004; if this will be continued; if dormant accounts funds will be made available to them; and if he will make a statement on the matter. [22640/04]

The community after schools project, Dublin 1, was originally funded by the Department of Justice, Equality and Law Reform through area development management. Following a decision in that Department that the project no longer met the criteria for funding through area development management under the equal opportunities child care programme, my Department agreed to fund the project through its community development unit in recognition of the need to maintain the after schools services in the Amiens Street area. Short-term funding until the end of 2004 has been agreed. Subject to continued satisfactory progress within the project, I anticipate that funding will be made available to this project in 2005 from the Department of Community, Rural and Gaeltacht Affairs.

However, I understand that the community after schools project has also applied for funding to the Dormant Accounts Fund Disbursement Board. The board has decided to engage area development management to administer the initial round of funding on its behalf. This application is being evaluated by area development management against the criteria set out in the published guidelines. Following this evaluation process, a recommendation will be made to the Dormant Accounts Fund Disbursement Board for decision. The community after schools project will be advised of the board's decision in due course.

National Drugs Strategy.

Róisín Shortall

Question:

1285 Ms Shortall asked the Minister for Community, Rural and Gaeltacht Affairs if he will report on those actions for which he has responsibility, namely actions 1, 2, 3 and 77, in his obligations under the National Drugs Strategy; and if he will make a statement on the matter. [22802/04]

Under action 1 of the National Drugs Strategy 2001-2008, responsibility for the co-ordination of the strategy rests with the Department of Community, Rural and Gaeltacht Affairs. In this context, the interdepartmental group on drugs, which I chair, meets regularly to assess progress by Departments and agencies in achieving the targets set for them. Any obstacles to the implementation of any of the actions are brought to light at these meetings. To date, approximately one third of the 100 actions have already been completed or are on-going tasks for the life of the strategy. With the exception of a few actions where work has yet to commence, work is in progress on the remainder.

In the context of action 2 of the strategy, as the Minister with responsibility for the co-ordination of the National Drugs Strategy and chair of the interdepartmental group on drugs, I present regular progress reports on the implementation of the strategy to the Cabinet Committee on Social Inclusion. The committee reviews and assesses the progress of the strategy with specific reference to its targets and performance indicators. A progress report on achievements in the strategy will be published before the end of the year. The mid-term review of the strategy is underway and I expect that it will be completed in late 2004 or early 2005.

With regard to action 3, the young people's facilities and services fund supports in the region of 450 projects in the 14 local drugs task forces areas and four other urban centres. To date, approximately €75 million has been allocated under the two rounds of allocations under the fund. The sports capital programme gives extra weighting to areas of disadvantage and, from 2003, the programme has been prioritising local drugs task forces in RAPID and CLÁR areas in particular.

With regard to action 77, I have been in correspondence and had discussions with the Chairperson of the Oireachtas Committee for Arts, Sport, Tourism, Community, Rural and Gaeltacht Affairs on the matter of establishing a sub-committee dedicated to the issue of drug misuse. As yet the terms of reference and the membership of the sub-committee have not been finalised. However, I should point out that I have met with members of the committee earlier in the year to discuss drugs in a special session.

Over €80 million has been allocated to the local drugs task forces to implement their two rounds of local action plans. In addition, a further €12.8 million has been allocated to capital projects under the local drugs task forces premises initiative, which is designed to meet the accommodation needs of community-based drugs projects.

Community Development.

Dan Boyle

Question:

1286 Mr. Boyle asked the Minister for Community, Rural and Gaeltacht Affairs if he or his Department intends playing a role to progress a review of the White Paper on Rural Development. [22895/04]

As Minister with primary responsibility for rural development, my Department would, of course, take the lead role in any such review. Against the background of the increasing challenges facing rural communities and in the context of EU developments, the initiation of such a review is currently under consideration by my Department.

Question No. 1287 answered with QuestionNo. 1267.

Social Welfare Benefits.

Pat Breen

Question:

1288 Mr. P. Breen asked the Minister for Social and Family Affairs the reason a person (details supplied) in County Clare did not qualify for the public administration’s four year course at the University of Limerick; and if she will make a statement on the matter. [21876/04]

The back to education allowance is a second chance educational opportunities scheme designed to encourage and facilitate certain groups, particularly people who have been unemployed for a time and are having difficulty getting back into employment, to improve their skills and qualifications and, therefore, their prospects of returning to the active work force. To qualify for participation in the third level option of the scheme an applicant must, inter alia, be in receipt of a relevant social welfare payment for at least 15 months, 390 days, immediately prior to commencing an approved course of study. The person concerned does not meet this requirement and does not, therefore, satisfy the eligibility criteria for participation in the scheme.

Summer Jobs Scheme.

Brendan Howlin

Question:

1289 Mr. Howlin asked the Minister for Social and Family Affairs the reason third level students who are available for but fail to secure summer employment cannot be considered for unemployment assistance in view of the fact that the student summer jobs scheme has been discontinued; and if she will make a statement on the matter. [21228/04]

A person is disqualified from receipt of unemployment assistance while attending a course of study, including school/college holiday periods. Unemployment benefit is not affected by this measure. The disqualification does not apply in all cases. For instance, it does not apply to mature students, or people aged 21 years or over who were in receipt of an unemployment payment for at least six months immediately prior to commencing an approved course of education, training or development. In such cases, unemployment assistance may be paid during summer holidays, subject to the usual conditions being fulfilled regarding means, availability for work and genuinely seeking work. A mature student is defined as a person over 23 years of age on or before 1 January in the year in which the course of study commenced. There are no plans to change existing arrangements in this regard.

Social Welfare Benefits.

John McGuinness

Question:

1290 Mr. McGuinness asked the Minister for Social and Family Affairs if a diet allowance will be granted in the case of a person (details supplied) in County Carlow; and if a response will be expedited. [21257/04]

Recipients of social welfare or health board payments who have been prescribed a special diet as a result of a specified medical condition, and whose means are insufficient to meet their needs, may qualify for a diet supplement under the supplementary welfare allowance scheme. The South Eastern Health Board was contacted regarding this case and has advised that the person concerned has income in excess of the prescribed limit. She does not therefore qualify for a supplement. She has been advised of her right to appeal against this decision but to date there is no record of an appeal.

Jerry Cowley

Question:

1291 Dr. Cowley asked the Minister for Social and Family Affairs if free travel for our older Irish emigrants will be extended to them when they return to Ireland on their holidays; her views on whether this would get over administrative difficulties as they have already been assessed, and could be a mechanism to ensure free travel for at least this section of our emigrants; and if she will make a statement on the matter. [21384/04]

The free travel scheme is available to all people living in the State aged 66 years, or over. It is also available to carers and to people with disabilities who are in receipt of certain social welfare payments. It applies to travel within the State and cross-Border journeys between the State and Northern Ireland. The Deputy's proposal to make free travel available to persons in receipt of Irish pensions but living abroad would have to be examined in a future budgetary context taking account of the other demands for extension of the free travel scheme and the cost and administrative implications involved.

Pension Provisions.

Jerry Cowley

Question:

1292 Dr. Cowley asked the Minister for Social and Family Affairs the reason the pre-53 old age contributory pension cannot be organised and paid on a pro rata rate; if she has any intention to change; and if she will make a statement on the matter. [21451/04]

The pre-53 pension was introduced in May 2000. The pension is based on 260 paid contributions, which can be a mixture of pre and post 1953 contributions, and is paid at half the full standard rate. Social insurance contributions made prior to 1953 are different to those made under the unified system introduced at that time. Such contributions do not contain any element towards the cost of contributory pensions. I consider that the structure of the pre-53 pension is a reasonable response to the position in which those eligible found themselves. Accordingly, I have no plans to amend the scheme along the lines suggested.

Social Welfare Benefits.

Fergus O'Dowd

Question:

1293 Mr. O’Dowd asked the Minister for Social and Family Affairs if her Department has plans to raise the household income limit of €317.43 for retention of secondary benefits on the back to work schemes to bring it into line with inflation; and if she will make a statement on the matter. [21474/04]

Finian McGrath

Question:

1297 Mr. F. McGrath asked the Minister for Social and Family Affairs if she will ensure that a new threshold be established at €500 in the upcoming budget for retention of secondary benefits on back to work schemes; and if she will discuss the issue with the Minister for Finance. [21594/04]

I propose to take Questions Nos. 1293 and 1297 together.

The income limit to which the Deputies refer applies to people who take up employment under the back to work scheme and similar approved employment schemes. Such people are entitled to retain certain social welfare and other benefits known as secondary benefits, for the duration of the scheme. For most people the most significant secondary benefit is rent or mortgage interest supplement which is paid under the supplementary welfare allowance scheme. Supplementary welfare allowance is not normally payable to people in full-time employment. However, arrangements have been in place for a number of years which allow people to retain a portion of their rent supplement where they take up employment through approved schemes, subject to a weekly household income limit of €317.43.

While the €317.43 income limit has not changed in recent years, significant changes have been made to the means test. Back to work allowance and family income supplement, in cases where one or both of these are in payment, are now disregarded in the assessment of the €317.43 weekly income limit. PRSI and reasonable travelling expenses are also disregarded in the means test. This means that people who had been unemployed and who commence employment through the back to work scheme can have a weekly household income significantly in excess of the €317.43 limit in question and still qualify to retain 75% of their rent or mortgage interest supplement.

In the first year of their participation in the back to work scheme, a single person can have combined income from the back to work allowance and wages of €418.50, while a couple with two children can have an income of €510.75. Other improvements have also been made. The period for which rent supplement may be retained has been extended to four years on a tapered basis, i.e. 75% in year one, 50% in year two and 25% in years three and four. In addition, the maximum payment limit of €317.43 per month on the amount of supplement payable was abolished for people on the approved schemes. As a consequence many families retain more of their rent or mortgage interest supplement than had been the case prior to these changes taking place.

As a participant in the back to work scheme a person can opt to be assessed under either standard rules or under retention rules, and will be entitled to receive payment under the more favourable option. Under standard assessment rules, rent or mortgage interest supplements are calculated to ensure that an eligible person, after the payment of rent or mortgage interest, has an income equal to the rate of supplementary welfare allowance appropriate to his or her family circumstances, less a minimum contribution of €13 which each recipient is required to pay from his or her own resources.

Family income supplement is now also disregarded in the standard means test. In addition, where the employment is part-time at less than 30 hours per week, up to €50 is disregarded in the means test. This ensures that a person is better off as a result of taking up such an opportunity. Other secondary benefits include retention of entitlement to back to school clothing and footwear allowance subject to the €317.43 income limit. Income from the back to work allowance scheme is now also disregarded in the assessment for this payment which means that the level of household income can be significantly in excess of the €317.43 limit in certain cases.

The arrangements I have outlined are designed to encourage and assist people in the transition from reliance on welfare payments to full-time employment. One impact of the changes means that more people qualify for support under the standard rules of the schemes in question and are not subject to the thresholds that apply to the special rules governing retention of secondary benefits. Any further changes in the qualification criteria for retention of secondary benefits would have to be considered in a budgetary context.

Breeda Moynihan-Cronin

Question:

1294 Ms B. Moynihan-Cronin asked the Minister for Social and Family Affairs if she will implement the recommendations of the report, The Position of Full-Time Carers, published by the Oireachtas Committee on Social and Family Affairs in November 2003; and if she will make a statement on the matter. [21517/04]

Seymour Crawford

Question:

1348 Mr. Crawford asked the Minister for Social and Family Affairs the amount it would cost to provide 50% of carer’s allowance (details supplied) to widows and widowers who are caring for disabled or aged persons in their homes, in view of the strong recommendations contained in the report by the Oireachtas Committee on Social and Family Affairs on the position of full-time carers to support such widows and widowers; and if she will make a statement on the matter. [22487/04]

I propose to take Questions Nos. 1294 and 1348 together.

Supporting carers in our society has been a priority of the Government since 1997. Over that period, weekly payment rates to carers have been greatly increased, qualifying conditions for carer's allowance have been significantly eased, coverage of the scheme has been extended and new schemes such as carer's benefit and the respite care grant have been introduced. The report of the joint committee, which I have examined, makes a range of recommendations, many of which relate to my Department and a number of which concern the Department of Health and Children.

One of the recommendations relating to my Department is to pay 50% of the carer's allowance to recipients of widow's and widower's pensions who are providing care for an older person or a person with a disability. The primary objective of the social welfare system is to provide income support and, as a general rule, only one social welfare payment is payable to an individual. The cost of the committee's proposal in this regard is estimated to be in the region of €10 million annually. If the proposal was also to apply to recipients of the one parent family payment, which is an analogous payment, there would be an additional cost. The committee's report also recommends the abolition of the means test for the carer's allowance. It is questionable whether it would be the best use of such resources in the light of other competing demands and I am aware that there are differing views on this issue.

The committee also recommended improvements in the information available to carers. I am pleased to have been able to provide funding of €18,000 to the Carers Association towards the publication and distribution of a new information pack which will provide information about services and supports for carers and their families. The information pack is being compiled by the association and will be distributed throughout the country in libraries, health board offices, clinics, citizen information centres and social welfare offices by the end of the year. It will contain important information for carers on the services and supports available to them and their families. In addition, my Department is finalising plans for a nationwide campaign to increase awareness of carer's benefit and carer's leave. This is planned to take place during October.

I am always prepared to consider changes to existing arrangements where these are for the benefit of recipients and financially sustainable within the resources available to me. Those recommendations involving additional expenditure can only be considered in a budgetary context. I shall bear the committee's recommendations in mind in that context.

Breeda Moynihan-Cronin

Question:

1295 Ms B. Moynihan-Cronin asked the Minister for Social and Family Affairs the number of applicants for the back to school clothing and footwear allowance in 2000, 2001, 2002 and 2003; the number of applicants in County Kerry for each of these years; and if she will make a statement on the matter. [21518/04]

The back to school clothing and footwear allowance scheme provides assistance towards the cost of school clothing and footwear for children mainly attending primary or post-primary schools. The scheme operates from the beginning of June to the end of September each year and is administered on behalf of my Department by the health boards. Under the scheme an allowance of €80 is payable in respect of qualified children aged from 2 to 11 years and an allowance of €150 is payable in respect of qualified children aged from 12 to 22 years. A breakdown of the number of applications awarded nationally and the number of applications awarded in County Kerry for the years in question is set out in the following table.

Year

No. of claims awarded nationally

No. of claims awarded in County Kerry

2000

73,386

2,499

2001

63,969

2,401

2002

71,759

2,592

2003

75,202

2,765

Pat Rabbitte

Question:

1296 Mr. Rabbitte asked the Minister for Social and Family Affairs if services are provided under the aegis of her Department to persons with mental health difficulties; if for the purposes of any such services persons with mental health difficulties are regarded as children until the age of 16 years and as adults thereafter; if she will ensure that the age of adulthood in all such ages is set at 18 years; and if she will make a statement on the matter. [21553/04]

The Department of Social and Family Affairs provides a range of income support services, including PRSI-based payments, social assistance, means tested, payments, associated secondary benefits and child benefit to a range of people, including people with mental health difficulties. Child dependant allowances are paid to claimants with qualifying dependants under the age of 18 years or, in certain circumstances, up to 22 years. Child benefit is a benefit paid every month for each qualified child normally living with and being supported by the claimant. A qualified child is aged under 16 years or if aged 16, 17 or 18 years in full-time education, or is attending a FÁS Youthreach course, or is physically or mentally disabled and dependent on a parent. Child benefit ceases when the child reaches age 19 years.

My Department does not operate an income support scheme specifically for persons with mental health difficulties. It does operate an insurance-based payment for persons unable to work through illness in disability benefit and an assistance-based scheme for persons who are substantially handicapped from doing work otherwise suitable for a person of that age, experience and qualifications because of, inter alia, a physical or mental disability. Insurance-based payments such as unemployment benefit, and disability benefit can be made to people aged 16 years who meet the PRSI contribution conditions. Most means tested payments, including unemployment assistance are made only to people over the age of 18 years. The exception to this is the disability allowance which is payable from the age of 16 years.

A recently completed review of the income maintenance payments for people who are ill and people with disabilities recommended that no change be made to the minimum age for payment of disability allowance at this stage as it would create a significant gap in the current range of supports for young people with disabilities. There are no plans at this stage to change the age at which disability allowance is payable.

Question No. 1297 answered with QuestionNo. 1293.

Denis Naughten

Question:

1298 Mr. Naughten asked the Minister for Social and Family Affairs if she will extend the free travel pass to cover the whole island of Ireland; if she has discussed this matter with her UK counterpart; and if she will make a statement on the matter. [21608/04]

Under the existing free travel scheme, pass holders who reside in the Republic of Ireland can travel free within the jurisdiction. Similarly, people who live in Northern Ireland and who hold a concessionary travel pass can travel free within that jurisdiction. Under the special cross-Border arrangements, in place since 1995, both pass holders can undertake cross-Border journeys free of charge. The introduction of free travel on an all-Ireland basis would enhance the existing arrangements by enabling pass holders in the Republic to make free onward journeys within Northern Ireland. Similarly, Northern Ireland pass holders would be able to make internal journeys within the Republic free of charge to them.

There are a number of technical and financial issues to be resolved in order to implement an enhanced all-Ireland free travel system on these lines. These issues will require co-operation between my Department and the Department for Regional Development in Northern Ireland, as well as the participation of the relevant northern and southern transport operator companies. I met recently with the Minister of State at the Department for Regional Development in Northern Ireland, to discuss enhancements to the cross-Border free travel scheme and to explore the potential for co-operation between our Departments. Our discussions addressed options for co-funding the scheme, and certain technical issues. I hope to be in a better position to make further progress on this matter at an early date.

Pension Provisions.

Denis Naughten

Question:

1299 Mr. Naughten asked the Minister for Social and Family Affairs the reason for the differential between the rate of payment for the contributory and non-contributory old age pension; the plans she has to bring the non-contributory rate in line with that of the contributory rate; and if she will make a statement on the matter. [21636/04]

The maximum rate of the old age contributory pension is €167.30 per week. The maximum rate for the old age non-contributory pension is €154.00 per week. Additional allowances are paid to those with dependants, those who are living alone and those over 80 years of age. The payment of higher rates to recipients of social insurance payments is common practise in social welfare schemes where there is an equivalent social assistance scheme available. The commission on Social Welfare examined this issue in its report in 1986 and suggested that a differential of 10% should be maintained between insurance and assistance schemes. The Commission considered that the higher rates are required to preserve the acceptability of the social insurance concept, particularly from the viewpoint of those who contribute to the social insurance fund. The Pensions Board, in its report on the national pensions policy initiative, published in 1998, supported the conclusions of the commission.

At the end of August 2004, there were 204,565 people receiving an old age contributory or retirement pension and 85,504 receiving an old age non-contributory pension. The numbers receiving non-contributory pensions have declined by over 20% in the last ten years which reflects improved social insurance coverage and increased labour force participation, particularly amongst women. It is also an indication of the Government's commitment to extending contributory based pensions to as many people as possible through easing the qualifying conditions and catering for special groups who marginally fail to qualify for a pension.

Social Welfare Benefits.

Liz McManus

Question:

1300 Ms McManus asked the Minister for Social and Family Affairs if she will change the categorisation of occupational pension in view of the hardship experienced by a person (details supplied) in County Wicklow as a result of having their occupational pension assessed as reckonable emolument in relation to their one-parent family payment and their rent allowance and treat it as earned income for the purpose of assessment; and if she will make a statement on the matter. [21699/04]

The person concerned applied originally to the Department for one-parent family payment in 2000. She was awarded payment at a reduced rate taking account of her means including income from an occupational pension. This decision was upheld subsequently by an appeals officer, who held that her occupational pension income had been assessed correctly in accordance with the legislation. The person's one-parent family payment rate is being reviewed by the Department. She will be notified of the outcome as soon as the necessary inquiries are completed. Under social welfare legislation decisions on 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.

Michael Ring

Question:

1301 Mr. Ring asked the Minister for Social and Family Affairs when an unemployment assistance appeal by a person (details supplied) in County Mayo will be finalised. [21752/04]

The person concerned was in receipt of unemployment assistance up to 18 May 2004. His claim was reviewed following a report from a social welfare inspector and was closed when the person concerned failed to provide the documentation requested. The person made a fresh claim from 1 June 2004. This was disallowed on the basis that he had failed to show that his means did not exceed the statutory limit. He has appealed against that decision to the social welfare appeals office and an appeals officer is of the opinion that an oral hearing is necessary. The person concerned will be notified of the time, date and venue of the hearing when these have been arranged. Under social welfare legislation decisions on 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.

Michael Ring

Question:

1302 Mr. Ring asked the Minister for Social and Family Affairs when a person (details supplied) in County Mayo will be approved and awarded farm assist. [21753/04]

Michael Ring

Question:

1343 Mr. Ring asked the Minister for Social and Family Affairs when an application for farm assist by a person (details supplied) in County Mayo was received by her Department; the reason it was not dealt with before now; and if it can be assessed immediately. [22277/04]

I propose to take Questions Nos. 1302 and 1343 together.

The person concerned was in receipt of carer's allowance to 7 July 2004 at the weekly rate of €139.60. She is in receipt of supplementary welfare allowance at the weekly rate of €97.20 from 1 July 2004 to date. The person concerned applied for farm assist on 25 June 2004. A deciding officer assessed the weekly means of the person concerned at €17, derived from income from capital and income from a holding. This assessment entitles her to payment of farm assist at the weekly rate of €117.80. Her first payment of €117.80 will be available for collection on 30 September 2004 at her local post office. Arrears due, less any supplementary welfare paid to her, will be issued shortly.

Michael Ring

Question:

1303 Mr. Ring asked the Minister for Social and Family Affairs when a person (details supplied) in County Mayo will be approved and awarded the carer’s allowance. [21754/04]

The person concerned has been awarded carer's allowance with effect from 1 July 2004, at the maximum weekly personal rate of €39.60, with an increase of €16.80 dependent child allowance per week. She has been notified of this decision. Her personal payable order books will be available for collection at her nominated post office on 14 October 2004 and any arrears of allowance due to her will issue shortly thereafter.

Michael Ring

Question:

1304 Mr. Ring asked the Minister for Social and Family Affairs if a person (details supplied) in County Mayo will be awarded the carer’s allowance in view of the medical evidence submitted to her Department. [21755/04]

The person concerned has been awarded carer's allowance at the reduced weekly rate of €28 from 1 April 2004 based on her means. The weekly means of EUR 220.48 are derived from her husband's earnings. The person concerned has been notified of this decision and her payable order book has issued to her designated post office payable from 2 September 2004. Arrears of allowance due will issue by payable order shortly.

Michael Ring

Question:

1305 Mr. Ring asked the Minister for Social and Family Affairs when a person (details supplied) in County Mayo will be approved and awarded the carer’s allowance; if this person can be awarded the payment back-dated six months in view of the fact that they have been providing full time care and attention for many years. [21757/04]

The person concerned has been awarded carer's allowance at a reduced rate with effect from 28 August 2003 to 12 May 2004. This includes the back-dating of the award by six months prior to the date of receipt of her application. She has been notified of this decision, the reasons for it and of her right to appeal. Arrangements have been made to issue payment of the allowance for the period involved by payable order. Due to a change in her circumstances her claim was disallowed with effect from 12 May 2004. Despite numerous requests, she has failed to fully disclose her current means to my Department. On receipt of this information her entitlement will be re-examined. Under social welfare legislation decisions on 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.

Michael Ring

Question:

1306 Mr. Ring asked the Minister for Social and Family Affairs when a person (details supplied) in County Mayo will be approved and awarded the carer’s allowance. [21758/04]

The person concerned applied for carer's allowance on 13 August 2004. Her application was refused on the grounds that full-time care and attention as prescribed in regulations was not required in this case. She was notified of the decision, the reason for it and her right to appeal on 22 September 2004. Under social welfare legislation decisions on 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.

Michael Ring

Question:

1307 Mr. Ring asked the Minister for Social and Family Affairs when a carer’s allowance application by a person (details supplied) in County Mayo will be completed; and if this claim can be expedited in view of the serious circumstances of the case. [21761/04]

The person concerned applied for carer's allowance on 18 June 2004. The principal conditions for receipt of the allowance are that full-time care and attention are required and being provided and the means test that applies is satisfied. Additionally, the carer must not be employed outside the home for more than ten hours per week. Her application was refused on the grounds that she is not providing full-time care and attention as prescribed in regulations as she is employed for more than ten hours per week. She was notified of this decision and the reasons for it and of her right of appeal on 17 September 2004. Under social welfare legislation decisions on 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.

Michael Ring

Question:

1308 Mr. Ring asked the Minister for Social and Family Affairs when a disability allowance appeal will be finalised for a person (details supplied) in County Mayo. [21762/04]

The person concerned applied for disability allowance on 16 April 2004. He was awarded disability allowance at a reduced rate of €10.70 from 21 April 2004 based on his weekly means derived from farming and his spouse's employment. He appealed the decision to the social welfare appeals office. Following an examination of his case the appeals officer disallowed his appeal. He was directly notified of the outcome of his appeal on 13 September 2004. An appeals officer's decision is final and conclusive in the absence of new facts or fresh evidence. If there has been a change of circumstances since the date of the appeals decision it is open to the person concerned to make a new application for disability allowance.

Michael Ring

Question:

1309 Mr. Ring asked the Minister for Social and Family Affairs when a disability benefit appeal will be finalised for a person (details supplied) in County Mayo; if an urgent oral hearing can be arranged in this case; and if a medical referee, following the medical evidence submitted on 1 September 2004, can assess this person again. [21764/04]

The person concerned was in receipt of disability benefit up to 3 January 2002. Payment was disallowed by a deciding officer from that date on the basis that the person was working as a hackney driver. The person appealed this decision to the social welfare appeals office and following an oral hearing on 13 August 2002 the appeals officer disallowed the appeal. Subsequently, a deciding officer made a revised decision, the effect of which was to disallow payment in respect of the period 1 April 1996 to 19 December 2001. As a result a sum of €46,929.35 is repayable to the social insurance fund. The person appealed against this decision also and a further oral hearing was held on 12 December 2003. This appeal was also disallowed on the basis that he had been engaged in employment while in receipt of disability benefit during the period in question. The medical evidence submitted by the Deputy was brought to the attention of the appeals officer who did not consider that the person's incapacity for work had any relevance to the issue which had been before him on appeal i.e. the question of concurrent working and claiming. Under social welfare legislation decisions on 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.

Michael Ring

Question:

1310 Mr. Ring asked the Minister for Social and Family Affairs when an unemployment assistance appeal will be finalised for a person (details supplied) in County Mayo. [21765/04]

The unemployment assistance claim of the person concerned was disallowed by the deciding officer on 13 August 2004 on the ground that his means derived from a Department of Defence pension exceeds the statutory limit. The person appealed against this decision to the social welfare appeals office and his case was considered by an appeals officer who disallowed it on the basis that the calculations are correct. The person has been notified of the outcome. Under social welfare legislation decisions on 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.

Michael Ring

Question:

1311 Mr. Ring asked the Minister for Social and Family Affairs when an oral hearing will be arranged for a person (details supplied) in County Mayo in respect of their carer’s allowance appeal and in view of the new medical evidence submitted. [21766/04]

The person's application for carer's allowance in respect of two carers was disallowed by a deciding officer on the grounds that the care recipients were not regarded as being in need of full-time care and attention. The person concerned has also been assessed with means which exceed the statutory limit. The person concerned appealed against this decision to the social welfare appeals office. A submission on the case is being prepared by the deciding officer and, when received, it will be referred to an appeals officer for early consideration. Under social welfare legislation decisions on 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.

Michael Ring

Question:

1312 Mr. Ring asked the Minister for Social and Family Affairs when a social welfare appeal will be finalised for a person (details supplied) in County Mayo. [21768/04]

The person concerned has no appeal outstanding for disability allowance. She applied for the allowance on 26 July 2004 and a decision is pending. The principal conditions for receipt of the allowance are that the medical eligibility criteria are met and that the means test which applies is satisfied. A means assessment was undertaken by an investigative officer of my Department on 14 September 2004. A medical examination was scheduled for 2 September 2004 but she advised my Department that she would be unable to attend. This examination has been rescheduled in the week commencing 18 October 2004. She will be notified directly of the time and place for this medical examination. Her entitlement to disability allowance will be further considered in light of the medical assessor's report and a formal decision will issue to her directly.

Michael Ring

Question:

1313 Mr. Ring asked the Minister for Social and Family Affairs when an unemployment assistance appeal will be finalised for a person (details supplied) in County Mayo. [21769/04]

The person concerned claimed unemployment assistance from 27 July 2004. The deciding officer disallowed her claim for non-disclosure of means. She appealed this decision to the social welfare appeals office. The necessary papers for the appeal are being prepared and, when ready, the case will be referred to an appeals officer for early consideration. Under social welfare legislation, decisions on 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.

Michael Ring

Question:

1314 Mr. Ring asked the Minister for Social and Family Affairs when a person (details supplied) in County Mayo will be approved and awarded the carer’s allowance, in view of the fact that their application was lodged on 20 May 2004; and the reason this claim is taking so long to process. [21770/04]

The person concerned has been awarded carer's allowance with effect from 16 September 2004, at the maximum weekly personal rate of €209.40, payable to a person providing care to two care recipients. Arrangements are being made to have his payable order book issued to his designated post office. The applicant was not resident with the care recipient so his case was forwarded to an investigative officer of the Department to establish whether the conditions for the allowance were met and to establish his means. As there was no direct system of communication between the carer and the care recipient until 16 September 2004 there was a delay in determining his entitlement. Under social welfare legislation decisions on 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.

Pension Provisions.

Liz McManus

Question:

1315 Ms McManus asked the Minister for Social and Family Affairs if the non-payment of the non-contributory old age pension will be discontinued to missionaries who come home here on holiday after years of contributing vital charitable and voluntary work in developing countries; and if she will make a statement on the matter. [21813/04]

With effect from 1 May 2004 the requirement to be habitually resident in Ireland was introduced as a qualifying condition for a range of social assistance and child benefit schemes operated by my Department. The old age non-contributory pension scheme is included among these schemes. The Government introduced the new rules to restrict access to unemployment assistance, supplementary welfare allowance, carer's allowance, one-parent family payment, old age pension and certain other social welfare payments in the case of people newly arrived in Ireland.

The basis for the restriction contained in the new rules is the applicant's habitual residence. The restriction is not based on citizenship, nationality, immigration status or any other factor. The effect of the restriction is that a person whose habitual residence is in the United States, Europe, Africa or elsewhere is not paid certain social welfare payments including non-contributory old age pension on arrival in Ireland. The question of what is a person's habitual residence is decided in accordance with European Court of Justice case law, which sets out the grounds for assessing individual claims. The habitual residence condition is being operated in a careful manner to ensure that Ireland's social welfare system is no longer open to people who are not normally resident in Ireland, while at the same time ensuring that people whose cases are appropriate to the Irish social welfare system get access to social assistance when they need it. Every effort is made to find grounds for making a positive decision when cases are being considered. These grounds, however, have to be compatible with EU law and other international and national legal obligations and it is not possible to discriminate in favour of any particular group or nationality.

The changes do not affect missionaries returning to Ireland on a permanent basis, for example to retire. They still qualify for an old age pension on the same basis as heretofore. Each case received for a determination on habitual residence condition is dealt with in its own right and a decision is based on application of the guidelines to the particular individual circumstances of each case. Any applicant who disagrees with the decision of the deciding officer has the right to appeal to the social welfare appeals office, which operates independently of the Department of Social and Family Affairs.

The habitual residence condition is a major new development in the Irish social welfare system. Now that it has been in place for almost five months, I have asked my officials to carry out a review of its efficiency and effectiveness. This will include an examination of the implications for various groups, whose cases have come up for decision, including elderly missionaries returning to Ireland on a temporary basis on holiday.

I am also anxious to promote comprehensive pensions provision for all individuals and groups into the future. In that context as I have previously indicated I am happy to enter into discussions with representatives of missionary orders and other groups to discuss their concerns over pensions and any other social welfare payments. I am committed to ensuring that no person whose circumstances are appropriate to the Irish social welfare system is disadvantaged by the introduction of the new condition.

Legislative Programme.

John Gormley

Question:

1316 Mr. Gormley asked the Minister for Social and Family Affairs the number of pieces of legislation that have been drafted outside the Office of the Attorney General by solicitors since the 2002 general election; the cost to date of the out-sourcing of the drafting of legislation; if legislation has had to be corrected subsequently in many cases; the Bills which are currently being drafted by firms of solicitors; the legislation she intends to out-source this term; and if she will make a statement on the matter. [21835/04]

Pat Rabbitte

Question:

1355 Mr. Rabbitte asked the Minister for Social and Family Affairs if the approval of the Attorney General was sought by her Department in regard to the subcontracting out to private firms of the drafting of legislation; the number of occasions on which such consent was given; if the Attorney General is satisfied with the drafting of legislation outside of her office; and if she will make a statement on the matter. [22727/04]

I propose to take Questions Nos. 1316 and 1355 together.

Legislation governing amendments and additions to the social welfare code are drafted by my Department's legislation unit, in consultation with the Parliamentary Counsel from the Office of the Attorney General. Since the formation of the 29th Dáil in 2002, no legislation, governing functions for which I have responsibility, has been drafted by agents outside my Department.

However, due to the technical and specialist nature of pensions legislation, there is an on-going agreement between my Department and the Office of the Attorney General to the out-sourcing of certain work in this area. This was the approach taken in the preparation of the Pensions (Amendment) Act 2002. As part of that process, outline draft legislation was produced and was submitted in the normal way to the Office of the Attorney General for drafting.

At this time I have no intention to use external bodies to draft future legislation. However, should the need arise to engage external expertise where the legislation required is of a particularly technical and specialist nature, I will seek the most effective and efficient means of doing so.

Pension Provisions.

Richard Bruton

Question:

1317 Mr. R. Bruton asked the Minister for Social and Family Affairs if her attention has been drawn to the fact that many persons who worked in religious orders were employed under a voluntary employment arrangement whereby no social insurance stamp was paid by the orders for their services, and that this has resulted in many persons who leave the orders being under-covered for pensions purposes; if she has proposals to adapt the pension entitlement arrangements to make it easier for such persons to qualify on the basis of partial contribution records; and if she will make a statement on the matter. [21880/04]

Pro rata pensions based on partial contribution records are already a feature of the social insurance pension system. Under present arrangements a person can qualify for pensions on the basis of a yearly average of ten contributions paid or credited on their social insurance record from 1953, when the unified system of social insurance came into effect, or the date of entry into insurance, if later; they must also have paid at least 260 contributions in total at the appropriate rate; and have entered insurance ten years before reaching pension age.

In recent years, a number of measures have been introduced to make qualification for old age pensions easier for people with reduced or broken insurance records. In 1997, the average yearly number of contributions required for a minimum pension was reduced from 20 contributions to ten. Other measures introduced include pro rata pensions for people with insurance contributions at different rates or contributions from other countries, and special pensions such as the pre-53 payment and the special self employed pension. The concessions introduced are designed to ensure the widest possible coverage for contributory pensions while, at the same time, ensuring that persons qualifying for pensions have had a reasonable attachment to the social insurance fund. Where people fail to qualify for contributory pension on the basis of the present conditions it is open to them to apply for non-contributory means tested pension.

Social Welfare Benefits.

Michael Ring

Question:

1318 Mr. Ring asked the Minister for Social and Family Affairs the number of persons who have applied for the carer’s allowance to date in 2004; the length of time on average it took to process the applications; the number of persons who were subsequently awarded the carer’s allowance; and the number who were awarded the payment on appeal. [21901/04]

Michael Ring

Question:

1319 Mr. Ring asked the Minister for Social and Family Affairs if she will investigate the length of time it is taking to process carer’s allowance claims; and the way in which this process can be improved to prevent applicants waiting on average 13 weeks to receive a decision on their claims. [21902/04]

Michael Ring

Question:

1326 Mr. Ring asked the Minister for Social and Family Affairs the number of occasions in 2004 on which the target date of ten weeks for processing claims for the carer’s allowance has been met; the plans she has to improve processing times in that section and ensure that the target date which was independently assessed and set is met; and the current processing time for applications. [22047/04]

I propose to take Questions Nos. 1318, 1319 and 1326 together.

My Department has received 5,655 applications for carer's allowance this year. A total of 5,241 claims have been determined and another 469 claims were withdrawn so far this year, including some claims received towards the end of 2003. A total of 3,220 persons were awarded carer's allowance in the first instance. There were 89 carer's allowance appeals allowed and the applicants concerned were subsequently awarded carer's allowance. Entitlement to carer's allowance is based on an applicant satisfying medical, means and residency conditions. In some cases there is an unavoidable timelag involved in making the necessary investigations and inquiries to enable decisions to be made. For example, there is an onus on applicants to furnish all necessary documentation. Time can elapse through delays by applicants not supplying all the necessary information in support of their claim. The average time taken to award carer's allowance is 14 weeks in the year to date. The target is to decide 70% of all claims within 13 weeks.

My Department is committed to providing a quality service to all its customers. This includes ensuring that applications are processed and that decisions on entitlement are issued as expeditiously as possible having regard to the eligibility conditions which apply. A number of improvements have recently been introduced by my Department to directly address the efficiency of claim processing for the allowance.

A review of all existing processes and procedures has been undertaken with the explicit objective of reducing delays in claim processing. In this regard, applicants who are refused on medical eligibility grounds are provided with an interim decision. Such decisions are concluded within five weeks rather than the applicant waiting until all other aspects of their claim are decided. This allows the applicant to submit additional medical evidence if he or she so wishes at an earlier stage rather than waiting until all investigations are completed. All applications which can, on the medical evidence, be automatically medically approved, are fast-tracked. Priority is being given to claims where a decision on entitlement has been outstanding more than eight weeks.

Additional staff resources have been recently assigned specifically to improve the delivery of service. The impact of these measures will over time, lead to more efficient processing and reduce the number of claims on hand. The position will be closely monitored and kept under review by my Department.

Michael Ring

Question:

1320 Mr. Ring asked the Minister for Social and Family Affairs if she will extend the fuel allowance payment to the full year, rather than only from October to April; the estimated costing of such an extension for 2005; the estimated number of households this would affect; and if she will make a statement on the matter. [21903/04]

Michael Ring

Question:

1322 Mr. Ring asked the Minister for Social and Family Affairs the cost per annum of extending the fuel allowance to an all year round payment; and if this will be considered for budget 2005. [21931/04]

Michael Ring

Question:

1323 Mr. Ring asked the Minister for Social and Family Affairs if she will consider increasing the means test for the fuel allowance scheme from €50.79 per week to a more reasonable amount; and if she will make a statement on the matter. [21987/04]

I propose to take Questions Nos. 1320, 1322 and 1323 together.

The aim of the national fuel scheme is to assist householders who are in receipt of long-term social welfare or health board payments and who are unable to provide fully for their own heating needs.

A fuel allowance payment of €9 per week is paid to eligible households with an additional €3.90 per week being paid in smokeless zones, bringing the total amount in those areas to €12.90 per week.

The fuel allowances represent a contribution towards a person's normal heating expenses. In addition, many households also qualify for electricity and gas allowances. The estimated cost of the fuel allowances in 2004 is €84 million. The estimated additional cost in 2005 terms of extending the fuel allowances to a full year would be approximately €66 million giving a total cost of some €150 million. The extension would benefit some 270,000 households.

The duration of payment was increased from 26 weeks to 29 weeks in April 2001. The means test was eased with effect from October of that year and the rate of fuel allowance was increased by 42% in January 2002.

Significant increases in recent years in primary social welfare payment rates, such as the old age pension, have improved the income position for people dependent on the social welfare system. Primary payment rates are payable for the full 52 weeks of the year and hence increases in these rates are of greater benefit to social welfare recipients.

The question of further changes in the fuel allowance scheme, including changes to income disregards, is a matter for consideration in a budgetary context.

Pension Provisions.

Finian McGrath

Question:

1321 Mr. F. McGrath asked the Minister for Social and Family Affairs the reason only 50.7% of the adult workforce have pension cover, only 44% of women in the workforce have pension coverage, only 12.5% of persons working in the catering and tourism industries have pension coverage, only 15% of seasonal and part-time workers have pension coverage and only 15.8% of persons working in the agriculture industries have pension coverage; and the plans which are being put in place to tackle this crisis. [21904/04]

The figures in question refer to those in employment who have private or occupational pensions coverage and relate to the first quarter of 2002. A limited update of these figures for the first quarter of 2004, recently released by the CSO, show coverage at 52.4%.

People may not have private or occupational pensions coverage for a number of reasons. Their employer may not provide a pensions scheme, they may be eligible to join a scheme but have opted not to do so or they may not be willing to avail of the various options which are available to take out a private pension.

Improvements in social insurance coverage implemented since 1979 mean that almost all those in employment are now, subject to satisfying the qualifying conditions, eligible for an old age contributory pension at age 66. However, the Government is committed to increasing the numbers who are supplementing the social welfare pension with an occupational or private pension. The national pensions policy initiative, published in 1998, suggested that up to 70% of workers over 30 years of age need such coverage to maintain their pre-retirement standard of living. The most recent figures released by the CSO show 59.1% of workers in this group with supplementary pensions coverage.

The Government introduced personal retirement savings accounts, PRSAs, in 2003 and these are low cost portable pension products aimed at those without access to occupational pensions. Indeed, employers who do not provide such access are required to facilitate employees who wish to avail of a PRSA by entering into an arrangement with a PRSA provider and deducting and remitting contributions. At the same time, a Government awareness campaign is being run by the Pensions Board on my behalf to encourage people to consider their financial needs in retirement and to make the appropriate arrangements. So far, a total of €1 million has been provided to support this campaign.

The current strategy will be reviewed, in accordance with legislation, in 2006. At that stage, progress towards Government targets will be considered and further action decided on, as appropriate.

Questions Nos. 1322 and 1323 answered with Question No. 1320.

Michael Ring

Question:

1324 Mr. Ring asked the Minister for Social and Family Affairs if a farmer’s spouse aged 61 can now commence paying contributions to enable them to qualify for an old age contributory pension on reaching 66, in view of that fact that this person is the joint owner of the farm but did not make contributions as a joint owner until now. [22045/04]

In general, all employees, whether full time or part time and self-employed workers with an income of €3,174 or more a year, from all sources who are aged 16 or over, are liable to pay social insurance, PRSI, contributions. Exceptions to this general rule apply in the case of certain family employments which are not covered for social insurance — for example, employment as an employee by one's spouse who is a self-employed sole trader or businessperson. However, if the business does not operate on a sole trader basis — for example, if it is a limited company or a partnership — it is not family employment.

Accordingly, two or more family members who operate a business as a partnership and share the profits may be insurable as self-employed contributors at PRSI class S, provided each has a reckonable income of at least €3,174 per year from all sources.

The partnership must be genuine and be supported by appropriate documentary evidence. Joint ownership of a property does not in itself constitute a partnership agreement. Applications for the backdating of partnership status are not accepted.

According to the information given the person concerned will reach age 66 in 2009. In order to qualify for a standard rate old age contributory pension, OACP, at age 66 a person must have: entered into insurable employment before age 56; at least 260 full-rate employment-self-employment contributions paid; a yearly average of at least ten full-rate contributions paid and-or credited from 1953, or from date of entry into insurance, if later, to the end of the last full contribution year before reaching age 66.

Michael Ring

Question:

1325 Mr. Ring asked the Minister for Social and Family Affairs if a person aged 53 can now commence paying contributions to entitle them to an old age contributory pension on reaching their 66th birthday, in view of the fact that their spouse is a farmer who pays full self-employment contributions. [22046/04]

In general, all employees, whether full time or part time and self-employed workers with an income of €3,174 or more a year, from all sources who are aged 16 or over, are liable to pay social insurance, PRSI, contributions. Exceptions to this general rule apply in the case of certain family employments which are not covered for social insurance — for example, employment as an employee by one's spouse who is a self-employed sole trader or businessperson. However, if the business does not operate on a sole trader basis — for example, if it is a limited company or a partnership — it is not family employment.

Accordingly, two or more family members who operate a business as a partnership and share the profits may be insurable as self-employed contributors at PRSI class S, provided each has a reckonable income of at least €3,174 per year from all sources.

The partnership must be supported by appropriate documentary evidence to show that a real partnership exists. Applications for the backdating of partnership status are not accepted.

According to the details supplied, the person concerned will reach age 66 in 2017. To qualify for a standard rate old age contributory pension, OACP, such a person must have: entered into insurable employment before age 56; a total of 520 full rate employment-self-employment contributions paid; a yearly average of at least ten full rate contributions paid and-or credited from 1953, or from date of entry into insurance, if later, to the end of the last full contribution year before reaching age 66.

Question No. 1326 answered with QuestionNo. 1318.

Decentralisation Programme.

Caoimhghín Ó Caoláin

Question:

1327 Caoimhghín Ó Caoláin asked the Minister for Social and Family Affairs the offices and agencies under the aegis of her Department that will be decentralised; the changes in her Department’s deployment plans since the announcement of decentralisation in budget 2004; the factors which influenced the changed plans; if the absence of public transport in proposed centres for relocation was a factor; and if she will make a statement on the matter. [22101/04]

Caoimhghín Ó Caoláin

Question:

1350 Caoimhghín Ó Caoláin asked the Minister for Social and Family Affairs her Department’s proposals to replace the previously announced decentralisation of the Combat Poverty Agency to Monaghan town and Comhairle to Carrickmacross (details supplied). [22508/04]

I propose to take Questions Nos. 1327 and 1350 together.

Under the decentralisation programme, it was announced that all sections of my Department currently located in Dublin, some 1,200 posts, are to relocate to the following towns: Drogheda, Buncrana, Donegal, Carrick-on-Shannon and Sligo.

In addition, agencies under the aegis of my Department were to relocate, namely, Comhairle — 85 posts — to Carrickmacross and Combat Poverty Agency — 25 posts — to Monaghan.

In July, following consultation with the chairman of the board of Comhairle, and in the light of the announcement of Drogheda as the location for my Department's IT division, I decided to relocate Comhairle to Drogheda for logistical and business reasons. The location of Comhairle alongside the IT division will have advantages in the context of progressing the wider eGovernment agenda.

Comhairle has a statutory commitment to assist and support people, especially those with disabilities, in identifying and understanding their needs and options and in accessing their entitlements to social and civil services. In discharging their duties, Comhairle staff have occasion to meet representatives of the disabled community, many of whom rely on public transport to attend these meetings. In this context, it was also considered that Drogheda, would facilitate easier access to Comhairle services for those concerned.

There is no change to the announcement in relation to Monaghan. The commitment of 85 posts for Carrickmacross will be fulfilled by relocating 85 posts from my Department to that location. A decision on the sections that will relocate to Carrickmacross will be finalised in the near future.

Departmental Schemes.

Finian McGrath

Question:

1328 Mr. F. McGrath asked the Minister for Social and Family Affairs if there is another way a person (details supplied) in Dublin 9 can qualify for the back to education scheme; and if she will work with the Department of Education and Science on this case. [22102/04]

The back to education allowance is a second chance educational opportunities scheme designed to encourage and facilitate certain groups, particularly people who have been unemployed for a time and are having difficulty getting back into employment, to improve their skills and qualifications and, therefore, their prospects of returning to the active work force.

To qualify for participation in the third level option of the scheme an applicant must, inter alia, be in receipt of a relevant social welfare payment for at least 15 months — 390 days — immediately prior to commencing an approved course of study.

The person concerned, has been in receipt of unemployment benefit for only 224 days and does not, therefore, satisfy the eligibility criteria for participation in the scheme.

Social Welfare Appeals.

Michael Ring

Question:

1329 Mr. Ring asked the Minister for Social and Family Affairs the reason a person (details supplied) in County Mayo has not been awarded a full rate of old age contributory pension. [22104/04]

According to the records of my Department, the person concerned has a total of 678 social insurance contributions recorded over the 48 year period from 1955 to 2003 which works out at a yearly average of 14. This entitles him to a half rate pension currently payable at the rate of €83.70 per week.

Following an appeal by the person concerned this decision was upheld by a social welfare appeals officer. An appeals officer's decision is final and conclusive unless there are new facts or fresh evidence to warrant a review.

The position was clarified for the solicitors acting on behalf of the person concerned in June 2004. No fresh evidence or new information has been submitted to date to warrant a review. 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.

Seán Crowe

Question:

1330 Mr. Crowe asked the Minister for Social and Family Affairs if her attention has been drawn to the apparent contradictions surrounding the case of a person (details supplied) in County Cork; and if this person is entitled to be back-paid this allowance from 2001. [22106/04]

The person concerned originally applied for a carer's allowance on 3 October 2001. This application was refused on 18 January 2002 on the grounds that his means were not disclosed. It was also refused on the grounds that the provision of full-time care and attention as prescribed in regulations were not met.

He was formally notified of this decision in writing on 18 January 2002, the reasons for it and of his right to appeal. No appeal was lodged in this case. There is no departmental record of any contact by the applicant or other representative regarding this case until a further application for carers allowance was made by him on 12 May 2004.

Following the necessary investigations, he was awarded carer's allowance with effect from 20 November 2003. This includes back dating of his claim six months from the date of the application. He was notified of this decision, the reasons for it and of his right of appeal to the social welfare appeals office on 13 September 2004.

As the person concerned did not satisfy the conditions necessary for receipt of carer's allowance at the time of his original application in October 2001, the claim cannot be backdated to that date.

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

Social Welfare Benefits.

Michael Ring

Question:

1331 Mr. Ring asked the Minister for Social and Family Affairs when a person (details supplied) in County Mayo will be approved and paid disability allowance. [22168/04]

The person concerned applied for disability allowance on 13 September 2004. The principal conditions for receipt of the allowance are that the medical eligibility criteria are met and that the means test which applies is satisfied.

While she satisfies the medical criteria for receipt of disability allowance, her means have yet to be established. In this regard, her case was sent to an investigative officer of the Department on 20 September for a means test to be undertaken.

Her entitlement to disability allowance will be further considered in light of the inspector's report and a formal decision will be issued to her directly.

Social Welfare Appeals.

Michael Ring

Question:

1332 Mr. Ring asked the Minister for Social and Family Affairs when a carer’s allowance appeal will be finalised for a person (details supplied) in County Mayo. [22188/04]

The person concerned has no appeal outstanding in relation to carer's allowance. Her claim was originally refused on the grounds that full-time care and attention was not being provided in this case. She was notified of this decision and the reasons and she appealed this decision on 26 May 2004.

In advance of her appeal and following a review of her entitlement, she was awarded carer's allowance with effect from 22 January 2004, at the maximum weekly personal rate of €139.60 and a dependent child allowance.

Since undertaking this review, the care recipient has died. Carer's allowance covering the period 22 January 2004 to 29 September amounting to €2,538.20 have issued to her, including the annual respite care grant and six weeks payment after the care recipient's death.

Department Websites.

Paul McGrath

Question:

1333 Mr. P. McGrath asked the Minister for Social and Family Affairs regarding her Department’s website, the number of persons who have responsibility for upgrading the website and eliminating outdated and often inaccurate information. [22204/04]

My Department uses a number of channels, including its website, www.welfare.ie to deliver comprehensive information in a clear and simple manner. The website, which was first established in 1996, contains information on all our schemes and services, including publications, leaflets and booklets. In addition, application forms are available for downloading and on-line services are available to customers notifying loss of employment, requesting an application form for child benefit and e-mailing our information services.

Three full-time and one part-time staff members are responsible for updating content in addition to the management and general maintenance of the website. Every effort is made to ensure that the website content is kept accurate and relevant and procedures are currently in place to ensure that all out-of-date material is removed in a timely fashion.

Social Welfare Appeals.

Michael Ring

Question:

1334 Mr. Ring asked the Minister for Social and Family Affairs when a person (details supplied) in County Mayo will be awarded and paid the carer’s allowance. [22211/04]

The person concerned applied for carer's allowance on 23 July 2004. The principal conditions for receipt of this allowance are that full-time care and attention are required and being provided and that the means test that applies is satisfied. Additionally, where the care recipient is under 16 years of age, domiciliary care allowance must be in payment before carer's allowance can be awarded. No information in this regard has been provided.

Accordingly, the application was refused. The person concerned was notified of the decision and the reasons for it and of her right of appeal to the social welfare appeals office on 20 September 2004.

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.

Departmental Schemes.

Enda Kenny

Question:

1335 Mr. Kenny asked the Minister for Social and Family Affairs if she will minimise the length of time a person must be on unemployment assistance in order to qualify for back to education allowance; and if she will make a statement on the matter. [22229/04]

The back to education allowance is a second chance education opportunities programme designed to encourage and facilitate people on certain social welfare payments to improve their skills and qualifications and, therefore, their prospects of returning to the active work force. The programme is for the long-term unemployed and certain others such as lone-parents and people receiving disability payments.

The conditions for entitlement to the third level option of the back to education allowance were revised with effect from 1 September 2004. From that date, the qualifying period was increased from six months to 15 months for new applicants intending to commence third level courses of study.

The scheme was always intended for the benefit of people who had difficulty finding employment as the scheme provided an opportunity which might enable them to improve their qualifications and thus their prospects of obtaining work. It was never intended to be an alternative form of support for people entering the third level education system.

One of the factors that influenced me in changing the qualification conditions is the concern that some people go on the live register for short periods specifically to qualify for the back to education allowance. In the 2003-04 academic year, the majority of participants in the third level option of the scheme were in receipt of an unemployment payment for 12 months or less when they accessed the scheme.

The scheme is intended to assist people with a history of long-term dependence on social welfare and in many circumstances situations where persons who have not completed second level education are held back in their efforts to obtain employment. Therefore, I decided that the qualifying condition should remain at six months for people who wish to pursue a second level qualification.

In deciding to restructure the back to education allowance, I am ensuring that this support retains its focus on the more vulnerable groups in our community, particularly people who do not have a second level education qualification and who are at risk of becoming dependent on social welfare payments on a long-term basis.

I want to ensure that available resources are aimed at those in greatest need of an intervention to prevent them from drifting into long-term unemployment. This change recognises the more urgent need for intervention in the case of people who have not completed formal second level education. Time spent pursuing a second level course with the assistance of the back to education scheme will count towards meeting the 15 month qualification condition for the third level option.

I have ensured, in a situation where priorities had to be set and choices made, that those in the greatest need of assistance under the BTEA scheme have been protected.

Social Welfare Benefits.

Bernard J. Durkan

Question:

1336 Mr. Durkan asked the Minister for Social and Family Affairs if and when disability 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. [22231/04]

The person concerned applied for disability allowance on 5 August 2004. The principal conditions for receipt of the allowance are that the medical eligibility criteria are met and that the means test which applies is satisfied.

While he satisfies the medical criteria for receipt of disability allowance, his means have yet to be determined. In this regard, his case has been forwarded to an investigative officer of my Department to establish his means and see whether the conditions for receipt of the allowance are met.

His entitlement to disability allowance will be further considered in light of the investigative officer's report and a formal decision will be issued to him directly.

Bernard J. Durkan

Question:

1337 Mr. Durkan asked the Minister for Social and Family Affairs when unemployment benefit will be granted to a person (details supplied) in Dublin 11 for the period claimed from 27 July 2004 to 6 September 2004; and if she will make a statement on the matter. [22233/04]

There is no record of a claim for unemployment benefit or assistance referring to the person concerned at her local social welfare office.

The person concerned applied for supplementary welfare allowance at her local health centre on 3 August 2004. Payment was not allowed in her case as her household income was in excess of the rate applicable to her family size.

Bernard J. Durkan

Question:

1338 Mr. Durkan asked the Minister for Social and Family Affairs when rent supplement will be awarded in the case of persons (details supplied) in County Kildare; and if she will make a statement on the matter. [22236/04]

The South Western Area Health Board was contacted regarding this case and has advised that the community welfare officer is awaiting clarification of a lease agreement so as to enable the application for rent supplement to be processed.

The board has advised that only one of the persons referred to by the Deputy has applied for rent supplement. The accommodation in respect of which a rent supplement has been sought is shared with the second person who is in open market full-time employment and, accordingly, is excluded by legislation from receipt of rent supplement.

As soon as the clarification is provided the community welfare officer will be in a position to determine whether or not a rent supplement is payable to the applicant.

Bernard J. Durkan

Question:

1339 Mr. Durkan asked the Minister for Social and Family Affairs when a person (details supplied) in County Kildare will receive rent assistance or supplementary welfare allowance; and if she will make a statement on the matter. [22239/04]

The South Western Area Health Board was contacted regarding this case and has advised that the person concerned has been requested to provide clarification relating to her domestic and financial circumstances so that an accurate assessment of her application for assistance can be carried out. As soon as the necessary clarification is provided the community welfare officer will be in a position to determine whether the person concerned qualifies for assistance under the terms of the supplementary welfare allowance scheme.

Bernard J. Durkan

Question:

1340 Mr. Durkan asked the Minister for Social and Family Affairs when rent support will be awarded to a person (details supplied) in County Kildare; and if she will make a statement on the matter. [22246/04]

The South Western Area Health Board was contacted regarding this case and has advised that at the time of application the person concerned did not qualify for rent supplement as the level of his assessable means was sufficient to provide for his rent costs.

If the circumstances of the person concerned have changed, he should contact the community welfare officer at his local health centre who will carry out a review of his circumstances to determine whether or not he has an entitlement to rent supplement at this time.

Bernard J. Durkan

Question:

1341 Mr. Durkan asked the Minister for Social and Family Affairs when dietary supplement allowance will be awarded to persons (details supplied) in County Kildare; and if she will make a statement on the matter. [22254/04]

The South Eastern Health Board was contacted regarding this case and has advised that there is no record of an application for a diet supplement from the people in question. If they wish to make an application for a diet supplement, they should contact the community welfare officer at the local health centre who will assess their circumstances with a view to determining whether they satisfy the conditions for receipt of diet supplement.

Michael Ring

Question:

1342 Mr. Ring asked the Minister for Social and Family Affairs the reason a person (details supplied) in County Mayo was refused the bereavement grant; and the contributions that were used in the assessment of this application. [22276/04]

A bereavement grant is payable on the insurance record either of the deceased person or his-her spouse. The person concerned applied to the Department for a bereavement grant in respect of her late father who died in May 2004. According to the records of my Department, her father had a total of 58 reckonable contributions paid over the years from 1954 to 1967, inclusive. His late spouse, who has been deceased for a number of years, did not have a social insurance contribution record.

On the basis of her late father's social insurance contribution record, the qualifying conditions for receipt of bereavement grant have not been met and the application has been disallowed. She has been notified of this decision and of her right of appeal.

Question No. 1343 answered with QuestionNo. 1302.

Pension Provisions.

Olivia Mitchell

Question:

1344 Ms O. Mitchell asked the Minister for Social and Family Affairs if a person (details supplied) will be granted their pension entitlement immediately based on income and age and will not be subject to intimidating interrogation. [22293/04]

A person who is habitually resident in the State may qualify for an old age non-contributory pension if she-he is aged 66 or over and satisfies the statutory means test.

The person concerned applied to my Department for pension in August 2003 and again in March 2004. Following an investigation of her circumstances by a social welfare inspector, her initial application was disallowed on the basis that her income from self-employment exceeded the maximum statutory limit for entitlement to pension. Her second application for pension was disallowed on the basis that she had failed to disclose her means fully to the Department. She was formally notified of these decisions in writing. It remains open to her to appeal to the social welfare appeals office.

As old age non-contributory pension is a means-tested payment, it is necessary for pension applicants to be interviewed by a social welfare inspector in order to determine their financial circumstances. There is an obligation on applicants to disclose their means fully to the Department.

The Department operates a customer service charter and aims to deal with all of its customers in a fair, courteous and timely way. If the person concerned has a complaint to make about the manner in which she was interviewed, she should bring this to the attention of my Department through her nearest social welfare local office and it will be investigated through the formal customer complaints service.

Social Welfare Appeals.

Michael Ring

Question:

1345 Mr. Ring asked the Minister for Social and Family Affairs when a disability appeal will be finalised for a person (details supplied) in County Mayo. [22335/04]

The person concerned originally applied for disability allowance on 18 September 2003. The principal conditions for receipt of the allowance are that the medical eligibility criteria are met and that the means test which applies is satisfied.

While the medical eligibility criteria were met, the application was disallowed by a deciding officer on the grounds that his means, derived from his spouse's employment and the letting of land, exceeded the statutory limit.

He appealed this decision to the social welfare appeals office. Following an examination of his case, the appeals officer disallowed his appeal. He was directly notified of the outcome of his appeal on 25 May 2004. An appeals officer's decision is final in the absence of new facts or fresh evidence.

A further application for disability allowance was received on 16 September 2004. This is being referred to the local investigative officer of the Department to ascertain his current means and whether there has been any change in circumstances since the last assessment.

His entitlement to disability allowance will be further considered in light of the officer's report and a formal decision will issue to him directly.

Social Welfare Benefits.

Fergus O'Dowd

Question:

1346 Mr. O’Dowd asked the Minister for Social and Family Affairs if her Department has plans to end the anomaly whereby a married couple, both of whom are in receipt of welfare payments, has only one entitlement to the maximum personal payment whereas a couple who are not married and in exactly the same situation both have an entitlement to the maximum payment; and if she will make a statement on the matter. [22341/04]

Married and cohabiting couples are treated uniformly under the social welfare code. In a number of social assistance schemes where each one of a couple has an entitlement to a personal rate of payment, the overall amount payable is limited to the relevant family rate. This arrangement applies equally to unmarried and cohabiting couples. There are currently no plans to change these arrangements.

Interview Boards.

David Stanton

Question:

1347 Mr. Stanton asked the Minister for Social and Family Affairs if mechanisms exist to ensure that interview boards established under the auspices of her Department and which comprise two or more persons are gender balanced; and if she will make a statement on the matter. [22370/04]

It is the policy of my Department to ensure that procedures and practices in the areas of recruitment, selection and promotion are in accordance with the requirements of the Civil Service policies on gender equality and equality of opportunity.

My Department's gender equality action plan 2003-05, based on the Civil Service gender equality policy, confirms its commitment to compliance with the policy. In relation to interview boards, the policy on gender equality states that there should be a gender mix on boards and my Department complies with this requirement. This includes meeting the requirements on the composition of interview boards and, in addition, ensuring that interview board members are aware of their responsibilities under equality policies and equality legislation generally.

Question No. 1348 answered with QuestionNo. 1294.

Social Welfare Benefits.

Willie Penrose

Question:

1349 Mr. Penrose asked the Minister for Social and Family Affairs if her Department will consider the concept of self-assessment for applications for non-contributory or means-tested schemes such as carer’s allowance and their being subject to ongoing audits in the future on a random basis to ensure that the information furnished is correct; and if she will make a statement on the matter. [22490/04]

The methods by which means are determined for social welfare schemes varies within and across schemes depending on the nature of the scheme. In the case of carer's allowance, approximately 25% of claims are desk assessed. This means that means are determined on the basis of the information supplied on the claim form or by subsequent correspondence. The remainder of claims are referred to a social welfare inspector who visits the customer at his or her home. These latter cases usually involve more complex means issues or where the information supplied on the claim form is incomplete. Cases may also be referred to an inspector for a home visit where there are issues, other than means, which require clarification before a decision can be made. Similar procedures apply in the case of other schemes such as one parent family payment and disability allowance.

The existing arrangements take into account the Department's obligations to ensure that an effective control programme is in place. The control programme is multi-faceted involving checks at time of claiming, where appropriate, as well as reviews of means and the continued fulfilment of other statutory conditions for receipt of the relevant payment.

The arrangements for the processing of social assistance payments will continue to be developed in the context of providing an enhanced service to all our customers and stakeholders and to ensuring that the resources of the Department are used in the most efficient and effective manner.

Question No. 1350 answered with QuestionNo. 1327.

Decentralisation Programme.

Fergus O'Dowd

Question:

1351 Mr. O’Dowd asked the Minister for Social and Family Affairs the progress to date on the decentralisation programme for Drogheda, County Louth; and if she will make a statement on the matter. [22548/04]

The transfer of my Department's headquarters from Dublin to Drogheda was announced as part of the Government's decentralisation programme last December. In July 2004, this location was also selected as the base for my Department's IT division.

I have also decided that Comhairle, which it was intended to locate to Carrickmacross, will also be located to Drogheda with the requirement for Carrickmacross being met by departmental staff.

There are in total six locations to which my Department will be relocating under the programme. A preliminary implementation plan setting out, inter alia, the staff breakdown for each location was submitted to the decentralisation implementation group. The plan will now be reviewed in the light of the recent results from the central applications facility.

My Department is also in regular contact with the Office of Public Works, OPW, which will be responsible for securing suitable accommodation for all my Department's decentralised locations, including Drogheda.

Social Welfare Appeals.

Seán Ryan

Question:

1352 Mr. S. Ryan asked the Minister for Social and Family Affairs the reason for the delay in an appeal in respect of unemployment payment for a person (details supplied) in County Dublin; when this case will be dealt with. [22651/04]

The person concerned applied for unemployment assistance and his weekly means were assessed at €60 derived from self-employment.

The person appealed against this decision to the social welfare appeals office in June 2004 and an appeals officer is of the opinion that an oral hearing is required. He will be advised of the date and venue for the hearing when the necessary arrangements have been made.

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

Social Welfare Benefits.

Michael Ring

Question:

1353 Mr. Ring asked the Minister for Social and Family Affairs when the adult dependant allowance of an old age contributory pension will be restored to a person (details supplied) in County Mayo. [22849/04]

An increase for a qualified adult is payable where a spouse is being wholly or mainly maintained by a person receiving old age contributory pension. A spouse is regarded as wholly or mainly maintained where she-he does not have income in his-her own right above €88.88 per week. Where the income is between €88.88 per week and €210 per week a reduced rate of allowance is payable. Once his-her weekly income exceeds €210 per week no allowance is payable.

On foot of a notification received from the wife of the person concerned indicating that she commenced employment on 18 June 2004 with earnings of €234.73 per week, a revised decision was made disallowing the increase that was in payment in her respect. A payable order book containing payment at the maximum single rate was re-issued on 20 September 2004 pending further inquiries. The position was explained to the person concerned and he was requested to submit further information in relation to his wife's earnings.

As it would now appear that the wife of the person concerned has also been self-employed during a period for which an increase was in payment in respect of her, a social welfare inspector has been requested to review the case and determine her earnings for the period in question. On receipt of the inspectors report, the appropriate action will be taken without delay.

Michael Ring

Question:

1354 Mr. Ring asked the Minister for Social and Family Affairs if seasonal earnings for a 16 week period are assessed on a week to week basis or averaged over the 42 weeks of the year in relation to payment of the qualified adult allowance for the old age contributory pension. [22850/04]

Where earnings as an employee are received at monthly intervals, the weekly average over the previous two months is taken to determine means in deciding entitlement to the payment of an increase in respect of a qualified adult for old age contributory pension purposes. Where earnings are received weekly or fortnightly, the weekly average over the previous six weeks is taken. Regulations allow, however, for a deciding officer to use discretion in selecting an appropriate period of time in order to determine the amount of average weekly income. In the case of persons who are self-employed, weekly income is normally estimated by reference to the income received in the last complete tax year.

Question No. 1355 answered with QuestionNo. 1316.
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