Vol. 589 No. 2
11 Mr. Ferris asked the Minister for the Environment, Heritage and Local Government his views on the statement by the Irish Property Owners Association that it is the intention of landlords to pass on the cost of registering with the Private Residential Tenancies Board to tenants; if he intends to take steps to prevent this cost being passed on to tenants; and if he will make a statement on the matter. [22614/04]
Landlords may only seek from tenants the rent or other charges agreed to at the commencement of the letting. Under Part 3 of the Residential Tenancies Act 2004, which will come into operation later this year, a rent review may only occur once per annum unless there has been a substantial change in the nature of the accommodation in the interim. It will also be unlawful to seek a rent greater than the open market rate so a rent increase would not be possible if the market trend is stable or downward. In any event, competitiveness in the market should preclude registration costs being passed on.
The registration fee under Part 7 of the 2004 Act, which came into operation on 1 September 2004, is €70 per tenancy. The net cost can be as low as €10.15 per tenancy per annum because the fee will cover a tenancy for four years and is a tax-allowable letting expense. I do not accept the IPOA contention that it is not possible for landlords to fund the net cost in the context of average rent levels. The single, and potentially multi-annual, registration fee of €70 per tenancy replaces an annual fee per tenancy of €51 that landlords had previously been liable to pay to local authorities. For many landlords, therefore, registration cost may be significantly reduced.
12 Dr. Upton asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the practice of puppy farming here; the efforts his Department has made to combat this practice; and if he will make a statement on the matter. [20089/04]
Following discussions between my Department and relevant interests, a working group has been established to review the management of dog breeding establishments nationally. The new group will be chaired by a prominent veterinary surgeon and include representatives of the various interest groups.
The specific terms of reference of the group are "to examine the current position regarding management of kennels and to make recommendations for such improvements, including better regulation, as it considers necessary in this area". The group is being asked to conclude its deliberations and submit its report and recommendations before Christmas. The recommendations will then be considered as a matter of urgency.
13 Mr. Kenny asked the Minister for the Environment, Heritage and Local Government the files which have been requested from his Department by the Mahon tribunal; and if he will make a statement on the matter. [21449/04]
The Tribunal of Inquiry into Certain Planning Matters and Payments is empowered by relevant Oireachtas resolutions to carry out such preliminary investigations in private, as it thinks fit. My Department has co-operated with all requests by the tribunal to make files available. However, it would not be appropriate to disclose details of material provided in this way to the tribunal, on a strictly private and confidential basis, in the course of its investigations.
14 Mr. J. O’Keeffe asked the Minister for the Environment, Heritage and Local Government when it is intended to introduce legislation to revise the Dáil constituencies; and if the next draft register of electors will reflect the existing situation or the new constituency boundaries proposed. [22451/04]
In accordance with normal practice, I will shortly present to Government for approval proposals in regard to implementation of the January 2004 Report of the Constituency Commission on Dáil Constituencies. Legislation will be brought forward as soon as possible after that.
As the register of electors cannot be adapted to take account of revised Dáil constituencies until the amending legislation is enacted, it is unlikely that the draft register of electors for 2005-06 to be published in November 2004 will reflect the revised Dáil constituencies. Once the legislation is enacted, local authorities will have the capability of adapting the register of electors to reflect revised constituency boundaries if required.
15 Mr. Durkan asked the Minister for the Environment, Heritage and Local Government the extent to which he has evaluated the huge burden of extra taxation imposed on home buyers by the introduction of dramatic increases in local authority development levies or charges; if he has in mind any proposals to alleviate the now incredible tax burden on potential householders; and if he will make a statement on the matter. [22664/04]
Planning authorities have been levying development contributions since the introduction of modern planning arrangements in 1964 Act. Development contributions are not a tax but are charged to allow local authorities to recoup some of the costs to public funds of servicing land for private development. Without contributions, the provision of services could not proceed or the full cost would have to be borne by the taxpayer.
In the Planning and Development Act 2000 new provisions were enacted to introduce transparency into the way in which development contributions are levied. Decisions as to the appropriate level of contributions are now a matter for the elected members, although my Department had the opportunity to comment on the draft development contribution schemes prior to their adoption.
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 the new development contribution schemes will not be measurable until 2006-07. The statistics collected do not differentiate between different types of development for which contributions have been paid.
The general issues relating to taxation mentioned in the question would be a matter for the Minister for Finance.
16 Mr. Neville asked the Minister for the Environment, Heritage and Local Government the EU directives and regulations regarding which the Government is still in dispute with the European Union; the status of the dispute in each case; and the level of penalty that may be incurred in each case. [22606/04]
Currently my Department is in correspondence with the European Commission in respect of 65 cases relating to possible breaches of EU environmental legislation in the areas of air, planning and environment policy, nature, noise, radiation protection, waste and water. While the vast majority of issues are resolved without any recourse to the European Court of Justice, at present nine of these are the subject of proceedings in the court in respect of non-compliance, or alleged non-compliance, with EU environmental legislation. This includes one case where the Commission has applied to the court to have a daily fine of €21,600 imposed on Ireland, relating to implementation of the directive on the assessment of the effects of certain public and private projects on the environment, commonly known as environmental impact assessment or EIA directive. It is not possible to anticipate the decision of the court in this case.
17 Mr. J. O’Keeffe asked the Minister for the Environment, Heritage and Local Government his views on whether there is an anomaly in that pensioners and others who would normally be entitled to either total or partial waiver in respect of refuse charges are unable to obtain same when the local authority has contracted out the collection system to a private operator; and if he will now have the regulations amended to remove this anomaly. [22452/04]
The provision by a local authority of a waiver in respect of all or part of a charge in respect of the provision of a waste service by, or on behalf of, that authority is solely a matter for the local authority concerned. Nevertheless, inconsistencies in relation to the availability of waivers and related issues connected with waste charges have been brought to my attention in discussions with the social partners in the context of the Sustaining Progress special initiatives. It has been indicated that the matter will be given further consideration, in conjunction with the Department of Social and Family Affairs, and an examination of the issues involved is currently taking place.
18 Mr. O’Shea asked the Minister for the Environment, Heritage and Local Government if he has plans to introduce controls on the use of polystyrene as a packaging material, especially when used as packing for electrical goods, in view of the fact that it is not recyclable and is bulky and difficult to dispose of; and if he will make a statement on the matter. [22577/04]
Polystyrene is widely used internationally as protective packaging in the transport of electrical and other goods. While such packaging can be recycled, for example, for insulation purposes, there are limited outlets for it in Ireland. The recycling of polystyrene is further hindered by its high volume to weight ratio and the associated costs of collecting such material.
Article 18 of European Parliament and Council Directive 1994/62/EC on packaging and packaging waste prohibits member states from impeding the placing on the market of packaging which satisfies the provisions of the directive, that is, which is in accordance with the essential requirements specified in Annex II of the directive as to the composition and the reusable and recoverable nature of packaging. On foot of these provisions, the introduction of controls on polystyrene protective packaging — such as that used on electrical goods — is not under consideration.
The Litter Monitoring Body, which is co-ordinated by my Department, has published two reports to date — in respect of the years 2002 and 2003 — which provide valuable statistical data in relation to litter pollution in Ireland. Fast food take-away bags and wrappers, much of which comprise polystyrene, have been identified as the largest litter component in the packaging litter category, which is the third largest category of litter after cigarette and food related litter. In the light of the findings of the first Litter Monitoring Body report published in July 2003, in respect of the year 2002, my predecessor announced the intention to take measures to tackle litter caused by fast food packaging, together with chewing gum and ATM receipts which were also identified as significant elements of litter pollution. To this effect, a consultancy study was commissioned to carry out an analysis and recommend appropriate economic instruments, including environmental levies, that might be implemented to tackle the litter problems caused by these items. Further to the recent completion of the consultancy study, my predecessor announced a public consultation on the consultants' report last week.
In their report, the consultants recommend, in relation to fast food packaging, that a negotiated agreement be concluded between Government and the fast food sector involving the putting in place of litter protocols, action plans, targets etc. It would be my intention to seek a commitment to the phasing out of the use of polystyrene in fast food packaging, in favour of biodegradable materials, as part of any such negotiated agreement. A final decision on the proposed action to deal with fast food packaging will be taken on foot of the conclusion of the public consultation process.
19 Mr. Rabbitte asked the Minister for the Environment, Heritage and Local Government if he will report on the main features of the plan announced by his Department and the Department of Social and Family Affairs under which local authorities will assume responsibility for meeting the long-term housing needs of persons who currently qualify for the rent supplement scheme; the additional funds or resources which will be provided to local authorities for this programme; and if he will make a statement on the matter. [22586/04]
The Government announced in early July 2004 a new initiative whereby local authorities will meet the long-term housing needs of social welfare rent supplementation recipients. The new arrangements will involve local authorities progressively assuming responsibility over a four year period for accommodating rent supplement recipients who have been assessed as having long-term housing need, excluding asylum-seekers or other non-nationals who do not have leave to remain in the State permanently and persons in receipt of rent supplement as a "back to work" incentive or of mortgage supplementation.
Under the new rental accommodation scheme local authorities will use a range of measures, including entering into direct contractual arrangements with accommodation providers in the private rental sector, to provide good quality and affordable accommodation for SWA rent supplement recipients who are in need of long-term housing support.
The new approach will provide a structured, proactive, supply based approach to meet long-term housing need instead of depending on ad hoc rent allowance payments. It will also involve the development of additional accommodation through new-build PPP type projects, which would be financed, developed and operated on a long-term basis by the private sector but made available exclusively for households nominated by local authorities.
Funding will be provided to local authorities to support the cost of the new scheme through the redirection of resources from the existing social welfare allowance rent supplement scheme. This funding is in addition to moneys already being provided under the local authority housing programmes. The Government's commitment to the social housing programmes, with a combined 2004 Exchequer and non-Exchequer provision of €1.884 billion, will be in no way diminished. However, we hope to get better value for the totality of spending as between the local authority provision and the rent supplement scheme.
I see the new long-term approach as facilitating a more effective response to housing need through better accommodation standards and security for tenants, improved value for money and an increased supply of accommodation.
20 Mr. Sherlock asked the Minister for the Environment, Heritage and Local Government the progress made during the Irish Presidency in regard to the proposed Council directive setting out basic obligations and general principles on the safety of nuclear installations and on the management of spent nuclear fuel and radioactive waste; and if he will make a statement on the matter. [22593/04]
During its Presidency of the European Union, Ireland actively sought to progress towards the adoption of these two directives. The two proposed directives comprised a Council directive setting out basic obligations and general principles on the safety of nuclear installations and a Council directive on the management of spent nuclear fuel and radioactive waste. Taken together the proposals were known as the nuclear safety package.
In chairing the European Council's Atomic Questions Working Group, Ireland sought to find a sound consensus on the package to facilitate its adoption at the earliest opportunity. While a number of member states, including Ireland, favoured the adoption of these EU directives, a blocking minority were opposed to the principle of a legal instrument. Despite intensive efforts on the part of the Presidency to find unanimous agreement in the group for the adoption of the package in the form of directives, the group was unable to reach a consensus in that regard.
The Council of the European Union, at a meeting on 28 June 2004, adopted conclusions on nuclear safety and on the safety of the management of spent nuclear fuel and radioactive waste. These conclusions reaffirmed the commitment of the Community and its member states to a high level of nuclear safety and to the safe management of spent fuel and radioactive waste. The Council also stated that it would return to this matter in a timely manner.
The European Commission has now put forward amended proposals for a Council directive laying down basic obligations and general principles on the safety of nuclear installations and for a Council directive on the safe management of spent nuclear fuel and radioactive waste. It is envisaged that these new proposals will be discussed in the atomic questions working group in due course.
21 Mr. Crowe asked the Minister for the Environment, Heritage and Local Government if his Department has completed its examination of the income limits for affordable housing and shared ownership schemes referred to in the reply to Question No. 789 of 27 April 2004; if he intends to increase the loan limits under the affordable housing and shared ownership schemes in line with inflation; and if he will make a statement on the matter. [22610/04]
My Department has completed the review referred to in the question. As a result, significant improvements to the loan and income limits for shared ownership and affordable housing schemes have been made. The revised income limit is now €36,800 for a single income household and €92,000 for a two income household, while the maximum loan that can be advanced for a local authority house purchase is €165,000. In addition, the period for which local authorities may advance loans has been extended from 25 years to 30 years.
22 Mr. Morgan asked the Minister for the Environment, Heritage and Local Government when he will introduce regulations under sections 28 and 29 of the Waste Management Act 1996 to bring about waste prevention and minimisation, particularly with respect to packaging waste. [22609/04]
Article 18 of European Parliament and Council Directive 1994/62/EC on packaging and packaging waste prohibits member states from impeding the placing on the market of packaging which satisfies the provisions of the directive, that is, which is in accordance with the essential requirements specified in Annex II of the directive as to the composition and the reusable and recoverable nature of packaging.
Notwithstanding this, I share the Deputy's concerns with regard to the over-packaging of certain goods. Excessive packaging is generated through a combination of poor packaging design, inefficient production or manufacturing processes, and unsustainable consumption patterns, for example, by purchasing excessively packaged products. Taking action to prevent waste being generated in the first place is fundamental to the overriding objective of de-coupling economic growth from growth in waste arisings. However, Ireland is particularly disadvantaged in relation to the prevention and minimisation of packaging in that approximately 75% of the packaging placed on the market here is imported in association with imported goods.
The principle of producer responsibility requires waste producers to contribute to the waste management costs of products which they have placed on the market at end-of-life. In support of this approach, a producer responsibility initiative already operates in Ireland in relation to packaging waste, underpinned by the Waste Management (Packaging) Regulations 2003, which replaced earlier regulations introduced in 1997. Under the regulations, producers are required to take steps to recover packaging waste or alternatively to contribute to, and participate in, compliance schemes set up to recover packaging waste. Repak Limited, established by Irish industry in 1997 to promote, co-ordinate and finance the collection and recovery of packaging waste with a view to achieving Ireland's packaging waste recovery and recycling targets under European Parliament and Council Directive 1994/62/EC on packaging and packaging waste, is the only such approved compliance scheme. While Repak's primary role is to support the recycling of packaging waste rather than packaging minimisation, the fees structure applicable to its members, which is related to the type and amount of packaging placed on the market, reflects the polluter pays principle and directly incentivises the minimisation and reuse of packaging by producers.
Earlier this year, my predecessor launched an ambitious national waste prevention programme aimed at delivering significant improvements in waste prevention and minimisation across all waste streams, including packaging. This programme is being led by a core prevention team within the EPA which will have the task of developing the programme in consultation with other stakeholders. Funding of €2 million from the environment fund is being provided for the national waste prevention programme in 2004.
23 Ms Lynch asked the Minister for the Environment, Heritage and Local Government the position with regard to the implementation to date of the national spatial strategy; and if he will make a statement on the matter. [22570/04]
46 Mr. Gogarty asked the Minister for the Environment, Heritage and Local Government his views on the statement (details supplied) that the Government decentralisation plan effectively meant that the national spatial strategy was being driven by short-term policies; and if, during the summer recess of 2004, changes have taken place in Government policy to take account of these concerns. [22631/04]
I propose to take Questions Nos. 23 and 46 together.
The Government is fully committed to the implementation of the national spatial strategy, NSS, and has put a wide range of measures in place at national, regional and local levels aimed at achieving the strategy's objectives. A significant milestone in the implementation of the strategy was reached earlier this year with the adoption by all regional authorities of regional planning guidelines which will help to structure and inform local planning. For the first time guidelines of this nature have now been put in place throughout the whole country setting the strategic policy agenda which planning authorities must address in their development plans and creating the crucial linkage needed between overall national spatial policy as set out under the NSS and local planning policies.
I am aware of the views expressed by the president of the Irish Planning Institute. I value and welcome the views of all stakeholders in the planning process but I consider that much has been done in recent years to strengthen and renew spatial planning in Ireland. Recent developments of note supporting the achievement of the Government's objectives as set out under the NSS have included the substantial progress now being made on major national development plan capital investment programmes supporting balanced regional development, particularly in the development of key regional and inter-regional road and rail linkages and in other substantial infrastructure projects which will support the role the key gateways and hubs identified in the strategy.
The mid-term review of the national development plan also signalled strongly the potential for further aligning NDP expenditure with the NSS planning framework, particularly in the environmental infrastructure and regional operational programmes. Gateway implementation frameworks are now in place in Cork and Galway and work on similar is advancing in other areas. The proposals announced earlier this year for substantial investment in new suburban rail services in the Cork area are a significant example of a direct response from the Government to planning policies agreed at regional level to promote the development of a gateway.
In adopting and publishing the NSS the Government stated that it would take full account of the strategy in moving forward the progressive decentralisation of Government offices and agencies. The decentralisation programme takes account of the NSS. However, the Government also had to take account of a wide range of other factors in selecting suitable locations for decentralisation. These other factors included the core business and nature of the relevant Department or agency, the location of their customer base, the location of existing decentralised offices, the desirability of clustering a Department's decentralised units within a region, the importance of respecting the scale and character of locations in terms of their capacity to absorb the new jobs involved, the existence of good transport links and the general infrastructure capacity in the locations selected.
In addition to gateways and hubs, the NSS identified the need to strengthen the county town and large town structure and the need for a renewed emphasis on the potential of small towns, villages and rural areas. The strategy envisages that county towns and other medium-sized towns would continue to play important roles as "local capitals", developing their enterprise and service functions and continuing to provide opportunities for employment both in the towns themselves, and in related smaller towns, villages and rural areas. The relocation of public service employment to many of these towns will help to underpin the important role which many of them will continue to play into the future. The Government remains fully committed to this decentralisation programme.
24 Ms B. Moynihan-Cronin asked the Minister for the Environment, Heritage and Local Government the position regarding the threat by the EU Commission to take legal action arising from the decision of the Government to introduce a €20 charge for making a submission on a planning application; and if he will make a statement on the matter. [22574/04]
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, responding to each of the points raised in the reasoned opinion, issued to the European Commission on 16 May 2003, set 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 proposal to amend the relevant regulations which reflect an approach endorsed by the Oireachtas in the context of the Planning and Development Act 2000.
25 Mr. Allen asked the Minister for the Environment, Heritage and Local Government the locations of all illegal dumps found by local authorities from 2000 to date; and the actions which have been taken in each case against the illegal dumpers by the relevant local authorities. [22603/04]
The information requested is not available in my Department. The Office of Environmental Enforcement, OEE, has commissioned a comprehensive study to establish and document the extent of unauthorised waste activities in Ireland, and the extent to which they occur in each of the 34 major local authority areas. The objectives of the project include to review and document the current procedures and practices used by the relevant authorities to investigate unauthorised waste activities, and also their use of powers available to tackle unauthorised activities. I expect this study to be completed early in 2005.
The OEE has also established an unauthorised waste working group, including representatives of the local authorities and my Department, whose functions include co-ordination of enforcement actions against companies and individuals involved in the illegal movement and disposal of waste in Ireland.
26 Mr. Gormley asked the Minister for the Environment, Heritage and Local Government the position regarding the implementation of the national biodiversity action plan; and if he will make a statement on the matter. [22633/04]
The National Biodiversity Plan 2002-2006 was adopted by Government and published in April 2002.
The plan was prepared in response to Ireland's obligations under the Convention on Biological Diversity, to which Ireland acceded in 1996. This convention, which has been ratified by 188 contracting parties, provides the framework within which nature conservation and other issues relevant to the conservation and sustainable use of biodiversity are be addressed on a worldwide basis.
The national biodiversity plan pays special attention to the need for integrating of the conservation and sustainable use of biological diversity into all relevant sectors. It covers three levels at which biodiversity may be addressed, namely, ecosystem diversity, species diversity and genetic diversity. The plan sets out some 91 strategies and actions under various themes, and focuses on identifying specific measures and implementation mechanisms.
The plan contains a commitment to carry out a full interim review of progress in its implementation. Work on this review is advanced and it is intended to publish a report on it by early 2005.
27 Mr. O’Shea asked the Minister for the Environment, Heritage and Local Government his views on the preliminary ruling of the European Court of Justice in the case taken by the Commission against Ireland regarding the failure to comply with EU directives on waste disposal, including illegal dumping; and if he will make a statement on the matter. [22576/04]
It would be premature to comment in detail on the relevant opinion of the Advocate General, given the further considerations which must be given to this matter by the European Court. However, I intend that the opinion will be carefully assessed and where gaps have been identified in our current control regime these will be urgently rectified. Nevertheless, it must be stressed that this case relates to past activities and, in the interim, substantial advances have been made in the statutory provisions governing waste management in Ireland, and their enforcement. These include the following: the Waste Management Act 1996, as amended by the Waste Management (Amendment) Act 2001, and the Protection of the Environment Act 2003, along with a range of supporting regulations, have brought the law in relation to waste into line with best European practice; the licensing regime operated by the EPA has also significantly evolved and over 160 waste licences have been issued by the agency to date; the provision of modernised waste infrastructure and services, all fully licensed, is continuing at an accelerated pace; for all existing municipal waste disposal sites operate under EPA waste licences; and the significant national overview of waste management, Taking Stock and Moving Forward — April 2004 — demonstrated considerable advances in the provision of waste services between 2001 and 2003: the number of bring banks increased from 1,400 to 1,700, civic amenity sites increased from 46 to 61 and the position regarding licensed landfill capacity also showed improvement.
I regard enforcement as a key element in making further progress. This objective is being advanced in a number of ways. There has been considerable strengthening of enforcement powers and penalties under the Protection of the Environment Act 2003. I have allocated €7 million for the first year of a major five-year campaign of waste enforcement activity with the objective of supporting and enhancing local authority enforcement activity. The Office of Environmental Enforcement, OEE, has been established and has in turn established a national enforcement network to ensure a consistent standard of enforcement quality and evenness of activity across local authorities. The OEE has recently engaged consultants to conduct a study of unauthorised waste activities, which will include establishing the extent of unauthorised activities, a review of current procedures and the development of guidance on investigation of unauthorised activity.
I intend to continue to place major emphasis on ensuring further progress, including any further measures which may prove necessary in response to the prospective judgment of the European Court.
28 Mr. Gormley asked the Minister for the Environment, Heritage and Local Government the measures that need to be taken for Ireland to comply with its obligations to limit the growth of greenhouse gas emissions, in view of the U-turn in Government policy with regard to the introduction of a carbon tax. [22632/04]
56 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 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. [22558/04]
60 Caoimhghín Ó Caoláin asked the Minister for the Environment, Heritage and Local Government the measures he intends to take to enable the State to comply with its obligations under the Kyoto Protocol and to combat climate change in view of the decision not to proceed with the introduction of carbon taxes. [22616/04]
I propose to take Questions Nos. 28, 56 and 60 together.
Following an examination of the carbon tax proposal, including an extensive public consultation, the Government has 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 2008-12. 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. These 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.
29 Mr. M. Higgins asked the Minister for the Environment, Heritage and Local Government the action he intends to take arising from his Department’s annual housing statistics bulletin which showed that the price for new and second-hand houses was rising at approximately eight times the rate of inflation and that house buyers were forced to borrow €17 billion in 2003 to finance the purchase of housing; the steps he intends to take to ensure that families can have access to affordable housing; and if he will make a statement on the matter. [22567/04]
45 Mr. M. Higgins asked the Minister for the Environment, Heritage and Local Government the average cost of a new house in Dublin, a second-hand house in Dublin, a new house outside of Dublin, and a second-hand house outside of Dublin, in respect of 1997 and the latest year for which figures are available; the plans he has to ensure availability of affordable housing in view of recent figures (details supplied) showing that house price inflation here was seventh highest of 20 countries surveyed; his estimate of the likely increase in house prices during 2004; and if he will make a statement on the matter. [22566/04]
I propose to take Questions Nos. 29 and 45 together.
The unprecedented demand for housing, fuelled mainly by rapid economic growth and demographic changes, has been the major driver of house price increases in recent years. The Government's strategy is to increase housing supply to meet demand and to improve affordability, particularly for first-time buyers, and in this way to seek to bring moderation to house price increases.
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. Detailed information on house prices are set out in my Department's Housing Statistics Bulletin, copies of which are available in the Oireachtas Library. A number of market commentators, including the Central Bank, are now predicting greater balance in the housing market over the next few years, as increased supply has a restraining effect on house prices. Indicative data available to the Department show 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. The investment in the servicing of land has led to a strong stock of land available for residential development.
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 housing needs of over 13,600 households were met in 2003 compared to almost 8,500 in 1998, which is the highest level of housing provision under the full range of social and affordable housing measures for over 15 years. The total amount of funding available for social and affordable housing measures in 2004 of €1.884 billion is over four times that amount provided in 1997 and represents an increase of 5.4% of the 2003 provision.
30 Mr. Sherlock asked the Minister for the Environment, Heritage and Local Government the position regarding this country’s international legal case in connection with the Sellafield nuclear plant; and if he will make a statement on the matter. [22592/04]
The arbitration proceedings brought by Ireland against the United Kingdom under the United Nations Convention on the Law of the Sea, UNCLOS, in relation to the Sellafield MOX plant are currently adjourned pending resolution of jurisdictional issues in the dispute, which were raised by the European Commission. However, Ireland was granted a provisional measures order by the tribunal on 24 June 2003. This order called upon the United Kingdom and Ireland to make arrangements to review and improve co-operation and consultation between the two countries. Discussions in this regard between officials from Ireland and the United Kingdom are currently ongoing.
The jurisdictional issues raised by the European Commission are currently the subject of litigation between Ireland and the Commission before the European Court of Justice. Under the provisions of the European Court of Justice, third party member states can intervene in proceedings between another member state and the European Commission. In accordance with these provisions the UK has intervened in support of the European Commission case while Sweden has intervened in support of the case made by Ireland. Pleadings are currently being exchanged in these proceedings and while a date for the court hearing has not been set, it could be heard at the end of this year or early 2005.
31 Mr. Broughan asked the Minister for the Environment, Heritage and Local Government the number of social and affordable houses built to date under Part V of the Local Government (Planning and Development) Act 2000; if he has satisfied himself at the numbers built to date; if he has plans for measures to ensure that more houses are built under this provision; and if he will make a statement on the matter. [22562/04]
I refer to the reply to Questions Nos. 1 and 2 of 30 September 2004.
32 Mr. Penrose asked the Minister for the Environment, Heritage and Local Government if the Government remains committed to introducing legislation to control or regulate political lobbying; when it is expected that such legislation will be introduced; and if he will make a statement on the matter. [22580/04]
Following the report by the Institute of Public Administration on the regulation of lobbyists in developed countries, which was placed in the Oireachtas library in June 2004, further more detailed research is being commissioned on those states which have formal systems in place. The question of the regulation of lobbyists is being examined in light of the initial report and of other current legislative proposals and initiatives in this area; the planned research will further inform the ongoing assessment.
33 Mr. Stagg asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to reports that a deadly cargo of weapons grade plutonium en route from the US to France may pass close to or through Irish waters; if he has sought and received an assurance that this shipment will not pass through Irish waters; and if he will make a statement on the matter. [22589/04]
34 Mr. Eamon Ryan asked the Minister for the Environment, Heritage and Local Government if a shipment of radioactive cargo taken from the warheads of US strategic missiles bound for the French port of Cherbourg will be prevented from entering Irish territorial waters; and the communication he has had in this regard with the British Government and the owners of the ships involved (details supplied). [22636/04]
43 Mr. S. Ryan asked the Minister for the Environment, Heritage and Local Government the response he has received to the proposal made jointly with New Zealand, Peru and Chile to the International Atomic Energy Agency seeking detailed information for coastal states on shipments of nuclear waste on international seas; and if he will make a statement on the matter. [22591/04]
I propose to take Questions Nos. 33, 34 and 43 together.
I am aware of the proposed shipment from the United States to France. This shipment arises from an agreement between the US and Russia in regard to the decommissioning of nuclear weapons. I understand that weapons grade plutonium arising from the decommissioning process is being shipped from the US to France for fabrication into MOX nuclear fuel for application in US nuclear reactors. I understand that the shipment which departed the US on the 20 September last is expected to transit only international and French territorial waters at the European end. My officials have sought and received assurances from the United States and France that the shipment will not enter Irish territorial waters. On this basis, the issue of preventing the shipment entering Irish waters does not arise. In addition to the information received from the US and France, the UK Government advised my officials of the dispatch of the two ships from the UK to collect the shipment from the US for transport to France. This communication was on a Government to Government basis and no direct communication took place with British Nuclear Fuels Limited.
The issue of notification and communication on nuclear shipments between nuclear shipping states and non-nuclear coastal states has been a difficult issue at the IAEA for some years. Coastal states including Ireland argue that given public concern, the risk of an accident, the risk of environmental damage etc. posed by international nuclear shipments it is necessary for those states to be given detailed information regarding such shipments to allow them to assess the risk and take measures in relation to emergency preparedness and response should they consider it appropriate. The shipping states argue that these shipments utilise international waters, conform to the highest standards of safety set by the IAEA and are safe and secure. They also consider that notification and communication obligations would compromise the fundamental right of innocent passage for all high seas shipments enshrined in international law.
Ireland has participated actively and constructively on this issue annually in the IAEA General Conference. In the 2004 General Conference Ireland again adopted a key role in the drafting of the resolution on transport safety, which addresses the issue of communication on shipments between shipping and coastal states. I am pleased to say that this resolution was ultimately sponsored by Chile, France, Ireland, Japan, New Zealand, Peru, the UK, the USA, and Turkey. It received widespread support from all of the other member states of the EU as well as numerous other delegations at the conference. It was adopted at the plenary session of the General Conference by consensus on 24 September last. While the issue will continue to prove difficult, I believe this resolution provides a basis on which to address the concerns of coastal states and Ireland with like minded states will continue to pursue these issues at the IAEA and other relevant international fora.
35 Ms Burton asked the Minister for the Environment, Heritage and Local Government if he has received the report of the NESC on housing and building land; when it is expected that the report will be published; if he has completed his consideration of the results of the research he commissioned from a company (details supplied) into the ownership and control of building land in certain development areas, particularly Dublin, to determine whether current practices are retarding the overall delivery of building land or impeding long term market stability; when the results of the research will be published; and if he will make a statement on the matter. [22560/04]
I refer to the reply to priority Question No. 5 on today's Order Paper.
37 Mr. Wall asked the Minister for the Environment, Heritage and Local Government the position in regard to the proposed nitrates directive; and if he will make a statement on the matter. [22585/04]
Council Directive 91/676/EEC, commonly known as the nitrates directive, has been implemented in Ireland by way of extensive monitoring of nitrate levels in waters, the assessment of the trophic status of waters, the development and dissemination in 1996 of a code of good agricultural practice to protect waters from pollution by nitrates and a range of other measures which operate to protect water quality from pollution by agricultural sources.
These other measures include the provision of funding under schemes administered by the Department of Agriculture and Food, DAF, such as the control of farmyard pollution scheme, the rural environment protection scheme and the farm waste management scheme to support expenditure by farmers in meeting on measures for pollution control and environmental protection standards. They also include bye-laws made by local authorities under the Local Government (Water Pollution) Acts, a wide range of implementation and enforcement actions taken by local authorities under those Acts, the progressive extension of the integrated pollution control licensing system operated by the EPA to apply to a wider range of intensive agricultural activities, and the introduction of requirements for compliance with good farming practice in the context of EU-funded direct payments to farmers under agri-assistance schemes administered by DAF. Under the single farm payment scheme, which will replace a number of existing direct payment schemes from January 2005, farmers will be required to comply with a number of EU legislative provisions including the nitrates directive.
Extensive discussions with the main farming organisations and other interests have taken place since December 2001 as to the further implementation of the nitrates directive. In February 2002, my Department issued an information paper on good agricultural practice and protection of the environment, which set out the background issues and the preferred approach of applying an action programme to all areas rather than to designated vulnerable zones. Consistent with the approach set out in the paper, the European Communities (Protection of Waters Against Pollution from Agricultural Sources) Regulations 2003 identified the whole territory of Ireland as the area to which an action programme will be developed and applied for the purposes of the nitrates directive.
A draft national action programme for further implementation of the directive was prepared by my Department, jointly with DAF and in consultation with Teagasc, and was issued for consultation on 19 December 2003. Some 70 submissions were received from interested parties and a revised draft was prepared having regard to the submissions received. The revised draft was made available on 9 July 2004 to interested parties in a second round of consultation. An independent adviser was appointed to consider the comments received and to make a report to me with recommendations regarding the provisions of the draft programme.
I understand some 50 submissions have been received and I hope to receive the report and recommendations of the independent adviser shortly. The draft action programme will then be revised as necessary and submitted to the EU Commission. The action programme will be implemented on a phased basis with effect from 1 January 2005 and will operate for a period of four years.
The directive requires the application of a general landspreading limit of 170 kg of organic nitrogen per hectare per annum and the action programme must reflect this requirement which is underpinned by recent judgments of the European Court of Justice. However, in accordance with the commitment given in Sustaining Progress, an application is being made to the European Commission for approval to apply higher limits — up to 250 kg per hectare per annum in appropriate circumstances — in relation to the landspreading of organic nitrogen. The case for this derogation is being developed by DAF and Teagasc in consultation with my Department.
A comprehensive guidance document on the requirements of the action programme is being prepared by DAF and will be distributed to farmers and other stakeholders. This document will explain the requirements of the action programme in detail and provide specific advice on good farming practice in respect of each measure specified in the action programme.
38 Mr. Boyle asked the Minister for the Environment, Heritage and Local Government if he has satisfied himself regarding the mandate given to An Bord Pleanála and that it has the resources to implement it; and if he will make a statement on the matter. [22628/04]
The Planning and Development Act 2000 expanded the role of the board to include approvals of major local authority infrastructure projects, as well as introducing new timeframes intended to streamline planning appeal procedures. Officials from my Department and An Bord Pleanála have been addressing on an ongoing basis a range of measures to enable the board to discharge its functions effectively. As a result, significant additional staffing and financial resources have been allocated to the board.
Currently the authorised staff complement, excluding board members, is 138, an increase of 53 posts since July 1997. In 2003, An Bord Pleanála was paid €10.823 million in funding by my Department. A further €11.2 million was allocated in 2004, an increase of 5%.
These additional resources and changes in the board's work practices are having results. The board is now determining over 80% of appeals within its statutory objective of 18 weeks. This improvement in its performance has been secured notwithstanding a steady increase in the numbers and complexity of appeals over the last few years.
39 Mr. Boyle asked the Minister for the Environment, Heritage and Local Government his views on the significant number of archaeological sites along the Tara-Skryne motorway route; and his further views on whether alterations can be made to the route at this stage of the planning process to minimise the impact on these sites. [22629/04]
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 a number of such directions which I will consider in accordance with the provisions of the Act. Pending determination of these applications, it would not be appropriate for me to comment on the issues involved.
40 Mr. J. Bruton asked the Minister for the Environment, Heritage and Local Government if he proposes to amend the schemes of discretionary improvement and block grants to local authorities in order to fulfil the joint programme promise that a portion of the road budget would be specifically earmarked for footpaths for pedestrians. [20277/04]
Road grants provided by my Department for non-national roads include provision for funding footpaths. Urban road authorities receive a special block grant for footpath-carriageway restoration which must be used for restoration works on carriageways and footpaths. A total of €15.087 million has been provided in 2004, an increase of 10.6% on the 2003 allocation. In addition, a total sum of €2.183 million has been allocated to Cork, Galway, Limerick and Waterford City Councils under the regional traffic management scheme in 2004. This funding can be used for various works including the provision and improvement of pedestrian facilities.
Local authorities may use their own resources, as supplemented by my Department's discretionary improvement and block grants, to fund the provision of footpaths. In 2004, the total discretionary improvement grant allocation by my Department to county councils is €22 million, which represents an increase of 5% on the 2003 allocation. The total 2004 block grant allocation by my Department to city, borough and town councils is almost €14.1 million, which represents an increase of 8.6% on the 2003 allocation.
41 Aengus Ó Snodaigh asked the Minister for the Environment, Heritage and Local Government the progress which has been made to date with regard to the 10,000 houses promised as part of Sustaining Progress; and if he will make a statement on the matter. [22613/04]
I refer to the reply to Questions Nos. 1 and 2 of 30 September 2004.
42 Ms B. Moynihan-Cronin asked the Minister for the Environment, Heritage and Local Government the progress made to date in regard to his consideration of the report of the Health Research Board study commissioned by his Department into the likely effects of landfill and thermal treatment; the specific steps he intends to take to deal with the finding in the report that Ireland has insufficient resources to carry out adequate risk assessments for proposed waste management facilities; and if he will make a statement on the matter. [22575/04]
The report referred to is the subject of ongoing consideration between my Department, the Department of Health and Children and the Environmental Protection Agency. This process includes consideration of the report on the Review of Environmental and Health Effects of Waste Management: Municipal Solid Waste and Similar Wastes, which was more recently published by the UK Department for Environment, Food and Rural Affairs.
I intend, with the agreement of my colleague, the Minister for Health and Children, to publish a detailed statement on the matter before the end of the year.
44 Aengus Ó Snodaigh asked the Minister for the Environment, Heritage and Local Government if he will introduce regulations under section 29(4)(f) of the Waste Management Act 1996 requiring a producer, distributor or retailer to operate a deposit refund scheme in relation to certain products such as beverage containers, batteries and so on which are made, distributed or sold by such persons; and if he will make a statement on the matter. [22612/04]
50 Mr. Sargent asked the Minister for the Environment, Heritage and Local Government if the introduction of compulsory deposits on beverage containers, for example, requires legislation or is already facilitated through the Waste Management Act 1996; and his plans to introduce such an initiative in view of his statement of 28 January 2003 that commercial packaging waste that can be recycled should be recycled and that disposal will not be an option. [22625/04]
I propose to take Questions Nos. 44 and 50 together.
Section 29 of the Waste Management Act 1996 sets out comprehensive provisions relating to the recovery of waste, including enabling provision for the making of regulations requiring producers, distributors or retailers of specific products or substances to operate deposit and refund schemes in respect of such products or substances, or of any component of or packaging related to, such products or substances.
With regard to beverage containers, European Parliament and Council Directive 1994/62/EC on packaging and packaging waste is based on the concept of producer responsibility, which effectively requires producers to contribute to the waste management costs of products which they have placed on the market at end-of-life. Under the directive, Ireland was required to achieve a 25% recovery rate of packaging waste by 1 July 2001, increasing to a 50% recovery rate by 31 December 2005. Practical implementation of the directive in Ireland is organised mainly through a collective industry-based compliance scheme operated by Repak which is working successfully and in 2001 met the target of 25% packaging waste recycling required by the directive.
The EPA has reported in its National Waste Database Interim Report for 2002, published in June 2004, that packaging waste recovery increased further to an estimated 33% in that year. Progress has been further facilitated in the interim period arising from the implementation of the local and regional waste management plans, assisted by my Department from the environment fund, and new packaging regulations introduced last year requiring those who place packaging on the market to segregate their back-door packaging waste and have it collected by authorised operators. Bottles and cans sold and consumed in pubs, clubs and hotels are all covered and must now be recycled. The latest indications are that Ireland is on course to meet the higher recovery and recycling targets for end 2005.
Successful deposit and refund schemes operating internationally for beverage containers are generally located in those countries where there has been no break in the continuity and cultural tradition of deposit and refund arrangements. This is not the case in Ireland and there would now quite likely be significant costs involved in re-establishing deposit and refund arrangements here. Account would also have to be taken of the possible impact on existing compliance arrangements. Given that these arrangements are achieving the desired result in relation to meeting the recycling targets, the introduction of deposit and refund schemes for beverage containers is not under consideration.
The EU Commission published proposals in November 2003 for a directive on batteries, aimed primarily at increased collection and take-back of batteries, and their subsequent environmentally sound treatment and recovery, and the restriction on the use of hazardous substances in such products.
The use of economic instruments — including environmental levies, differentiated tax rates and deposit and refund schemes — to influence increased recovery of batteries by member states are being discussed in the context of the proposed directive. Pending the finalisation of the deliberations on the proposed directive, the introduction of deposit and refund arrangements for batteries is not under consideration.
47 Mr. Howlin asked the Minister for the Environment, Heritage and Local Government the number of persons on local authority housing lists at the latest date for which figures are available; the way in which this figure compares with the corresponding figure for the equivalent dates in each of the previous five years; the number of local authority dwellings completed or acquired in 2002 and 2003 and the anticipated number for 2004; and if he will make a statement on the matter. [22568/04]
61 Mr. Durkan asked the Minister for the Environment, Heritage and Local Government his plans to reduce the numbers on local authority housing waiting lists; if he expects to be in a position to deal adequately with the situation within the lifetime of the present Government; and if he will make a statement on the matter. [22663/04]
65 Mr. Costello asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the call made in the annual report of Threshold for the Government to at least double the number of social housing completions by local authorities; if he intends to act on this call; and if he will make a statement on the matter. [22564/04]
I propose to take Questions Nos. 47, 61 and 65 together.
The results of the statutory assessment of local authority housing need, which was undertaken by local authorities in March 2002, indicated that a total of 48,413 households were in need of housing, compared with 39,176 households in March 1999. Detailed information on the results of the 2002 assessment was published in my Department's September 2002 quarterly edition of the Housing Statistics Bulletin, copies of which are available in the Oireachtas Library. The next statutory assessment of need is due to be undertaken by local authorities in March 2005.
Local authorities completed-acquired 5,074 units in 2002, 4,972 units in 2003 and completions-acquisitions are envisaged at approximately the same level in 2004. In addition, the voluntary housing sector provided 1,360 units in 2002, 1,617 units in 2003 and is expected to provide 1,800 units in 2004.
While I am aware of calls to escalate the level of social housing provision, the Government has been conscious of the increased level of social housing need and has responded actively to this situation by expanding social and affordable housing output. For example, it is anticipated that total social housing output this year, taking account of new local authority housing vacancies arising in existing houses and output under other social housing measures, will meet the needs of around 13,000 households. This compares with some 7,000 households in 1993.
48 Mr. Cuffe asked the Minister for the Environment, Heritage and Local Government whether developers of less than four housing units and of one-off houses in rural areas make a contribution to affordable and social housing; and if he will make a statement on the matter. [22627/04]
Under Part V of the Planning and Development Acts 2000 to 2002, up to 20% of land zoned for residential development may be reserved for the needs of social and affordable housing. Planning applications for four or fewer houses or for housing developments on a site of 0.1 hectares or less are exempt from these requirements. These thresholds were set at a level at which it was considered practical to provide social and affordable housing in new housing developments.
49 Mr. Morgan asked the Minister for the Environment, Heritage and Local Government when the civic amenity centre in Drogheda will be completed and operational; the reason for the undue delay in the completion of this facility; the implications the delay is having on the recycling potential of residents in Drogheda; and if he will make a statement on the matter. [22608/04]
The initial application to my Department from Drogheda Borough Council for assistance towards the provision of a civic amenity centre in Drogheda could not be supported due to issues associated with the proposed procurement process. Following contact with my Department, the draft brief for the centre was modified significantly, and received approval from the Department on 15 April 2004. Consulting engineers have been appointed to the project, and the tender process should commence in the coming months.
Construction is expected to commence in early 2005 and to take not more than six months.
While the construction of the centre should be of significant benefit to the people of Drogheda and the surrounding region, I stress that recycling facilities are currently available in the town. A privatised kerbside collection is in operation, and there are ten extensively-used bring sites. Completion of the new centre will enable the people of Drogheda and its environs to improve their rates of recycling and recovery still further.
51 Mr. Ferris asked the Minister for the Environment, Heritage and Local Government the Government’s policy on the level of social housing rental stock which should be maintained in the State; his views on whether certain policies being pursued by some local authorities will result in a severe diminution in the level of social housing rental stock in the State; and if he will make a statement on the matter. [22615/04]
The Government is committed to the continued expansion of the social housing rented stock by both local authorities and voluntary housing bodies.
I am not aware of any specific proposals by local authorities to reduce the level of the local authority housing stock.
52 Mr. Broughan asked the Minister for the Environment, Heritage and Local Government the number of houses started and completed to date under the commitment included in the Sustaining Progress agreement to construct 10,000 affordable houses; when work will commence on the lands in Dublin, Meath and Kildare as announced on 13 July 2004 were to be handed over for this purpose; the location and acreage of the sites involved; and if he will make a statement on the matter. [22563/04]
I refer to the reply to Questions Nos. 1 and 2 of 30 September 2004.
On 13 July 2004, the Taoiseach announced a number of sites which had been made available by the Minister for Agriculture and Food and by a number of local authorities for the affordable housing initiative. These include lands in Dún Laoghaire Rathdown, Fingal, South Dublin, Kildare and Meath and the details are set out below. Development on these projects will now be progressed subject to planning, procurement and other statutory procedures, with a view to construction commencing at the earliest possible date.
In the Dublin area, sites were announced in three local authority areas. In Dún Laoghaire Rathdown, a number of sites in the Sandyford-Ballinteer area have been identified as potentially suitable for housing units under the AHI. In Fingal, a one hectare site was announced in Cappagh-Blanchardstown, and in South Dublin, 13 hectares at Backweston, Celbridge have been identified.
In Meath, there are four sites in Kilmessan (3-4 acres), Ballivor (½ acre), Winetown, Navan (3 acres) and Kells (4 acres). In Kildare, a further 6 hectares at Backweston, Celbridge were announced while sites in Athy and Clane, which in each case are part of a larger mixed social and affordable development, have also been identified.
53 Mr. Allen asked the Minister for the Environment, Heritage and Local Government the locations at which the electronic voting machines are stored; the number of machines in each location; the annual cost of storage at each location; and if he proposes to use these machines in the forthcoming by-elections in Kildare and Meath. [22602/04]
70 Mr. Cuffe asked the Minister for the Environment, Heritage and Local Government if he has studied the recent referendum in Venezuela in which both manual and electronic voting was used; and his views on whether elements of its voting system can be incorporated into this country’s voting system. [22626/04]
74 Ms McManus asked the Minister for the Environment, Heritage and Local Government if he has received further reports from the electronic voting commission; if not, when he expects to receive further reports; if it is intended to use electronic voting in by-elections that may be held; and if he will make a statement on the matter. [22572/04]
I propose to take Questions Nos. 53, 70 and 74 together.
Following publication of its interim report in April 2004, the Commission on Electronic Voting has been mandated by the Electoral (Amendment) Act 2004 to continue to assess the secrecy and accuracy of the electronic voting and counting system and to make a further report or reports for this purpose. While the commission has been in contact with my Department in regard to the content of a proposed further report, details of progress in fulfilling its mandate are a matter for the commission.
In parallel with the continuation of the commission's work, my Department is developing a programme of further testing and validation which is intended to address the concerns raised in the interim report with regard to the secrecy and accuracy of the electronic voting and counting system. The objective of this programme is to demonstrate both to the commission and to the public that the electronic system is suitable to be used at Irish elections. The timing of the further use of the system is dependent on the progress made with this programme of work and the dates on which future polls may be held. As part of the work programme, regard will continue to be had to further experiences internationally in the use of electronic voting and counting solutions and their applicability or otherwise to electoral arrangements in Ireland.
Details in relation to the number and location by Dáil constituency of voting machines in preparation for the June 2004 polls are set out in the reply to Questions Nos. 794, 824 and 827 of 27 April 2004. My Department is currently compiling an up to date inventory of voting machines and other items of hardware, together with details of related storage costs.
54 Ms Lynch asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the procedural difficulties experienced by Wicklow County Council and other councils in regard to finalisation of draft development plans; if he intends to introduce amendments to the planning legislation to address these difficulties; and if he will make a statement on the matter. [22571/04]
My Department has not had correspondence from Wicklow County Council referring to procedural difficulties in relation to finalisation of the draft county development plan.
The provisions on the adoption of development plans, which introduced a more transparent process to be followed within tight timeframes, were endorsed by the Oireachtas when the 2000 Act was adopted. There is no proposal to amend this legislation.
55 Mr. Quinn asked the Minister for the Environment, Heritage and Local Government if he will list the cases in which the European Commission has initiated legal action or announced that it intends to take legal action arising from the failure by this country to implement EU directives for which his Department has responsibility; the steps he is taking to ensure that all of these directives are implemented in full; and if he will make a statement on the matter. [22582/04]
There are currently seven cases in respect of which the European Commission has initiated legal action in relation to non-implementation of EU directives in areas for which my Department has responsibility. This figure includes one case where the Commission applied to the court for a daily fine in relation to the incomplete transposition of the EIA directive. In a further case, the Commission has announced its intention to take legal action. The cases where legal action has been initiated are as follows.
Dangerous substances in water: This case relates to a directive on water quality. This directive is substantially implemented in the context of the Local Government Water Pollution Act and related legislation. For the purposes of this directive water quality standards have been established for phosphorous and 14 other substances. However, EPA monitoring indicates that dangerous substances are generally not a problem in Irish waters. The directive is being further implemented in the context of implementation of the water framework directive.
The directive on the assessment of the effects of certain public and private projects on the environment, commonly known as environmental impact assessment or EIA: The points at issue relate to one aspect of the implementation of the directive, with specific regard to peat extraction. The Commission applied to the European Court of Justice on 7 July 2003 seeking the application of a daily fine of €21,600 for each day of delay in implementing measures in relation to the environment impact directive. There is ongoing communication with the Commission to resolve the matter.
Two alleged failures to designate areas for conservation: The first case concerns the failure to fulfil obligations under the birds directive and the habitats directive and relates specifically to the effects of sheep overgrazing in the Owenduff and Nephin Beg regions. My Department is in communication with the Commission with a view to satisfying the requirements of the court. The second case relates to the designation of a sufficient number of special areas of conservation under the habitats directive. My Department has worked to meet the requirements of the directive and has to all intents and purposes satisfied the requirements of the court judgment.
A number of waste issues: The Advocate General delivered his opinion on this case to the European Court of Justice on 23 September 2004. On this matter, I refer to the reply to Question No. 27 on today's Order Paper.
End-of-life vehicles: It is intended to make regulations later this year fully transposing the directive's provisions and facilitating its full implementation in 2005.
The reporting requirements under an EU regulation on ozone depleting substances: A defence has been lodged in this case.
On 22 July 2003, the Commission issued a press release in which it stated its intention to take legal action in relation to the decision by the Government to introduce a €20 charge on citizens wishing to make submissions on development consent procedures. No official communication has been received from the Commission to date. I have no proposal to amend the relevant regulations, which reflect an approach endorsed by the Oireachtas in the context of the Planning and Development Act 2000.
57 Ms O’Sullivan asked the Minister for the Environment, Heritage and Local Government if he will report on the main provisions of the proposed National Infrastructure Bill; if the heads of the Bill have been brought before Government and approved; when the Bill is likely to be published and brought before Dáil Éireann; if it is intended that incinerators will fall within the remit of the National Infrastructure Board; and if he will make a statement on the matter. [22578/04]
I refer to the reply to Priority Question No. 4 on today's Order Paper.
58 Mr. Stagg asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the fact that the disabled persons grant and the essential repairs grant schemes have ceased in County Kildare due to a shortfall in finance of €4 million; if the provision of additional finance will be arranged for the council to allow the backlog of applications to be cleared and the acceptance of new applications; and if he will make a statement on the matter. [22588/04]
253 Mr. Durkan asked the Minister for the Environment, Heritage and Local Government the reason adequate finances have not been provided to Kildare County Council to facilitate requirements under the disabled persons grant scheme; and if he will make a statement on the matter. [23086/04]
I propose to take Questions Nos. 58 and 253 together.
The administration of the disabled persons and essential repairs grant schemes is a matter for individual 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 with regard to their administration. It is a matter for the authorities to decide on the level of funding to be provided for the scheme in their areas from within the allocations notified to them for this purpose by my Department and to manage the operation of the schemes within these allocations. My Department recoups to local authorities two thirds of their expenditure on the payment of individual grants and it is the responsibility of the authorities to fund their one third contribution from their own resources from amounts provided for that purpose in their annual estimates of expenditure. While it is open to a local authority to seek a higher allocation in the event of increased demand, an increased capital allocation would not, of itself, allow increased expenditure by the authority without a corresponding revision of the authority's own provision for expenditure on the scheme.
Capital allocations totalling €65 million for expenditure in 2004 on the disabled persons and essential repairs grants were notified to local authorities on 20 May. They were advised to notify my Department if their allocation was either inadequate or surplus to their requirements in order to facilitate the reallocation of funds to obtain optimum effectiveness from the funding available. Kildare County Council received a capital allocation of €934,000 in May 2004. They subsequently sought an increase of €116,000, which was allocated to them on 9 September, to bring their total allocation for the payment of disabled persons and essential repairs grants in 2004 to €1,050,000. No further requests for increased funding have been received from the council in respect of these schemes.
59 Mr. Costello asked the Minister for the Environment, Heritage and Local Government if he has received the report of the National Traveller Accommodation Consultative Committee on the review of the Housing (Traveller Accommodation) Act 1998; if he will report on the main findings of the report; the action he intends to take arising from the report; and if he will make a statement on the matter. [22565/04]
The National Traveller Accommodation Consultative Committee submitted its report on the operation of the Housing (Traveller Accommodation) Act 1998 on the 5 July 2004.
The review examined all aspects of the operation of the Act including the preparation, review and amendment of local authority traveller accommodation programmes; planning issues relating to the provision of traveller accommodation; the operation of local traveller accommodation consultative committees and of the national committee; and the use of legislation in relation to unauthorised encampments and the effect of the use of public order legislation on the provision of accommodation for travellers.
I am currently studying the contents of this comprehensive report and expect to be in a position to respond to its recommendations in the near future.
62 Mr. Quinn asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the recent report from the EU Commission that Ireland has one of the worst records among member states in implementing EU directives on the environment and the earlier statement from Commissioner Wallstrom that failure to apply EU law meant that citizens here are not receiving the level of environmental protection to which they are entitled; his views on these criticisms; the steps he is taking to address them; and if he will make a statement on the matter. [22583/04]
The Environment Protection Agency's, EPA, recent state of the environment report, Ireland's Environment 2004, concludes that our environment remains of generally good quality and that, while the potential pressures on the environment are growing, the means to combat them are keeping pace through a widening range of laws and policies. Ireland fully supports EU co-ordinated efforts for environmental protection and maintains an intensive programme in relation to the transposition and implementation of EU environmental legislation. Some 200 items of EU environmental legislation, including more than 140 directives, have by now been transposed. The European Commission published its Fifth Annual Survey on the Implementation and Enforcement of Community Environmental Law 2003 in July 2004. The report includes a "scoreboard" showing the performance of member states under three headings, relating to non-transposition, non-conformity and failure to implement derived or secondary obligations. Of the then 15 member states Ireland was ranked sixth best in relation to transposition, eighth in relation to conformity and 15th in relation to the implementation of derived or secondary obligations. A high priority is being given to addressing the outstanding issues in relation to designations for nature conservation and for prevention of pollution from nitrates, in consultation with relevant stakeholders. My Department, through the local authorities and the EPA, continues to work towards maintaining a high level of environmental protection for Ireland. To strengthen implementation structures, the Office of Environmental Enforcement, OEE, has been recently established. In addition to a mandate to deliver enhanced environmental compliance through enforcement of EPA licences issued to waste, industrial and other activities, the OEE exercises a supervisory role in respect of the environmental protection activities of local authorities.
63 Mr. Wall asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the severe difficulties created for elderly persons and those with disability due to the inability of local authorities to meet demands for payments under the disabled person’s grant; if he will provide additional funding for councils in order to allow them to meet this urgent need; if he will consider placing the scheme on a statutory basis; and if he will make a statement on the matter. [22587/04]
The administration of the disabled persons grant scheme is a matter for individual local authorities. The framework for the operation of the scheme is already laid down in statutory regulations and, as far as practicable, is designed to give an appropriate degree of flexibility to local authorities in the operation of the scheme. My Department recoups to local authorities two thirds of their expenditure on the payment of individual grants and it is the responsibility of the authorities to fund their one third contribution from their own resources from amounts provided for that purpose in their annual estimates of expenditure.
Capital allocations totalling €65 million for expenditure on disabled persons and essential repairs grants in 2004 were notified to local authorities on 20 May last. Authorities were advised to notify my Department if their allocation was either inadequate or surplus to their requirements, in order to facilitate the reallocation of funds to obtain optimum effectiveness from the funding available. Additional allocations totalling some €5.9 million were made to a number of local authorities on 9 September on foot of requests for increased allocations received from the authorities involved. While it is open to a local authority to seek a higher allocation in the event of increased demand, an increased capital allocation would not, of itself, allow increased expenditure by the authority without a corresponding revision of the authority's own provision for expenditure on the scheme.
The improvements which have been made in recent years to the amount of the disabled persons grant, and the level of recoupment available, have resulted in a significant increase in levels of demand, with expenditure on the scheme increasing from €13 million for 2,455 grants in 1998 to €50 million for 5,739 grants in 2003. In line with this very significant increase in my Department's capital provision for the scheme, recoupment costs have also increased from €6.3 million for 2,512 grants in 1998 to almost €37.5 million for 6,153 grants in 2003. In that time the maximum grant has doubled from €10,158 to €20,320. These very significant increases in the levels of funding provided are clear indication of the Government's commitment to the disabled persons grant scheme.
64 Mr. Eamon Ryan asked the Minister for the Environment, Heritage and Local Government his plans to ensure that Ireland complies with European directives to increase insulation standards in buildings; and if his attention has been drawn to the fact that house prices are likely to be affected in the future according to their performance in terms of energy efficiency. [22635/04]
The Energy Performance of Buildings Directive 2002/91/EC was adopted on 16 December 2002. Member states must legally transpose the directive by 4 January 2006. However, the directive provides for a longer period, up to 4 January 2009, for implementing provisions regarding the energy performance certification of newly constructed buildings and existing buildings, when these are let or sold; improvement of the energy efficiency of larger boilers; and inspection of air conditioning systems A working group has been established to oversee and plan the implementation of this directive in Ireland. The working group comprises senior officials from my Department, the Department of Communications, Marine and Natural Resources and Sustainable Energy Ireland.
The energy performance of buildings directive requires that national energy performance standards must be based on a framework methodology laid down in the directive but does not mandate specific thermal performance or insulation standards. However, it is anticipated that where a building is sold or let with a certificate incorporating a low energy performance rating, this may adversely affect the marketability of the property, depending on overall market conditions.
Part L of the national building regulations deals with the conservation of fuel and energy. To assist in meeting obligation under the Kyoto Protocol, Part L and the related Technical Guidance Document L were amended in June 2002. The amended Part L regime sets significantly higher insulation and thermal performance standards for new dwellings, with effect from 1 January 2003. The regulations also apply to the replacement of external doors, windows and rooflights — roof windows — in existing dwellings, with effect from 1 July 2003.
My Department has also recently published — 21 July 2004 — a consultation document on further proposed amendments to Part L and Technical Guidance Document L for higher thermal performance and insulation standards for non-residential buildings, including factories, offices and shops, with a view to amending the regulations by the end of the year.
66 Mr. Rabbitte asked the Minister for the Environment, Heritage and Local Government the position with regard to the promised regulations concerning end of life vehicles; when the regulations will come into operation; and if he will make a statement on the matter. [22584/04]
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's provisions and facilitating its full implementation in 2005.
67 Mr. Crowe asked the Minister for the Environment, Heritage and Local Government when the review of local authority SPCs will be completed; and if he will make a statement on the matter. [22611/04]
The review of local authority strategic policy committees, SPCs, conducted on my behalf by the Institute of Public Administration, has been completed. Copies of the review have been circulated to local authorities for distribution among elected members, council staff and sectoral representatives.
The review, which was carried out in consultation with elected members, sectoral representatives and officials, focused on establishing examples of best practice in the operation of SPCs with a view to transferring such practice to all city/county councils. In this regard it recommended a number of practical measures aimed at the more effective operation of SPCs in the development, implementation and review of relevant policies by local authorities. In particular, the review identified the key roles of both the SPC chair in terms of leadership of the committee and the director of services in the provision of appropriate administrative support. The recommendations have been endorsed by me and are now to be implemented by local authorities, in accordance with amended guidelines issued to them, on the operation of the new SPCs established following the recent local elections.
68 Mr. Penrose asked the Minister for the Environment, Heritage and Local Government his view on the report of the Standards in Public Office Commission into the operation of the electoral Act; his views on the argument made by the commission that there is no case for increasing spending limits for general elections and its warning of the dangers of increasing donation limits; the position with regard to his review of the Electoral Act 1997; and if he will make a statement on the matter. [22581/04]
The report from the Standards in Public Office Commission entitled Review of the Electoral Acts 1997 to 2002, which the Commission prepared at my predecessor's request, provides a valuable input to the ongoing review in my Department of the Electoral Act 1997. As indicated previously, it is not proposed to comment on individual contributions to this process pending the wider intended consultation on the issues involved and the development of proposals for consideration by the Oireachtas.
69 Mr. Sargent asked the Minister for the Environment, Heritage and Local Government if he will elaborate on statements he made at the Association of Municipal Authorities of Ireland’s 91st annual conference in Listowel recently regarding the reason county managers and town clerks have yet to apply for grants of €300 million from his Department; the projects which would qualify for allocation of such grants in view of the extensive need for community facilities such as playgrounds; and if he will make a statement on the matter. [22624/04]
Capital expenditure by local authorities in respect of a range of existing programmes and projects, including social housing, water and waste water services, non-national roads and other community and local services, is monitored by my Department against a monthly profile of projected expenditure for the year. Such expenditure was slower in the first half of 2004 compared to the monthly profile. The level of expenditure has accelerated in the second half of the year and my Department has been assured by local authorities that they will fully utilise their allocations for the above purposes. My predecessor availed of the opportunity presented by the annual conference of the Association of Municipal Authorities of Ireland to remind members of the need to ensure that capital expenditure programmes are managed actively to achieve spending targets. At this stage I do not anticipate that any such capital funds will be available for reallocation for other purposes.
72 Dr. Upton asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the major problem caused by feral cats; if he has plans to introduce legislation to deal with this problem; and if he will make a statement on the matter. [20079/04]
Section 35 of the Control of Dogs Act 1986 contains power by regulations to extend certain provisions of that Act to other species of domesticated animals, including cats. In the absence of reliable data regarding the number of feral cats, and of appropriate solutions, it is not proposed to place an additional responsibility on local authorities that might dilute their control efforts in relation to dangerous and stray dogs which are generally viewed as presenting greater problems than feral cats.
73 Ms Burton asked the Minister for the Environment, Heritage and Local Government if he intends to implement the reported recommendation of the NESC that the Government should introduce measures to assist first-time buyers to meet the cost of the deposit on a new house; and if he will make a statement on the matter. [22561/04]
The National Economic and Social Council has been carrying out a major study on housing and land policy and its report is expected to be finalised shortly. On receipt of this report my Department will examine its recommendations including those which relate to first-time house purchasers.
75 Ms O’Sullivan asked the Minister for the Environment, Heritage and Local Government the progress made to date in the review of the retail planning guidelines relating to floor-space cap on retail warehouses; when he expects that the process will be completed, in view of the fact that he told Dáil Éireann on 2 June 2004 that it would be finished shortly; and if he will make a statement on the matter. [22579/04]
The retail planning guidelines prescribe a maximum floor area of 6,000 sq. m. gross retail floorspace for large scale single retail warehouse development. This aspect of the guidelines has been under review, taking account of the need to ensure proper planning and sustainable development, while also supporting effective competition in this sector of retailing in the context of ongoing developments in retail formats.
To assist in carrying out the review, interested parties were invited to make submissions to my Department. Some 71 submissions were received and have been assessed. The submissions received raised many complex issues and these will be fully taken into account in considering further whether any changes are needed in the guidelines. I expect to be in a position to announce the outcome of the review in the near future.
76 Mr. Howlin asked the Minister for the Environment, Heritage and Local Government the estimated cost to the Exchequer of work to decontaminate a site (details supplied) in County Cork, following the recent decision of the High Court that the liquidator was not responsible for these costs; the steps being taken to ensure the decontamination of the site; when it is expected that this work will be completed; and if he will make a statement on the matter. [22569/04]
I refer to the reply to Question No. 1263 of 29 September 2004 as regards the removal of hazardous materials from the Haulbowline site. The likely cost of remedying the site cannot be quantified with any great degree of certainty until the site investigation has been carried out and appropriate remedying strategies identified. Estimates based on a desk-top survey are that the programme could cost in the region of €30 million, but the ultimate cost may be more or less than that, depending on preferred development options and the level of remediation required.
On completion of the site investigation and identification and costing of the remediation options, the Government will have the information to decide what strategy to adopt in securing the remediation and development of the site, and how long this will take. I expect to be in a position to make recommendations in this regard in the latter half of next year.
77 Aengus Ó Snodaigh asked the Minister for Enterprise, Trade and Employment the measures the Government has taken to ensure that Irish based companies comply with the EU Common Position on Burma in view of the restrictions on EU member states on trade with Burma as stipulated in the EU Common Position on Burma renewed in April 2004; the volume of exports between Ireland and Burma and by category; the volume of imports between Ireland and Burma and by category; the identity of the Irish based companies which are known to export to Burma and the categories under which they export; and the identity of Irish based companies which are known to import from Burma and the categories under which they import. [23167/04]
Council Regulation (EC) No. 798/2004 provides for restrictive measures in respect of Burma-Myanmar covering a ban on the provision of technical assistance and on the provision of finance relating to military activities; and a ban on the sale, supply, transfer or export of equipment that might be used for internal repression and on the provision of technical assistance or finance relating to such equipment.
The European Communities (Restrictive Measures) (Burma/Myanmar) Regulation 2004, Statutory Instrument No. 392 of 2004, provides for the implementation of this regulation in Ireland and incorporates penalties for infringements of its provisions.
In addition, the sale, supply, transfer or export of arms and related material to Burma-Myanmar is prohibited under the European Council Common Position 2004/423/CFSP of 26 April 2004. Accordingly, no licences to export such materials to Burma-Myanmar have been issued by my Department.
Conventional exports from Ireland to Burma-Myanmar in 2003 totalled €381,000, a decline of 71% on the total in 2002 of €1.295 million. Exports of chemical materials and chemical products at a value of €252,000, together with medical and pharmaceutical products valued at €129,000, make up this total. Imports from Burma-Myanmar in 2003 totalled €1.371 million, an increase of 21% on total exports in 2002 valued at €1.134. Products imported were confined to clothing and clothing accessories. For the period January-July 2004, Irish exports to Burma-Myanmar amounted to €715,000. They included chemical materials and chemical products valued at €693,000, medical and pharmaceutical products valued at €20,000 and organic chemicals valued at €2,000.
Imports were valued at €1.043 million in the same period, and were entirely made up of clothing and clothing accessories.
Information concerning the trading profile of individual companies is classified as commercially sensitive. Even in those cases where it is accessible, it is not publicised is such company specific form.
78 Mr. Aylward asked the Minister for Enterprise, Trade and Employment if his attention has been drawn to the difficulty in securing participants for community employment schemes particularly in rural communities due to the three year cap governing eligibility for the scheme; if he will give urgent consideration to lifting this restriction in order that very many programmes throughout the country can complete their projects; and if he will make a statement on the matter. [23014/04]
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 consider 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. The outcome of this process will be taken into account by the Cabinet Committee on Social Inclusion, which will consider the matter further.
79 Ms Lynch asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of persons made redundant at FÁS training centres from 2000-2004. [23015/04]
The appointment of personnel in FÁS and the filling of authorised posts is a day-to-day operational matter for FÁS. I understand, however, that two people who were employed on a temporary contract basis were made redundant in the period 2000 to 2004.
80 Ms O. Mitchell asked the Minister for Enterprise, Trade and Employment if nursing homes and hospitals will be facilitated by removing barriers to the recruitment of non-EU, particularly Filipino, nurses’ aides; and if the onerous and odious requirement for rapidly expiring passports will be removed. [23057/04]
Nurses' aides fall into the category of carers, for which no new applications for work permits are currently being considered. There is now a formal qualification which can be acquired by persons taking up these positions and which can lead to a career in the health service. There is no evidence of a shortage of such workers, to work in hospitals, from within Ireland and the wider European economic area.
The benefit to the wider health sector of admitting unqualified third country personnel to work in nursing homes is being examined in consultation with the health authorities.
81 Mr. Boyle asked the Minister for Enterprise, Trade and Employment the role his Department plays in monitoring the quality of performance of builders and building companies in the area of house repairs and renovations, particularly in relation to consumer protection. [23133/04]
My Department has no role in monitoring the quality of performance of builders and building companies in the area of house repairs and renovations. These matters are primarily the subject of the contractual relationship between the parties to the contract. People who are aggrieved by the quality of work done can obtain redress in the courts. In the case of small claims there is the Small Claims Court which caters for claims up to the value of €1,270. The Sale of Goods and Supply of Services Act 1980 may be relevant in this situation as it provides for implied undertakings as to the quality of a service supplied.
82 Aengus Ó Snodaigh asked the Tánaiste and Minister for Enterprise, Trade and Employment the Government’s position on the recommendations resulting from the Forfás review of the export control system; and if the Government is willing to schedule a parliamentary debate in Government time on the issue of Irish involvement in the arms trade. [23149/04]
The independent review of our export control system was published in July. The review proposes a number of areas in which the Irish export licensing system can be modernised and strengthened. These include the introduction of new primary legislation to govern Irish military exports, and the filling of a number of gaps in the Irish regime as well as enhanced co-operation between the Department of Enterprise, Trade and Employment and the other agencies with a role in the area, including the Department of Foreign Affairs and the Customs and Excise. Better use of new technology is proposed that would include the introduction of web-based export licence applications.
Greater preventative enforcement can be achieved through information provision to all actual and potential exporters about the requirements of export licences, particularly in the case of dual-use goods where exporters might be unaware of their obligations. It is proposed that relevant exporters have good in-company compliance procedures rather than detailed item auditing by the authorities. The publication of an annual report on export licensing activity is recommended, including an aggregate value of military exports, with this annual report laid before the Oireachtas.
I welcome the constructive proposals contained in the report. Consideration and implementation of the report's recommendations is being addressed within the framework of an inter-agency group, chaired by Forfás, involving the Departments of Enterprise Trade and Employment, Foreign Affairs, the Environment, Heritage and Local Government, Defence and Justice, Equality and Law Reform, together with the Revenue Commissioners.
The scheduling of a parliamentary debate in the Houses of the Oireachtas is a matter for the Whip's office to agree with the Government in regard to the scheduling of Government time in the Oireachtas, and is not a matter for the Minister for Enterprise Trade and Employment to decide.
83 Aengus Ó Snodaigh asked the Minister for Defence the military aid which was received by the State from the USA prior to its suspension in 2003 over the issue of Irish support for the International Criminal Court. [23172/04]
I am advised that Ireland has not and does not receive such aid from the United States.
84 Aengus Ó Snodaigh asked the Minister for Defence if he will report on the full and final cost to the State of the Defence Forces’ security operations in regard to the June 2004 US Presidential visit during the US-EU Summit. [23183/04]
The Garda Síochána has the primary responsibility for law and order, including the protection of the internal security of the State. Among the roles assigned to the Defence Forces is the provision of aid to the civil power — meaning in practice to assist, when requested, the Garda Síochána — which duties include the protection and guarding of vital installations, the provision of certain security escorts etc.
The Garda requested the support of the Defence Forces for the visit last June of the US President during the US-EU Summit. I am advised that approximately 2,262 members of the Permanent Defence Force were deployed on security duties in connection with the visit.
The additional costs incurred by the Defence Forces in the provision of assistance to the Garda Síochána on 25 and 26 June 2004 amounted to approximately €448,000. A breakdown of these costs is shown on the attached schedule.
|
€ |
|
|
Army |
|
|
General costs including Security Duty Allowance, Subsistence, Food and Fuel |
347,000 |
|
Equipment/Materials Purchased |
24,000 |
|
1 This item includes fire-fighting equipment, electrical materials and catering equipment |
|
|
2 This item includes ancillary support equipment, including generators, toilets and refrigeration units |
9,000 |
|
Equipment Hire |
|
|
Sub-Total |
380,000 |
|
Naval Service (mainly Security Duty Allowance) |
7,000 |
|
Air Corps |
|
|
General costs including Security Duty Allowance, Subsistence and Food |
61,000 |
|
Total |
€448,000 |
85 Mr. Connaughton asked the Minister for Agriculture and Food when the single payment will issue to a person (details supplied) in County Galway; and if she will make a statement on the matter. [22976/04]
Payment of the 2005 single payment will be made to the person named in December 2005 provided he lodges a valid application for the single payment scheme in April or May 2005 and complies with the terms and conditions governing the scheme.
86 Mr. Timmins asked the Minister for Agriculture and Food the position in regard to her reply to Question No. 218 of 2 March 2004; and if she will make a statement on the matter. [22977/04]
I am satisfied that the correct procedures were followed in the filling of the posts in the cereals and potato groups following the setting up of the SSAO panel in April 1996. The officers in first and second positions on the panel accepted the two posts that were available to the panel.
87 Mr. Timmins asked the Minister for Agriculture and Food the position in regard to a person (details supplied); the date this person retired; and if she will make a statement on the matter. [22978/04]
The officer retired on 7 November 1996.
88 Mr. Timmins asked the Minister for Agriculture and Food the position in regard to a person, namely the replacement district superintendent on seed certification duties in the south east; the date this post was offered to the replacement; the date the replacement took up duty on the seed certification scheme; the date this person was appointed a district superintendent; the nature of their duties prior to appointment on seed certification duties in the south east; and if she will make a statement on the matter. [22979/04]
The replacement officer was a supervisory agricultural officer in the beef classification scheme in Slaney Meats, Bunclody. He was promoted to district superintendent on 15 January 1996 and, on promotion, his headquarters was the district livestock office in Portlaoise. However, due to the volume of work and the shortage of staff in the BCC group at that time he was not released to take up his new post. At the officer's own request he was transferred to a district superintendent post in the BCC scheme with headquarters in Kepak, Clonee on 3 September 1996 not having taken up duty in Portlaoise.
He was subsequently offered the post on seed certification in the south east in February 1997 but due to the pressure of work in the BCC scheme and the requirement to replace him on BCC duties he was not released to take up the post until 15 April 1998.
89 Mr. Timmins asked the Minister for Agriculture and Food the position in regard to his reply to Question No. 92 of 17 June 2004; and if she will make a statement on the matter. [22980/04]
I am satisfied that the names of the union officials are correct and are as shown in the record of the initial meetings of the monitoring group. The names of the union officials would have changed during the years since the first meeting of the monitoring group in early 1998.
90 Mr. Timmins asked the Minister for Agriculture and Food the position in regard to the status of a person (details supplied); and if she will make a statement on the matter. [22981/04]
The officer in question was promoted to supervisory agricultural officer with effect from 1 November 1996 and was assigned to the potato group with headquarters in Carlow. Under the 1/97 C& A agreement he was upgraded to district superintendent with effect from 1 November 1996. During the early part of 1997 the officer, with his union, agreed a change of headquarters from Carlow to Nenagh in consultation with personnel and line management. The effective date of the change of headquarters was 22 September 1>97.
91 Mr. N. O’Keeffe asked the Minister for Agriculture and Food the measures she intends to take to overcome the discrimination against farmers under EU Council Regulation EEC No 2066/92. [22982/04]
This is the final year of coupled premiums prior to the introduction of the single payment in 2005. Decisions have already been taken in respect of the allocation of the suckler cow premium scheme for small-scale milk producers. As in previous years a group composed of the main farming organisations advised the Minister. The decision to increase the milk quota threshold for small-scale milk producers from 180,000 litres to 200,000 litres was in accordance with the recommendation of this group.
92 Mr. Crawford asked the Minister for Agriculture and Food when a person (details supplied) in County Cavan can expect to receive suckler cow payment for 2002 slaughter premium for 2002 and 2003 and extensification payment for 2002 and 2003; if she has satisfied herself that every effort is being made to issue these payments to this person; and if she will make a statement on the matter. [23023/04]
Under the 2002 slaughter premium scheme, ten animals were slaughtered under the herd number of the person named. A similar number of animals were slaughtered under his herd number under the 2003 slaughter premium scheme.
The person named applied for premium on 25 animals under the 2002 suckler cow premium scheme. He submitted no applications under the 2003 suckler cow premium scheme.
Payments under these schemes cannot be processed pending the completion of my Department's investigations into identification and registration issues in regard to bovine animals on the holding of the person named. Payment of extensification premium for 2002 cannot be considered until these investigations are finalised.
As the person named did not apply for either suckler cow premium or special beef premium in 2003, he is not eligible for payment under the 2003 extensification premium scheme. My Department will be writing to the person named in regard to this matter shortly.
93 Mr. Crawford asked the Minister for Agriculture and Food the reason she urged farmers to apply for the REP scheme and yet failed to provide the staff and overtime to allow the files to be processed; her views on whether farmers have a right to feel aggrieved that moneys due to them in July 2004 have still not been paid three months later; and if she will make a statement on the matter. [23024/04]
Farmers were encouraged to join REPS 3 at an early date so that they could enjoy the benefits of higher payment rates and a more farmer-friendly scheme. I fully endorse that advice.
Under the terms of the protocol on direct payments to farmers, agreed between my Department and the farming organisations, targets are set for the processing of REPS applications and payments. These targets are being met in all but a very few cases. My Department has already made 500 payments to farmers in REPS 3, out of a total of approximately 2,500 applications for REPS that are currently being processed. Over 250 more applications are approved as of today and REPS 3 payments will continue to be approved and issued on a continuous basis from now on.
Payments to farmers in REPS 2 have continued to issue throughout the summer in the normal way. Farmers who have indicated a wish to transform from REPS 2 to REPS 3 have had their REPS 2 payments processed normally and will receive top-up payments to REPS 3 rates in the coming months.
94 Mr. Crawford asked the Minister for Agriculture and Food if she has taken steps to ensure that Irish milk products will retain access to the Russian market; if so, if she will report on the efforts she has made to date; and if she will make a statement on the matter. [23025/04]
Irish dairy products are currently exported to Russia on the basis of a veterinary-public health certificate which was agreed bilaterally between Ireland and the Russian Federation in 1997. This certificate will continue to be valid until 1 January 2005, at which point it will be replaced by a newly agreed EU certificate covering the export of dairy products from all EU member states to Russia.
The new EU dairy certificate is one of 14 certificates for trade in live animals and animal products which, following intensive negotiations, were agreed between the EU Commission and the Russian Federation on 2 September 2004. The Russian Federation initially imposed a deadline of 1 June 2004 for acceptance of their proposed import veterinary certification, however, following negotiations, this deadline was subsequently extended to 30 September 2004. Agreement was also reached on the acceptance of the existing bilaterally agreed certificates until the end of this year, thus averting the cessation of trade from 1 October 2004.
The new certificate for milk product exports to Russia gives rise to certain practical difficulties for Ireland, in so far as it contains a requirement that milk does not come from herds in which there was TB and brucellosis in the previous 12 months. The EU Commission was made aware of the difficulties for Ireland in regard to the dairy certificate during the negotiations and sought unsuccessfully to have the finally agreed certificate amended to alleviate our concerns. Given the importance of overall trade between the EU and the Russian Federation across a wide range of animal products, including beef, the EU Commission was anxious to conclude an agreement within the timeframe imposed by the Russian Federation. Furthermore, it could not countenance any further disruption to trade involving over €1 billion in animal product exports from the EU to Russia.
The EU Commission has stated that the possibility exists to have an ongoing debate with Russia regarding the certificates and it is my intention to continue to seek the best possible outcome for our export trade.
95 Mr. Durkan asked the Minister for Agriculture and Food the position in regard to participation in the REP scheme in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [23099/04]
The person named began his REPS contract on 1 January 2000, and as a result he was subject to the arrangements governing the transition between the first rural environment protection scheme and the second one. These required him to give a written undertaking to complete the measures specified in his REPS plan over a five year period, and to integrate and adapt that plan for the new scheme when it came into operation; or else to give back any payments he had received.
The new REP scheme came into operation on 27 November 2000, but the person concerned never adapted and integrated his plan as he had undertaken to do. Consequently, my Department must recoup the REPS payments that he had received.
96 Mr. Gregory asked the Minister for Finance the timescale involved and the flood alleviation measures to be carried out on the River Tolka between the Luke Kelly Bridge at Ballybough and the Drumcondra Road Bridge; and if he will make a statement on the matter. [23034/04]
The Deputy will be aware that Dublin City Council exhibited a schedule of works in February of this year, as required under Part 8 of the Planning and Development Regulations 2001, which comprise phase 2 of the works to be undertaken on the River Tolka in the city area.
The OPW agreed to undertake a number of these works on behalf of the council and these include the construction of walls and embankments on the northern bank downstream of Drumcondra Bridge, the widening of the southern bank from Distillery Weir upstream for a distance of approximately 300 m. on Clonliffe College grounds, and the lowering of Distillery Weir. Further works, which include the replacement of Distillery Road Bridge and the widening of some parts of the river around the bridge, are the subject of negotiations between the council and property owners and developers as part of a proposed development in that area.
The OPW mobilised on site in early June and the walls and embankments upstream of Distillery Weir on the northern bank have almost been completed. The weir itself has also been lowered, and the walls downstream of the weir on the northern bank have been started and are expected to be completed in the next two months. The widening works on the southern bank are completed with protection works to the new bank now being constructed. The OPW will also commence work on raising the wall behind numbers 1-52 Richmond Road in the next two weeks. The OPW and the city council are committed to completing all aspects of phase 2 in the current year.
97 Mr. Durkan asked the Minister for Finance the plans he has to restore or maintain Connolly’s Folly at Maynooth, County Kildare; and if he will make a statement on the matter. [23076/04]
Given the scale of demands on the heritage services of the Office of Public Works programme of conservation works, major works are not at present planned for the Connolly Folly.
98 Cecilia Keaveney asked the Minister for Finance if relief is available for a person (details supplied) who has treatment carried out in Northern Ireland; and if he will make a statement on the matter. [23020/04]
Tax relief is available under the heading of health expenses, on certain qualifying dental expenses as set out below. Qualifying expenses include those in respect of orthodontic treatment. However, the relief is only available against tax which is actually paid in the State and only to the extent that tax has been paid. For example, if a person makes a claim for relief for net health expenses of €800 but has only paid €400 in tax in the year to which the claim relates, then the extent of the tax relief in respect of the claim can be no more than €400.
In addition, the person must bear the first €125 of expenses in any one year himself or herself or the first €250 if claiming relief in respect of two or more persons.
In accordance with the legislation — section 469 of the Taxes Consolidation Act 1997 — relief may be claimed in respect of treatment obtained outside the State provided the practitioner who carried out the treatment is entitled under the laws of the country in which the care is provided to practise medicine or dentistry there.
The relief may be claimed by an individual in respect of expenditure incurred on his or her own behalf or on behalf of his or her dependants. The relief is granted at the highest rate of tax at which the taxpayer is chargeable for the year of the claim.
To claim tax relief in respect of dental work the individual should submit to his or her tax office a completed health expenses claim form, known as Form Med 1, this is to be completed by the individual making the tax claim. In addition, a completed Form Med 2 is to be completed by the dentist who carried out the dental work.
As with all health expenses claims, tax relief cannot be claimed in respect of any expenditure which has been or will be reimbursed to the individual or where a compensation payment has been or will be made in respect of such expenditure.
Routine dental care does not qualify for tax relief, that is, tax relief is not available for the cost of scaling, extraction and filling of teeth and the provision and repair of artificial teeth and dentures.
The following specialised dental treatments qualify for tax relief:
|
Description |
|
|
Bridgework |
Dental treatment consisting of an enamel-retained bridge or a tooth-supported bridge. |
|
Crowns |
These are restorations fabricated outside the mouth and are permanently cemented to existing tooth tissue |
|
Tip replacing |
This is regarded as a crown where a large part of the tooth needs to be replaced and the replacement is made outside the mouth |
|
Veneers/Rembrandt Type Etched Fillings |
These are a form of crown |
|
Endodontics — Root Canal Treatment: |
This involves the filling of the nerve canal and not the filling of teeth |
|
Gold Inlays |
These are a smaller version of a gold crown. (Only allowable if fabricated outside the mouth). |
|
Gold Posts |
These are inserts in the nerve canal of a tooth, to hold a crown |
|
Orthodontic Treatment |
This involves the provision of braces and similar treatments |
|
Periodontal Treatment |
Root Planing — a treatment of periodontal (gum) disease. · |
|
Curettage and Debridement — part of root planing. |
|
|
Gum flaps — a gum treatment. |
|
|
Chrome Cobalt Splint — if used in connection with periodontal treatment. (If it contains teeth, relief is not allowable). |
|
|
Dental implants following treatment of periodontal (gum) disease, which included bone grafting and bone augmentation. |
|
|
Surgical Extraction of Impacted Wisdom Teeth |
Relief is allowable when undertaken in a hospital, or by a dentist in a dental surgery. Certification from the hospital/dentist will be required to obtain tax relief. The removal of teeth in any other circumstances does not qualify. |
Further information regarding tax relief under the heading of health expenses is available on the Revenue website at www.revenue.ie.
99 Mr. Wall asked the Minister for Finance if records are available to a person (details supplied) in County Kildare in regard to their file with the Revenue Commissioners; and if he will make a statement on the matter. [23021/04]
I am advised by the Revenue Commissioners that the records requested by the taxpayer issued to him on 28 September 2004.
100 Mr. Crawford asked the Minister for Finance the reason for the removal of the rollover tax for compulsory land purchase for such areas as new road structures and so on, in view of the fact that his system was removed in the 2002 budget based on the difficult financial outlook; his views on whether a person who is forced to give up property for the overall good under the compulsory purchase structure should have the right to replace that property without paying unjustified tax; if the rollover will be reinstated in the 2005 budget and Finance Bill as an issue of fairness; and if he will make a statement on the matter. [23022/04]
Capital gains tax, CGT, is a tax on a capital gain arising on the disposal of assets. A 20% rate of CGT now applies on the gains arising on the disposal of assets, including land which is the subject of a compulsory purchase order, CPO.
It was announced in the 2003 budget that no rollover relief would be allowed for any purpose on gains arising from disposals on or after 4 December 2002. This relief was introduced when CGT rates were much higher than current levels. In effect, it was a deferral of tax to be paid, where the proceeds of disposal were re-invested into replacement assets. The taxation of these gains would take place following the eventual disposal of the new assets without their replacement.
The abolition of this relief was in accordance with the overall taxation policy of widening the tax base in order to keep direct tax rates low. Reliefs and allowances made sense when CGT rates were 40% and above. In budget 1998, the rate was halved from 40% to 20%. Taxing capital gains when they are realised is the most logical time to do so, and this change brought CGT into line with other areas.
In view of overall taxation policy, there are no plans to change the methods by which CGT is calculated on land that has been compulsorily purchased. Accordingly, there are no plans to reintroduce rollover relief.
101 Ms O. Mitchell asked the Minister for Finance if he will extend capital reliefs available for nursing home construction to mental hospital construction, particularly to the provision of geriatric and psychiatric hospitals cum nursing homes in which additional capacity is urgently required and the voluntary sector is anxious to become involved in meeting this obvious need. [23068/04]
In accordance with precedent, it is not appropriate for me in the period leading up to the annual budget to indicate what tax changes, if any, may or may not be made in this area in the forthcoming budget.
102 Mr. Durkan asked the Minister for Finance the reason, in the event of a son or daughter receiving a free share in addition to their own share from an inheritance, the entire property, the subject of the inheritance becomes liable for gift tax assessment whereas only the free share should be so levied; and if he will make a statement on the matter. [23101/04]
The Deputy in this question may be referring to either of the following situations. The first situation is where an inheritance is given by a parent to a son or daughter with a direction in the parent's will that the inheritance be taken free of inheritance tax. In that situation, the capital acquisitions tax legislation provides that the amount of the tax on the inheritance is treated as an additional inheritance taken by the son or daughter. This equalises the position as between beneficiaries who pay tax themselves and those for whom the estate pays the tax.
The second situation is where children inherit property from a parent, but where some of them gift their share to their brother or sister. The amount that can currently be taken tax-free by a person from a parent is €456,438. In the case outlined, the brother-sister is treated as having received a gift of the property transferred to him or her from his-her sibling and is liable to gift tax on that property. This is in addition to the inheritance tax due in respect of that person's direct inheritance. The amount that can currently be taken tax-free by a person from a sibling is €45,644. If the Deputy is referring to some other situation, perhaps he would consider providing more details.
103 Dr. Upton asked the Minister for Finance if a group (details supplied) can be exempt from VAT and VRT to assist them in the purchase of transport for their day service; and if he will make a statement on the matter. [23130/04]
The Deputy is probably aware that relief from VRT and VAT is available to qualifying organisations under the terms of the disabled drivers' and disabled passengers' tax concession scheme for the transport of disabled persons fulfilling one or more of the medical criteria governing that scheme. The requirements and conditions governing the scheme are set out in statutory instrument No. 353 of 1994. I understand the organisation concerned assists individuals with disabilities which would not qualify under the 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 placed 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.
104 Mr. J. O’Keeffe asked the Minister for Foreign Affairs if his attention has been drawn to the case of an Irish solicitor who has been denied the opportunity of taking up an employment opportunity in Northern Ireland on the basis that they are not a British citizen; and if he will make a statement on the matter. [23039/04]
I am aware of the case referred to which has been raised with the British Government through the framework of the British-Irish Intergovernmental Conference. The issue of restrictions on employment, on the basis of nationality alone, to public service posts in the Northern Ireland Civil Service has long been of concern to the Government. It was raised with the Secretary of State, Mr. Paul Murphy, at the meeting of the British-Irish Intergovernmental Conference on 22 January last. In keeping with the spirit of the Good Friday Agreement, the Irish Government believes that such appointments should be made irrespective of British or Irish nationality.
105 Mr. J. O’Keeffe asked the Minister for Foreign Affairs if he will report on developments on the proposal to introduce identity cards in Northern Ireland; and if he will make a statement on the matter. [23040/04]
The plan to introduce an identity card in Great Britain and Northern Ireland is a long-term project that is expected to take a number of years to put in place. If, as we hope, the devolved institutions in Northern Ireland are restored at an early date, then the Secretary of State for Northern Ireland has stated that it would be for the administration there to decide what use it makes of the identity cards.
In the period since the Deputy's last question on this matter in May 2004, the Home Affairs Select Committee at Westminster has finalised and published its report on identity cards. Although the select committee welcomes the introduction of a national identity card in principle, the report also highlights a number of concerns regarding the specifics, or lack thereof, in a number of key areas that must be addressed as the proposal moves forward. The question of nationality on the card, with respect to persons in Northern Ireland, is one of a number of issues yet to be finalised at this early stage.
The British Home Office, which is primarily responsible for the implementation of this plan, has demonstrated a willingness to undertake wide consultation and debate on the proposals. In this regard, the Government will continue to consult the British authorities, as appropriate, and monitor developments to ensure that the concerns of Irish citizens are fully taken into account.
106 Aengus Ó Snodaigh asked the Minister for Foreign Affairs if he will report on the most recent representations made by the Government to the Israeli authorities with respect to the construction of the apartheid wall. [23168/04]
On 20 July 2004, the European Union voted in favour of General Assembly Resolution ES/10/15 which welcomed the advisory opinion on the legal consequences of the construction of a wall in the Occupied Palestinian Territory which had been delivered by the International Court of Justice. In supporting this resolution, Ireland, in common with its EU partners, was reiterating its consistently held position on the separation barrier. The appropriation of land in the West Bank or Gaza is illegal and contrary to international law. The restrictions associated with the separation barrier are having a detrimental effect on Palestinian society. Equally, we are concerned that the route marked out for the barrier could prejudge future negotiations and undermine physically the implementation of the two state solution. We have consistently called on Israel to stop and reverse the construction of the barrier. The Government's position on the barrier was reiterated in the UN General Assembly address this day last week.
107 Aengus Ó Snodaigh asked the Minister for Foreign Affairs if the Government makes representations to the Chinese authorities with respect to the ongoing persecution of activists and dissidents during the fifteenth anniversary of the Tiananmen Square massacre. [23169/04]
112 Aengus Ó Snodaigh asked the Minister for Foreign Affairs if the Government made representations to the Chinese authorities with respect to the disappearance of a person (details supplied). [23175/04]
I propose to take Questions Nos. 107 and 112 together.
I am aware of reports that Dr. Jiang Yanyong disappeared on 1 June 2004, just before the fifteenth anniversary of the Tiananmen Square massacre on 4 June. Dr. Jiang had, in March 2003, revealed the real extent of the SARS epidemic crisis in China. It is reported that prior to his disappearance this year, Dr. Jiang had written a letter to the Chinese leadership denouncing the Tiananmen Square massacres and calling for the rehabilitation of the 1989 pro-democracy movement. I understand from subsequent reports that Dr. Jiang was released after seven weeks detention on 20 July last, and is reported to be in good health.
The Government takes the issue of respect for human rights very seriously, and regularly, and on an ongoing basis, raises human rights with the Chinese Government. The Taoiseach raised the issue of human rights with the Chinese Premier, Wen Jiabao, during his visit to Ireland in May 2004. During his discussions, he outlined Ireland's strong commitment to the protection of human rights and fundamental freedoms. Both sides agreed on the importance of co-operation and dialogue in working together to bring about respect for international obligations. In his capacity as President of the EU Council, my predecessor also raised human rights concerns during the EU Foreign Ministers troika meeting with China in Kildare on 19 April 2004.
The EU also discusses key human rights concerns with China within the framework of the EU-China human rights dialogue, which is held twice a year. During these meetings, individual and specific cases of concern are raised with the Chinese authorities. The most recent round of the EU-China human rights dialogue took place on 24 September 2004. On that occasion, the EU raised concerns over a number of persons who were arrested both on the anniversary of the Tiananmen Square massacre, and during the massacre in 1989. During the Irish Presidency and in conjunction with our EU partners, we organised the first EU-China seminar on the ratification of the International Covenant on Civil and Political Rights which took place in Beijing on 30 June and 1 July last. The purpose of the seminar was to provide technical assistance to China in preparation for their ratification of the International Convention on Civil and Political Rights.
Officials in my Department, both in Dublin and Beijing, will continue to monitor the human rights situation in China on an ongoing basis, and we will continue to raise the matter in our contacts with China.
108 Aengus Ó Snodaigh asked the Minister for Foreign Affairs the Government’s position on the need for a review of the UN’s conduct in relation to the Act of Free Choice 1968-69 in West Papua. [23170/04]
As my predecessor has stated on many occasions, the question of a review of the Act of FreeChoice in Papua would require the support of UN member states. Inquiries made by our permanent representative to the UN confirm that, at present, there is no significant support for such an initiative. The most productive approach to dealing with the situation of the people of Papua is therefore through contact with the Government of Indonesia. There is, moreover, a possibility that pursuing the issue of the Act of Free Choice would prejudice ongoing efforts to develop a meaningful dialogue with the Government in Jakarta, and would not contribute to the amelioration of the current situation of the Papuan people.
While acknowledging Indonesia's legitimate concern to preserve its territorial integrity, we continue to encourage the Government of Indonesia to strengthen its efforts to address the legitimate aspirations of the people of Papua. In this regard, I welcome the commitment expressed by President elect Yudhoyono of Indonesia to implement the special autonomy law for Papua. This law dates from November 2001 but has not yet been implemented. It provides for a greater degree of autonomy for Papua than for Indonesia's other provinces.
At my predecessor's request, he met my Indonesian counterpart, Mr. Noor Hassan Wirajuda, in the margins of the UN General Assembly on 23 September 2004. My predecessor used the occasion to express Ireland's continuing concerns about the situation in Papua. These concerns had previously been raised with Minister Wirajuda when my predecessor met him in April 2004, during an EU troika meeting, and again in January 2003, in the margins of the EU-ASEAN Foreign Ministers' meeting. Minister Wirajuda took note of our concerns and expressed his belief that the special autonomy law will satisfy the aspirations of the overwhelming majority of the people in Papua. He said autonomy remains the settled policy of the Government of Indonesia and that the strengthened democracy in Indonesia, following successful presidential and legislative elections, would increase autonomy. My predecessor made it clear that we would be carefully monitoring the situation in this regard.
Inquiries were also made at that meeting as to the status of the proposal to divide Papua into three provinces. A discussion of Indonesia is planned for the October meeting of the EU External Relations Council. Officials of my Department regularly discuss the situation in Papua with their counterparts from Indonesia, representatives of various Papuan NGOs, as well as from third countries, such as Australia and the United States.
Ireland, together with its EU partners, will continue to support the development of a strengthened partnership and effective dialogue between the EU and Indonesia. As I have said, the Government sees this as the most effective framework at this time for addressing our concerns about the situation in Papua.
109 Aengus Ó Snodaigh asked the Minister for Foreign Affairs if he will report on the representations made by the Government to the Israeli authorities with respect to the hunger strike of the Palestinian political prisoners. [23171/04]
The hunger strike to which the Deputy refers began on 10 August and came to an end on 2 September. No representations were made by the Government to the Israeli authorities during the course of the hunger strike. The Israeli authorities took a very public stance that they would not make concessions to the hunger strikers in any circumstances. The hunger strike ended before there was any loss of life or serious health risk to the hunger strikers. My understanding is that, despite the Israeli Government's statement that it would not make concessions, it will nonetheless be reviewing the conditions of detention in its prisons with a view to determining whether all existing practices are necessary for security.
110 Aengus Ó Snodaigh asked the Minister for Foreign Affairs if the Government complies with the UN Secretary General’s most recent request to provide information necessary for a report on the implementation of Resolution 58/7 on the necessity of ending the economic, commercial and financial embargo imposed by the United States against Cuba; and if he will make a statement on the matter. [23173/04]
The Government's position on the US embargo has been made clear over the years including in answers to parliamentary questions. This position has been reflected in our voting pattern, and that of our EU partners, in the UN General Assembly most recently on 4 November 2003. On that date, the General Assembly approved Resolution 58/7 on the "necessity of ending the economic, commercial and financial embargo imposed by the United States of America against Cuba".
The main effect of Resolution 58/7 is to reiterate the General Assembly's call upon all states to refrain from promulgating and applying laws and measures such as the Helms-Burton Act of 1996. The resolution further urges states that have and continue to apply such laws and measures to take the necessary steps to repeal or invalidate them as soon as possible.
Each year, in accordance with the terms of the resolution, it is customary for the UN Secretary General to prepare a report on the implementation of the resolution. In line with this, on 19 April 2004, the UN Secretary General, Mr. Annan, invited all UN member states to "provide any relevant information" by 16 June 2004.
Since the Government has never promulgated or applied laws or measures such as the Helms-Burton Act, it has not been customary to make a submission to the UN Secretary General on this matter. During Ireland's recent EU Presidency, however, we conveyed an EU submission in reply to the UN Secretary General's request, which included the following:
The European Union believes that United States trade policy towards Cuba is fundamentally a bilateral issue. Nevertheless, the European Union and its member states have clearly expressed their opposition to the extraterritorial extension of the United States embargo, such as that contained in the Cuban Democracy Act of 1992 and the Helms-Burton Act of 1996.
111 Aengus Ó Snodaigh asked the Minister for Foreign Affairs if he will report on Government representations made to the military regime in Burma since the establishment of diplomatic relations on 13 February 2004. [23174/04]
The Government has pursued a strong and consistent line in support of democracy in Burma. Both Ireland, and its EU partners, remain strongly critical of the continued detention under house arrest of Daw Aung San Suu Kyi, the absence of political progress, serious and persistent human rights abuses and the lack of fundamental freedoms in Burma.
The issue of Burma is raised in all our bilateral political contacts at all levels with relevant third countries. As recently as last week, my predecessor took the opportunity of meetings with the Foreign Ministers of Singapore and Indonesia to encourage them to continue to press the Burmese authorities to move towards greater democracy and to release Aung San Suu Kyi.
During our EU Presidency, the Government ensured that the issue of Burma was regularly discussed in consultations with third countries. Burma was included in the agenda for the EU Ministerial Troika to India on 16 February, and was discussed during the troikas at political director level with China on 26 February and Japan on 27 February.
The EU's concerns about Burma also featured throughout discussions at the ASEM Foreign Ministers' meeting — ASEM FMM — which my predecessor hosted in Kildare in April 2004 as well as at the preceding informal meeting of EU Foreign Ministers held at Tullamore, and at meetings of the External Relations Council in April, May and June. It was also discussed with Premier Wen of China, when he visited Ireland in May.
Following the ASEM Foreign Ministers' meeting, we continued to work with Burma's Asian neighbours to encourage them to bring their influence to bear on Rangoon. A former senior ambassador, Mr. John Campbell, was appointed as special envoy to the region. He travelled to the region in May 2004, and conveyed the EU's serious concerns about the situation in Burma to our Asian partners.
It is very much to be regretted that the release of Aung San Suu Kyi and other positive developments which were widely expected to take place in Burma earlier this year were not forthcoming. The decision to establish diplomatic relations was taken in the context of increased engagement leading to anticipated progress. Given the lack of such progress, the exchange of ambassadors between Ireland and Burma has been put on hold.
113 Aengus Ó Snodaigh asked the Minister for Foreign Affairs if the Government can verify that no US civilian or military aircraft permitted to overfly Irish airspace or land in Irish airports has transported prisoners captured in Afghanistan or Iraq en route to non-US jurisdictions or to Guantanamo Bay; and if not, the steps the Government has taken to prevent this from occurring. [23176/04]
On the basis of its ongoing contacts with the US authorities, the Government has no information to suggest that there are any cases of prisoners being transported through Irish airports in the circumstances referred to in the Deputy's question.
114 Aengus Ó Snodaigh asked the Minister for Foreign Affairs the number of US civilian aircraft carrying arms en route to the Middle East which have been granted permission to land in airports here since September 2002; the number that have been denied permission; the number of US military aircraft en route to the Middle East that have been granted permission to land in airports here since September 2002; the number that have been denied permission; the number of US civilian aircraft carrying arms and en route to the Middle East which have been permitted to overfly Irish airspace since September 2002; the number that have been denied permission; the number of US military aircraft en route to the Middle East that have been permitted to overfly Irish airspace since September 2002; and the number that have been denied permission. [23177/04]
Permission for foreign military aircraft to overfly, or land in, the State is granted by the Minister for Foreign Affairs, under the Air Navigation (Foreign Military Aircraft) Order 1952. Permission is normally granted on condition that the foreign military aircraft is unarmed, and not carrying arms, ammunition or explosives. It is not the practice of the Government to release details of an individual country's landings and overflights. Queries concerning civilian aircraft, including those in the employ of foreign governments, are a matter for the Minister of Transport.
115 Aengus Ó Snodaigh asked the Minister for Foreign Affairs if his attention has been drawn to the report of the Palestinian centre for human rights for the week 24 to 30 June 2004 which indicates that during that period 17 Palestinians, including two children and a mentally disabled person, were killed by Israeli occupying forces (details supplied); if his attention has further been drawn to the fact that the IOF also continued to impose closures and curfews on the Occupied Palestinian Territories, dividing the Gaza Strip into three parts and preventing travel from one part to another; if he has raised these matters with the Israeli authorities; and his views on whether these actions are consistent with the obligations of the Israeli Government in relation to human rights under Article 2 of the Association Agreement between Israel and the EU; and if he will make a statement on the matter. [23178/04]
I am aware of the reports to which the Deputy refers. The Government has, on many occasions, expressed its grave disquiet at the impact of actions taken by the Israeli Government on the human rights of Palestinians. The European Union has also regularly conveyed its concerns to the Israeli authorities at the human rights implications of its security policies. Together with our partners in the Union, we will continue to press the Israeli Government to respect fully its obligations under international humanitarian law, in particular the fourth Geneva Convention, and under Article 2 of the EU-Israel Association Agreement. Most recently, on 22 September, the Quartet called upon the Government of Israel to take all possible steps now, consistent with Israel's legitimate security needs, to ease the humanitarian and economic plight of the Palestinian people.
116 Aengus Ó Snodaigh asked the Minister for Foreign Affairs the status of the COARM committee’s review of the EU code of conduct of arms transfers, chaired by an official in his Department; the Government’s position on same;. [23179/04]
The review of the code of conduct on arms exports, which was initiated during Ireland's Presidency of the EU, is taking account of developments since the code entered into force in 1998. In this respect, a number of proposals to strengthen and update it are being considered, including a proposal to reinforce the status of the code by transforming it into an EU common position, which would be legally binding. Ireland is supportive of such a reinforcement of the code. We believe that this, the first review of the code of conduct, is a very necessary and important undertaking for the EU.
Representatives from several EU member states, including Ireland, met with a number of non-governmental organisations, NGOs, last May to discuss and to exchange views on the ongoing review of the code. Ireland also circulated to our EU partners for consideration suggestions made by NGOs for possible improvements to the code.
The Netherlands has made the review of the code of conduct one of its priorities for its Presidency of the EU and in that context discussion continues in the forum of COARM, under Dutch chairmanship. The Netherlands, in association with NGO representatives, will be hosting an international conference in The Hague later this month to further consider the ongoing review of the code. Ireland will continue to participate actively in discussions on this matter at working group level within the EU.
117 Aengus Ó Snodaigh asked the Minister for Foreign Affairs the Government’s position on each of the European Burma Network’s six Dublin recommendations to the EU with regard to the EU Common Position on Burma. [23180/04]
I am informed that at a meeting held in Dublin on 6 March 2004, the European Burma Network adopted six objectives with regard to the EU's common position, which was due for renewal in April 2004.
Ireland and its EU partners are broadly supportive of the six objectives. The Deputy will be aware of the three conditions adopted at the informal meeting of EU Foreign Ministers in Tullamore: the release and continued liberty of Daw Aung San Suu Kyi; the participation of the National League for Democracy and other opposition groups in the National Convention; and the operation of the National Convention free from interference.
The Deputy will be further aware that the EU is presently considering the strengthening of its common position on Burma, given the lack of progress there. Among the measures being considered is the expansion of the visa ban list and a prohibition on EU registered companies from financing loans to named Burmese state-owned enterprises. It is also intended that the EU will vote against the extension of loans to Burma by international financial institutions. The Commission is to put forward means of addressing the issue of illegal logging. At the same time, we have agreed that the Union will increase its assistance to the Burmese people in the areas of health and education as defined in consultation with democratic groups, including the NLD, and managed through the UN system or NGOs. It is hoped that this revised common position will be ready for adoption at the October meeting of the External Relations Council.
Our continuing goals remain the release and restoration of liberty to Daw Aung San Suu Kyi, the return of democracy to Burma, an end to human rights violations, and the realisation of peace and prosperity for the long suffering people of Burma.
118 Aengus Ó Snodaigh asked the Minister for Foreign Affairs the Government’s position on the need for provisions to control the legal transfer of small arms in the context of an international arms trade treaty. [23181/04]
I support the principle of having legally binding international agreements on the control of arms exports, with as wide a participation as possible. This is particularly important with respect to small arms and light weapons.
The export of arms from EU countries must conform to the EU code of conduct on arms exports, which establishes criteria to control such exports. Ireland was actively involved in the establishment of this code which lists the factors to be taken into account when deciding whether to allow an export of military goods, including small arms. These include respect for human rights, the internal situation in the country of final destination and the preservation of regional peace, security and stability. A review of the code of conduct was initiated during Ireland's Presidency of the EU to take account of developments since the code entered into force in 1998 and in this respect a number of proposals to strengthen and update it are being considered.
A welcome aspect of the proposed international arms trade treaty, which has been put forward by a number of non-governmental organisations, NGOs, including Amnesty International and Oxfam, is that the treaty has the objective of setting out states' existing international legal obligations in the area of international transfers of arms. In addition, once ratified, the proposed treaty would enable the international community to move forward incrementally, by means of subsequent more specific instruments, to strengthen international controls on arms transfers.
While work on the drafting of the text of the proposed treaty is still ongoing, it is a promising initiative and I commend the NGOs concerned for their efforts. An official of my Department participated in a conference held last November at Cambridge University in England, the purpose of which was to examine the text of the proposed treaty. I understand that the text is currently being re-examined from a legal perspective by those NGOs involved in the Arms Control Campaign which met last February in Costa Rica and that as a consequence of those discussions revisions to the text may be made.
An official from my Department also attended an international workshop on Enhancing the International Export Control of Small Arms and Light Weapons — the Case for an International Arms Trade Treaty, which took place in Helsinki last June. There was broad representation at the workshop, both from governments and from NGOs. Ireland will continue to be associated with the process and will closely monitor developments.
119 Aengus Ó Snodaigh asked the Minister for Foreign Affairs if he will report on the full and final cost to the State of the June 2004 US-EU summit; and if he will itemise these costs. [23182/04]
According to our records, the following costs were incurred by the Department of Foreign Affairs in relation to the EU-US summit:
|
Cost Centre |
Amount |
|
€ |
|
|
Staff Travel and Subsistence |
11,592.39 |
|
Accommodation |
144,011.02 |
|
Transport |
77,965.96 |
|
Hospitality |
54,437.56 |
|
Incidental Expenses* |
182,420.26 |
|
Total |
470,427.19 |
*Incidental expenses includes expenditure in particular for media and communications.
Other Departments and offices will have also incurred expenditure for this event and I understand that the Deputy has addressed his question to a number of other Ministers.
120 Mr. Wall asked the Minister for Education and Science if her Department will investigate an application for school transport for a person (details supplied) in County Kildare; the grants which are available to children in regard to such transport; and if she will make a statement on the matter. [22996/04]
My Department has requested a report from Bus Éireann in respect of transport for the pupil referred to in the details supplied. The matter will be considered on receipt of the report.
121 Mr. Wall asked the Minister for Education and Science the position regarding the application for a new school for Castledermot, County Kildare; and if she will make a statement on the matter. [22997/04]
The property management section of the OPW is acting on behalf of my Department in relation to site acquisitions generally. It is currently exploring the possibility of acquiring a site for the school in question. However, due to the commercial sensitivities of site acquisitions, it would be inappropriate for me to make any comment in relation to a specific site. The relevant information will be placed on my Department's website when acquisitions have been completed.
122 Cecilia Keaveney asked the Minister for Education and Science if any of the 70 special educational needs organisers have been appointed in an area (details supplied) in County Donegal by the national council; and if she will make a statement on the matter. [22998/04]
I am advised by the chief executive officer of the National Council for Special Education that a special educational needs organiser has been appointed for the area of County Donegal referred to by the Deputy.
123 Mr. Gregory asked the Minister for Education and Science her plans regarding the higher diploma in education. [22999/04]
As the Deputy is aware, the higher diploma in education is a compulsory requirement for the registration of teachers in secondary schools. Since its establishment, the diploma has been provided by the four constituent colleges of the National University of Ireland and Trinity College Dublin. The diploma is a postgraduate qualification taken by students who hold a primary degree in a subject which is taught at post-primary level. It is provided by the education department of the universities.
A major change occurred in 1998, which impacted upon the higher diploma in education, when the Higher Diploma in Education, National University of Ireland, Applications Centre, known as the HDEAC, was established. The HDEAC centrally accepts and processes applications to the four constituent colleges of the National University of Ireland for the higher diploma in education, namely, National University of Ireland, Cork; National University of Ireland, Dublin; National University of Ireland, Galway; and National University of Ireland, Maynooth. Previously, graduates interested in studying for the higher diploma in education applied directly to the university of their choice.
The HDEAC is agent for, and acts on behalf of, the universities participating in the application system and the application regulations, procedures and timetable are agreed annually by these universities. Applicants are awarded points on the basis of performance in their primary degree, any additional relevant academic qualifications and teaching experience. Applications are made to the HDEAC through one common application form. In the case of Trinity College applicants continue to apply directly to the university and I understand that places on the higher diploma in education course are awarded on the basis of academic qualifications and the results of a competitive interview process.
I am satisfied that the HDEAC and the Trinity College procedures are working satisfactorily and I have no plans to change them at this stage.
The content, coverage and methods of delivery of the diploma vary across the four NUI colleges and Trinity College. I am aware that the education departments of the four NUI colleges and Trinity College review their diplomas on an ongoing basis to ensure that they continue to meet the needs of students and the education sector. Officials from my Department maintain contact with the various education departments in relation to the diploma and other post-graduate qualifications for teachers at primary and second levels and I will ensure that this process continues.
I am, however, satisfied that the higher diploma in education in the four NUI colleges and Trinity College are currently meeting the needs of students and the education sector. Therefore, I do not have any plans at this stage in regard to the diploma.
124 Mr. Crawford asked the Minister for Education and Science if a full time classroom assistant will be provided for a person (details supplied) in County Monaghan; and if she will make a statement on the matter. [23006/04]
I am aware of an application for special needs assistant, SNA, support of the pupil in question. My officials are examining the application as a matter of urgency and a response will issue to the school authority shortly. I am also aware that there is an SNA already in the classroom where the pupil is being taught and who can supervise the pupil at playtimes until the application is fully processed.
125 Mr. Aylward asked the Minister for Education and Science if payment of travelling expenses due to a person (details supplied) in County Kilkenny will issue. [23007/04]
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.
126 Mr. P. Breen asked the Minister for Education and Science the reason the hours for a special needs assistant for a person (details supplied) in County Clare has been reduced from ten to five hours; and if she will make a statement on the matter. [23008/04]
I understand from my officials that the pupil in question is enrolled in a special class for autism. This class already has special needs assistant support. I further understand that no application for special needs support has been received for the pupil in question.
127 Mr. P. Breen asked the Minister for Education and Science the reason the hours for a special needs assistant for a person (details supplied) in County Clare has been reduced; and if she will make a statement on the matter. [23009/04]
I can confirm that an application for special educational resources for the pupil referred to by the Deputy was received by my Department. More recently, additional information in relation to the pupil's needs was submitted and this is currently being considered. The school authorities will be advised of the outcome of the application in the near future.
128 Mr. P. Breen asked the Minister for Education and Science the reason the hours for a special needs assistant for a person (details supplied) in County Clare has been reduced; and if she will make a statement on the matter. [23010/04]
Following a review based on additional information submitted, my Department approved a special needs assistant for 23.3 hours per week to support the pupil in question. This level of SNA support will facilitate the pupil's full-time attendance in school. The school has recently been notified of this decision.
129 Mr. P. Breen asked the Minister for Education and Science the reason the hours for a person needs assistant for a person (details supplied) in County Clare has been reduced; and if she will make a statement on the matter. [23011/04]
I wish to advise the Deputy that my Department has approved a full-time special needs assistant, that is, for 23.3 hours per week, to support the pupil in question. The school has recently been notified of this decision.
130 Mr. P. Breen asked the Minister for Education and Science if the application by a person (details supplied) in County Clare for a special needs assistant will be urgently reviewed; and if she will make a statement on the matter. [23012/04]
I wish to advise the Deputy that, following a review based on additional information submitted, my Department approved 23.3 hours per week special needs assistant support for the pupil in question. The school has recently been notified of this decision.
131 Mr. Ring asked the Minister for Education and Science the reason a person (details supplied) in County Mayo was not provided with a full-time special needs assistant; and when this person can expect to receive this help. [23013/04]
I can confirm that an application for special needs assistant support amounting to 23.3 hours per week for the pupil referred to by the Deputy was received by my Department.
Following verification of the application, 12.5 hours per week was sanctioned for this pupil and the school was informed of this decision. The application will be reconsidered if additional information in relation to the pupil's care needs is submitted to my Department.
132 Mr. Stagg asked the Minister for Education and Science if funding has been sanctioned for replacement of the roof at a school (details supplied) in County Kildare; and if she will make a statement on the matter. [23036/04]
In view of the possibility of asbestos being present in the roof of the school referred to by the Deputy, the matter has been referred to the health and safety unit of the Office of Public Works, OPW, which is managing the asbestos remediation programme on behalf of my Department. On receipt of a full report from the OPW, the matter will be considered further.
133 Mr. Aylward asked the Minister for Education and Science the arrangements her Department has in place for students who are suddenly bereaved during the course of their examinations to allow them complete their examinations at a later and more appropriate date; if she will consider the plight of such students placed in this unenviable position; and if she will make a statement on the matter. [23047/04]
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 your query to the chief executive officer of the commission for direct reply.
134 Ms O. Mitchell asked the Minister for Education and Science if she will intervene personally to expedite the signing of the lease between her Department and Dundrum Athletics Club for land at a school (details supplied). [23066/04]
I have requested officials in the property management section of my Department to investigate the matter of a lease agreement between my Department and Dundrum Athletics Club as a matter of urgency. The school authority will be kept informed of developments.
135 Ms O. Mitchell asked the Minister for Education and Science when the long promised and urgently required sports hall for a school (details supplied) in Dundrum will be provided. [23067/04]
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.
136 Mr. O’Dowd asked the Minister for Education and Science if she will make a statement on the refusal of her Department to grant an application for 13 extra co-operation hours to a school (details supplied) in County Louth. [23111/04]
My Department allocates additional teaching hours to VECs to support the delivery of education programmes in a range of facilities, including special schools. Such allocations are made under the heading of co-operation hours with other institutions. These allocations are made in response to specific applications which are submitted by the VECs in advance of the commencement of the school year to which they relate.
An application for increased hours in respect of the school referred to by the Deputy was received in my Department from County Louth VEC. Following consideration of this application it was considered that the existing allocation was adequate to cater for the needs of the school.
If the VEC is of the view that the level of 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 of the inadequacy of the allocation by reference to the current utilisation of the school's available resources.
137 Mr. Boyle asked the Minister for Education and Science if her attention has been drawn to the practice by the State Examination Board of new graduates, without teaching experience, correcting junior certificate papers; if this practice is sanctioned by her Department; and her views on whether such a practice may lead to a wide variation in marking standards. [23136/04]
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 your query to the chief executive officer of the commission for direct reply.
138 Ms Shortall asked the Minister for Education and Science if she will report on the progress of an application from a school (details supplied) in Dublin 9 for the major refurbishment of their assembly hall which is unusable; and when work to this much needed facility will be carried out. [23137/04]
My Department is currently exploring the possibility of rationalising primary provision in the area that serves the school to which the Deputy refers serves. No decisions will be taken regarding capital investment in the school in question pending the conclusion of this exploration process.
139 Mr. O’Shea asked the Minister for Communications, Marine and Natural Resources his proposals to address the concerns of inshore fishermen (details supplied); and if he will make a statement on the matter. [23071/04]
The Sea Fisheries Amendment Act 2003 requires that a fishing vessel must be in a safe and seaworthy condition before a fishing licence can be issued. To facilitate the implementation of this Act my Department published a new code of practice for fishing vessels of less than 15 metres in overall length earlier this year. This code set minimum standards of safety for the vessel to protect all persons on board. It covers vessel design, construction, machinery, safety equipment and stability issues.
A panel of surveyors has also been established by the Department to ensure that fishing vessels comply with the requirements of the code. To obtain a fishing vessel licence a declaration must be signed by one of the surveyors on the panel signifying that the vessel is compliant with the code. This declaration remains valid for four years subject to the owner's bi-annual declaration.
Prior to the introduction of the code the Department undertook an extensive consultation process with fishing industry representatives and BIM. The draft code was also placed on my Department's website for comment by other bodies and individuals and, since its introduction, officials of my Department have continued to meet with industry representatives and BIM to address their particular concerns.
The cost of vessel surveys are not laid down by my Department. These costs are subject to market forces and competition. However, grant aid is available towards the costs of safety equipment required under the code as part of a scheme administered by BIM under the national development plan.
In promoting the application of the new code of practice my overall concern is to enhance safety at sea and on inland waters. Compliance with this new safety regime is the best way to ensure the safety of fishing vessels and their crew.
140 Mr. Wall asked the Minister for Arts, Sport and Tourism the position regarding the further development of Abbotstown as a centre of sporting excellence; and if he will make a statement on the matter. [23000/04]
Following the Government decision in January 2004 to endorse the provision of a sports campus at Abbotstown over a period of years, I requested the board of Campus and Stadium Ireland Development Limited, CSID, to identify what might be developed within the campus. Together with my Department, CSID has been working with the various sporting bodies in preparing a development control plan for sports facilities at Abbotstown. I expect to receive the proposals shortly for phase one of the project. These proposals will be the basis for a Government decision on the direction of further development on the sports campus.
141 Mr. Wall asked the Minister for Arts, Sport and Tourism his views in regard to the results of the participants in the Athens Olympic Games; the proposals his Department has to access the results; the meetings he or his Department has had or proposes to have with the IOC and the Irish Sports Council in regard to processing the results or the preparatory work that will be put in place to prepare for the next games; and if he will make a statement on the matter. [23001/04]
142 Mr. Wall asked the Minister for Arts, Sport and Tourism his views in regarding the reports that debriefing of athletes after the Athens Olympics was not carried out to the satisfaction of the athletes; and if he will make a statement on the matter. [23002/04]
I propose to take Questions Nos. 141 and 142 together.
The Deputy will be aware that the Irish Sports Council, which is the statutory body charged with responsibility for the promotion and development of sport in Ireland, is directly responsible with the Olympic Council of Ireland and the relevant national governing bodies of sport, in all matters relating to the preparation and participation of Irish competitors at the Olympic Games.
My Department has already been in contact with the Irish Sports Council in relation to Ireland's performance at Athens. The council has advised that a review of Team Ireland's participation in this year's Olympic and Paralympic Games is currently being undertaken — Athens Review. The review involves questionnaires, one-to-one meetings with the athletes, support personnel, coaches and performance directors. I have been assured by the council that the matters raised by the Deputy will be addressed in the context of the review.
The aim of the review is to produce an objective assessment of the preparation and performance of the Irish teams at the Athens Olympic and Paralympic Games in 2004, identifying the strengths and weaknesses of all aspects of the programmes throughout the four-year cycle, with a view to making recommendations regarding the development of a programme for Beijing in 2008.
Wharton Consulting, a leading consultancy firm based in Britain, is conducting the review under the direction of the Sports Council. Wharton Consulting was selected by the Sports Council following a public tender process and has considerable experience working with sporting organisations in England, including Sport England. The review is due for completion by 1 December 2004 and it is the intention of the Irish Sports Council to publish the report in due course.
143 Mr. Wall asked the Minister for Arts, Sport and Tourism the number of applications received for capital lottery funding in 2004; the number of applications received in 2003; the number of grants drawn down to date in relation to 2003 applications; the number of outstanding applications which have not drawn down funding in each of the past five years; and if he will make a statement on the matter. [23003/04]
A total of 1,304 applications were received under the 2004 sports capital programme, from which I announced a total of 738 provisional grant allocations in May and in August of this year.
Under the 2003 sports capital programme a total of 1,337 applications were received. A total of 617 projects were provisionally allocated grants under the programme, of which 372 have not drawn down any payment to date. A further 126 have drawn down at least some part of their grants, with 38 of those having been paid 95% of their grants; the remaining 5% of the funding in these cases being retained in accordance with standard practice pending the receipt of certification of completion of the defects liability period of the projects.
The date notified to grantees under the 2003 sports capital programme for drawdown of funding is 29 October 2004 and my officials are currently issuing reminders to grantees who have not done so to advance their projects to a drawdown position by the date specified. The number of projects which have not drawn down any of the funding allocated in each of the past five years is as follows: 2004, 709; 2003, 372; 2002, 136; 2001, 50; 2000, 16.
144 Mr. Wall asked the Minister for Arts, Sport and Tourism the number of applications received from groups or persons seeking to promote Irish cultural activities overseas under the aspect of the Cultural Relations Committee; and if he will make a statement on the matter. [23004/04]
The number of applications made to the Cultural Relations Committee from groups or persons seeking to promote Irish cultural activities overseas was 293 in 2002, 252 in 2003 and 230 to date in 2004.
145 Mr. Wall asked the Minister for Arts, Sport and Tourism the position in regard to the development of Landsdowne Road as a national stadium; and if he will make a statement on the matter. [23005/04]
At the beginning of September 2004, a formal legal agreement to redevelop the stadium at Lansdowne Road was signed between the Government, the Irish Rugby Football Union, IRFU, the Football Association of Ireland, FAI, and the Lansdowne Road Stadium Development Company, the special purpose company which has been established to deliver the project. Under the terms of the agreement the IRFU and FAI have agreed to enter into a joint venture together to procure the development of a 50,000 capacity all-seated stadium at Lansdowne Road, which is expected to be completed by December 2008. Funding will be provided by the Exchequer, the IRFU and the FAI on an agreed shared basis. The legal agreement sets out how the project will be delivered, managed and operated and details the funding arrangements that have been entered into.
The Lansdowne Road Stadium Development Company Limited has been established jointly by the IRFU and FAI to develop and deliver the stadium. The company will effectively be responsible for building and delivering the stadium. A project director has been appointed to manage the project. The Exchequer will provide its grant allocation of up to €191 million over the lifetime of the project. My Department will ensure that the Government's investment in the project is monitored and protected and that the agreed facility is delivered.
146 Aengus Ó Snodaigh asked the Minister for Health and Children if her attention has been drawn to the case of a person (details supplied) in Dublin 8 who has had to wait 12 months for an occupational therapist to visit their home; her views on whether such a long wait is unacceptable; and if the Southern Western Area Health Board will give greater priority to this person and others like them awaiting assessment. [23143/04]
The provision of health related services, including occupational therapy, for people with physical and-or sensory disabilities is a matter for the Eastern Regional Health Authority and the health boards in the first instance. Accordingly, the Deputy's question has been referred to the chief executive officer of the Eastern Regional Health Authority with a request that he examine the matter and reply directly to the Deputy, as a matter of urgency.
147 Aengus Ó Snodaigh asked the Minister for Health and Children if her attention has been drawn to the fact that the current waiting list for occupational therapy in the South Western Area Health Board has been exacerbated by the embargo on recruitment since early 2003; if her attention has been further been drawn to the fact that the occupational therapy department of the South Western Area Health Board, community care area 3, has less than 50% of their staffing complement; and the measures he proposes to take to address this scandalous situation. [23144/04]
Responsibility for the provision of occupational therapy services and human resource planning rests in this instance with the Eastern Regional Health Authority. My Department has therefore requested the regional chief executive to investigate the matters raised by the Deputy and reply to him directly.
148 Aengus Ó Snodaigh asked the Minister for Health and Children the reason the transplant unit promised for the Mater Hospital by the Government in 2000 never opened; when it is likely to open; and if it will be fully-funded by the Government. [23145/04]
149 Aengus Ó Snodaigh asked the Minister for Health and Children if the equipment for the transplant unit is in place in the Mater Hospital, Dublin; and if the unit never opened, if it was due to the fact that Government funding for the operation of such a unit was never forthcoming. [23146/04]
I propose to take Questions Nos. 148 and 149 together.
Services at the Mater Hospital are provided under an arrangement with the Eastern Regional Health Authority. The lung transplant unit at the Mater Hospital was formally opened by the Taoiseach in March 2004. My Department is advised that the Mater Hospital is proposing to carry out three lung transplants this year, and hopes to increase this level of activity to at least 15 transplants per annum as the programme develops. In addition, an agreement is in place with the Freeman Hospital in Newcastle which provides for a minimum of 15 lung transplants to be performed on Irish patients in the 12 month period to 31 March 2005, subject to the availability of suitable organs. The position can be further reviewed in the event of additional donor organs being available.
150 Mr. Connaughton asked the Minister for Health and Children when a decision will be made on an application for the nursing home subvention in the name of a person (details supplied) in County Galway; and if she will make a statement on the matter. [22989/04]
As the Deputy will be aware, the provision of health services in Galway 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.
151 Mr. O’Shea asked the Minister for Health and Children her proposals to appoint a neurologist to the staff of Waterford Regional Hospital; and if she will make a statement on the matter. [22990/04]
Responsibility for the provision of services at Waterford Regional Hospital is, in the first instance, a matter for the South Eastern Health Board.
My Department has, therefore, asked the chief executive officer of the South Eastern Health Board to investigate the matter and reply to the Deputy directly.
152 Mr. O’Shea asked the Tánaiste and Minister for Health and Children if her attention has been drawn to the fact that a podiatrist is only available for half an hour per week at Waterford Regional Hospital; the urgent proposals she has to provide an adequate podiatrist service at Waterford Regional Hospital; and if she will make a statement on the matter. [22991/04]
Responsibility for the provision of services at Waterford Regional Hospital is, in the first instance, a matter for the South Eastern Health Board. My Department has, therefore, asked the chief executive officer of the South Eastern Health Board to investigate the matter and reply to the Deputy directly.
153 Mr. Gregory asked the Tánaiste and Minister for Health and Children the reason there is no central database regarding services for children with special needs, indicating the type of client each service is designed for; and if she will make a statement on the matter. [22992/04]
I wish to advise the Deputy that the National Intellectual Disability Database was established in 1995. This database outlines the specialised health services currently used or needed by people with intellectual disability and informs the strategic direction of these services through the provision of information on trends in service need, service use and wider societal changes that may impact on service developments. The National Intellectual Disability Database answers four key questions: how many people with intellectual disability are receiving specialised health services; how many people with intellectual disability are waiting for such services; what services are they waiting on; and when, in the next five years, do they need these services? The National Intellectual Disability Database is intended to provide a comprehensive and accurate information base for decision-making in relation to the planning, funding and management of services for people with an intellectual disability.
154 Mr. Noonan asked the Tánaiste and Minister for Health and Children when funding will be provided to commission a six unit residential unit at St. Vincent’s, Lisnagry, County Limerick; and if she will make a statement on the matter. [22993/04]
The development of health related services for people with intellectual disabilities, and for those with autism, is a matter for the Eastern Regional Health Authority and the health boards in the first instance. Priorities for the allocation of funding available for the development of such services are decided by the health boards in consultation with the regional consultative and development committees for intellectual disabilities and autism. Voluntary sector service providers and consumers are represented on these committees. Accordingly, the Deputy's question has been referred to the chief executive officer of the Mid-Western Health Board with a request that he examine the matter and reply directly to the Deputy, as a matter of urgency.
155 Mr. Noonan asked the Tánaiste and Minister for Health and Children her plans to improve dental services for public patients in the Mid-Western Health Board region; the expected waiting time for patients at Nenagh dental clinic and at the dental clinic at the Limerick Regional Hospital; and if she will make a statement on the matter. [22994/04]
The provision of orthodontic services is the statutory responsibility of 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 orthodontic services in the Mid-Western Health Board, MWHB, 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 — including the MWHB — under the leadership of the professor of orthodontics.
In June 2002, my Department provided additional funding of €5 million from the national 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 MWHB was allocated an additional €0.451 million from this fund for the treatment of cases in this way.
The management of orthodontic services in the MWHB area is the statutory responsibility of the chief executive officer. My Department has therefore asked the chief executive officer to supply the information requested regarding waiting times at Nenagh and Limerick to the Deputy directly.
The chief executive officers of the health boards-authority have informed my Department that at the end of the March quarter 2004, there were 21,033 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.
156 Mr. Durkan asked the Tánaiste and Minister for Health and Children if and when an early hospital appointment can be scheduled for a person, details supplied, to attend Hume Street Hospital; and if she will make a statement on the matter. [22995/04]
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.
157 Mr. Durkan asked the Tánaiste and Minister for Health and Children if extra funding can be offered to the Kildare branch of the Alzheimer Society of Ireland to support services, details supplied; and if she will make a statement on the matter. [23030/04]
As the Deputy is 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.
158 Mr. Ring asked the Tánaiste and Minister for Health and Children if transport will be provided for a person, details supplied, in County Mayo to travel to Cappagh Hospital for 10 October 2004 in order that they can be admitted for a hip operation. [23031/04]
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 officer of the board to investigate the matter raised by the Deputy and reply direct to him as a matter of urgency.
159 Mr. Stagg asked the Tánaiste and Minister for Health and Children the number of elderly persons awaiting allocation of a long-term care place in State nursing homes and public beds in private nursing homes in County Kildare; and if she will make a statement on the matter. [23038/04]
As the Deputy is aware, the provision of health services in County Kildare 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 officer of the authority to investigate the matter raised by the Deputy and reply direct to him as a matter of urgency.
160 Mr. McGuinness asked the Tánaiste and Minister for Health and Children if an application for a second adoption in the name of persons, details supplied, in County Kilkenny will be expedited in view of the exceptional circumstances of the case. [23052/04]
The matter raised by the Deputy is the statutory responsibility of the South Eastern Health Board. My Department has requested the chief executive officer of the health board to look into the matter and to reply directly to the Deputy.
161 Ms O. Mitchell asked the Tánaiste and Minister for Health and Children if liquid based cervical smear testing is universally used throughout the country; and if not, when it is envisaged that such testing will be extended. [23058/04]
My Department is advised by the Eastern Regional Health Authority that it has introduced liquid based cytology into all cytology laboratories in the region. In addition, my Department is currently in discussion with the Irish cervical screening programme concerning the question of introducing liquid based cytology in other laboratories in the country.
162 Ms O. Mitchell asked the Minister for Health and Children her plans to ensure the rapid turnaround of cervical smear testing results. [23059/04]
The number of smear tests carried out annually is approximately 230,000 and represents an increase of 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. In addition, a number of hospitals have undertaken initiatives such as contracting out of smear test analysis to external laboratories. These initiatives have resulted in a reduction in waiting times.
163 Ms O. Mitchell asked the Minister for Health and Children the waiting time for results of cervical smear tests in each health board area. [23060/04]
My Department is advised by the Eastern Regional Health Authority and relevant health boards that the current average waiting times for cervical screening tests are as follows:
|
Board |
Urgent |
Routine |
|
ERHA |
1-2 weeks |
6-7 weeks |
|
NEHB |
1 week |
4-9 weeks |
|
NWHB |
4 weeks |
4-6 weeks |
|
SHB |
1 week |
7-8 weeks |
|
WHB |
2 weeks |
6 weeks |
The number of smear tests carried out annually is approximately 230,000 and represents an increase of 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, 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.
164 Ms O. Mitchell asked the Minister for Health and Children if representations to the Minister for Finance have been made by her Department to extend capital reliefs to facilitate the construction of geriatric or psychiatric hospitals cum nursing homes in cases in which the need is great and the voluntary sector is anxious to become involved in meeting this need. [23061/04]
In July 2002 I announced an additional 850 community nursing unit beds which will provide respite, convalescence, long stay and rehabilitation services to elderly patients under two pilot public private partnership, PPP, projects in 17 locations throughout the Eastern Regional Health Authority, ERHA, and Southern Health Board, SHB, areas.
Public sector benchmarks for both projects have been prepared and finalised by the ERHA and the SHB. These are a comprehensive and detailed risk adjusted costing of the project elements using conventional procurement over the whole life of the project. The public sector benchmarks have been submitted to the Department of Finance for consideration and my Department is currently in consultation with the Department of Finance with regard to the projects. On approval contract notices will be advertised by each of the awarding authorities in the Official Journal of the European Union.
The question of extending capital reliefs to facilitate the construction of geriatric or psychiatric hospitals has not arisen to date.
165 Ms O. Mitchell asked the Minister for Health and Children if she has responded to the issues raised by a person (details supplied) in their letter to the chief executive officer of Tallaght Hospital; and the action which has been taken to ensure that a serious crisis does not occur in the orthopaedic service. [23062/04]
Services at the Adelaide and Meath Hospital, incorporating the National Children's Hospital, Tallaght and at Our Lady's Hospital for Sick Children, 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.
166 Ms O. Mitchell asked the Minister for Health and Children the action she is proposing to compensate women damaged by a person (details supplied) the vast majority of whose cases are not statute barred. [23063/04]
Any person who believes that they have suffered loss or injury as the result of negligence by another person has the right to seek redress through the courts. Any claim for compensation is against the person who has allegedly caused the loss or injury. In the case referred to by the Deputy no claim has been made against either the Minister for Health and Children or my Department. If the statute of limitations has not expired the women concerned can still exercise their rights through the courts.
167 Mr. Durkan asked the Minister for Health and Children if she will update her plans for the future development of Peamount Hospital, County Dublin with particular reference to the need to provide senior consultancy posts in respect of tuberculosis or respiratory illness for the future; if she can indicate the way in which such patients are to be provided for in the future in view of the reluctance of other general hospitals to accept patients in this category, particularly those with rare diseases requiring isolation; and if she will make a statement on the matter. [23097/04]
Services at Peamount Hospital 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 the issues raised by the Deputy and to reply to him directly.
168 Mr. Durkan asked the Minister for Health and Children if and when respite care or therapy will be offered in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [23098/04]
The provision of health related services, including respite care or therapy, for people with physical and or sensory disabilities is a matter for the Eastern Regional Health Authority and the health boards in the first instance. Accordingly, the Deputy's question has been referred to the chief executive officer of the Eastern Regional Health Authority with a request that he examine the matter and reply directly to the Deputy, as a matter of urgency.
169 Mr. Neville asked the Minister for Health and Children if she will outline her Department’s contribution to voluntary organisations, both directly and through the health boards for 2002, 2003 and 2004. [23104/04]
My Department directly funded the following capital and non-capital financial grants to the voluntary organisations outlined below in 2002, 2003, and to date in 2004.
|
Capital €000 |
Non Capital €000 |
|
|
Mercy Hospital |
||
|
2002 |
4,690 |
Final Determination 43.675 |
|
2003 |
4,713 |
Final Determination 52.875 |
|
2004 |
ytd 2004 — 14,645 |
Original 04 Allocation 56.351 |
|
South Infirmary |
||
|
2002 |
4,578 |
Final Determination 33.361 |
|
2003 |
3,705 |
Final Determination 38.995 |
|
2004 |
ytd 2004 — 980 |
Original 04 Allocation 42.231 |
|
St John’s Hospital |
||
|
2002 |
0 |
Final Determination 16.449 |
|
2003 |
307 |
Final Determination 17.727 |
|
2004 |
ytd 2004 — 939 |
Original 04 Allocation 18.709 |
|
Disability Federation |
||
|
2002 |
0.00 |
Final Determination 717 |
|
2003 |
0.00 |
Final Determination 549 |
|
2004 |
0.00 |
Original 04 Allocation 679 |
|
NAMHI |
||
|
2002 |
0.00 |
Final Determination 283 |
|
2003 |
0.00 |
Final Determination 315 |
|
2004 |
0.00 |
Original 04 Allocation 355 |
In addition, the health promotion unit in my Department issued
|
Year |
€000 |
|
2002 |
815 |
|
2003 |
720 |
|
30 August 2004 |
342 |
Since the year 2000, the funding of the voluntary organisations providing services for sensory, physical and intellectual disabilities has transferred to the health boards and the Health Board Authority. In addition, capital significant funding has been provided by the health boards and the authority to assist a wide range of voluntary organisations.
My Department has requested the boards and authority to reply directly to the Deputy with the relevant information.
170 Mr. Neville asked the Minister for Health and Children the number of persons by gender who overdosed on paracetamol products for 2000, 2001 and 2002. [23105/04]
171 Mr. Neville asked the Minister for Health and Children the number of kidney failures resulting from overdosing on paracetamol products for each year from 2000 to 2003. [23106/04]
172 Mr. Neville asked the Minister for Health and Children the number of persons who suffered liver damage as a result of paracetamol poisoning in each of the years 2000 to 2003. [23107/04]
173 Mr. Neville asked the Minister for Health and Children the number of cases of self-poisoning here in each of the years from 2000 to 2003; and the number of cases of self-poisoning resulting from paracetamol products in each of these years. [23108/04]
174 Mr. Neville asked the Minister for Health and Children the number of liver transplants here in each of the years 2000 to 2003; and the number of liver transplants due to damage as a result of paracetamol overdoses in each of the years 2000 to 2003. [23109/04]
175 Mr. Neville asked the Minister for Health and Children the number of products on the market containing paracetamol; and the names of same. [23110/04]
I propose to take QuestionsNos. 170 to 175, inclusive, together.
The statistical data sought by the Deputy is summarised in the following table. With the exception of data on liver transplants, which comes from the national organ procurement service and renal and pancreatic transplant centre based at Beaumont Hospital, the data presented below are derived from the hospital in-patient inquiry, HIPE, system, which records information on each in-patient and day-case discharge from all publicly funded acute hospitals. Persons hospitalised more than once in a given year for the same condition are counted separately in the statistics for each hospital stay.
|
Year |
Self-poisoning: no. of persons |
Self-poisoning by paracetamol: no. of persons by gender |
Paracetamol poisoning: no. of persons by gender |
No. of persons who suffered kidney failures as a result of paracetamol poisoning |
No. of persons who suffered liver damage as a result of paracetamol poisoning |
No. of liver transplants(3) (4) |
||
|
Male |
Female |
Male |
Female |
|||||
|
2000 |
3,731 |
293 |
643 |
487 |
1,036 |
9 |
25 |
40 |
|
2001 |
3,643 |
311 |
693 |
483 |
1,086 |
15 |
35 |
35 |
|
2002 |
3,402 |
282 |
538 |
464 |
928 |
12 |
36 |
38 |
|
2003 (5) |
3,508 |
299 |
602 |
489 |
997 |
11 |
27 |
32 |
|
Total |
Females Accidental only* |
Total |
Males Accidental only* |
Total |
Unknown Accidental only* |
|
|
2000 |
479 |
41 |
265 |
38 |
17 |
6 |
|
2001 |
538 |
40 |
201 |
24 |
5 |
2 |
|
2002 |
410 |
37 |
127 |
15 |
2 |
0 |
|
2003 |
445 |
35 |
177 |
42 |
3 |
0 |
|
Year |
All agents |
Pharmaceuticals only |
Paracetamol |
|
2000 |
11,322 |
5,379 |
676 |
|
2001 |
9,744 |
6,221 |
678 |
|
2002 |
8,646 |
5,567 |
487 |
|
2003 |
8,386 |
5,125 |
548 |
176 Ms Shortall asked the Minister for Health and Children her views on whether it is acceptable that a person (details supplied) in Dublin 15 whose general practitioner suspects that they have skin cancer is forced to wait until August 2005 for a diagnostic biopsy; and the steps he will take to ensure that early diagnosis is available. [23138/04]
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.
177 Aengus Ó Snodaigh asked the Minister for Health and Children if there has been discussions between officials of his Department and the health boards and local authority regarding the need to provide appropriate housing in the community which can address the accommodation needs of persons with schizophrenia and their carers; and if she will make a statement on the matter. [23150/04]
The Inspector of Mental Hospitals has repeatedly expressed his concern about the inadequate supply of appropriate housing in the community for persons suffering mental illness in his annual reports. The inspector has acknowledged the valuable work done by voluntary groups in availing of Department of the Environment and Local Government funding to provide excellent residential facilities throughout the State. Nevertheless, much remains to be done in this area. I assure the Deputy in this regard that the future communitisation of our mental health services, including measures to address the needs of schizophrenia sufferers and their carers, will be considered in the context of the Estimates process for 2005 and subsequent years. Such considerations, as in the past, will involve discussions between officials of the Department of Health and Children and service providers and users.
178 Aengus Ó Snodaigh asked the Minister for Health and Children the funding that has been granted by the State to organisations (details supplied) in each of the past five years; her views on the fact that these groups need to be funded adequately so that they can carry out their work effectively; and if she will make a statement on the matter. [23151/04]
Voluntary organisations such as Schizophrenia Ireland, Lucia Foundation, and their members play an essential role, together with the statutory agencies, in providing mental health services. I am committed to encouraging the activities of such voluntary organisations. The level of funding made available by the Department of Health and Children and the health boards to Schizophrenia Ireland, Lucia Foundation, in the period 1999-2003* is as follows: 1999, £399,300; 2000, £414,437; 2001, £551,697; 2002, €989,589; 2003, €1,021,348.
The other organisation referred to by the Deputy, the Irish Psychiatric Association, which was established in 2001, is an organisation of psychiatrists focused on policy and service development. One-off funding of €15,000 was made available to the association in 2001 towards the cost of its inaugural conference, which focused on the provisions of the Mental Health Act 2001.
*2004 audited accounts are not yet available
179 Mr. Wall asked the Minister for Transport the length of lists for driving tests at the Carlow, Naas and Portlaoise centres; the proposals he has in regard to the reduction of such lists; andif he will make a statement on the matter. [23033/04]
The number of persons awaiting a driving test at the centres named is set out in the following table:
|
Centre |
Number of Applicants |
|
Carlow |
2,469 |
|
Naas |
6,434 |
|
Portlaoise |
1,495 |
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.
180 Ms O. Mitchell asked the Minister for Transport if he has received a response from the Dublin local authorities following the communication by him of the list of speed limit revisions recommended by the Automobile Association and the Society for the Irish Motor Industry. [23046/04]
In the context of an overall review of speed limits carried out against the background of the metrication of such limits generally, county and city managers were asked in January 2003 to examine the position in their areas. The authorities were also asked to examine locations where speed limits might not be appropriate and to take appropriate action. Both the Automobile Association and the Society for the Irish Motor Industry subsequently presented the Department with lists of more than 50 locations around the country in respect of which they had received representations questioning the speed limits currently in place. The details of current and suggested limits, as received from the AA and SIMI, were forwarded to the relevant managers for their consideration. Reports have been received from the four Dublin local authorities in response to the issues highlighted by the AA and SIMI.
181 Ms O. Mitchell asked the Minister for Transport if he has received a report from the RPA in respect of the Luas derailment which occurred at St. Stephen’s Green. [23065/04]
I presume the Deputy is referring to the incident that took place on 17 September 2004. I am advised by the interim railway safety commission that it expects to receive a report into the incident from Connex, the tram operator, shortly. Shortly after the incident, two inspectors from the interim commission inspected the scene and since then have been monitoring the investigation by Connex. The interim commission is also keeping in contact with the Garda regarding its investigation. It would be inappropriate to speculate on the likely cause of the collision before Connex finalises its report and while the Garda investigation is ongoing.
182 Ms Shortall asked the Minister for Transport if his attention has been drawn to the fact that only one Bus Éireann employee has indicated a wish to decentralise to Mitchelstown; the way in which he proposes to deal with the decentralisation issue in view of this; and if he will make a statement on the matter. [23102/04]
There are currently no expressions of interest from Bus Éireann employees to decentralise to Mitchelstown. There has been a general reluctance on the part of State agency employees to participate in the central applications facility and this has influenced the Bus Éireann position. The Department of Finance is currently engaged in ongoing negotiations with unions and staff associations representing State agency employees.
183 Ms Shortall asked the Minister for Transport the persons to whom penalty points are applied when drivers of fleet vehicles are caught speeding by speed cameras; and if he will make a statement on the matter. [23103/04]
The Road Traffic Act 2002 provides that where it is not possible to identify the driver of a mechanically propelled vehicle which has exceeded the speed limit, a fixed charge notice is issued by the Garda Síochána to the registered owner of the vehicle concerned. This can occur for instance where the commission of a speeding offence is detected by a camera. The notice conveys details of the commission of an alleged offence and indicates that no prosecution will be initiated if the driver pays a fixed charge within a 28 or 56 day period and accepts two penalty points on his driving licence record. The notice also conveys to the registered owner that if he or she was not driving or otherwise using the vehicle at the time of the commission of the alleged offence, he or she should complete and return within 28 days a form providing information including the name and address of the person who was driving or otherwise using the vehicle.
It is an offence for a registered owner to fail to comply with the requirement to supply such information. Furthermore, it is an offence if a registered owner gives information whether or not contained in a document which is to his or her knowledge false or misleading. In that context, it should be particularly noted that the Road Traffic Act, 2002 also provides that where the registered owner of the vehicle concerned does not furnish information to the effect that some other person was driving or otherwise using the vehicle, in a prosecution of that owner for the alleged offence, it shall be presumed until the contrary is shown that he or she was driving or otherwise using the vehicle at the time of the commission of the alleged offence. Thus where a registered owner does not pay the fixed charge or does not communicate to the Garda Síochána that anyone else was driving the vehicle at the relevant time, a prosecution may be initiated by the Garda Síochána.
Persons convicted of the commission of an offence of exceeding a speed limit will, unless the court imposes a disqualification from driving, have four penalty points endorsed on their licence record in the national driver file.
184 Mr. P. Breen asked the Minister for Transport if Iarnród Éireann will carry out costings on the reopening of the Ennis-Athenry-Galway railway line in view of the success of the new Ennis-Limerick commuter line; and if he will make a statement on the matter. [23112/04]
Earlier this year the previous Minister for Transport, Deputy Brennan, established an expert working group, under the chairmanship of Mr. Pat McCann, chief executive of the Jurys-Doyle hotel group, to carry out a full examination of the proposal to re-open the western rail corridor. The group is comprised of county managers, directors of the regional authorities, representatives of the city and county development boards, the Western Development Commission, West-on-Track and the inter-county rail committee, Iarnród Éireann, the Railway Procurement Agency and my Department. The working group is examining all aspects of the western rail corridor proposal including the prospects for opening the line on a phased basis. This would include the potential for opening the Ennis-Athenry-Galway section of the line.
185 Mr. Boyle asked the Minister for Transport the supports his Department offers in the area of accessible transport; and if such support has been sought and given to the Cork accessible transport group. [23134/04]
Good progress has been made in recent years to make public transport more accessible for people with mobility and sensory impairments. This has been done through the provision of focused investment in accessible buses and railway rolling stock as well as transport infrastructure and facilities. Full details of this progress along with my Department's proposals for the future development of accessible public transport are contained in the outline sectoral plan for accessible public transport published recently in conjunction with the Disability Bill 2004. A copy of the plan is available on my Department's website at www.transport.ie.
I understand that the Cork accessible transport group provides door-to-door specialised transport services exclusively for people with mobility impairments and that responsibility for the funding for this type of service is the responsibility of the Department of Justice, Equality and Law Reform.
186 Mr. Wall asked the Minister for Justice, Equality and Law Reform when a sufficient number of gardaí will be provided to ensure that a Garda station (details supplied) in County Kildare can be opened to the public for 24 hours per day, seven days per week; and if he will make a statement on the matter. [22983/04]
I have been informed by the Garda authorities who are responsible for the detailed allocation of resources, including personnel, that Athy Garda station is open to the public from 9 a.m. to 10 p.m. each day. In addition, the sub-district is policed by a mobile patrol 24 hours a day, seven days a week. The extension of the current opening hours to 24 hours would necessitate the employment of Garda personnel on indoor administrative duties. Such personnel can be utilised more effectively in providing a visible Garda presence on outdoor policing duties. Local Garda management is satisfied that the current opening hours of Athy Garda station are adequate to meet the present policing needs of the area.
187 Mr. Wall asked the Minister for Justice, Equality and Law Reform the number of gardaí in each of the stations in the Kildare section of the Carlow-Kildare division; if the number for each station is equal to the accepted number; if not, when the positions will be filled to bring the stations to their full complement; and if he will make a statement on the matter. [22984/04]
I have been informed by the Garda authorities who are responsible for the detailed allocation of resources, including personnel, that the personnel strength of Carlow-Kildare division as at 27 of September 2004 is 326, all ranks. This compares to a figure of 292 on the 31 of December 1997 and represents an increase of 34, or 11.65%, in the personnel allocated to Carlow-Kildare division since that date. It is the responsibility of the divisional officer to allocate personnel within his or her division. I have been further informed that the personnel strength, all ranks, of each Garda station in County Kildare in the Carlow-Kildare division as at 27 of September 2004 is as set out hereunder:
|
Station |
Strength |
|
Naas |
78 |
|
Clane |
6 |
|
Kill |
3 |
|
Celbridge |
19 |
|
Maynooth |
15 |
|
Kildare |
28 |
|
Newbridge |
29 |
|
Robertstown |
3 |
|
Kilcullen |
3 |
|
Carbury |
2 |
|
Monasterevin |
2 |
|
Rathangan |
3 |
|
Athy |
17 |
|
Castledermot |
2 |
|
Ballytore |
1 |
|
Ballymore Eustace |
1 |
Garda management will continue to appraise the policing and administrative strategy employed in the Carlow-Kildare division with a view to ensuring that an effective Garda service is maintained. The situation will be kept under review and when additional personnel next becomes available the needs of Garda stations in County Kildare will be fully considered within the overall context of the needs of Garda stations throughout the country.
188 Mr. Timmins asked the Minister for Justice, Equality and Law Reform the reason a person (details supplied) in County Leitrim has not received correspondence from the immigration offices following an application for extension of their visa; and if he will make a statement on the matter. [22985/04]
The immigration division of my Department has recently been in contact with the person concerned requesting further information regarding her application for residency. On receipt of this information a decision will be made on the case.
189 Mr. Crowe asked the Minister for Justice, Equality and Law Reform if he will investigate the case of a person (details supplied). [22986/04]
The person referred to by the Deputy entered the State on 23 August 2000 as an unaccompanied minor and applied for refugee status. Following an interview on 15 January 2002 by the Office of the Refugee Applications Commissioner, he was refused refugee status in the State. He was notified of this refusal on 28 March 2002 and subsequently appealed the determination to the Refugee Appeals Tribunal. Following an oral hearing on 19 September 2002, his appeal was rejected and the original determination affirmed. He was informed of the Refugee Appeals Tribunal decision on 30 November 2002. In accordance with section 3 of the Immigration Act 1999 as amended, the person concerned was informed on 4 February 2003 that it was proposed to make a deportation order in respect of him. He was 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 he should not be deported; or to voluntarily leave the State or to consent to deportation.
An application for leave to remain in the State was received from his legal representatives on 26 February 2003. Following consideration of the case under section 3 of the Immigration Act 1999, as amended, and section 5 of the Refugee Act 1996, which deals with prohibition of refoulement, a deportation order was signed on 27 July 2004 in respect of this person who is no longer a minor. The enforcement of the deportation order is a matter for the Garda National Immigration Bureau. The person concerned is currently in custody awaiting arrangements for his deportation.
190 Mr. Gregory asked the Minister for Justice, Equality and Law Reform his plans to abolish ground rents; the assistance available to families and persons in need whose lease is due to expire involving considerable costs to them if they are not to lose their home; and if he will make a statement on the matter. [22987/04]
The Government's legislative programme makes provision for a Bill to abolish ground rents. As I have stated previously, publication of the Bill is subject to the resolution of possible constitutional and practical difficulties. The constitutional difficulties relate to the respective rights of ground rent tenants and landlords while the practical difficulties concern land law generally and in particular the land registration system.
I am sure that the Deputy is aware that a statutory scheme for the acquisition of the fee simple in dwelling houses is contained in the Landlord and Tenant (Ground Rents)(No. 2) Act 1978. Part III of that Act provides a special procedure, operated at low cost by the Land Registry, whereby a person may acquire readily and relatively inexpensively the fee simple in their dwelling house. The value of a lease to a landlord increases the closer the lease is to expiry and the best advice to give tenants is to buy out a ground rent in good time. This will avoid the extra costs attaching to the purchase of the ground rent where a lease is close to expiry. This has been the consistent advice offered by Ministers for Justice, Equality and Law Reform.
191 Mr. Noonan asked the Minister for Justice, Equality and Law Reform when a decision will be made on an application by a person (details supplied) in County Limerick for a grant under the national development plan; and if he will make a statement on the matter. [22988/04]
An application for capital grant assistance from the 2000-06 equal opportunities child care programme was submitted by this private child care provider to my Department some time ago. The day-to-day administration of the programme is undertaken by Area Development Management Limited, which has been engaged by my Department to carry out thorough assessments against the programme criteria of all applications for grant assistance, on my behalf. I understand that the assessment process can involve lengthy dialogue with the applicant and that in this instance the assessment is almost complete.
On completion of the assessment process, the project will be referred to the programme appraisal committee chaired by my Department which makes a funding recommendation to me before I make a final decision on the matter. In the interim, it would be premature of me to comment further on this capital grant application.
192 Cecilia Keaveney asked the Minister for Justice, Equality and Law Reform the position in relation to a citizenship application for a person (details supplied) in County Donegal; and if he will make a statement on the matter. [23026/04]
An application for naturalisation from the person referred to by the Deputy was received in the citizenship section of my Department in June 2003. The average processing time for an application for naturalisation is currently 24 months. Consequently, it is anticipated that the application should be finalised around June 2005.
As I have previously stated there are over 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 more than 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 major 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.
193 Cecilia Keaveney asked the Minister for Justice, Equality and Law Reform if all Garda stations in a district (details supplied) in County Donegal are at their full strength; if not, when they will be dealt with; and if he will make a statement on the matter. [23027/04]
I have been informed by the Garda authorities that it is the responsibility of the divisional officer to allocate personnel within his or her division. The current personnel strength, all ranks, of Buncrana Garda District is 75.
Every effort is made to fill vacancies that arise as a result of retirements-promotions in conjunction with the allocation of newly attested gardaí and newly promoted personnel and I am informed that an additional 19 probationer gardaí were allocated to the Donegal division on 15 September 2004.
Garda management will continue to appraise the policing and administrative strategy employed in the Buncrana district and Donegal division with a view to ensuring that an effective Garda service is maintained. The situation will be kept under review and when additional personnel next becomes available, the needs of Buncrana will be fully considered within the overall context of the needs of Garda divisions throughout the country.
194 Cecilia Keaveney asked the Minister for Justice, Equality and Law Reform if the manpower at a Garda station (details supplied) in County Donegal is back to its full strength; and if he will make a statement on the matter. [23028/04]
I have been informed by the Garda authorities that it is the responsibility of the divisional officer to allocate personnel within his or her division. The current personnel strength, all ranks, of Moville Garda station is eight.
Every effort is made to fill vacancies that arise as a result of retirements-promotions etc. in conjunction with the allocation of newly attested gardaí and newly promoted personnel and I am informed that an additional 19 probationer gardaí were allocated to the Donegal division on 15 September 2004.
Garda management will continue to appraise the policing and administrative strategy employed in the Donegal division with a view to ensuring that an effective Garda service is maintained. The situation will be kept under review and when additional personnel next becomes available, the needs of the Donegal division will be fully considered within the overall context of the needs of Garda divisions throughout the country.
195 Mr. Deenihan asked the Minister for Justice, Equality and Law Reform when a decision will be made on the application for a grant by a centre (details supplied ) in County Kerry under the child care capital programme; and if he will make a statement on the matter. [23029/04]
I understand that a capital grant application for more than €3.2 million was submitted by the group to my Department some time ago. This is one of the highest grant amounts ever sought for a single project under the programme.
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 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 more than 1,100 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 end 2007 and must take place in a planned manner as must grant approvals to ensure that the programme can meet its financial commitments at all times. 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 current 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 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 regarding 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 may be considered again should additional capital resources come available and if the project has adequately demonstrated that it would merit funding under the programme during the review process. 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. 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.
The Deputy may be aware that the group in question has previously been approved a total of € 362,927 in staffing supports under the programme. In the interim, it would be premature of me to comment further on this capital grant application.
196 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform the number of administrative posts which are being carried out partly or in full by gardaí; and if he will make a statement on the matter. [23041/04]
I have been informed by the Garda authorities who are responsible for the detailed allocation of resources, including personnel, that there are currently 373 Garda personnel employed in administrative posts based on those personnel who are in receipt of designated post and ex gratia allowance and as such are employed on administrative duties.
In 2001, the Government approved the civilianisation of 496 administrative throughout posts throughout the Garda Síochána. These included administrative posts in headquarters, branches and in the various offices located in divisions and districts. The figure also includes posts in some sections of the Technical Bureau, transport details and telecommunications that are suitable for civilianisation.
My Department is currently reviewing these figures in conjunction with the Department of Finance and Garda management.
197 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform the number of Garda hours which are spent on an annual basis in inputting incident reports and other data into the PULSE system; and if he will make a statement on the matter. [23042/04]
I have been informed by the Garda authorities that the number of hours spent annually in inputting incidents reports and other data into the PULSE system is not recorded.
198 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform if he has satisfied himself with the reliability of the principal radio communications system which is being used by the gardaí; if his attentions has been drawn to incidents of its having failed; and if he will make a statement on the matter. [23043/04]
199 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform the position regarding the Tetra radio communications system; the reason it has not been rolled out fully to date; the date by which all members will be using this system; and if he will make a statement on the matter. [23044/04]
I propose to take Questions Nos. 198 and 199 together.
I am aware that the existing radio communications system in use by the Garda Síochána is in need of replacement and steps are under way to introduce a replacement digital radio system. In this regard, a pilot digital radio system covering the Dublin north central division and traffic section, Dublin Castle has been completed by the Garda Síochána. Following its successful completion, the Garda Síochána prepared a business case for the extension of the system on a nationwide basis and this was submitted to me by the Garda Commissioner for consideration.
Discussions are ongoing between officials of my Department and Department of Finance on the most appropriate way to progress the project. Until these discussions have concluded, it is not possible to be definitive on an exact date when the system will be expanded beyond the pilot areas. Notwithstanding the decision to be taken on replacing the Garda radio system, and in recognition that the current system must be maintained, significant expenditure has been invested in the existing system. Some €1 million was expended in capital equipment at the end of 2003 with further expenditure taking place this year. This does not take away from the requirement for an enhanced Garda radio system, but it demonstrates my commitment to maintain the existing system in operational use until it can be replaced.
200 Mr. Gregory asked the Minister for Justice, Equality and Law Reform the number of gardaí assigned to Fitzgibbon Street Garda station in Dublin 1; the number of community gardaí at same; the number of community gardaí assigned to patrol the Ballybough and Clonliffe areas of Dublin 3; if there are regular Garda foot and mobile patrols covering the Ballybough and Clonliffe areas; if there have been arrests following the spate of house break-ins in the Tolka Road and Clonliffe area in the week ending 25 September 2004; the action the gardaí are taking to counter this spate of house break-ins; and if he will make a statement on the matter. [23051/04]
I have been informed by the Garda authorities who are responsible for the detailed allocation of resources, including personnel, that the current personnel strength of Fitzgibbon Street Garda station, all ranks, as at the 29 September 2004 is 119.
The situation will be kept under review and when additional personnel next becomes available the needs of Fitzgibbon Street Garda Station will be fully considered within the overall context of the needs of Garda stations throughout the country. There are currently two sergeants and 13 gardaí assigned to community policing in Fitzgibbon Street with three vacancies to be filled in the near future. Two community gardaí are assigned to the Ballybough and Clonliffe areas and this area is covered regularly on mobile and foot patrols by plain clothes and uniformed gardaí. In addition, divisional mobile units also pay regular attention to the area concerned. No arrests have been made in respect of any burglaries committed in the areas mentioned in the week ending 25 September 2004. This issue was discussed, inter alia, with approximately 200 residents of the area, at a meeting held by local Garda management on 28 September at the Tivoli Centre. At that meeting local Garda management assured the residents that Garda resources and higher Garda visibility would be directed to the areas concerned. A further meeting has been arranged for two weeks’ time.
201 Ms O. Mitchell asked the Minister for Justice, Equality and Law Reform if it is his intention to build, as reported in the media, a new prison on the site of the Central Mental Hospital. [23069/04]
I have no plans to build a new prison on the site of the Central Mental Hospital in Dundrum.
202 Mr. Durkan asked the Minister for Justice, Equality and Law Reform when applications for asylum will be determined in the case of a person (details supplied) in County Westmeath who has been living here since 2002; and if he will make a statement on the matter. [23100/04]
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. A final decision will be made in this case upon receipt of the recommendation of the Refugee Applications Commissioner.
203 Ms Shortall asked the Minister for Justice, Equality and Law Reform if he will report on the enforcement of the Intoxicating Liquor Act 2000, in respect of underage drinking; the number of prosecutions in this regard; the outcomes in this regard; and the breakdown of these figures for each Garda division and for each year since the inception of the Act. [23113/04]
I have made inquiries with the Garda authorities and figures covering the period July 2000 to 31 August 2004 are as outlined in the table. I am arranging for the figures to be set out by year and will forward these to the Deputy when they are available. In so far as the figures reflect statistics for 2003 and 2004 they are provisional.
|
Regions and Divisions |
Prosecutions |
Convictions |
Pending |
Dismissed, struck out |
Closure orders |
Closure Orders Under Appeal |
|
Eastern Region |
74 |
44 |
16 |
14 |
36 |
8 |
|
Carlow/Kildare |
25 |
10 |
7 |
8 |
6 |
4 |
|
Laois/Offaly |
24 |
19 |
4 |
1 |
18 |
4 |
|
Longford/Westmeath |
13 |
7 |
4 |
2 |
5 |
0 |
|
Louth/Meath |
12 |
8 |
1 |
3 |
7 |
0 |
|
Dublin Metropolitan Region |
70 |
18 |
35 |
17 |
14 |
3 |
|
Eastern |
9 |
5 |
1 |
3 |
3 |
3 |
|
North Central |
12 |
2 |
8 |
2 |
1 |
0 |
|
Northern |
12 |
3 |
5 |
4 |
2 |
0 |
|
South Central |
4 |
0 |
2 |
2 |
0 |
0 |
|
Southern |
25 |
7 |
15 |
3 |
7 |
0 |
|
Western |
8 |
1 |
4 |
3 |
1 |
0 |
|
Northern Region |
97 |
33 |
41 |
23 |
22 |
12 |
|
Cavan/ Monaghan |
55 |
15 |
27 |
13 |
8 |
4 |
|
Donegal |
31 |
9 |
13 |
9 |
6 |
5 |
|
Sligo/Leitrim |
11 |
9 |
1 |
1 |
8 |
3 |
|
South Eastern Region |
126 |
59 |
50 |
17 |
41 |
3 |
|
Tipperary |
42 |
18 |
20 |
4 |
13 |
2 |
|
Waterford/ Kilkenny |
51 |
27 |
15 |
9 |
16 |
0 |
|
Wexford/ Wicklow |
33 |
14 |
15 |
4 |
12 |
1 |
|
Southern Region |
176 |
99 |
55 |
22 |
74 |
7 |
|
Cork City |
57 |
23 |
29 |
5 |
21 |
3 |
|
Cork North |
16 |
8 |
4 |
4 |
6 |
1 |
|
Cork West |
32 |
23 |
4 |
5 |
16 |
1 |
|
Kerry |
39 |
25 |
8 |
6 |
23 |
1 |
|
Limerick |
32 |
20 |
10 |
2 |
8 |
1 |
|
Western Region |
229 |
148 |
39 |
42 |
113 |
13 |
|
Clare |
15 |
7 |
6 |
2 |
7 |
1 |
|
Galway West |
39 |
18 |
12 |
9 |
15 |
4 |
|
Mayo |
133 |
88 |
18 |
27 |
60 |
6 |
|
Roscommon/ Galway East |
42 |
35 |
3 |
4 |
31 |
2 |
|
State Total |
772 |
401 |
236 |
135 |
300 |
46 |
204 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if the processing of Iraqi asylum applications and appeals is still suspended; and if so, the grounds on which this is so. [23114/04]
The Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal recommenced the processing of asylum applications from Iraqi nationals at first instance and appeals respectively in March 2004.
205 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if the Government operates a policy of detaining all refugee claimants of a particular nationality at port of entry; if so, the nationality or nationalities to which this policy applied; and the number of refugee claimants who are detained as a result of such a policy. [23115/04]
No such policy is operated by or on behalf of the Government.
206 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the status of the code of conduct for publicans in the implementation of the Equal Status Act 2000; the way in which the Government will enforce such a code of conduct; and the penalty for publicans who violate the code (details supplied). [23116/04]
Under the Equal Status Act 2000 the Equality Authority has power to prepare codes of practice. However, there is no such power in relation to licensed premises.
There is no basis in licensing law for the adoption of codes of conduct, and there are no such codes. There are, however, substantive and extensive statutory provisions relating to drunkenness, disorderly conduct and under-age consumption of alcohol in the licensing acts. Cases of alleged discrimination in relation to licensed premises can be taken in the District Court under the Intoxicating Liquor Act 2003.
207 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the steps he has taken or will take in Budget 2005 to address the funding shortfall situation facing the Legal Aid Board as a consequence of inadequate allocations in budget 2004. [23117/04]
I can inform the Deputy that as the Estimates process has not been finalised to date, it is not possible at this stage to indicate the level of funding which will be allocated to the Legal Aid Board for 2005.
I can, however, inform the Deputy that the level of resources provided to the Legal Aid Board has increased significantly in recent years. For example, in 1997 the grant-in-aid available to the board was €10.656 million. The figure for 2004 represents an increase of almost 73% during this period.
208 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform his views on the position of the Juvenile Justice Alliance that his plans to impose fines of up to €400 on children and young persons charged with minor offences and to send fixed penalty notices directly to the children’s parents contradict the principles and provisions of the Children Act 2001; and if he will make a statement on the matter. [23118/04]
I have no plans at present to introduce fines of up to €400 on children charged with minor offences or to send fixed penalty notices directly to the children's parents. The law on the imposition of fines on child offenders by a court is set out at sections 108 to 110 of the Children Act 2001. These provisions, with the exception of subsection (1)(b)(iii) of section 110, came into operation on 1 May 2002 and I have no plans to change them.
209 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if the Government sent representatives to the Homeland and Global Security Summit 2004 in Washington DC; if so, the title and brief of each person attending; if meetings taking place during the course of this conference had direct or indirect implications for Government policy or spending; if so, the details of same. [23119/04]
No representatives were sent to the 2004 Homeland and Global Security Summit.
210 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform his views on whether the promotion of women’s human rights here is a fundamental necessity for the progressive development of this nation; his further views on whether such a task requires an independent women’s human rights organisation; and if he will consider reinstating core funding for the Women’s Human Rights Project, now the Women’s Human Rights Alliance, in budget 2005 under the equality for women measure of the national development plan to enable them to pursue their strategic plan for 2004-08. [23120/04]
The Women's Human Rights project is one of 70 projects which is being funded under the equality for women measure of the National Development Plan 2000-2006. These projects are being funded on a once off basis with the intention of generally mainstreaming the learning into various policy arenas on their conclusion. It is not intended to provide core funding to any of the projects on an ongoing basis.
The human rights of all people are fundamental to the development of our society and that there is only one human rights community which is, and should be, our entire society. I also believe that women's human rights are indivisible from those of men and children and that the promotion and vindication of human rights is everyone's responsibility and not solely the business of any specialist organisation.
The Government has been to the forefront in introducing legislation and policies to protect human rights in this jurisdiction. The Human Rights Commission, established to give effect to a commitment in the Good Friday Agreement, benefits all sectors of Irish society, including women. The Human Rights Commission Act 2001 provides that at least seven of the 15 human rights commissioners must be women. The European Convention on Human Rights Act 2003 further complements and underpins the protection of human rights in this jurisdiction.
In the wider equality context, rights based legislation in the form of the Employment Equality Act 1998, the Equal Status Act 2000 and more recently the Equality Act 2004 was introduced and supported by an equality infrastructure to defend the rights of the groups named in the equality legislation.
Ireland is also a signatory to a number of important international instruments for promoting women's rights. These include the UN Convention on the Elimination of All Forms of Discrimination Against Women, CEDAW, including the optional protocol to that convention and the UN Beijing Platform for Action. Ireland reports periodically to the United Nations on the implementation of these instruments, the most recent being Ireland's report to the United Nations on the national plan for women 2002 on the implementation of the Beijing Platform for Action and Ireland's combined fourth and fifth reports under CEDAW.
211 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform when he intends to publish the research commissioned by his Department into the proposal to extend the discriminatory grounds pertaining to the Employment Equality Act 1998 and Equal Status Act 2000. [23121/04]
The report commissioned by my Department from UCC Law Department and entitled Extending the scope of Employment Equality Legislation: Comparative Perspectives on the Prohibited Grounds of Discrimination was published on 3 September 2004. The report is available from the Government Publications Office and my Department's website, www.justice.ie. I have also arranged for copies to be placed in the Oireachtas Library.
212 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the status of implementation of the Children Act 2001; and the provisions pending and the time frame by which he plans to complete the implementation of each of these provisions. [23122/04]
The Children Act 2001 is a very complex and comprehensive piece of legislation and, for those reasons, provisions under the Act are being implemented on a phased basis, as was envisaged at the time of enactment.
Responsibility for implementing the Children Act 2001 lies with three Departments, namely, the Departments of Justice, Equality and Law Reform and Education and Science in respect of juvenile offending, and Health and Children in respect of children who are non-offending but out of control. The National Children's Office is co-ordinating the cross-departmental aspects of the implementation of the Act. Significant progress has been made to date.
Three main areas of the Act for which I have responsibility remain to be brought into operation. These concern the age of criminal responsibility, community-based options, and the provision of children detention centres for 16 and 17 year old offenders.
One of the primary aims of the Children Act is to expand the options a court will have at its disposal when deciding on how to deal with a young offender. The community-based options provided for in the Act will allow effect to be given to the principle that detention for young offenders will be a last resort. Thus, the Act generally envisages committals to custody of young offenders being availed of only in situations where other alternative diversions and community-based options have been resorted to and have failed.
The successful implementation of the community based options in the Act will require a very significant input from the Probation and Welfare Service. Notwithstanding the public service recruitment embargo, I secured 30 additional staff specifically for the Probation and Welfare Service to implement those provisions of the Act relevant to the Service. The Probation and Welfare Service, as part of its planning for implementation of the Children Act 2001, engaged trainers from the Department of Child, Youth and Family, New Zealand for the intensive training of all professional staff as facilitators for family conferences to be convened and managed in accordance with the requirements of the Act as well as providing day seminars for all probation and welfare officers. The service will provide ongoing training through its staff development unit as required.
The family conferencing provisions of the Act were placed on a statutory basis on 29 July. The family conference is convened by the Probation and Welfare Service and the convening of the conference is directed by the court where it considers that the preparation of an action plan would be desirable in an individual case. Other provisions of the act relevant to the Probation and Welfare Service will be introduced on a phased basis as resources allow and the timing of implementation will be contingent on the amount of resources secured for this process through the Estimates allocations for 2005.
Under the Children Act, I, as Minister for Justice, Equality and Law Reform will be obliged to provide separate detention facilities for 16 and 17 year old males and females who are committed to custody by the courts either on remand or under sentence. The provision of appropriate custodial facilities is a priority for the Irish Prison Service. The primary objective of these detention centres will be to provide a secure but supportive environment in which young offenders can develop the personal and social skills necessary to avoid future offending.
In line with this, a new facility for male juveniles in this age group will open at St. Patrick's Institution in the near future. This unit, which was designed by a multi-disciplinary team, will include a custom-designed facility for the delivery of education, recreation, medical and therapeutic services. The longer-term provision of a dedicated facility on a greenfield site for 110 juveniles — 90 male and 20 female — is now being pursued in consultation with the director general of the Irish Prison Service and the Office of Public Works.
213 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if the Government has received a date for interview with the UN CEDAW committee; and his views on the recommendations of the Women’s Human Rights Alliance in its CEDAW shadow report of 2004. [23123/04]
Ireland's combined fourth and fifth reports under the Convention on the Elimination of All Forms of Discrimination Against Women is scheduled for presentation to the relevant UN committee in the period 5 to 22 July 2005.
The CEDAW shadow report produced by the Women's Human Rights Alliance was received by my Department on 23 April 2004 and is being considered. The shadow report will be included in the documents which my Department will review as part of its preparations for the July 2005 presentation to the UN Committee on the Elimination of Discrimination Against Women.
214 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the steps he plans to take in response to the findings of the Comptroller and Auditor General’s report into the Probation and Welfare Service; and if there remain other barriers to the full implementation of the recommendations of the expert group that reviewed the service in 1998. [23124/04]
As regards the future organisation and structures of the Probation and Welfare Service, I can inform the Deputy that I have set up a small working group involving departmental and Probation and Welfare officials to build on existing work including the expert group report and the value for money audit of the service mentioned by the Deputy and to identify the type of service that may be required in the future, their relative priority, the resource implications and different methods of providing the services and the research/evaluation available or required to determine the effectiveness of options.
The group has met three times so far and is due to meet again in early October. After that group has completed its work and after appropriate consultation, I hope to be in a position to bring proposals to the Government.
215 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if his Department has completed its review of the recommendations on community policing made by the Garda SMI implementation steering group; if not, when this process will be completed; if so, the action he has decided with respect to implementation of the recommendations; if he has published or will publish the recommendations; and if not, the reason therefore. [23125/04]
The Garda SMI implementation steering group looked in detail at a range of areas within the Garda Síochána, including community policing and its report, which I have laid before Dáil Éireann and which is available on my Department's website, puts forward recommendations for broad based reform of the structure, management and service delivery of the organisation. I am having the report examined in my Department and will give careful consideration to all of the steering group's recommendations. I intend to bring appropriate proposals to Government in the near future.
216 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if he will report on the findings of the independent evaluations of the community policing fora; the recommendations he has adopted in each case; and if he has published or will publish the reports. [23126/04]
I gather that the community policing fora to which the Deputy refers is the community — policing forum project in the Garda "A" district. As the Deputy is aware, the community policing forum in Dublin's "A" Garda district — Kevin St. — Kilmainham — was established by the commissioner in 2000 on a pilot basis following upon extensive consultations between the Garda and community interests. The purpose was to improve relations and communications between local communities and the Garda Síochána. The forum was sub-divided into three fora encompassing the following areas: Bluebell, Inchicore and Islandbridge; Dolphin's Barn, Rialto and Kilmainham; and Christchurch, the Coombe, Portobello — the south west inner city network.
It is my understanding that the independent evaluations to which the Deputy refers is a review of the operation of this forum conducted by the Crew Network dated December 2001. One of the main recommendations of that review was for a State funded co-ordinator to assist in the work of the forum. Co-ordinators are provided in certain cases for fora through funding under the national drug strategy. In a reply to Deputy Costello's question on 9 December 2003, I described in detail the operation of such fora, the mechanisms for funding and my plans for the future in this regard. In my reply to Deputy Mitchell's question on this topic on 9 December 2003, I outlined the reasons as to why it is not possible or appropriate for the Garda Síochána to fund the requested co-ordinator.
In May of this year, a delegation on behalf of the Rialto community policing forum, led by Deputy Ardagh and including the Deputy met with me to discuss provision of funding for the forum. I indicated at the meeting that I am sympathetic towards the case and very supportive of the good work of the forum. At my invitation, the forum subsequently submitted a written proposal in this regard. Having considered the matter further in conjunction with the commissioner, I still agree that such funding is not appropriate for the Garda Vote. However, I have recently written to my colleague, the Minister for Community, Rural and Gaeltacht Affairs, Deputy Ó Cuív, to consider the matter both in the particular situation of the "A" district but also in the wider context of co-operation between gardaí and local authorities at community level. I have also written to the Lord Mayor of Dublin, Councillor Michael Conaghan, requesting him to consider how Dublin City Council might assist in this matter.
The growth of community policing fora in general needs to be delivered in the context of the development of an appropriate policy framework for what are relatively new partnership structures involving the Garda, local authorities and local communities. Such a framework will ensure that such fora can be appropriately developed in a consistent and properly planned manner rather than the ad hoc way in which they have tended to emerge in a number of different contexts to date.
Work is well under way in regard to the development of such a policy framework which will facilitate progress in this area. The Garda Síochána Bill 2004 represents the most significant legislative reform of Garda structures since the foundation of the State. Included in its draft provisions are mechanisms for enhanced co-operation between the Garda and local authorities through the establishment, on a statutory basis, of policing committees. It is intended that such committees will act as fora where matters relating to all aspects of policing can be discussed and where strategies and recommendations for dealing with issues arising locally can be decided. It is intended that these policing committees will facilitate the establishment of local policing fora to address specific issues in local areas.
217 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if he will report on the advice he has received from the Attorney General regarding constitutionality and consistency with international and EU law of his policy of effectively expelling Irish citizens by the deportation of their non-national parents, specifically in view of the European Court of Justice’s opinion in a case (details supplied) regarding the rights of the child citizen. [23127/04]
No decision has yet been made by the European Court of Justice on the Chen case, notwithstanding the Advocate General's opinion. That opinion does not have legal effect. It is only the decision of the European Court of Justice that has legal effect. The Attorney General and I have discussed the Advocate General's opinion and will assess the legal implications of the ECJ's decision when it gives its decision.
218 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if he will report on the full and final cost to the State of the Garda security operations in relation to the June 2004 US presidential visit during the US-EU Summit. [23128/04]
I am informed by the Garda authorities that it is not yet possible to provide a full and final cost of the Garda policing arrangements relating to the US presidential visit in June 2004, as a number of claims and suppliers' invoices remain outstanding.
219 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the reason the Government has adopted the policy of preventing spouses here on family reunification visas from working; and his views on whether this policy is unfair and should be reversed. [23129/04]
I presume the Deputy is referring to the provisions of section 18 of the Refugee Act 1996, which provides a transparent statutory framework for family reunification for refugees.
Under the aforementioned section, a refugee may apply for family members to join him or her in the State. If the application is approved family reunification visas are issued to the family members in question. Such family members are entitled, on arrival in the State, to work without obtaining work permits.
220 Ms Shortall asked the Minister for Justice, Equality and Law Reform the number of gardaí who are currently engaged solely in the collection of fines per Garda district. [23139/04]
I have been informed by the Garda authorities who are responsible for the detailed allocation of resources, including personnel, that the number of Garda personnel currently engaged solely in the collection of fines per Garda district is as set out as follows:
|
District |
Number |
|
Monaghan |
1 |
|
Sligo |
1 |
|
Letterkenny |
1 |
|
Naas |
1 |
|
Mullingar |
1 |
|
Portlaoise |
1 |
|
Anglesea Street |
6 |
|
Togher |
3 |
|
Mayfield |
4 |
|
Gurranabraher |
1 |
|
Bandon |
1 |
|
Henry Street |
2 |
|
Salthill |
1 |
|
Galway |
3 |
|
Ennis |
1 |
|
Santry |
3 |
|
Raheny |
1 |
|
Coolock |
2 |
|
Kevin Street |
3 |
|
Pearse Street |
1 |
|
Donnybrook |
2 |
|
Crumlin |
2 |
|
Tallaght |
3 |
|
Terenure |
2 |
|
Dunlaoghaire |
1 |
|
Blackrock |
2 |
|
Store Street |
1 |
|
Fitzgibbon Street |
2 |
|
Garda Fixed Penalty Officer |
8 |
221 Ms Shortall asked the Minister for Justice, Equality and Law Reform the number of persons prosecuted under the Intoxicating Liquor Acts for the offence of purchasing alcohol for minors; and the breakdown of this figure per Garda district. [23140/04]
I have made inquiries with the Garda authorities and the figures requested by the Deputy are as outlined in the table below. It should be noted that the figures are provisional and are, therefore, subject to change.
Prosecution under Intoxicating Liquor Act for the offence of purchase of intoxicating liquor for delivery to persons under 18 years.
|
Regions and Divisions |
Number of Prosecutions |
|
Eastern Region |
14 |
|
Carlow/Kildare |
4 |
|
Laois/Offaly |
4 |
|
Longford/Westmeath |
2 |
|
Louth/Meath |
4 |
|
Dublin Metropolitan Region |
14 |
|
Eastern |
3 |
|
North Central |
2 |
|
Northern |
1 |
|
South Central |
2 |
|
Southern |
6 |
|
Western |
0 |
|
Northern Region |
7 |
|
Cavan/Monaghan |
1 |
|
Donegal |
6 |
|
Sligo/Leitrim |
0 |
|
South Eastern Region |
8 |
|
Tipperary |
4 |
|
Waterford/Kilkenny |
2 |
|
Wexford/Wicklow |
2 |
|
Southern Region |
21 |
|
Cork City |
15 |
|
Cork North |
4 |
|
Cork West |
0 |
|
Kerry |
2 |
|
Limerick |
0 |
|
Western Region |
22 |
|
Clare |
4 |
|
Galway West |
5 |
|
Mayo |
9 |
|
Roscommon/Galway East |
4 |
|
State Total |
86 |
222 Ms Shortall asked the Minister for Justice, Equality and Law Reform his views and intentions in respect of introducing mandatory identity cards. [23141/04]
I have no plans at present to introduce a mandatory identity card system. My Department is, however, keeping the matter under review.
223 Ms Shortall asked the Minister for Justice, Equality and Law Reform further to his announcement in September 2004 that hundreds of additional gardaí will be deployed on traffic duties, the number he proposes to so redeploy; and the units from which these gardaí will be drawn. [23142/04]
I am informed by the Garda authorities which are responsible for the detailed allocation of resources, including personnel, that the personnel strength of the Garda Síochána, all ranks, as at 16 September 2004 was approximately 12,150. In April 2002, the Government agreed to increase the approved strength of the force by 200 to 12,200. Recruitment was carried out during 2003 with a view to bringing the strength of the force to 12,200 by 31 December 2004. I am confident, as is the Garda Commissioner, that this figure will be achieved.
The programme for Government stated that the Government would complete the previous programme of expansion of the Garda Síochána, which aimed at a strength of 12,000, and then increase the strength by a further 2,000. This commitment remains and I will be bringing proposals to Government in the near future with a view to increasing recruitment towards achieving the target of 14,000.
The allocation of Garda resources generally and for the enforcement of road traffic offences in particular is an operational matter for the Garda Commissioner. I am confident that any additional resources provided to the Commissioner will be used to optimum effect and in a focused way, as will the allocation of current resources.
The Government's road safety strategy 2004-06 which was launched last week forms the framework within which road safety policy will be developed over the coming years. Many of the targets and actions recommended in the strategy are already at various stages of implementation or planning, including the private operation of speed cameras and the outsourcing of the collection of fixed charge fines. Under the Road Traffic Bill 2004, which the Minister for Transport has published, these initiatives will be fully implemented and will facilitate the removal of members of the Garda Síochána from routine administrative duties and the redeployment of these resources for the purposes of front line policing and enforcement.
224 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the number of prisoners who participated in training courses during 2003 while incarcerated; the number of these who completed or failed to complete this training; the number of those beginning training in prison who continued it upon release; and the number of prisoners who obtained diplomas while incarcerated. [23152/04]
I am informed by the director general of the Irish Prison Service that records of prisoner participation in vocational training programmes are not maintained in such a way as to provide the information sought by the Deputy without the expenditure of significant staff time and involving considerable financial cost. However, I am also informed that the Irish Prison Service is developing a service-wide computerised vocational training programme database to record, on a prisoner by prisoner basis, participation in vocational training activity and achievement of recognised qualifications. This database will allow for ongoing monitoring of prisoners' progress and efficient production of management information. Once operational, it will allow for the production of information of the nature sought by the Deputy.
In prisons, the main emphasis of the work training programme is to provide employment-training opportunities for prisoners while ensuring a high quality of service delivery within the prison. The programme involves a range of training and work experience in areas such as catering and laundry, metal work, printing, computers, Braille, woodwork, drawing, construction, clothing manufacture, craft work, farming, horticulture, indexing, painting and decorating, upholstery, baking, and electronics. The range and quality of vocational training opportunities is under continuing review and is being enhanced with a view to the incorporation of more programmes leading to recognised qualifications. Accreditation of vocational training in prisons is provided by a range of agencies, including FETAC, FÁS, Fáilte Ireland, City and Guilds of London, engineering inspection services, ECDL and Dublin city libraries.
225 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the annual budget allocated for education and training in prisons in 2000, 2001, 2002 and 2003; and the Departments which provided these funds and the amounts provided. [23153/04]
The information sought in the question is set out in the following table. All of the provisions involved are included in the Irish Prison Service Vote.
|
Work Training (€) |
Manufacturing (€) |
Education (€) |
|
|
2000 |
1,364,000 |
823,000 |
833,000 |
|
2001 |
1,938,000 |
712,000 |
1,079,000 |
|
2002 |
1,531,000 |
543,000 |
1,360,000 |
|
2003 |
3,585,000 |
1,044,000 |
1,077,000 |
The information provided is exclusive of staff salary costs. A total of approximately 200 staff in prison service grades are engaged in the work training and manufacturing programme. Thesalaries of the 215 whole-time equivalentteachers allocated to the prisons are paid forfrom the Department of Education and Science Vote.
226 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the facilities which are provided for prisoners to receive testing for HIV, hepatitis C, STIs and other infectious diseases; and the number of prisoners who received testing in 2003. [23154/04]
For many years, prisoners have been provided with access to testing for various infectious diseases on a confidential basis. Testing may be requested by an individual prisoner or may be recommended by health care staff on the basis of pre-existing risk behaviour or other clinical indication. Testing may either be undertaken within prison or as part of a clinical assessment in external health locations.
At present, it is not possible to identify the precise number of prisoners who are facilitated with testing for one or more of these conditions. It is hoped the introduction of a computerised health care record system will facilitate the collation of data, on an anonymous basis, regarding the number of such tests.
227 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the most common diseases or illnesses affecting the prison population; and the health information or campaigns which are provided for prisoners in relation to these diseases or illnesses. [23155/04]
Research on prisoners' health status, which was commissioned by the Department of Justice, Equality, and Law Reform and carried out by the department of health promotion at NUI Galway, was published in 2000. Entitled General Healthcare Study of the Irish Prisoner Population, the study indicated that prisoners reported overall poorer levels of health compared to the general population. In particular, indicators of mental health were significantly worse among prisoners and prisoners showed higher levels of drug and alcohol abuse relative to the general population.
Within the health care resources available, steps are taken to provide prisoners with health care related information which would serve to assist them in following a healthier lifestyle. Any information in written form provided as part of public health awareness campaigns is generally made available to prisoners, either through health care sources or in prison libraries.
228 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the number of prisoners currently in detention; the number of these prisoners by gender; and the number of these prisoners who are foreign nationals. [23156/04]
As of yesterday, 29 September 2004, the number of prisoners in custody, including both sentenced and remand prisoners, was as follows:
|
Irish |
Non-National |
Total |
|
|
Male |
2,795 |
274 |
3,069 |
|
Female |
87 |
14 |
101 |
|
Total |
2,882 |
288 |
3,170 |
229 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if he intends to bring forward legislation regarding the education and training of adult prisoners; and if he will make a statement on the matter. [23157/04]
As part of the Irish Prison Service's commitment to encouraging prisoners in their efforts to live law abiding and purposeful lives after release, the service continues to place strong emphasis on the provision of education and vocational training for prisoners during their time in prison. The range of these services available across the different prisons and places of detention is substantial and varied and is provided by a multiplicity of statutory, community and voluntary agencies and groups working in partnership with the Irish Prison Service.
The existing statutory instruments establishing St. Patrick's Institution and the different places of detention specify a requirement that the inmates in these institutions shall be given, in so far as the period of their detention permits, training and treatment intended to encourage and assist them to lead law abiding and self-supporting lives. These provisions will be amplified by new provisions on education and vocational training which will be included in the proposed new prison rules currently at an advanced state of drafting, with a view to replacing the Rules for the Government of Prisons 1947.
I am unclear as to the precise significance of the Deputy's reference to my bringing forward new legislation in this area specifically in relation to adult prisoners but I assure him that the development of education and vocational training services in our prisons is not being impeded by the absence of any specific statutory provision.
230 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the status of the visa application by a person (details supplied) in County Meath made on behalf of the person’s spouse in February 2004; and when this person can expect a determination in this case. [23158/04]
The visa application in question was approved on 2 September 2004.
231 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform his views on the proposal to establish a reconciliation council to address long-standing and ongoing tensions between the settled and Traveller communities. [23159/04]
The proposal referred to by the Deputy is receiving consideration within the Department.
232 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if he will report on his action plan to reduce the waiting times to see a legal aid solicitor; and the steps he has taken or will take to ensure that the Legal Aid Board does not find itself in breach of Article 6.1 of the European Convention on Human Rights as a result of the failure of his Department to allocate adequate funding for this service. [23160/04]
I can inform the Deputy that the level of resources provided to the Legal Aid Board has increased significantly in recent years. For example, in 1997 the grant-in-aid available to the board was €10.656 million. The figure for 2004 represents an increase of almost 73% during this period and I would expect that the funding for the board will be further increased in 2005.
I can assure the Deputy that the Legal Aid Board continuously monitors the operation of its law centre network and where waiting times at a law centre, for whatever reason, become excessive, the position is examined by the board with a view to taking remedial action.
I can also inform the Deputy that the board operates a procedure whereby priority is accorded for certain categories of cases, for example, domestic violence, child care, child abduction and other cases where there are time limits. These cases are dealt with immediately and such applicants are not placed on a waiting list. Such a system for priority treatment is necessary to ensure that persons subjected to domestic violence and cases involving the care of children are provided with a speedy service. It is important to note that in 2003, priority appointments offered by law centres were approximately 22% of the total number of appointments offered to new clients during the year.
In addition, managing solicitors at law centres have authority to give priority to any case on the waiting list at their centre. For example, if an applicant is gravely ill or in cases where an applicant is in danger of losing assets or of losing title to a legal remedy if services are delayed, the managing solicitor can accord such cases priority status.
233 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the number of persons on legal aid waiting lists at each of the 30 law centres; the number of clients waiting in each category; and the waiting time for each law centre. [23161/04]
I can inform the Deputy that the Legal Aid Board does not routinely compile statistics under the heading "number of clients waiting by category". However, it does record the length of time the person longest on the waiting list has waited. The following table includes the length of time the person longest on the waiting list has waited for legal services as of 31 August 2004 by law centre.
|
Law centre |
Number of persons on waiting list as at 31/08/2004 |
Maximum current waiting time as at 31/08/2004 in months |
|
Athlone |
29 |
3.75 |
|
Castlebar |
90 |
4.25 |
|
Cavan |
26 |
3.75 |
|
Cork — Popes Quay |
140 |
6.00 |
|
Cork — South Mall |
330 |
14.00 |
|
Dublin — Blanchardstown |
121 |
12.00 |
|
Dublin — Clondalkin |
99 |
4.25 |
|
Dublin — Finglas |
123 |
13.50 |
|
Dublin — Gardiner St. |
113 |
7.00 |
|
Dublin — Brunswick St. |
47 |
4.25 |
|
Dublin — Ormond Quay |
88 |
3.50 |
|
Dublin — Tallaght |
134 |
5.00 |
|
Dundalk |
37 |
7.75 |
|
Ennis |
90 |
9.00 |
|
Galway |
209 |
5.75 |
|
Kilkenny |
98 |
7.50 |
|
Letterkenny |
113 |
6.25 |
|
Limerick |
31 |
4.00 |
|
Longford |
0 |
0.00 |
|
Monaghan |
22 |
3.50 |
|
Navan |
106 |
13.25 |
|
Nenagh |
35 |
7.25 |
|
Newbridge |
243 |
16.00 |
|
Portlaoise |
118 |
16.00 |
|
Sligo |
14 |
2.00 |
|
Tralee |
63 |
6.25 |
|
Tullamore |
40 |
1.75 |
|
Waterford |
94 |
4.25 |
|
Wexford |
93 |
6.00 |
|
Wicklow |
86 |
10.75 |
|
Total |
2,832 |
234 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform, further to Question No. 35 of 5 May 2004, the international evidence to which he or his Department officials have had their attention drawn and which shows that mandatory sentencing has effectively reduced gun crime or organised crime including drug dealing in other jurisdictions. [23162/04]
As I said in my reply of 5 May 2004 to the Deputy, I have asked for an examination of the range of penalties that should be applicable to firearms offences. I am sure that the Deputy and the House will agree that there needs to be stringent penalties for firearms related offences and I do not, at this stage, rule out the possibility that, where appropriate, mandatory penalties should be available to the courts for such offences.
In the course of the development of any such proposals, my Department will examine research and reports on similar measures in other jurisdictions such as the United Kingdom, Australia, Canada and the United States of America to inform its decisions.
235 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if the Government will consider offering asylum to a person (details supplied) in view of their ongoing prosecution by the Israeli Government since their release from prison after serving an 18 year sentence. [23163/04]
Any application of this nature would have to be dealt with within the present statutory framework governing asylum seekers and refugees, namely, the Refugee Act 1996 which, inter alia, is the legislative mechanism through which the State meets its obligations under the 1951 Geneva Convention relating to the status of refugees.
Section 8(1) of the 1996 Act imposes an obligation on the State to accept applications for a declaration of refugee status from persons who arrive at the frontiers of the State or persons who are at any time in the State. No provision is made for the acceptance of applications from persons outside the jurisdiction. The person concerned is currently resident in Israel.
Section 24 of the Refugee Act 1996, which deals with programme refugees, provides , inter alia, for the admission to the State of a person to whom leave to enter and remain for protection or resettlement, as part of a group of persons, has been given by the Government and whose name is entered in a register established and maintained by the Minister for Foreign Affairs. Such persons are usually admitted as part of Ireland’s annual programme refugee quota of up to ten cases, categorised as vulnerable persons, which are selected based on a submission from the Office of the United Nations High Commissioner for Refugees following an objective analysis of the status of the persons concerned by the UNHCR and the need for resettlement as a durable solution.
I refer the Deputy to the reply of the Minister for Foreign Affairs to Question No. 326 on 29 September 2004, in which he indicated that the Government will continue to monitor the position of the person referred to in the Deputy's question.
236 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the status of the national action plan against racism. [23164/04]
The national action plan is at an advanced stage of preparation in my Department for submission to Government for approval to publish.
237 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the status of the review of the hate crime legislation; if new legislation is planned; and if so, when it will be published. [23165/04]
The announcement of a review of the incitement to hatred legislation was made by my predecessor as Minister for Justice, Equality and Law Reform at a time when few if any successful prosecutions had been taken under the Prohibition of Incitement to Hatred Act 1989. One of the aims of the review was to ascertain whether problems with the Act itself were contributing to this lack of prosecutions and, if so, whether any reasonable changes to it could remedy that situation. Since the review was announced, a number of successful prosecutions have been taken under the 1989 Act and, where appropriate, under public order legislation or Coras Iompair Éireann by-laws. These trends are being monitored as part of the ongoing review and if maintained could have a significant influence on the outcome of the review and any subsequent proposals for legislation.
Two international instruments, the Protocol to the Council of Europe Convention on Cybercrime dealing with criminalising acts of a racist or xenophobic nature committed through computer networks and a European Commission proposal for a Council framework decision on combating racism and xenophobia, which has not yet been finalised, will also be considered to fully assess their implications in the context of the review.
238 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the number of Togolese asylum seekers and convention refugees in the State; the percentage of positive first instance decisions on Togolese refugee claims each year since 2000; the percentage of negative decisions in Togolese asylum cases that proceeded to appeal each year since 2000; the percentage of negative decisions in Togolese refugee claims overturned on appeal each year since 2000; the Government’s policy with respect to returning failed asylum seekers to Togo; and the country specific factors he takes into account when reviewing Togolese humanitarian and compassionate applications. [23166/04]
The numbers of asylum applications received from nationals of Togo over the past four years to date are as follows:
|
2000 |
2001 |
2002 |
2003 |
2004 (31/8) |
Total |
|
38 |
24 |
70 |
41 |
15 |
188 |
As at 31 August 2004 some 25 Togolese cases were pending recommendation/decision in the Office of the Refugee Applications Commissioner and 20 in the Refugee Appeals Tribunal. Fifty-eight Togolese asylum seekers have been granted refugee status since 2000.
The percentages of positive first instance decisions on Togolese refugee claims each year since 2000 are as follows:
|
2000 |
2001 |
2002 |
2003 |
2004 |
Total |
|
15% |
50% |
52% |
5% |
3% |
22% |
Please note that the recommendations above refer to the year in which the recommendation was made and not to the year the application was lodged, and calculations are based on cases processed.
Over the period 2000 to 2004, 125 applications were refused at first instance. During the same period 103 appeals were received in the Refugee Appeals Tribunal, RAT, which indicates that in the region of 82% of negative decisions proceeded to appeal stage.
The percentages of first instance decisions in respect of nationals of Togo overturned or set aside by RAT since 2000 are as follows:
|
2000 |
2001 |
2002 |
2003 |
2004 (31/8) |
Total |
|
0% |
50% |
50% |
28% |
16% |
26% |
Manifestly unfounded and Dublin Convention recommendations of the Office of the Refugee Applications Commissioner, ORAC, set aside by the tribunal, are remitted to ORAC for further consideration.
Deportation orders are executed in respect of nationals of Togo and the usual legislative provisions apply in respect of representations made prior to such orders being made, namely, the provisions dealing with refoulement contained in section 5 of the Refugee Act 1996 and the detailed criteria contained in section 3(6) of the Immigration Act 1999.
239 Mr. Connaughton asked the Minister for the Environment, Heritage and Local Government when the upgrade of the water supply to Loughrea town, County Galway, will take place; if this project will include the provision of a water pipeline to Kilrickle to supply the needs of over 100 houses which have had no proper water supply for over 25 years; and if he will make a statement on the matter. [23035/04]
The Loughrea regional water supply scheme is included in my Department's Water Services Investment Programme 2004-2006 as a scheme to commence construction in 2006.
My Department approved Galway County Council's proposal to update the preliminary report for the scheme in April 2003 and my Department is awaiting the submission of the updated report. I understand that the provision of a water supply for Kilrickle is being considered by the council as part of the review process.
240 Mr. Stagg asked the Minister for the Environment, Heritage and Local Government, further to Question No. 388 of 6 April 2004, if additional funding will be made available to Kildare County Council to carry out upgrading of local roads in the Straffan area in addition to the direct links between the M4 and the N7; and if he will make a statement on the matter. [23037/04]
Funding for improvements to non-national roads in the Straffan area in County Kildare will be considered in the context of the overall 2005 allocations, which will be announced early next year.
241 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. [23049/04]
The Milltown sewerage scheme is included in my Department's Water Services Investment Programme 2004-2006 as a scheme to commence construction in 2005. My Department approved the preliminary report for the scheme in January 2004. A brief for the appointment of a clients' representative to prepare tender documents for this and a number of other schemes in the county was submitted to my Department by Galway County Council last month. The brief is under examination in the Department and will be dealt with as quickly as possible.
242 Mr. McGuinness asked the Minister for the Environment, Heritage and Local Government if applications from Kilkenny County Council and Kilkenny Borough Council under the central heating programme 2004 have been approved; if so, the level of grant being made available; if the €12 million has been allocated; and if so, the amount allocated to each local authority. [23053/04]
I refer to the reply to Questions Nos. 1208 and 1247 of 29 September 2004 which sets out the position in relation to approvals issued to date, including amounts allocated to Kilkenny County Council and Kilkenny Borough Council under my Department's 2004 central heating programme for local authority rented dwellings. Total allocations issued to date amount to €7.652 million.
243 Ms O. Mitchell asked the Minister for the Environment, Heritage and Local Government the number of employees in each county and city council for the month of June for 2002 to 2004 inclusive. [23070/04]
Complete figures are not available for 2002. The number of employees, expressed in whole time equivalents, in each local authority on a county and city council basis, for June 2003 and June 2004, are as follows:
|
June 2003 |
June 2004 |
|
|
County Council |
||
|
Carlow |
330 |
327 |
|
Cavan |
447.1 |
446.1 |
|
Clare |
962.5 |
964.5 |
|
Cork |
2,555.7 |
2,502.7 |
|
Donegal |
1,155.5 |
1,130.5 |
|
Dún Laoghaire/ Rathdown |
1,466 |
1,446 |
|
Fingal |
1,612 |
1,574.5 |
|
Galway |
999.93 |
1,028.98 |
|
Kerry |
1,278.9 |
1,219.16 |
|
Kildare |
953.83 |
1,030 |
|
Kilkenny |
519 |
601 |
|
Laois |
405.5 |
420 |
|
Leitrim |
318.5 |
344.5 |
|
Limerick |
832 |
791 |
|
Longford |
311.1 |
346.1 |
|
Louth |
724.31 |
690.67 |
|
Mayo |
1,196.5 |
1,203.5 |
|
Meath |
718.5 |
757.5 |
|
Monaghan |
414.43 |
435.93 |
|
Offaly |
474.5 |
483.4 |
|
Roscommon |
585 |
562 |
|
Sligo |
558.69 |
551.66 |
|
South Dublin |
1,390 |
1,367.4 |
|
North Tipperary |
474 |
535 |
|
South Tipperary |
722 |
704.5 |
|
Waterford |
589 |
594 |
|
Westmeath |
578.5 |
562.5 |
|
Wexford |
816.02 |
847 |
|
Wicklow |
799.08 |
834.48 |
|
County Total |
24,188.09 |
24,321.58 |
|
City Councils |
||
|
Cork |
1,606 |
1,591 |
|
Dublin |
6,772.5 |
6,759.2 |
|
Galway |
494 |
480 |
|
Limerick |
673 |
594 |
|
Waterford |
405 |
433 |
|
City Total |
9,950.5 |
9,857.8 |
|
Overall Total* |
34,138.59 |
34,179.38 |
*Includes short-term/seasonal workers.
244 Mr. Durkan asked the Minister for the Environment, Heritage and Local Government his Department’s policy in respect of landfill sites; and if he will make a statement on the matter. [23077/04]
Government policy on waste management is set out in the policy documents Changing our Ways 1998, Preventing and Recycling Waste: Delivering Change 2002 and Taking Stock and Moving Forward 2004. The Government's approach is based on the internationally recognised waste management hierarchy of prevention/minimisation, significantly increased levels of recycling, energy recovery and, finally, utilising landfill as the last resort for residual waste that cannot otherwise be recovered.
Local authorities have adopted waste management plans which, informed by the performance targets set out in these policy statements, call for the provision of modern integrated waste management services and infrastructure. A decision on the development of a landfill facility is a matter for the relevant planning authority and for the EPA in the context of applications for planning permission and for a waste licence, respectively. The Minister for the Environment, Heritage and Local Government is precluded under both legal codes from exercising any direct control in relation to these processes.
245 Mr. Durkan asked the Minister for the Environment, Heritage and Local Government the further expenditure he intends to undertake in respect of electronic voting; the total moneys expended to date in this regard; and if he will make a statement on the matter. [23078/04]
The cost to date of the electronic voting and counting project is some €51 million. It is not possible at this stage to detail additional costs that may arise in relation to the electronic system; in any event, such costs are likely to be small relative to the capital investment already made.
246 Mr. Durkan asked the Minister for the Environment, Heritage and Local Government the number of national monuments or sites currently under archaeological investigation or in the course of excavation; and if he will make a statement on the matter. [23079/04]
Under section 26 of the National Monuments Act 1930, as amended, my Department is responsible for licensing archaeological investigations and excavations. Since 1930 in excess of 11,000 licences have been issued. For the current year approximately 1,400 have issued to date.
The National Monuments (Amendment) Act 2004 provides that any works of an archaeological nature that are carried out in respect of an approved road development, must be carried out in accordance with directions issued by the Minister for the Environment, Heritage and Local Government. Under section 14A of the National Monuments Act 1930, as amended, two such directions have been issued to date.
247 Mr. Durkan asked the Minister for the Environment, Heritage and Local Government the number of families accommodated to date since the initiation of the affordable housing initiative; and if he will make a statement on the matter. [23080/04]
The Sustaining Progress affordable housing initiative is designed to meet the needs of persons currently priced out of the housing market. Affordable housing units will be delivered by way of specific projects on State and local authority lands and through Part V of the Planning and Development Acts 2000 and 2002. From the announcement of the Initiative to end June 2004, a total of 163 affordable units have been provided through Part V.
248 Mr. Durkan asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the recent concerns expressed in respect of over pricing in the housing market; if he proposes to take steps to address the issues raised; and if he will make a statement on the matter. [23081/04]
I am aware of recent concerns expressed in relation to the housing market, including comments by the IMF. These were among a range of views in recent commentaries on the prospects for the housing market. The recent financial stability report from the Central Bank also examined the issue of house prices in Ireland and noted that an alternative approach to valuation, which incorporates the demand for housing both in terms of the service it supplies, and as an investment, does not provide evidence of overvaluation.
The Government will continue to focus on measures to maintain an adequate level of housing supply in keeping with demand and ensuring that the demand for housing is met in a sustainable manner. I expect that further moderation in the rate of house price increase will ensure that the housing market continues to develop in a balanced way.
249 Mr. Durkan asked the Minister for the Environment, Heritage and Local Government the plans he has to avoid the repetition of procrastinated discussions, debate and legal action with serious financial consequences in the context of road or other modern development works that appear to impinge on historic sites or monuments; if he has given any instructions to the relevant authorities on the issue; and if he will make a statement on the matter. [23082/04]
250 Mr. Durkan asked the Minister for the Environment, Heritage and Local Government the extent to which he proposes to take steps to prevent the destruction of national monuments, sites or buildings in the course of road or other building requirements, having due regard for the economic need and the potential to re-route such developments away from sensitive areas; and if he will make a statement on the matter. [23083/04]
I propose to take Questions Nos. 249 and 250 together.
Under the planning, roads and other consent systems, major development projects are subject to environmental impact assessment in accordance with the requirement of EU Directive 85/377/EEC, as amended. This requires, inter alia, the preparation, by the proposer, of an environmental impact statement setting out details of the project and the likely significant effects of the development on the environment, including the cultural heritage. The EIA process allows for adverse effects to be identified at an early stage and necessary changes made by the proposer so that such effects can be avoided or minimised. The environmental impact statement must be taken into account by the consent authority in making its decision on the proposed project.
The National Monuments (Amendment) Act 2004 which was enacted in July introduces, inter alia, new arrangements to simplify procedures under the National Monuments Acts as regards approved road developments; and to cater for a situation where a national monument is newly discovered which may not have been anticipated in the EIS. All development works must be carried out in accordance with the National Monuments Acts 1930 to 2004 which provide for the safeguarding of monuments and archaeological sites. My Department’s framework and principles for the protection of the archaeological heritage address the protection of the archaeological heritage in the context of development: while development should attempt, where possible, to avoid impacts on the archaeological heritage and through preservation in-situ, nonetheless preservation by record, through archaeological excavation and recording, may also be acceptable. The Department is consulted on all development applications affecting the archaeological heritage, which number some 9,000 per annum. This consultation process allows for inputs to ensure that archaeological considerations are taken into account as part of the approval process.
My Department is also actively engaged with the development sector to ensure that archaeological considerations are taken into account at the earliest stage in project design. Codes of practice for the protection of the archaeological heritage are already in place with a number of development bodies including the National Roads Authority, Coillte, the ESB National Grid, Bord Gáis and the Irish Concrete Federation. A Bill to consolidate the national monuments code is currently in preparation and in this context consideration will be given to what further changes might be made to improve current systems and procedures. All of these initiatives are aimed at improving the balance between conservation and development in an open and transparent way whilst endeavouring to smooth the approvals processes and I am satisfied that progress has been made in this regard in recent years. Nevertheless, as the Deputy will appreciate, notwithstanding the various checks and balances that are in place, situations will inevitably arise where some parties may seek to have their grievances addressed by way of legal action.
251 Mr. Durkan asked the Minister for the Environment, Heritage and Local Government the extent to which he has examined areas of substandard housing throughout the country; if he has plans or proposals to address the issue; and if he will make a statement on the matter. [23084/04]
My Department published the Irish National Survey of Housing Quality 2001-2002 on 11 December, 2003. The survey provides an assessment of the current condition of the national housing stock based on a survey of a representative sample of 40,000 householders and assesses progress since the last survey was undertaken in 1990. The large sample provides an overview of the housing situation with regard to housing quality at a national level and allows for the provision of statistics at county level.
The survey is representative of all tenures; privately owned, privately rented, local authority, renting in the voluntary and co-operative sector and rent-free and covers various types of accommodation such as houses, apartments etc. The report examines a broad range of housing issues, of which the main ones are quality of dwelling, dwelling size and rooms available, the level of satisfaction of the householder with the dwelling, services and utilities, affordability and energy efficiency. The survey results show that the vast majority of households surveyed are satisfied with the general condition of their accommodation, with their area and neighbourhood and with running costs. A copy of the survey is available in the Oireachtas Library.
There are a number of options currently available to assist lower income households to secure necessary improvement works to their houses. These include the local authority house improvement loan scheme, the disabled persons and essential repairs grant scheme, improvement works in lieu of local authority housing and the task force on special housing aid for the elderly.
As regards local authority housing, my Department financially assists local authorities in upgrading, renovating and redeveloping their housing stock through the remedial works and the regeneration programmes. A provision of €168 million is available in the current year to local authorities for the regeneration and redevelopment of run down estates.
252 Mr. Durkan asked the Minister for the Environment, Heritage and Local Government the number of persons on waiting lists in respect of the disabled person’s grant scheme throughout the country; the action he proposes to take to address this serious issue; and if he will make a statement on the matter. [23085/04]
Provisional information available to my Department indicates that, at 30 June 2004, local authorities had on hands 3,583 approved applications for assistance under the disabled person's grant scheme. Unapproved applications were estimated at 7,810.
To date, €71 million has been provided in 2004 for disabled persons-essential repairs grants, bringing funding to a total of €287 million since year 2000.
254 Mr. Boyle asked the Minister for the Environment, Heritage and Local Government the role his Department plays in monitoring the quality of performance of builders and building companies in the area of house repairs and renovations. [23132/04]
My Department has no function in monitoring the performance of builders or building companies in repairing or renovating houses.
It is open to persons commissioning such works to retain a building professional, for example, architect, engineer, etc., to advise them on the appointment of a competent contractor, supervise the relevant construction works and certify satisfactory execution of works prior to payment of moneys to the relevant contractor.
255 Aengus Ó Snodaigh asked the Minister for the Environment, Heritage and Local Government if there have been discussions between officials of his Department and the health boards and local authorities regarding the need to provide appropriate housing in the community which can address the accommodation needs of persons with schizophrenia and their carers; and if he will make a statement on the matter. [23147/04]
I assume that the question refers to accommodation that may be provided under the voluntary housing capital assistance scheme or arrangements made by the relevant health board.
The administration of the voluntary housing scheme and the certification that particular projects comply with the terms of the scheme are the responsibility of local authorities. However, any proposals which would meet the needs of the individuals concerned regarding such accommodation and application for funding should be submitted for consideration to the appropriate local authority.
256 Mr. Gregory asked the Minister for Community, Rural and Gaeltacht Affairs if he will report on decisions which emanate from other Departments which affect rural communities. [23074/04]
As the Deputy may be aware, the Cabinet handbook requires Departments to ensure that all memoranda for the Government containing any significant policy proposals or other measures, including legislation, should indicate the impact, if any, of the proposals on rural communities, that is, on the physical, economic and social conditions of people living in the open countryside, in coastal areas, towns and villages and in smaller urban centres outside of the five major urban areas. Accordingly, each Minister is required to ensure that the rural development dimension of every major proposal is appropriately addressed.
The circulation of draft memoranda for Government to Departments prior to their finalisation also enables me through my Department to have input to the development of proposals likely to affect rural communities.
As Minister for Community, Rural and Gaeltacht Affairs, I am afforded input to Government decisions on such matters in the context of Cabinet discussions.
257 Mr. Durkan asked the Minister for Community, Rural and Gaeltacht Affairs the areas and headings in respect of which he and or his Department intend to spend moneys in the course of the remainder of the current year; and if he will make a statement on the matter. [23087/04]
As the Deputy will be aware, details of Departments' expenditure allocations for the current year are set out in the Revised Estimates Volume 2004 which was published earlier in the year. A gross total of €298 million has been allocated to the Department of Community, Rural and Gaeltacht Affairs, across four programme expenditure areas, broadly as follows: Administration, € 17 million; An Ghaeilge agus an Gaeltacht, € 85 million; Community Affairs, €133 million; Rural Affairs, € 63 million.
Expenditure within these programme areas, which totalled €174.7 million at 24 September 2004, takes place across a wide range of schemes and projects, descriptions of which are available on the Department's website at www.pobail.ie.
I am confident that my Department will continue to ensure delivery of our objectives under An Agreed Programme for Government and that expenditure for the year will be in line with the allocated amount.
Meanwhile, it is the practice of both my colleague, the Minister of State, Deputy Noel Ahern, and myself, to make details of all announcements relating to grant approvals and other expenditure related decisions under these programmes, available on the Department's website.
258 Mr. Durkan asked the Minister for Community, Rural and Gaeltacht Affairs if he has satisfied himself that his expressed concerns in respect of once off rural housing to meet the needs of the indigenous population have been adequately addressed to date; and if he will make a statement on the matter. [23088/04]
As I have indicated previously, my Department is committed to maintaining the maximum number of people in rural areas and to strengthening rural communities economically, socially and culturally.
The national spatial strategy addresses many of my concerns in relation to such issues as rural housing. The rural settlement policy framework contained in the NSS, which represents overall Government policy on rural housing, aims to sustain and renew established rural communities, while strengthening the structure of villages and smaller settlements to support local economies. In this way it seeks ensure the key assets in rural areas are protected to support quality of life and that rural settlement policies are responsive to the differing local circumstances in different areas.
My colleague, the Minister for the Environment, Heritage and Local Government, agrees that it is vitally important that there is certainty and consistency in the implementation by planning authorities of Government policy in relation to rural housing through their own development plans and in the operation of the development control system under planning legislation.
As the Deputy is aware, on 4 March last, the Minister for the Environment, Heritage and Local Government, published the consultation draft of guidelines for planning authorities on sustainable rural housing. These draft guidelines are vitally important in order that there is clarity and consistency in the implementation by planning authorities of Government policy in relation to rural housing. They provide a more detailed framework for planners, based on what the national spatial strategy has to say on rural housing policy. The guidelines reflect what I have been saying for the past number of years.
As I said in my statement at the time welcoming the publication of the draft guidelines, what is needed is rural housing within the confines of good planning practice.
I understand that the consultation process has been concluded and that the Minister for the Environment, Heritage and Local Government expects to publish the definitive guidelines later in the year.
259 Mr. Gregory asked the Minister for Social and Family Affairs if he will review an appeal decision against a person (details supplied) in Dublin 3; and if he will make a statement on the matter. [23018/04]
The supplementary welfare allowance scheme, which is administered on behalf of my Department by the health boards, provides for exceptional needs payments to help meet essential, once-off expenditure which a person could not reasonably be expected to meet out of his or her weekly income.
The Northern Area Health Board was contacted regarding this case and has advised that the person concerned applied for assistance in respect of a rent deposit. His application was refused on the ground that in the opinion of the board the circumstances of the case did not warrant the issuing of an exceptional needs payment. The board has further advised that the person concerned was unsuccessful in his appeal against this decision.
The determination of entitlement to exceptional needs payments is a matter for the health board and neither I nor my Department has any function in deciding entitlement in individual cases.
260 Mr. Durkan asked the Minister for Social and Family Affairs the position in regard to carer’s allowance application in the name of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [23094/04]
The person concerned applied for carer's allowance on 11 August 2004. The principal conditions for receipt of the allowance are that full-time care and attention is required and being provided and that the means test that applies is satisfied.
The full-time care and attention condition for receipt of the allowance is satisfied and the case was referred to an investigative officer for a means assessment. Her entitlement to carer's allowance will be further considered in light of the investigative officer's report and she will be notified directly of the outcome.
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.
261 Mr. Durkan asked the Minister for Social and Family Affairs if and when rent allowance will be restored in the case of a person (details supplied) in County Kildare who was previously awarded rent support; and if he will make a statement on the matter. [23095/04]
Subject to certain conditions the supplementary welfare allowance scheme, which is administered on behalf of my Department by the health boards, provides for the payment of rent supplement. With effect from 1 May 2004 new applications for rent supplement are subject to a habitual residence condition.
The Midland Health Board was contacted regarding this case and has advised that the person concerned applied for rent supplement in July 2004 following a change of accommodation.
Her application was refused on the ground that she is not deemed to be habitually resident in the State. She applied for asylum and was offered accommodation in a direct provision centre but refused. The board has further advised that she appealed against the decision on her rent supplement application to the health board appeals officer. Her appeal was unsuccessful and she has now appealed to the social welfare appeals office. As the Deputy will appreciate I have no function in the appeals process.
