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Dáil Éireann debate -
Thursday, 7 Oct 2004

Vol. 589 No. 5

Written Answers.

The following are questions tabled by Members for written response and the ministerial replies received from the Departments [unrevised].
Questions Nos. 1 to 11, inclusive, answered orally.

Tribunals of Inquiry.

Róisín Shortall

Question:

12 Ms Shortall asked the Minister for Enterprise, Trade and Employment the costs incurred by the State, at the latest date for which figures are available, arising from the various inquiries instigated by or on behalf of his Department; the element of these that costs have been recovered from any of the other parties involved; and if he will make a statement on the matter. [23680/04]

Jack Wall

Question:

14 Mr. Wall asked the Minister for Enterprise, Trade and Employment the position in regard to each of the inquiries being carried out by or on behalf of his Department; the projected date for the conclusion of each such investigation; the inquiries in respect of which reports have been referred to the DPP; and if he will make a statement on the matter. [23679/04]

I propose to take Questions Nos. Nos. 12 and 14 together.

Sixteen investigations into company law matters were initiated by my predecessor since this Government first came into office. In three cases, the High Court appointed, on an application by the Minister, inspectors under section 8 of the Companies Act 1990. The inspectors appointed to Ansbacher (Cayman) Limited presented their report to the High Court on 10 June 2002. The report was subsequently published. The report has been passed to the Director of Public Prosecutions. The inspectors appointed to National Irish Bank Limited and National Irish Bank Financial Services Limited, presented their report to the High Court on 12 July 2004. The report was subsequently published. The court ordered that a copy of the report be sent to several relevant authorities, including the Director of Public Prosecutions.

One investigation under section 14 of the Companies Act 1990 was completed in 1998. The report on this has been passed to the Director of Public Prosecutions.

Eleven investigations were initiated by the Minister under section 19 of the Companies Act 1990. Six of these have been concluded. Of the six investigations completed, two of the reports were passed to the Director of Public Prosecutions. A number of summary prosecutions have since been successfully concluded in one case. One report provided an input into the successful application to the High Court for the appointment of inspectors under section 8 while the fourth report was passed to the relevant High Court inspectors. One report was completed in September 2002 and a further report was completed in March 2003. Both reports have been referred to the Director of Corporate Enforcement.

Three investigations under section 19 remain to be concluded. The authorised officer has been directed by my predecessor to cease investigative work and to commence writing up his reports with a view to facilitating appropriate follow-up action as soon as possible by the relevant authorities. My Department is currently in discussion with the authorised officer regarding an updated timetable for the completion of these investigations.

Two investigations were held up in legal appeals. These inquiries are now the responsibility of the Director of Corporate Enforcement.

One investigation was undertaken under section 59 of the Insurance Act 1989. The report on this was referred to the Director of Public Prosecutions as well as to the inspectors who undertook the section 8 investigation into that company.

The costs incurred since 1997 on company investigations initiated by or on behalf of my Department currently amount to approximately €10.7 million. This amount does not include the salary costs of Civil Service staff working on a number of these investigations or the legal costs which are primarily being borne by the Vote of the Chief State Solicitor's office. Most of this €10.7 million derives from the costs of the High Court inspectors appointed under section 8; €5.7 million in the case of National Irish Bank Limited/National Irish Bank Financial Services Limited and €3.5 million in the case of Ansbacher (Cayman) Limited.

The question of recovering costs from the section 8 investigations does not arise until such time as the inspectors complete their investigations. In the case of the Ansbacher inquiry, the High Court proceedings taken by the State to recover the costs of the inquiry were settled out of court for the sum of €1.25 million in favour of the State. In the case of National Irish Bank Limited/National Irish Bank Financial Services Limited, the court ordered that National Irish Bank pay the full costs of the investigation. Section 19 as originally enacted did not provide for the recoupment of costs. This has now changed with the enactment of the Company Law Enforcement Act 2001.

Export Licensing System.

Michael D. Higgins

Question:

13 Mr. M. Higgins asked the Minister for Enterprise, Trade and Employment his views on the report of the independent review of Ireland’s export licensing system, in regard to military and dual use goods; if he intends to act on the recommendations of the report; and if he will make a statement on the matter. [23654/04]

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, including: introduction of new primary legislation to govern Irish military exports, and filling a number of gaps in the Irish regime; 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 Customs; better use of new technology including introduction of web based export licence applications; greater preventative enforcement through information provision to all actual and potential exporters about the requirements of export licenses, particularly in the case of dual-use goods where exporters might be unaware of their obligations; ensuring that relevant exporters have good in-company compliance procedures rather than detailed item auditing by the authorities; and publication of a annual report on export licensing activity, 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 are being addressed within the framework of an inter-agency group, chaired by Forfás, involving the Departments of Enterprise Trade and Employment, Foreign Affairs, Environment, Heritage and Local Government and Defence, Justice, Equality and Law Reform together with the Revenue Commissioners.

Question No. 14 answered with QuestionNo. 12.

Youth Employment Protection.

Paul Nicholas Gogarty

Question:

15 Mr. Gogarty asked the Minister for Enterprise, Trade and Employment his views on IBEC’s recommendation to members of the employers body (details supplied); if he is satisfied with the level of implementation and enforcement of the Protection of Young Persons (Employment) Act 1996 and with the level of evaluation that measures the effectiveness of that legislation. [23599/04]

The Protection of Young Persons (Employment) Act 1996 came into operation on 2 January 1997. The Act is designed to protect the health of young workers and to ensure that work during the school years does not put a young person's education at risk. It sets minimum age limits for the employment of children, that is, persons under the age of 16, and young persons, that is, 16 and 17 year olds. It also sets rest intervals and maximum working hours, and prohibits the employment of those under the age of 18 on late night work. Employers must keep specified records of their workers who are under the age of 18.

The ESRI study, to which Deputy Gogarty refers and which I have not yet seen, on part-time employment among second level students will, I gather, be published shortly and is primarily a matter for my colleague, the Minister for Education and Science. I understand that the study has examined the extent of student employment, the objective and subjective characteristics of young workers and those who do not work, the nature of the jobs in which students engage and the effects of that employment on a range of academic and social outcomes. I am advised by the Department of Education and Science that the study will contain a number of important findings regarding the beneficial, and not so beneficial, effects on students of part-time employment. As soon as the study is published my Department will give careful consideration to its findings. It will also be necessary to examine the interactions between the labour inspectorate and the National Educational Welfare Board — established under the Education (Welfare) Act 2000 — so as to align responsibilities and effort to the educational attainment and benefit of young people. The study will also inform an ongoing review of the role and function of the labour inspectorate arising from Sustaining Progress — Part 2.

I welcome IBEC's recommendation to its members in the circumstances. It stands to reason that while working can be of benefit to young people, it should not have a detrimental effect on their studies.

One of the objectives of paragraph 2.8 of Sustaining Progress, the Social Partnership Agreement 2003 to 2005, which is concerned with tackling educational disadvantage, is to evaluate compliance with the Protection of Young Persons (Employment) Act. As part of that commitment, the labour inspectorate of my Department liaises with the Department of Education and Science in this regard.

The labour inspectorate of my Department has responsibility for the enforcement of the Protection of Young Persons (Employment) Act. In the years 2001, 2002 and 2003 inspectors undertook 1,062, 1,453 and 1,595 inspections, respectively, arising from which prosecutions were instituted and obtained in a total of 41 cases in the District Court against employers for non-compliance with the Act. To date in 2004, eight convictions have been obtained under the Act. It should be noted that the enforcement of the Protection of Young Persons (Employment) Act 1996 requires out-of-normal-hours inspection activity in relation to young people in employment. In this connection, the out-of-normal-hours inspections included in the above inspections are 294 inspections in 2001, 594 in 2002 and 594 in 2003. Up to 30 September this year, the inspectors have completed 766 inspections of which 377 were conducted out-of-normal-hours. This level of activity will increase with the recruitment of four additional inspectors as agreed in Sustaining Progress — Part 2.

While, to date, all reasonable measures have been taken by the labour inspectorate to enforce the 1996 Act with a view to safeguarding the rights/protections of young persons, I am nonetheless keen that all avenues open to my officials to improve and strengthen the enforcement function are availed of. In this connection, I should say that as the new school year gets under way, we have planned to undertake a short intensified and targeted campaign of enforcement involving all inspectors before the end of October 2004.

Semi-State Bodies.

Breeda Moynihan-Cronin

Question:

16 Ms B. Moynihan-Cronin asked the Minister for Enterprise, Trade and Employment the position with regard to the operation of the Personal Injuries Assessment Board; the number of staff recruited to date; the number of claims received to date by the board; and if he will make a statement on the matter. [23665/04]

The Personal Injuries Assessment Board was established by ministerial order on 13 April 2004. From 1 June 2004 all personal injury claims arising from workplace accidents, where an employee is seeking compensation from his or her employer, must be referred to the Personal Injuries Assessment Board before legal proceedings are issued. From 22 July 2004 all motor liability and public liability claims must also be referred to the Personal Injuries Assessment Board before legal proceedings are issued.

The structure and staffing levels of the PIAB have been agreed. The PIAB, when fully operational, will have a staffing complement of up to 85 in addition to the CEO. The PIAB is also utilising an out-sourced service centre to assist injured parties in completion of its claim submissions and to ensure a comprehensive, fair and independent service is provided.

The recruitment of staff is an operational matter for which the CEO of the Personal Injuries Assessment Board has responsibility. However, I understand a significant recruitment campaign is still under way and the majority of key management and assessor positions have been filled.

While matters relating to the claims received by PIAB is also an operational matter for which the CEO has responsibility, I understand that to date 5,404 telephone calls have been received, 369,000 website hits have been recorded and a total of 873 applications for assessment have been made, broken down as follows: 420 employer liability applications, 225 public liability applications; and 228 motor accident applications.

The establishment of the PIAB will lead to reduced insurance premia to the benefit of consumers and businesses alike. By eliminating the need for litigation costs where legal issues are not in dispute, the PIAB will significantly reduce the cost of delivering compensation. The PIAB will also offer speedier assessments to the benefit of claimants.

Public Safety.

Seymour Crawford

Question:

17 Mr. Crawford asked the Minister for Enterprise, Trade and Employment when he will give effect to the recommendations of the review group on public safety and establish an agency with responsibility for public safety; and if he will make a statement on the matter. [23618/04]

One of the recommendations contained in the report on public safety in Ireland, which was published in 2000, was that an Office of Public Safety Regulation should be considered. While that office would not be responsible for public safety issues, it was envisaged that it would have some form of overseeing role of all the agencies and bodies involved. It should be noted that the group was not in full agreement on this recommendation due to issues relating to duplication of existing services and additional costs. Some members of the review group expressed reservations about the need for such an office and the extra burden on State finances.

The review group's recommendation was quite clearly inconclusive and a clear-cut case has not been made for the establishment of a new agency. Another State agency, whose function is merely to oversee other agencies on public safety matters, is not the right way forward.

Question No. 18 answered with QuestionNo. 10.

Economic Competitiveness.

Paul McGrath

Question:

19 Mr. P. McGrath asked the Minister for Enterprise, Trade and Employment his views on the latest report from the National Competitiveness Council (details supplied); the measures he intends to implement to combat this erosion in competitiveness; and if he will make a statement on the matter. [23628/04]

Kathleen Lynch

Question:

48 Ms Lynch asked the Minister for Enterprise, Trade and Employment if his attention has been drawn to the recent report from the National Competitiveness Council which found that escalating business costs and consumer prices were putting Ireland’s economic success at risk; the action his Department intends to take arising from the report; if it is intended to act on the report’s recommendation that large increases in excise duties and VAT should be avoided in budget 2005; and if he will make a statement on the matter. [23669/04]

Ciarán Cuffe

Question:

69 Mr. Cuffe asked the Minister for Enterprise, Trade and Employment his views on a study (details supplied) by the National Competitiveness Council which concluded that the Irish pay more for food and rent than consumers in any other euro zone country; the effect of this on wage demands and competitiveness; and if he will make a statement on the matter. [23596/04]

I propose to take Questions Nos. 19, 48 and 69 together.

The National Competitiveness Council, NCC, Statement on Prices and Costs 2004 highlights the key areas that contribute to Ireland's cost base and which affect our competitiveness. The NCC statement found that Ireland is an expensive location for many goods and services and is no longer a low cost economy. In addition to this statement, each year the NCC undertakes a comprehensive benchmarking exercise comparing Ireland's performance across a wide range of indicators against 15 other countries. This benchmarking exercise provides the statistical analysis for the NCC's Annual Competitiveness Report, which is published each year in conjunction with the council's report on the key competitiveness issues facing the Irish economy in the forthcoming year. This report is entitled the Competitiveness Challenge.

These reports will be published later this month and will contain detailed recommendations designed to address weaknesses in Ireland's competitiveness performance across a range of areas including cost. I look forward to receiving these reports and to addressing the issues to sustain Ireland's competitiveness. The recommendations will require attention across a range of Departments and will be considered by an interdepartmental group set up to take the issues forward.

Air Cargo Services.

Brendan Howlin

Question:

20 Mr. Howlin asked the Minister for Enterprise, Trade and Employment if his attention has been drawn to the concerns expressed by the Irish Exporters Association regarding the implications of the decision by Aer Lingus to end most of its cargo services; if his Department has done an assessment of the implications of the decision for firms exporting; if he intends to raise the matter with Aer Lingus or take other steps to ensure that air cargo services remain available to exporters; and if he will make a statement on the matter. [23639/04]

I am aware of the concerns expressed by the Irish Exporters Association about the decision by Aer Lingus to discontinue the majority of its short-haul cargo services. However, the Irish Exporters Association has not formally raised the issue with me or with my Department. The decision by Aer Lingus was a commercial and operational one and, therefore, was outside the scope of political intervention or interference. It was taken in the context of implementing its business development plan.

Both as a trading country and as an island, having reliable freight links is crucial. I understand that other airlines operating here have the capacity to deal with the demand resulting from the decision by Aer Lingus.

However, with an eye to our longer-term economic development, the maintenance of adequate air cargo services is of considerable importance. In that context, I intend to ask the National Competitiveness Council for its views on this issue so as to ensure that any competitiveness implications can be addressed.

Bullying in the Workplace.

Emmet Stagg

Question:

21 Mr. Stagg asked the Minister for Enterprise, Trade and Employment the terms of reference of the recently established expert advisory group on bullying and the resulting stress in the workplace; when it is expected that the group will report; and if he will make a statement on the matter. [23682/04]

The terms of reference of the expert advisory group on bullying and the resulting stress in the workplace is to advise and report on: the effectiveness of measures relating to the prevention of workplace bullying; the identification of improvements in procedures; and how to address the contribution made by bullying to the incidence of workplace stress and its impact on health. I expect that the group will report within about three months of its first meeting which was held on 16 September.

County Enterprise Boards.

Denis Naughten

Question:

22 Mr. Naughten asked the Minister for Enterprise, Trade and Employment the plans he has to review the eligibility criteria for funding from county enterprise boards; and if he will make a statement on the matter. [23461/04]

Within the past 12 months my Department, through Forfás, commissioned a review of the role and functions of the CEBs in the development of micro-enterprises. Fitzpatricks Associates conducted this review and it involved consultations with all relevant interested parties. The review represents the most comprehensive examination of the role and functions of the CEBs since their inception over ten years ago. The review was considered appropriate against the background of the major economic changes that have taken place in Ireland over that period.

The review largely endorsed the activities and operations of the CEBs. It concluded that there is justification for continued State support to micro-enterprises and that the CEB network can continue to play a useful role in the overall national enterprise development policy. The review recommended that, in providing assistance to micro-enterprises, CEBs should focus more on economic, rather than social or local development, objectives; that there should be a renewed focus on the core enterprise mission; that the issues of potential dead-weight, displacement and duplication should be more systematically and rigorously addressed; and that there should be a move away from grants to repayable finance as well as to soft supports.

In addition, as funding for the CEBs is provided by the Exchequer, through the National Development Plan, 2000-2006, support for the development of micro-enterprise as offered by the CEBs must operate within the parameters laid down in the relevant operational programmes of the national development plan, NDP.

The current NDP specifically states that there will be a progressive shift, over the lifetime of this NDP, from providing direct financial assistance to other non-financial supports such as advice, mentoring and management development. As a result, where finance is provided, this is increasingly in the form of equity and refundable grants. In addition, the CEBs will continue to give priority to manufacturing and internationally traded services companies, which over time may develop into strong export entities.

Job Losses.

Joe Sherlock

Question:

23 Mr. Sherlock asked the Minister for Enterprise, Trade and Employment if he has received correspondence from Mitchelstown Business Association concerning the imminent economic crisis facing Mitchelstown currently; and, if so, the steps that have been taken. [22142/04]

David Stanton

Question:

76 Mr. Stanton asked the Minister for Enterprise, Trade and Employment if his attention has been drawn to recent job losses and projected job losses in Mitchelstown; his plans to encourage job creation in Mitchelstown; and if he will make a statement on the matter. [23755/04]

I propose to take Questions Nos. 23 and 76 together.

The situation in Mitchelstown has been very much to the forefront of considerations particularly since a meeting with a delegation from the town last April at which, I understand, the Deputies were present. This meeting was arranged on foot of correspondence from Mitchelstown Business Association to my predecessor.

The Deputies' concerns relate to the job losses at Dairygold and its pigmeat division, Galtee Meats. In terms of a response to job losses to date and pending job losses, people affected by the redundancies have been written to by FÁS, inviting them to register with it. I understand that, so far, 150 employees of Galtee Meats, who are to be made redundant at the end of this month, have availed of the offer. The full range of FÁS services are being offered to all relevant employees and FÁS has also increased its activity in north Cork, offering additional courses and support.

The industrial development agencies, for which job creation is a day to day operational matter, are continuing to promote Mitchelstown for industrial development. Enterprise Ireland is keeping in close contact with Dairygold, and is continuing to work with the company on the future development of its business. As agreed, at the meeting with the delegation in April, Dairygold has been approached for assistance in relation to industrial development in Mitchelstown. A socio-economic study of the Mitchelstown area has been commissioned and a proposal will be presented to Dairygold in the coming weeks with a view to securing funding for the study.

Last year, Enterprise Ireland approved a grant of €200,000 for a Food Enterprise Centre in the town. Approval for business expansion scheme, BES, relief is awaited pending the outcome of certain EU State aid issues in relation to BES relief in general. However, in the meantime, a Food Forum Committee, of which EI is a member, has been arranged to drive the project forward. The first meeting of this committee took place last week. A site has been agreed and a company is to be formed in relation to the project. The next meeting of the forum will take place on 22 October 2004.

A substantial new industrial facility has also been funded under the BES and this is being marketed by IDA Ireland to potential clients. There have been two site visits to date, the most recent being in August 2004. However, no client interest has been expressed in the facility as yet. Four small advance industrial units are being provided following a joint initiative involving the county enterprise board, the local credit union and Cork County Council.

Cork County Council has designated Mitchelstown as an important growth and development centre. The council has acquired lands for industrial purposes and new industrial sites are also being sought. I understand that Mitchelstown is also to be included in the roll-out of broadband infrastructure. In addition, Mallow has been designated as a hub location under the national spatial strategy and this has the potential to benefit Mitchelstown and the broader north Cork area.

I am satisfied that the combined efforts of State agency and local interests will address the ongoing needs of Mitchelstown. However, I should point out that in addition to increased global competition for investment and as a result of the slowdown in the global economy in the last few years, there are fewer companies seeking investment locations than in the past. This has resulted in both fewer companies visiting Ireland and fewer companies choosing to locate in Ireland. The final decision on where to locate a project rests with the promoter of that project. Mitchelstown continues to be marketed by the development agencies for new investment as actively and vigorously as possible.

Decentralisation Programme.

Breeda Moynihan-Cronin

Question:

24 Ms B. Moynihan-Cronin asked the Minister for Enterprise, Trade and Employment the number of existing employees who have indicated their willingness to transfer to the new locations announced by the Minister for Finance in budget 2004, in regard to the boards or agencies operating under the aegis of his Department; the proportion, in each case, this represents of the numbers required; his views on whether such agencies may suffer a serious loss of expertise with a consequent deterioration in the level of services available to the public; and if he will make a statement on the matter. [23681/04]

The four agencies under the aegis of my Department included in the Government's decentralisation programme are: National Standards Authority of Ireland — Arklow; the Health and Safety Authority — Thomastown; Enterprise Ireland — Shannon; and FÁS — Birr.

In relation NSAI a total of ten existing employees have applied to transfer to Arklow. This figure represents 8% of the total number of 132 required. However, the total number of applications received from both within the agency and across the Civil Service and public service amounts to 90% of the total complement of staff required by the agency.

With regard to the Health and Safety Authority a total of 11 of its staff have applied to transfer to Thomastown. This figure represents 10% of the total figure of 110 staff required but once again when the total number of applications received is considered it climbs to 46% of the 110 staff required by the agency.

Some 20 existing employees in Enterprise Ireland have indicated their willingness to transfer to Shannon. This represents 7% of the total number of 292 required. However the number of applications received from both within the agency and within the Civil Service and public service amounted to 49 which is 17% of the total staff required.

There have been a total of eight applications from existing FÁS employees for decentralisation to Birr. This figure represents just under 2% of the 383 staff required. However, the total number of applications across the Civil Service and public service brings the figure to 69 or 18% of the total staff required. In light of the recent CAF results and other issues, proposals concerning the sequencing and timing of moves under the decentralisation programme is something that the Decentralisation Implementation Group, chaired by Mr. Phil Flynn, is working on at present. These proposals are due to be brought to the Cabinet sub-committee on decentralisation this autumn for consideration. In the meantime, my Department is committed to managing the decentralisation of its four agencies in a way which minimises disruption to the business community and the general public. Consideration of appropriate risk minimisation strategies, including loss of expertise and corporate knowledge, has been included in my agencies' implementation plans and this will be built upon as the plans are further updated throughout the process.

A structured training programme is being developed by CMOD and agency staff will be encouraged to participate in this programme along with whatever specific training they themselves put in place. Given the careful planning and communication strategies that are in place between my Department and agencies, I am confident that the proposed decentralisation programme is achievable over a reasonable time-frame and will have no long-term adverse effect on level of services to the public.

Energy Costs.

Dan Boyle

Question:

25 Mr. Boyle asked the Minister for Enterprise, Trade and Employment his plans to address rising energy costs and the effect on competitiveness of firms here; and if he will make a statement on the matter. [23595/04]

The National Competitiveness Council, NCC, statement on prices and costs 2004 states that electricity prices for industry have increased by approximately 40% in the past three years. Of the ten countries surveyed by the NCC, Ireland is the second most expensive for electricity for industrial users. According to EUROSTAT, Ireland was relatively cheap for gas tariffs for small and medium sized users, ranking us fifth out of ten countries as of January 2004. However, increasing energy costs are a matter of serious concern as they are an important component in the cost base for industry.

The NCC 2004 reports, the Annual Competitiveness Report 2004 and the Competitiveness Challenge 2004, will be published later this month and will contain detailed recommendations designed to address weaknesses in Ireland's competitiveness performance across a range of areas including energy costs. These will be addressed in the context of structures set up for consideration of the NCC recommendations.

Community Employment Schemes.

Paul Nicholas Gogarty

Question:

26 Mr. Gogarty asked the Minister for Enterprise, Trade and Employment the progress made in providing places on community employment schemes for persons with disabilities; and if he will make a statement on the matter. [23598/04]

Brian O'Shea

Question:

28 Mr. O’Shea asked the Minister for Enterprise, Trade and Employment the number of persons on community employment places at 1 January 2003 and 1 January 2004; the anticipated numbers at 1 January 2005; if his attention has been drawn to the difficulties faced by many community and voluntary groups due to the shortage of community employment places; if changes are planned with regard to eligibility to participate in the scheme; and if he will make a statement on the matter. [23667/04]

Dan Boyle

Question:

41 Mr. Boyle asked the Minister for Enterprise, Trade and Employment the number of places he expects to be available on each of the community employment, job initiative and social economy programme schemes in 2005; and if he will make a statement on the matter. [23594/04]

Brian O'Shea

Question:

68 Mr. O’Shea asked the Minister for Enterprise, Trade and Employment the latest position with regard to the various reviews or studies of community employment commissioned or undertaken by his Department; the main findings of each; if he intends to publish the reports; and if he will make a statement on the matter. [23666/04]

I propose to take Questions Nos. 26, 28, 41 and 68 together.

Community employment, CE, provides work experience and training opportunities for the long-term unemployed and other disadvantaged groups with the aim of progressing to a job in the open labour market. Persons with disabilities who satisfy the eligibility criteria may be considered for participation in the scheme. The current participation rate for this group of participants is 19.8%.

The total funding allocation for employment schemes in 2004 has been fixed at €351 million, which is similar to the level of funding provided in 2003. This allocation is supporting up to 25,000 places across the three FÁS employment schemes, community employment, social economy and job initiative. The number of places being funded is similar to the number of participants at year-end 2003 and no reductions have taken place on the overall participation levels on these schemes in 2004.

In January 2003 there were 24,991 CE participants, 19,848 in January 2004 and it is estimated that there will be 21,300 participants on CE at the start of 2005. While there have been reductions since 2003 in the level of places provided the critical service delivery areas of health and child care, and drugs task force services have been ring-fenced and maintained at the 2002 levels, at approximately 6,000 places. FÁS has endeavoured to support local communities in the services they wish to deliver while keeping the focus of the scheme on securing jobs for participants in the open labour market.

Target participation rates for 2005 will be considered in the context of the ongoing review of active labour market programmes and the budget allocation for FÁS programmes in 2005. There has been extensive consultation with the social partners and key stakeholders over the past year on the future direction of CE and other FÁS labour market programmes and I would hope to conclude this process shortly.

With regard to the other reviews of CE that have been undertaken the position is as follows: the Indecon International Economic Consultants report on active labour market programmes was finalised in November 2002 and is published on my Departments website; the Standing Committee on the Labour Market review of active labour market programmes, mandated by the PPF, concluded without reacting a group consensus on the various elements of the review and will not be published; and a review of community employment conducted by FÁS has been submitted to my Department and will be published in due course.

Question No. 27 answered with QuestionNo. 9.
Question No. 28 answered with QuestionNo. 26.

Migrant Workers.

Aengus Ó Snodaigh

Question:

29 Aengus Ó Snodaigh asked the Minister for Enterprise, Trade and Employment his views on whether the State should make clear its commitment to the prevention of exploitation of migrant workers by ratifying the UN Convention on the Rights of Migrant Workers and their Families; and if he will make a statement on the matter. [23604/04]

The State is committed to the prevention of exploitation of migrant workers through its legislation and work practices. All workers in Ireland have the full protection of Irish employment law which reflects the wider EU social protection framework. The law does not discriminate between workers either on nationality or other grounds.

Ireland has not yet signed and is not a party to the International Convention on the Protection and of the Rights of all Migrant Workers and Members of their Families which was adopted by the UN General Assembly in December 1990.

The convention on the rights of migrant workers has been examined by my Department. It would appear that in order for Ireland to ratify the convention significant changes would have to be made across a wide range of existing legislation, including legislation addressing authorisation to stay and to work, education/training and integration, family reunification, social security, transfer of income and taxation, housing, health and medical care and electoral law. These changes would also have implications for our relations with our EU partners, none of whom have signed or ratified the convention — or signalled an intention to do so — and possibly for the operation of the common travel area between Ireland and the UK. There are no plans at present to introduce the changes in the areas above which would be necessary before Ireland could ratify or consider signing the convention.

Job Creation.

Billy Timmins

Question:

30 Mr. Timmins asked the Minister for Enterprise, Trade and Employment the number of jobs created by the IDA and Enterprise Ireland since 1997 in counties Carlow, Wexford, Wicklow, Kilkenny, Meath and Kildare; the number of jobs lost in each county for that period; and if he will make a statement on the matter. [23616/04]

The issue of job creation in companies assisted by IDA Ireland and Enterprise Ireland is a day to day operational matter for the agencies and not one in which I have a direct role. The agencies have provided me with the following data, in tabular format, detailing the number of jobs created and lost in IDA Ireland and Enterprise Ireland supported companies over the seven year period 1997 to 2003 for the counties Carlow, Wexford, Wicklow, Kilkenny, Meath and Kildare.

In summary, a total of 11,169 new jobs have been created in IDA supported companies in these counties over the period while 6,715 jobs were lost, resulting in a net gain of 4,454 jobs. In Enterprise Ireland supported companies a total of 16,543 jobs were created and a total of 13,328 were lost, resulting in a net gain of 3,215 jobs.

I am confident that the strategies and policies being pursued by IDA Ireland and Enterprise Ireland, together with the ongoing commitment of Government to regional development, will bear fruit in terms of additional sustainable investment and jobs in the south east region.

Jobs created and jobs lost in Enterprise Ireland and IDA Ireland Companies over the period 1997-2003.

County

EI Clients’ Job Creations

EI Clients’ Job Losses

Change in EI Clients’ staff complement

IDA Clients’ Jobs Creations

IDA Clients’ Job Losses

Change in IDA Clients’ staff complement

Kildare

3,753

-2,699

1,054

6,236

-2,807

3,429

Meath

2,969

-2,457

512

649

-833

-184

Wicklow

3,792

-2,371

1,421

2,867

-1,460

1,407

Carlow

1,558

-1,142

416

135

-272

-137

Wexford

2,442

-2,961

-519

890

-963

-73

Kilkenny

2,029

-1,698

331

392

-380

12

Total

16,543

-13,328

3,215

11,169

-6,715

4,454

Construction Industry.

Paul Kehoe

Question:

31 Mr. Kehoe asked the Minister for Enterprise, Trade and Employment the number of fatalities in construction sites since 2000; the number of fatalities since the start of 2004; and if he will make a statement on the matter. [23624/04]

The number of fatalities in the construction sector since 2000 are:

Year

Fatalities

2000

18

2001

21

2002

21

2003

17

2004 (to end September)

12

Total

89

Deputies will join with me in acknowledging that one death is one too many in terms of loss and sorrow to family and friends. However, in terms of raw statistics the number of deaths in the industry is, thankfully, not keeping pace with the huge level of increased activity.

The Health and Safety Authority will be promoting a nationwide publicity campaign to highlight safety awareness during the European Week on Construction Safety, which commences on 18 October.

Price Transparency.

Willie Penrose

Question:

32 Mr. Penrose asked the Minister for Enterprise, Trade and Employment his views on the call from the Consumers Association of Ireland for some system of price transparency which would allow consumers to see the person exactly responsible for inflation; and if he will make a statement on the matter. [23670/04]

My officials have worked closely with the Central Statistics Office, the Office of the Director of Consumer Affairs, the Consumers Association of Ireland and Forfás on the issue of price transparency. This led to the publication last July, for the first time, of the CSO consumer prices average price analysis for Dublin and outside Dublin, for May 2004. My Department proposes to continue to work with these interested parties to consider if there is further potential to build on this CSO work in the area of prices to enhance price transparency for consumers.

The National Competitiveness Council and the Competition Authority, for instance, undertake on a continuous basis, investigations into the competitiveness of the Irish economy and the level of competition within it. These investigations highlight the key areas that require attention to enhance Ireland's competitiveness and economic performance. The National Competitiveness Council, in its statement on prices and costs 2004, this September noted that both prices and wages in Ireland had been rising faster than in other EU countries for a number of years and makes recommendations across a range of policy areas, that is, fiscal, competition and regulation, trade, incomes and labour market.

With regard to other sources of price transparency the ongoing work of the Office of the Director of Consumer Affairs which has published and highlighted the results of price surveys on products such as CDs, petrol, potatoes, over-the-counter medicines, car insurance and drink price increases coinciding with major sporting and social events.

The consumer strategy group was established last March to advise on the development of a national consumer policy strategy. In the performance of this role the group is initiating studies which should demonstrate objectively whether or not Irish consumers are getting a fair deal. The group is due to produce a final report to me by the end of 2004.

Work Permits.

Jan O'Sullivan

Question:

33 Ms O’Sullivan asked the Minister for Enterprise, Trade and Employment if his attention has been drawn to reports that non-EU immigrant workers are being charged thousands of euro by unscrupulous recruitment agencies to secure work permits; if he has initiated an investigation into these reports; the action he intends to take to stamp out this practice; and if he will make a statement on the matter. [23663/04]

The labour inspectorate of my Department is responsible for monitoring certain employment conditions for all categories of workers in Ireland, including immigrant workers. Inspectors pursue allegations of worker mistreatment and when evidence of non-compliance with the relevant employment rights legislation is found, the inspectorate seeks redress for the individual or individuals concerned and, if appropriate, a prosecution is initiated. The inspectorate operates without any differentiation with regard to worker nationality. Licensed employment agencies in the State are regulated by my Department and complaints about specific agencies will be followed up. My Department is not responsible for what may happen outside the State where a recruitment agency in another country may be involved.

Job Creation.

Seán Ryan

Question:

34 Mr. S. Ryan asked the Minister for Enterprise, Trade and Employment the total number of new jobs announced during 2003 from new investments or expansion of IDA backed plants; the expected level of announcements during 2004; the steps being taken to promote job creation; and if he will make a statement on the matter. [23676/04]

IDA Ireland is the agency with statutory responsibility for the attraction of foreign direct investment to Ireland, including its regions and areas. In 2003, 32 greenfield and expansion job creation projects were announced by IDA Ireland. These projects have a projected total job content of nearly 5,600 jobs and were achieved against a background where there were fewer companies actively seeking to invest overseas and consequently less companies visiting Ireland.

It is difficult to predict the exact number of IDA supported project announcements that might be made in 2004. However, the IDA is optimistic there will be a broadly similar employment outcome in 2004vis-à-vis 2003 in respect of IDA client companies.

IDA Ireland believes vigorous pursuit of its main policy objectives is the best strategy to respond to the current challenging global environment and further increase opportunities for employment, not alone in IDA supported companies but also across the wider economy. It is important to remember that foreign direct investment can also have knock on benefits in other sectors such as supply, distribution and transport, thus creating further investment-employment opportunities for local people in the immediate vicinity and surrounding areas.

I am confident the strategies and policies being pursued by IDA Ireland together with the ongoing commitment of Government to regional development will continue to bear fruit in terms of delivering the maximum possible level of additional jobs.

Disability Bill.

Thomas P. Broughan

Question:

35 Mr. Broughan asked the Minister for Enterprise, Trade and Employment the main features of the outline sectoral plan for his Department arising from the disability package announced by the Government on 21 September 2004; the specific measures that will be taken by his Department; the funding which been allocated within his Department for this purpose; and if he will make a statement on the matter. [23643/04]

Under the Disability Bill 2004 my Department is one of six Departments required to draw up sectoral plans, as part of the national disability strategy for positive action measures to support participation by people with disabilities in Irish society.

The key focus of the outline sectoral plan developed by my Department is to facilitate and improve access to vocational training and employment opportunities for persons with disabilities, in the belief that employment offers the best means for them to participate fully in the social, cultural and economic life of the country.

The outline sectoral plan includes a number of commitments entered into in the context of the Disability Bill 2004, relating to disability awareness training, physical access, information provision and access, and complaints and redress.

The outline sectoral plan highlights a number of planned labour market policy initiatives aimed at ensuring equal opportunities for people with disabilities including: a FÁS action plan for provision of specialist vocational training; implementation by FÁS of new criteria for supported employment services for people with disabilities; a review of the workway initiative; and a proposal to introduce a new full-time employment support scheme for the employment of people with disabilities that would provide incentives to both employees and employers subject to funding being provided.

As provided for in the Bill, details of the outline sectoral plans are subject to consultation with relevant interest groups before completion and presentation to Dáil Éireann within a year of commencement of Part 3 of the legislation. The Bill provides that the plans will come into effect subject to a positive resolution by Dáil Éireann.

Subject to the above, a decision relating to funding in respect of initiatives contained in the agreed plan for my Department will be taken as part of the Estimates and budgetary process.

Legislative Programme.

Eamon Gilmore

Question:

36 Mr. Gilmore asked the Minister for Enterprise, Trade and Employment when the promised legislation to put the employment permit regime on a comprehensive and sound statutory footing will be introduced; the reason for the delay in bringing forward the legislation, which was originally promised for 2003; and if he will make a statement on the matter. [23657/04]

I expect to publish the Bill during the current Dáil term. The preparatory stages of this Bill have taken longer than expected due to changing labour market circumstances and a re-vamp of the initial draft of the Bill in order to simplify its structure. However, a draft of the Employment Permits Bill is due to be published shortly.

Insurance Industry.

Trevor Sargent

Question:

37 Mr. Sargent asked the Minister for Enterprise, Trade and Employment his plans to address the unaffordability of car and motorcycle insurance for young drivers especially in view of the impediment such exorbitant rates place on taking up certain types of employment and the reduction in other insurance premiums over the last year. [23602/04]

Seán Crowe

Question:

50 Mr. Crowe asked the Minister for Enterprise, Trade and Employment the measures he proposes to introduce to lower insurance costs for both businesses and motorists; when such measures will be introduced; and if he will make a statement on the matter. [23610/04]

I propose to take Questions Nos. 37 and 50 together.

Following the establishment of the Irish Financial Services Regulatory Authority and the coming to an end of my Department's lead role in the insurance reform programme, my colleague, the Minister for Finance, retains overall responsibility for policy and legislation in relation to the provision of financial services in Ireland. My colleague, the Minister for Transport, in the light of broader responsibility for road safety, will take over the lead role in relation to policy and legislation on the availability and cost of motor insurance and any related interdepartmental co-ordination. The transfer of responsibilities to my colleague, the Minister for Transport, has been agreed and will be activated shortly following the completion of logistical issues relating to the transfer of an agreed number of posts from my Department to the Department of Transport.

My Department has put in place the following measures to improve the functioning of the insurance market and which, I believe, will lead to a reduction in insurance costs to the benefit of businesses and motorists alike.

S.I. No. 389 of 2002, Motor Insurance (Provision of Information) (Renewal of Policy of Insurance) Regulations 2002, requires that insurance companies provide motor insurance policy holders with the terms upon which renewal is offered and their no claims bonus documents a minimum of 15 days before the end of their current policy. This allows consumers sufficienttime to shop around before renewing their policies.

My Department and the Competition Authority have undertaken a joint study into the insurance market. The study will identify and analyse barriers to entry and limitations on rivalry in the insurance marketplace. The bulk of the study was completed in 2003 and a preliminary report and consultation document on competition issues in the non-life insurance market was published on 18 February 2004. Following consultation, a final report will be published later in the year which will contain recommendations based on the findings.

A key initiative in my Department was the establishment of the Personal Injuries Assessment Board. By eliminating the need for litigation costs where legal issues are not in dispute, the PIAB will significantly reduce the cost of delivering compensation. The PIAB will also offer speedier assessments to the benefit of claimants.

A book of quantum, an aid for assessing the level of compensation based on the type of injury involved, which is essential for the successful operation of the PIAB, was published by PIAB on June 2004. Significant initiatives are also being pursued by my colleagues, the Minister for Transport and the Minister for Justice, Equality and Law Reform, and by IFSRA, under the aegis of the Department of Finance.

Indications to date are that the cost of insurance is falling. The CSO publishes monthly indices of costs for a number of classes of insurance. These statistics show that there was a reduction of 15.2 index points, 14.1%, in motor car insurance between the months of April 2003 and August 2004, which is the latest figure available.

Groceries Order.

John Gormley

Question:

38 Mr. Gormley asked the Minister for Enterprise, Trade and Employment if it is his intention that the groceries order continue to prohibit below cost selling; and if he will make a statement on the matter. [23600/04]

Ruairí Quinn

Question:

57 Mr. Quinn asked the Minister for Enterprise, Trade and Employment when he intends to publish the results of his review of the 1987 groceries order which forbids below cost selling; and if he will make a statement on the matter. [23672/04]

I propose to take Questions Nos. 38 and 57 together.

In the course of the review of the groceries order which my predecessor commenced, the advice of the Attorney General's office was sought. The advice stated that, should an amendment of the order be deemed appropriate, the safest method would be pursuant to primary legislation.

The Competition Act 2002 is a recent statute which introduced a wide range of enhancements to national competition law. While I have no plans for new competition legislation at present, the question of reviewing the order may be revisited at such time when the 2002 Act is being reviewed in the future.

Grant Payments.

Trevor Sargent

Question:

39 Mr. Sargent asked the Minister for Enterprise, Trade and Employment the geographical breakdown by region of the grant aid awarded by the State to overseas firms in 2003; if the pattern will continue into 2004; and if he will make a statement on the matter. [23603/04]

IDA Ireland is the agency with statutory responsibility for the attraction of foreign direct investment to Ireland, including its regions and areas. The following table provides a geographical breakdown by region of grant aid paid by the agency to overseas firms in 2003. IDA Ireland anticipates a broadly similar grant payment outcome in 2004.

Breakdown by region of grant aid paid by IDA Ireland to overseas enterprises in 2003.

Region

Total Per Region (€)

North West

8,035,966

North East

109,883

Midlands

3,668,806

West

10,606,963

Mid-West

3,017,786

South West

12,993,138

East

52,572,187

South East

7,159,262

Total

98,163,991

Pension Provisions.

Joe Costello

Question:

40 Mr. Costello asked the Minister for Enterprise, Trade and Employment if his attention has been drawn to reports of a serious shortfall within the pension fund of Shannon Development; the discussions he has had with the management of the company with regard to this problem; the action he intends to take arising from the problem; and if he will make a statement on the matter. [23651/04]

I am aware that the trustees of the Shannon Free Airport Development Company Limited superannuation fund have been concerned for some time about a deficit in the fund. This deficit, estimated by the trustee's actuary to amount to some €26 million as at 1 January 2003 related essentially to funding of post-retirement pension increases. This concern led to the trustees instituting legal proceedings against the company and the case was due to be heard on 5 October 2004.

In the meantime, my Department had been in regular contact with the company and the Department of Finance in an effort to find an administrative solution. I am pleased to report that such a solution, acceptable to all of the parties involved, was found in the past few days and the court case has been withdrawn.

Question No. 41 answered with No. 26.

Health and Safety Regulations.

Mary Upton

Question:

42 Dr. Upton asked the Minister for Enterprise, Trade and Employment if his attention has been drawn to recent claims from the Health and Safety Authority that 80% of farmers here are breaking the law by failing to have a safety statement in place; if he plans to take action to ensure that all farmers possess a safety statement in view of the fact that agriculture rivals construction as the most dangerous industry in the country; and if he will make a statement on the matter. [20095/04]

The Health and Safety Authority conducts a proactive inspection campaign in the agriculture sector each year, targeting 1,000 farm inspections, with 856 completed in 2003. Typically 80% of inspection visits are focused on compliance where machinery, livestock handling, manual handling, working at height and child safety are addressed, 14% require follow-up inspections and 6% involve complaint and accident investigation. Each year approximately 20% of farms inspected necessitate enforcement action.

In 2003, the percentage of farms inspected which had safety statements was 18.5%. The low level of compliance by farmers with the legal requirement to prepare a safety statement has been recognised by the Health and Safety Authority. In November 2003 the authority, using a partnership-based approach, undertook a specific and unique farm safety initiative in this regard. The core of the initiative, containing four modules, awareness, direct contact, information and support, was a farm safety self-assessment document produced by the authority with 192,000 copies distributed by post to the majority of the farmers in the country. This was facilitated by the Department of Agriculture and Food. This campaign has generated a significant response from the farming community. In excess of 10,000 farmers indicated to the authority that they have completed the farm safety self-assessment document for their farm in the last six months, and the initiative has received the active support of members of the farm safety partnership. The take up by farmers of the farm safety self-assessment approach to raising farm standards is a significant part of the Health and Safety Authority's programme of work, supported by the sectoral representative farm safety partnership, in 2004.

Insurance Industry.

Bernard J. Durkan

Question:

43 Mr. Durkan asked the Minister for Enterprise, Trade and Employment the extent to which he has compared insurance costs here with those applicable within Ireland’s European trading partners, with particular reference to motor insurance and public liability; and if he will make a statement on the matter. [23615/04]

Following the establishment of the Irish Financial Services Regulatory Authority and the coming to an end of my Department's lead role in the insurance reform programme, my colleague the Minister for Finance retains overall responsibility for policy and legislation in relation to the provision of financial services in Ireland. My colleague, the Minister for Transport, in the light of broader responsibility for road safety, will take over the lead role in relation to policy and legislation on the availability and cost of motor insurance and any related interdepartmental co-ordination. The transfer of responsibilities to my colleague, the Minister for Transport, has been agreed and will be activated shortly following the completion of logistical issues relating to the transfer of an agreed number of posts from my Department to the Department of Transport.

Comparisons of insurance figures in European countries are available in the European Insurance in Figures June 2003 report published by the Comité Européen Des Assurances, which shows details of "average non-life premium per inhabitant". These figures include motor and public liability insurance.

The figures for 2001, which are the latest given, show that of 29 European countries listed, Ireland ranked fourth highest with a value of €1,123, Luxembourg was highest with a value of €2,084, Switzerland was second highest with a value of €1,642, the Netherlands were third with a value of €1,125. The United Kingdom, with a value of €1,072 was fifth highest. Estonia was second lowest with a value of €67 and Turkey was lowest with a value of €23. The average premium in Europe in 2001 was €581.

The ratios need to be analysed carefully. The figures comparing premium amounts to the number of inhabitants do not correspond to sums actually paid by insured persons and in addition they do not always include only or all premiums paid by the inhabitants of the country concerned.

These 2001 comparisons do not reflect recent experience in Ireland, as a result of the Government's insurance reform programme. Indications to date are that the cost of insurance in Ireland is falling. The CSO publishes monthly indices of costs for a number of classes of insurance. These statistics show a reduction of 15.2 index points, 14.1%, in motor car insurance between the months of April 2003 and August 2004, which is the latest figure available.

EU Directives.

Joe Sherlock

Question:

44 Mr. Sherlock asked the Minister for Enterprise, Trade and Employment the number of EU directives for which his Department has responsibility which have yet to be implemented; the number in respect of which the deadline for implementation has passed; if he has satisfied himself with the rate of compliance by his Department; the number of cases in which legal actions have been notified or commenced by the EU Commission arising from a failure to implement a directive; and if he will make a statement on the matter. [23678/04]

The current position in relation to the transposition of EU directives for which my Department is responsible indicates a total of 23 directives to be implemented, including five for which the deadline for implementation, in full or in part, has passed.

Details of the directives, including, in so far as it has been decided, the proposed transposition instruments, are available on my Department's website at www.entemp.ie/trade/eudirectives/index.htm. The website also contains information on directives in respect of which infringement proceedings have been commenced. A number of these directives have been transposed but are still the subject of legal proceedings by the EU Commission.

In relation to two of the directives that have not yet been transposed and for which the deadline has passed, reasoned opinions, under Article 226 of the treaty, have been issued by the European Commission.

I am satisfied that my Department is giving all due priority to the task of implementing EU directives, in light of the available resources.

Company Liquidations.

Billy Timmins

Question:

45 Mr. Timmins asked the Minister for Enterprise, Trade and Employment the stage the liquidation of IFI is at; if the creditors have been paid; if not, when they will be paid; and if he will make a statement on the matter. [23617/04]

I understand that the liquidator has made considerable progress in realising the assets of the company and establishing the full extent of its liabilities. At this stage, the plant and machinery at the main production facilities at Arklow and Cork have been sold and is in the process of being dismantled and removed from the sites by the purchasers. The production sites themselves remain the principal assets yet to be realised and while they have been on the market for some time, I understand that interest in the sites is expected to intensify once the plant and machinery has been removed.

I also understand that all secured and preferential creditors have been or are in the process of being paid. However, the position of unsecured creditors can only be determined when the remaining assets, including the sites, have been realised and all liabilities established.

Legislative Programme.

Joe Costello

Question:

46 Mr. Costello asked the Minister for Enterprise, Trade and Employment the progress in regard to his consideration of proposals to introduce legislation to provide for a new offence of corporate killing as recommended by the Law Reform Commission; and if he will make a statement on the matter. [23652/04]

The Law Reform Commission in its consultation paper on corporate killing of last October recommended that a new offence of corporate killing be established which would be prosecuted on indictment, without exclusion of any entity whether incorporated or not. The offence would apply to acts or omissions of a high managerial agent, which would be treated as those of the undertaking.

To reflect the seriousness of the offence, the commission also recommended that the legislation should provide for an unlimited fine or that in certain circumstances an individual high managerial agent should also be subject to imprisonment of up to five years. The commission is currently considering submissions on its consultation paper.

My Department has been advised by the Office of the Attorney General that the issue of corporate killing has far broader implications than health and safety in the workplace. It will, therefore, require consideration in the Attorney General's office on publication of the Law Reform Commission final report and subsequent consideration by Government.

However, in order to go as far as legally possible on the issue of corporate responsibility, the Safety, Health and Welfare at Work Bill, which was published in June and is before this House at present, includes a provision on the liability of directors and officers of undertakings to make more explicit an existing provision in the Safety, Health and Welfare at Work Act 1989 under which directors and managers in companies have in the past been prosecuted for failures in safety and health which resulted in deaths or serious injuries to workers. It is intended that the provision in the new Bill will send a clear message to decision makers at board and management levels who carry a special responsibility for safety and health in the workplace.

Martin Ferris

Question:

47 Mr. Ferris asked the Minister for Enterprise, Trade and Employment if he will bring forward legislation to remove the provisions which disqualify persons over the age of 66 from the terms of the Redundancy Acts; and if he will make a statement on the matter. [23613/04]

The redundancy review group report of July 2002, which produced recommendations for the up-dating of statutory redundancy legislation, considered that increasing the upper age limit of 66 for redundancy qualification purposes would not be a priority in the short term if resources were scarce. It could be argued therefore that the age cap should remain unchanged to maintain consistency with the Unfair Dismissals Acts 1977 to 2001 and the Employment Equality Act 1998.

The group recognised, however, that the labour force is becoming older and that participation in the labour force by older people, if desired, should be facilitated. Accordingly, it was recommended that consideration should be given in the medium term to removing the age cap or raising the age cap in conjunction with similar changes to unfair dismissals, equality and social and family legislation as recommended by the Equality Authority.

On 18 July 2004, the upper age limit of 66 for bringing claims under the Unfair Dismissals Acts 1977 to 2001, was removed by the Equality Act 2004. However, the Unfair Dismissals Acts will still not apply to dismissed employees who, at the date of dismissal had reached the normal retirement age in that employment, that is, if it is the policy in an employment to retire employees at a certain age, then the new provisions would not apply.

There are no plans at present to remove the upper age limit in respect of statutory redundancy. However, in the light of the evolution of age-related legislative provisions, it will be necessary to review the age-related provisions of the Redundancy Payments Acts. This will have to be done prior to making legislative proposals for submission to Government.

Question No. 48 answered with QuestionNo. 19.

Economic Competitiveness.

Fergus O'Dowd

Question:

49 Mr. O’Dowd asked the Minister for Enterprise, Trade and Employment if he will outline the studies which the Competition Authority is undertaking; when each of the studies will be completed; and if he will make a statement on the matter. [23620/04]

I understand that the studies by the Competition Authority into the banking, insurance and professional service markets are progressing.

With regard to the professions study, consultation documents on engineers and architects have been published, and final reports for both these professions are expected to be published shortly. Draft reports in respect of the other professions will be published later this year, and it is expected the entire process will be completed by early 2005.

It is also expected that the authority's report on the banking sector will be completed in early 2005. However, an interim report by economic consultants LECG is expected to be released in December 2004 and all interested parties will be invited to comment on this report to the authority before it issues its final report.

With regard to the insurance study, the Competition Authority has carried out research on barriers to entry and rivalry in the motor, employers' liability and public liability insurance markets. Its findings were published in a preliminary report in February 2004. The authority is currently engaging with interested parties and expects to publish its final report later this year.

Question No. 50 answered with QuestionNo. 37.

Legislative Programme.

Seán Crowe

Question:

51 Mr. Crowe asked the Minister for Enterprise, Trade and Employment if his attention has been drawn to the legislation on community interest companies introduced by the British Government which make provision for a new type of company, designed for social enterprises which want to use their profits and assets for the public good; and if he has plans to introduce such legislation here. [23611/04]

My Department is currently working on the general scheme of a Bill to restructure, consolidate, simplify and modernise company law in Ireland, and I anticipate bringing that general scheme to Government for approval in the first quarter of 2005. As part of that reform the legislative provisions governing guarantee companies will be simplified. Most companies established for purposes of community welfare are incorporated as guarantee companies and the general simplification and consolidation of company law will be of assistance to those companies, their members and officers.

Health and Safety Regulations.

John Deasy

Question:

52 Mr. Deasy asked the Minister for Enterprise, Trade and Employment if he has satisfied himself that the system of training and accreditation for safety passes and training schemes operated by FÁS is the best means of ensuring that persons working in the construction sector are adequately, independently and verifiably trained in health and safety matters; and if he will make a statement on the matter. [23623/04]

Adequate and appropriate occupational safety and health training is an essential element of achieving and maintaining effective safety and health standards at all workplaces, including the construction sector. This is reflected in relevant legislation including the Safety, Health and Welfare at Work Act 1989, the Safety, Health and Welfare at Work Bill 2004, which is designed to update and replace the 1989 Act, as well as the Safety, Health and Welfare at Work (General Application) Regulations 1993 and the Safety, Health and Welfare at Work (Construction) Regulations 2001. The latter regulations, inter alia, implement the construction safety partnership, CSP, plan recommendations relating to safety training in the construction sector.

Arising from this, FÁS, with support from the other components of the construction safety partnership — the Construction Industry Federation, Irish Congress of Trade Unions, and the Health and Safety Authority, developed the FÁS safe pass safety awareness programme and the construction skills certification scheme.

The overall aim of the safe pass health and safety awareness training scheme is to ensure that all construction site personnel, including new entrants, will have a basic knowledge of health and safety and be able to work on site without being a risk to themselves, or to others who might be affected by their acts or omissions. The safe pass scheme is managed by FÁS on behalf of the industry and is structured to ensure that the social partners are actively involved in all aspects of the scheme. The construction skills certification scheme provides training and certification for a range of occupations in the industry such as plant operatives, including mobile crane operators and excavator operators, scaffolders and so on.

To ensure the efficiency and effectiveness of its system of training and accreditation for safety passes and training schemes, FÁS has introduced a new standard in its operational procedures in regard to the construction skills certification scheme, CSCS.

Under this new system a provider who wishes to be approved to deliver and assess a CSCS programme must first apply to the services to business section in FÁS to be registered as an approved training organisation. Applicants are required to specify the technical and pedagogical qualifications of the trainer in respect of each programme for which approval is being sought. The application is brought before the FÁS-Enterprise Ireland national register of trainers committee for consideration. If the application is accepted, the trainer is required to attend a CSCSpractical and theoretical assessment to determine competence to train in the specified area for which approval is being sought. If the trainer successfully attains the required standard, his/her organisation must then apply in writing to the manager of the curriculum and quality assurance department to become an approved assessment centre.

The new standard provides a system of checks and balances to ensure that the quality of health and safety training in the construction sector is adequate and verifiable. This process came into operation on 1 January 2004 and all trainers approved prior to January 2004 are required to meet the new standard. The procedures are being applied to all FÁS approved trainers-assessors.

World Trade Negotiations.

Ruairí Quinn

Question:

53 Mr. Quinn asked the Minister for Enterprise, Trade and Employment his views on whether the Doha development round of trade negotiations will be successful following the Eleventh UN Conference on Trade and Development in Sao Paolo, Brazil; Ireland’s and the EU’s priorities for these negotiations; and if he will make a statement on the matter. [18840/04]

Eamon Ryan

Question:

61 Mr. Eamon Ryan asked the Minister for Enterprise, Trade and Employment if he will report on the outcome of the summer negotiations on the Doha trade development round and on the main implications for agriculture and other industry here. [23593/04]

I propose to take Questions Nos. 53 and 61 together.

The Doha development trade round was usefully discussed at the Eleventh UN Conference in Sao Paulo in June 2004. In addition, the Government is particularly pleased with the outcome of the end July 2004 World Trade Organisation General Council meeting which agreed a framework to further progress the Doha development agenda. The framework agreement adopted by WTO members sets the parameters for the next stages of negotiation of the Doha development agenda.

Over coming months and next year, the WTO members will develop the agreed framework into concrete, detailed and specific commitments under each of the key areas of interest, including in agriculture, non-agricultural products and services. In the case of agriculture, the framework will include negotiations aimed at a substantial cut in trade-distorting supports, the elimination of trade distorting export competition practices and a significant opening of agricultural markets. In the case of industry, a set of precise guidelines to cut tariffs has been adopted. The framework pays close attention to the needs and concerns of developing country members of the WTO.

These negotiations will take place with a view to completing the round as soon as possible. When the Doha round was launched in November 2001, negotiations were scheduled to conclude by 1 January 2005. This is not now going to happen. Alongside the adoption of the framework agreement, the WTO General Council, at end July, agreed that the next WTO ministerial meeting will take place in Hong Kong in December 2005.

As a small open economy, particularly reliant on exports for economic growth and development, Ireland supports a strengthening of the WTO and of the multilateral trading system and an ambitious approach to the elimination of remaining barriers to trade in goods and services. Issues of importance to Ireland under the current round are the conclusion of agreements to further liberalise trade in the areas of agriculture, manufacturing and services, and measures to assist developing countries, and in particular least developed countries, better integrate into the global trading system.

Job Initiative.

John Gormley

Question:

54 Mr. Gormley asked the Minister for Enterprise, Trade and Employment the steps being taken to address the current high levels of redundancy; and if he will make a statement on the matter. [23601/04]

Jack Wall

Question:

63 Mr. Wall asked the Minister for Enterprise, Trade and Employment the number of redundancies notified to his Department during 2000, 2001, 2002, 2003 and to date in 2004; the projected total numbers for 2004; the steps being taken to deal with the sharp increase in redundancies; and if he will make a statement on the matter. [23673/04]

I propose to take Questions Nos. 54 and 63 together.

The number of redundancies notified to my Department in the years specified were 13,316 in 2000, 19,977 in 2001, 25,358 in 2002, 27,702 in 2003 and 18,137 to the end of September 2004. The corresponding figure to the end of September 2003 was 20,148, which means a 10% decrease in the number of redundancies notified to my Department so far this year. The quarterly national household survey prepared by the Central Statistics Office last month, shows that employment growth continued in the second quarter of 2004 with an increase of 42,800 or 2.4 % in the year on year position. The total number of persons currently in employment is 1.84 million.

The development of a competitive economy is a central tenet of generating sustainable employment and growth and is the focus of this Government's policies. Initiatives by the Government and the State development agencies, including reducing the burden of unnecessary regulation, are aimed at helping the country progress towards a knowledge and innovation-driven economy. Ongoing six-monthly assessments of our competitive position will ensure that appropriate and timely actions are taken to address identified weaknesses.

The recent report of the enterprise strategy group, ESG, recognises that we are at a turning point in terms of the competitive impact of global competition for markets and investments. The ESG made a number of key recommendations that are being considered by a high level group set up by my predecessor to look at the most appropriate route to implementing the ESG's recommendations. I will shortly be making a report to Government on their work and recommendations.

Job Losses.

Damien English

Question:

55 Mr. English asked the Minister for Enterprise, Trade and Employment the number of jobs which have been lost since May 2002; the sectors in the economy which have suffered the worst losses; the counties that have been worst affected; and if he will make a statement on the matter. [23622/04]

A total of 62,927 redundancies were notified to my Department between May 2002 and the end of September 2004. Of these, 17,088 were notified between May and December 2002, with 27,702 being notified between January and December 2003 and the balance of 18,137 being notified between January and September 2004. The figure of 18,137 notified redundancies so far this year represents a fall of 10% from the figure for the same period last year (20,148).

For a breakdown of all the sectors which were affected by notified redundancies in this period, I refer the Deputy to the following table 1. For a breakdown of notified redundancies in each county over this period I refer the Deputy to the following table 2.

Table 1 — Redundancies between May 2002 and September 2004 by sector.

Sector

May-December 2002

January-December 2003

January-September 2004

Total (May 02 -September 04)

Agriculture/Forestry and Fisheries

68

259

200

527

Energy and Water

178

297

272

747

Extraction Industry (Chemical Products)

1471

1171

868

3510

Metal Manufacturing and Engineering

4252

5958

2509

12719

Other Manufacturing

2210

5634

3794

11638

Building and Civil Engineering

1025

2101

1742

4868

Distributive Trades

2191

4043

3762

9996

Transport and Communications

1786

1313

1116

4215

Banking, Finance and Insurance

2339

4062

2020

8421

Other Services

1568

2864

1854

6286

Total

17,088

27,702

18,137

62,927

Table 2 — Redundancies between May 2002 and September 2004 by county.

County

May-December 2002

January-December 2003

January-Sept. 2004

Total (May 02 — September 04)

Laois

67

118

194

379

Longford

86

50

45

181

Offaly

373

145

135

653

Roscommon

49

321

57

427

Westmeath

368

681

323

1,372

Cork

1,771

3,161

1,820

6,752

Kerry

226

593

522

1,341

Dublin

7,569

11,656

8,051

27,276

Kildare

281

721

611

1,613

Meath

218

671

377

1,266

Wicklow

389

418

358

1,165

Cavan

65

168

110

343

Louth

420

606

291

1,317

Monaghan

62

335

145

542

Galway

907

1,342

676

2,925

Mayo

154

476

296

926

Clare

433

839

499

1,771

Limerick

993

1,550

870

3,413

Tipperary

757

637

506

1,900

Donegal

313

1,145

480

1,938

Leitrim

32

49

64

145

Sligo

72

251

169

492

Carlow

103

355

187

645

Kilkenny

302

327

240

869

Waterford

502

652

588

1,742

Wexford

576

435

523

1,534

Total

17,088

27,702

18,137

62,927

Hospitality Industry.

Mary Upton

Question:

56 Dr. Upton asked the Minister for Enterprise, Trade and Employment if he intends to take steps to ensure that service charges, imposed on customers in hotels and restaurants, are passed on to the staff who provide the service; and if he will make a statement on the matter. [23684/04]

The generality of employees engaged in the restaurant and hotels sectors their have rates of pay and other conditions of employment set out in employment regulation orders issued through the Labour Court. The details of each employment regulation order are devised by a committee, known as a joint labour committee, representative of the employers and employees in the sector concerned. Some employment regulation orders have restricted geographical application.

Currently, there are two employment regulation orders covering employees in the catering sector, that is, catering joint labour committee for areas other than the areas known until 1 January 1994 as the County Borough of Dublin and the Borough of Dún Laoghaire, operationally known as the country catering ERO, and the catering joint labour committee for areas known until 1 January 1994 as the County Borough of Dublin and the Borough of Dún Laoghaire, operationally known as the Dublin catering ERO.

There is one employment regulation order for employees in the hotel sector. This order applies to workers employed in a hotel undertaking anywhere throughout the State except the County Borough of Cork and the areas known until 1 January 1994 as the County Borough of Dublin and the Borough of Dún Laoghaire. Operationally this is referred to as the hotel ERO. Employees not covered directly by the terms of the hotel ERO rely on the protections provided under the National Minimum Wage Act 2000.

With regard to a service charge the country catering ERO states that a service charge, where levied, will be distributed among all staff, excluding all management personnel and trainee managers. Service charge will be paid on the payroll system covering service charges collected in the corresponding pay period, but not less frequently than on a monthly basis.

With regard to a service charge, the Dublin catering ERO states that "in accordance with the provisions of the National Minimum Wage Act 2000, service charge, when distributed to employees through the payroll, can form part of the weekly earnings referred to above".

With regard to a service charge the hotel catering ERO states that "where service charge is distributed to an employee through the payroll, the amount so distributed can form part of the weekly earnings referred to above. This and other components, which may be taken into account to determine an employee's average rate of pay, are set down in Part I of the Schedule to the National Minimum Wage Act 2000."

With regard to a service charge Part I of the Schedule to the National Minimum Wage Act 2000 states that "The amount of any service charge distributed to the employee through the payroll ..."— is a reckonable component in the calculation of average hourly rate of pay. It should be noted that Part II of the Schedule concerns non-reckonable components of pay and includes under item 5 —"Any amount distributed to the employee of tips or gratuities paid into a central fund managed by the employer and paid through the payroll".

The labour inspectorate of my Department has responsibility for the enforcement of the statutory minimum rates of pay and other conditions of employment set out in various enactments, including the National Minimum Wage Act 2000 and the employment regulation orders mentioned above. In inspecting an employer's records, to confirm compliance with relevant employment rights obligations, an inspector is concerned to ensure that relevant employees are receiving the appropriate statutory minimum rate of pay. While a service charge, as a reckonable component per the provisions above, may be incorporated in an individual's pay calculations the inspector will only be concerned to ensure that the correct statutory minimum is being paid.

There are no plans, at present, to change existing legislation in this area. However, the employment regulation orders are subject to regular review by the relevant joint labour committees.

Question No. 57 answered with QuestionNo. 38.

Legislative Programme.

Liam Twomey

Question:

58 Dr. Twomey asked the Minister for Enterprise, Trade and Employment if his attention has been drawn to concerns that have been expressed by business and accountancy groups regarding the increasing regulatory burdens being imposed on companies as a result of new companies, competition and regulatory legislation; if he will introduce a study to assess the cost of regulation to business; and if he will make a statement on the matter. [23619/04]

All regulatory legislation involves striking a balance between the public benefits sought to be achieved by each measure and the costs involved for those being regulated and for the economy. I believe that in general we get that balance right. We are not an over-regulated country. While I do recognise the importance of keeping all regulatory burdens under appropriate review, I do not see a need at this stage for a general study of the kind referred to in the question.

In respect of new legislation relating to company law, Deputies will be aware that the Committee of Public Accounts inquiry into deposit interest retention tax identified a number of shortcomings in regard to auditing. The Tánaiste established the review group on auditing, representative of the social partners and other major interest groups, and the Companies (Auditing and Accounting) Act 2003 was designed to implement the recommendations of that group.

The primary objective of the Act was to establish the Irish Auditing and Accounting Supervisory Authority, IAASA, whose main purpose is to oversee the manner in which the accountancy bodies regulate their members. In addition, IAASA is empowered to review the accounts of certain classes of companies — essentially large companies.

The Act also contains provisions relating to the establishment of audit committees and the preparation of compliance statements by directors. In the course of the passage of the Bill through the Oireachtas these provisions were significantly amended. The result is that the requirements in both provisions have been ameliorated and while they apply to all public limited companies their application to private companies has been redefined. In the case of the compliance statement they only apply to private companies with a turnover in excess of €15.236 million and in the case of the audit committee to private companies with a turnover in excess of €50 million.

Consistent with his remit to encourage compliance with the Companies Acts, the Director of Corporate Enforcement commenced work earlier this year on developing guidance to assist the relevant companies and company directors to comply with the new directors compliance statement. He invited IBEC, the Institute of Directors, the Consultative Committee of Accountancy Bodies — Ireland and the Revenue Commissioners to assist him in finalising appropriate draft guidance. In late July, the director published a consultation paper and draft guidance on the compliance statement obligations for directors. His office also participated in the development by the Auditing Practices Board of equivalent draft guidance with respect to reports by auditors on the directors' compliance statements, and this was published by the board in August for comment. The closing dates for receipt of observations on the two sets of draft guidance for directors and for auditors was set at 30 September and 15 October, respectively.

I understand that the Director of Corporate Enforcement has received some 30 submissions to date and that he is now commencing to review the submissions in conjunction with representatives of those who assisted in preparing the original draft guidance. He has publicly indicated that he will shortly be referring to my Department for consideration the comments relating to the commencement of the relevant provision of the 2003 Act. It is the director's intention to publish definitive guidance on the obligation to prepare compliance statements as soon as possible after the making of the relevant commencement order.

The development of this guidance is welcome and should assist company directors in developing a common understanding of its scope and requirements. The associated consultation process is also consistent with the principles of transparency and effectiveness outlined in the Government's recent White Paper entitled Regulating Better. I believe that the Companies (Auditing and Accounting) Act 2003 is a reasonable, proportionate and balanced response to the concerns which arose from the PAC DIRT inquiry.

More generally, in the year 2000, a standing advisory body on company law, the company law review group, was set up to advise the Minister for Enterprise, Trade and Employment on the reform and modernisation of company law. The group brings together the expertise of business, regulators and social partners. Its first report, published in February 2002, sets out a blueprint to restructure, consolidate, simplify and modernise company law in Ireland. The Government approved this strategy and the general scheme of the Bill to give effect to these proposals is now being drafted.

Simplification and consolidation are in themselves core principles of good regulation. Moreover, a major focus of the Bill will be the simplification of procedures for incorporation and governance of private companies, with a consequent reduction in costs. The review group has an ongoing role in advising on striking the right balance to ensure that markets work efficiently, effectively and fairly, and that market failure is addressed appropriately through information, removal of barriers, enforcement or regulatory intervention. The general scheme of the new Bill will apply those principles throughout.

In so far as competition legislation is concerned, the Competition Act 2002 reduced the regulatory burden on companies by increasing the turnover thresholds and abolishing the asset threshold for mandatory notification of mergers and acquisitions. The Act also made provision for more effective enforcement of competition law.

Industrial Development.

Seán Ryan

Question:

59 Mr. S. Ryan asked the Minister for Enterprise, Trade and Employment the figures for the level of industrial employment at the latest date for which figures are available; the way in which these compare with those of the equivalent date in each of the previous five years; the steps being taken to counter the decline in industrial employment; and if he will make a statement on the matter. [23677/04]

Industrial employment has not experienced the same, almost consistent expansion that we have seen in other sectors of the economy over the past five years. The reduction in industrial employment after 2001 had much to do with the well-acknowledged global trading difficulties at that time. More recently, more intensive international competition that is a very real issue for many businesses has affected manufacturers based here. Nevertheless the most recent quarterly industrial employment figures for June shows an upturn in industrial employment on the previous quarter. Furthermore, the ESRI expects industrial employment to increase by 0.6% this year and by 1% in 2005.

Manufacturing is an intrinsic component of the economy and is likely to remain so despite services output and employment becoming more important. While industrial employment has declined in the past few years, we must view these losses against employment expansion in the broader economy. The latest quarterly national household survey, quarter two, 2004, shows that the total at work rose by 42,800 to more than 1.836 million in the year, while total employment has increased in each of the past five years. Some 247,100 more people or an extra 16.5% were at work in the March to May quarter this year, than in the corresponding period in 1999. The outlook for the Irish economy is good with the ESRI, in its quarterly economic commentary autumn 2004, expecting economic growth to increase this year to around 5.2%.

Enterprise policy is being actively refocused towards creating the conditions that will make possible a sustained shift to higher skill, knowledge-intensive activities and in which advanced manufacturing expertise will be an important contributor to growth and employment. These are essential if our enterprises are to capture sustainable competitive advantage in niche markets that are less susceptible to cost based competition. The range of incentives provided through the enterprise development agencies are designed to meet these objectives and to help enterprise operate at higher levels of skill and undertake higher order strategic investments, product development and innovation. The agencies want to be active and supportive partners with enterprise in helping new market oriented investment projects.

The enterprise strategy group recognised the importance of developing the specialised manufacturing skills we have developed. The ESG made a number of key recommendations that are being considered by a high level group, set up by my predecessor, to look at the most appropriate way to implement them. I will shortly be making a report to Government on their work and recommendations. I refer the Deputy to the following table.

Table 1: Total and Industrial Employment in Ireland,1999-2003

Industrial Employment (June of each year) Source: CSO — Industrial Employment

Total Employment (Mar-May of each year) Source: CSO Quarterly National Household Survey

1999

255,900

1,589,100

2000

268,800

1,671,400

2001

269,000

1,721,900

2002

256,500

1,763,900

2003

250,000

1,793,400

2004 *

243,700

1,836,200

*Preliminary estimate

Job Protection.

Eamon Ryan

Question:

60 Mr. Eamon Ryan asked the Minister for Enterprise, Trade and Employment the initiatives he views should be developed to encourage the retention of jobs within the country in view of the recent announcement of an expected 180 redundancies in one of Ireland’s largest general insurance companies and the concerns that such reductions may in part be caused by the outsourcing of some of the companies’ services to lower cost countries. [23592/04]

Bernard J. Durkan

Question:

77 Mr. Durkan asked the Minister for Enterprise, Trade and Employment the extent to which he intends to address the issue of job relocation to lower wage economies with particular reference to areas throughout this country that have been particularly affected in this regard; and if he will make a statement on the matter. [23614/04]

Pat Rabbitte

Question:

83 Mr. Rabbitte asked the Minister for Enterprise, Trade and Employment the steps he intends to take arising from the spate of job losses announced over recent months in firms (details supplied); his views on the high level of job losses in the traditional manufacturing sector; the steps being taken to address the job losses in this sector; and if he will make a statement on the matter. [23674/04]

I propose to take Questions Nos. 60, 77 and 83 together.

It is clear that the Irish economy has been undergoing substantial change for some time now, a change that has impacted on both the manufacturing and service sectors. A fundamental shift in our strengths and competitive advantages has taken place and our economy is now one typified by higher output and productivity together with high returns to labour in the form of wages, salaries and better living standards. Ireland has become a more prosperous and wealthy economy, converging with the broad income and prosperity levels of other member states of the EU. I doubt if anyone would have it any other way.

The change that is taking place across our enterprise base will continue and is inevitable. With this, some plant transfers and other adjustments are bound to come, but where relocation has occurred to date, it has largely been limited to relatively low technology labour intensive activities. This is not to minimise in any way the problems caused for those made redundant. In today's globalised economy, however, it would be foolish to expect that employment losses can be avoided. To counterbalance the competitive threat from lower cost competitor economies, both the country and firms operating here must move to higher levels of competitiveness and value added products and services.

Sustainable employment will be driven by companies with higher profitability, that are more technologically advanced, that prove a better fit with the competitive characteristics of our economy and are less likely to move on the basis of simple cost influences. This new investment will be sourced by a combination of developing existing clients and new investors in existing or new activities or sectors. Given the critical mass of FDI in Ireland and its linkages with indigenous companies, one of the greatest potential contributions will come from developing companies already operating here.

The enterprise development agencies have a determination to encourage companies into more sophisticated activities where competitive advantage in niche areas is less likely to be whittled away by simple cost based competition. The agencies provide a range of integrated programmes to support companies that want to make the strategic and sometimes difficult transition to extending both the sophistication and breadth of their operations. These supports are carefully tailored to the different needs of both the foreign and indigenous sectors.

From a regional perspective, differential financial supports are available to encourage more investment in regional centres. Efforts to attract new investment and to assist with issues such as re-training are reinforced by the development agencies in areas that have suffered job losses. The adoption of a national spatial strategy that recognises the need for regional growth centres is linked with IDA's strategy of setting up magnets of attraction in regional locations that sell a compelling reason to potential investors. Substantial software development activities have been attracted to Letterkenny and Mullingar, while financial services have been drawn to Wexford, Kilkenny and Galway.

The recent report of the enterprise strategy group recognises that we are at a turning point in terms of the competitive impact of global competition for markets and investments. That group made a number of key recommendations that are being considered by a high level group set up by my predecessor to look at the most appropriate route to implementing the recommendations. I will shortly be making a report to Government on their work and recommendations.

Question No. 61 answered with QuestionNo. 53.

Work Permits.

Aengus Ó Snodaigh

Question:

62 Aengus Ó Snodaigh asked the Minister for Enterprise, Trade and Employment his views on whether the welfare and quality of life of migrant workers would be greatly improved if measures were introduced to give the spouses of migrant workers the right to work in the State; when he intends to introduce such measures; and if he will make a statement on the matter. [23605/04]

Liz McManus

Question:

82 Ms McManus asked the Minister for Enterprise, Trade and Employment the number of work permits issued to date under the new arrangements to give access to employment to the spouses of non-EEA nationals working here; and if he will make a statement on the matter. [23661/04]

I propose to take Questions Nos. 62 and 82 together.

New arrangements were introduced earlier this year which were designed to give greater ease of access to employment for the spouses of certain non-EEA nationals working in the State under specified schemes and facilities. The non-EEA nationals concerned refer to persons working here on working visas — work authorisations, certain intra-company transferees, certain academics and researchers on work permits and certain registered medical professionals on work permits. The facilitation of access to work for spouses was achieved by eliminating the requirement that the employer in question advertise the job with FÁS in advance of making a work permit application; by the acceptance of applications for jobs in any category, providing the original work permit holder is skilled as defined, and by waiving the fees normally payable in relation to the application of a work permit.

A detailed set of guidelines, outlining the eligibility criteria and procedures relating to these arrangements, have been available on my Department's website, www.entemp.ie, since April. They have also been circulated to a range of Government Departments, health bodies and other relevant organisations, including employer organisations, to promote as wide a circulation of this information as possible.

My Department is precluded from considering work permit applications in respect of persons whose entry visas do not permit the employment of the visa holder. A total of 468 spousal permits were issued since the introduction of the new arrangements in February 2004.

Question No. 63 answered with QuestionNo. 54.

Flexible Work Practices.

Caoimhghín Ó Caoláin

Question:

64 Caoimhghín Ó Caoláin asked the Minister for Enterprise, Trade and Employment if he will report on the work being carried out by the national framework committee for work life balance; the measures he intends to take to improve work-life balance in order to further the goal of making workplaces more family friendly, including the legislation he intends to introduce in this regard; and if he will make a statement on the matter. [23607/04]

The development of work-life balance policies in Ireland is addressed on two fronts. First, through appropriate legislative measures which provide for statutory entitlements such as maternity leave, adoptive leave, carer's leave and parental leave. Further legislation is currently being finalised by my colleague, the Minister for Justice, Equality and Law Reform, to enhance certain provisions of existing legislation in relation to maternity, parental and adoptive leave. The main provisions of the new legislation will include; extended adoptive leave; paid time off work to attend ante-natal classes and an entitlement to take the parental leave in separate blocks of six continuous weeks.

Second, this development is addressed through the work of the national framework committee for work life balance policies, allied to a partnership approach in the workplace between employers, employees and trade unions. The committee has been charged with supporting and facilitating the development of a package of practical measures that can be applied at the level of the enterprise. One of the tasks assigned to the committee is to examine how best to improve access to family friendly working arrangements in order to realise the potential benefits that these arrangements would offer from both an equality and competitiveness perspective.

The national framework committee has undertaken and continues to undertake a range of activities, including: the national family friendly workplace day or work life balance day — as it is now known — has been an annual event since 2001; direct financial assistance to individual organisations to assist them in implementing or enhancing work-life balance working arrangements; assistance to organisations, through the establishment and part funding of a panel of consultants who are available to provide assistance to employers in implementing new working arrangements or developing existing work-life balance working arrangements; an interactive website —www.worklifebalance.ie; resources developed by ICTU and IBEC, which are represented on the committee, to assist their members in furthering work-life balance at the level of the enterprise; other information dissemination and exchange activities, including seminars at national and regional level, the publication of newsletters, leaflets etc.; and a number of pilot projects and research projects have been commissioned by the committee or undertaken on behalf of the committee. The most recent research published by the committee was Off the Treadmill — Achieving Work-Life Balance.

The committee is in the process of arranging a cost/benefit analysis of work life balance policies. The challenge to achieving work-life balance in individual enterprises is to establish policies that reflect the reality of the workplace and meet the many diverse needs of employees. I believe that a partnership approach is the best method of addressing work-life balance policies at this level in order to achieve tailor made solutions to the benefit of the workforce and the employer.

The Government is committed to the two pronged approach to achieving the goal of making workplaces more family friendly — the provision of statutory entitlements through legislative measures, and the voluntary approach at the level of the enterprise, which is encouraged at national level by the national framework committee for work life balance policies.

Job Creation.

Jimmy Deenihan

Question:

65 Mr. Deenihan asked the Minister for Enterprise, Trade and Employment the measures being undertaken to find replacement jobs for the Killarney area of County Kerry following the announcement of job losses at companies (details supplied); and if he will make a statement on the matter. [23626/04]

I am very disappointed at the recent job losses in Killarney, including those at Transmould and Scott Tools, and I am conscious of the adverse effects on the workers concerned and on their families.

Finding alternative employment for the workers affected is a priority for FÁS and the State development agencies. FÁS has contacted both companies and will make available its full range of support services including skills analysis, jobs placement, guidance and counselling interviews and identification of training needs and courses.

IDA Ireland continues to actively promote the south Kerry region to potential investors from a variety of sectors, including manufacturing and international services, through its network of overseas offices and project divisions, with every effort being made to secure new investments for the area. In addition to targeting potential new projects, IDA Ireland continues to work with the existing base of companies in the region with a view to supporting such companies with potential expansions and diversification of activities.

The agency has also completed site development works on its business and technology park in Killarney and is actively promoting this for new investment, including a new building facility in the park. These investments will put the area in a position to compete more strongly for inward investment in the ICT, software and international services sectors.

The major decentralisation programme announced in the budget includes 165 jobs to be relocated to Killarney. This move demonstrates the Government's commitment to balanced regional development and will provide a further boost to enterprise development in Kerry. The designation of Killarney as a hub town under the Government's national spatial strategy adds to the attractiveness of the county for overseas and indigenous investment.

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

Work Permits.

Brendan Howlin

Question:

66 Mr. Howlin asked the Minister for Enterprise, Trade and Employment the number of prosecutions initiated, in respect of each of the past five years, against non-nationals for working without a work permit and against employers for employing non-nationals without a work permit; the number of convictions obtained in each case; and if he will make a statement on the matter. [23662/04]

Following the enactment of the Employment Permits Act on 10 April 2003, it is illegal to employ a non-EEA national without a work permit where one is required. Prior to this enactment, there were no offence categories to cover this issue. The Act introduced offences for both employers and employees if a non-EEA national is in employment without a valid work permit. Any prosecutions initiated under the Act are a matter for the Garda Síochána, which comes under the auspices of the Department of Justice, Equality and Law Reform.

I am informed that the Department of Justice, Equality and Law Reform has made inquiries with the Garda authorities but it has not been possible in the time frame allowable to obtain the statistical information requested. My colleague, the Minister for Justice, Equality and Law Reform, will revert to the Deputy as soon as it is available.

Consumer Affairs.

Willie Penrose

Question:

67 Mr. Penrose asked the Minister for Enterprise, Trade and Employment the work to date of the consumer consultative panel; and if he will make a statement on the matter. [23671/04]

The work of the consumer strategy group is ongoing and has involved a number of initiatives. The website www.irishconsumer.ie has been established. A public consultation on consumer issues was held and individual consumers, representative organisations, businesses and any other interested parties were invited to contact the group with views and submissions by 9 July. The group produced a consultation paper entitled Components of Consumer Policy intended to assist those wishing to make a submission and to provide a framework for its work. In this paper, the group focused on the key principles guiding the consumer agenda — access, safeguards, advice and support, redress and consumer power — and also examined questions related to the business sector and consumers.

The group is conducting detailed research in a number of fields relevant to its work, including consumer attitudes, issues related to the retail sector, transport, the planning process and a number of other issues. The experience of other countries in implementing consumer policy is also being taken into account. The group has met with various parties, including officials of my own Department, the Director of Consumer Affairs, the Competition Authority and IFSRA. Numerous other meetings have been held with other relevant bodies in connection with the detailed work of the group.

The group is due to produce a final report by the end of 2004. I reiterate that the group's public consultation has provided a valuable opportunity for consumers to make their voices heard and any organisation or individual who has not yet made a submission is urged to do so.

Question No. 68 answered with QuestionNo. 26.
Question No. 69 answered with QuestionNo. 19.

Company Investigations.

Michael D. Higgins

Question:

70 Mr. M. Higgins asked the Minister for Enterprise, Trade and Employment the progress made to date by the Director of Corporate Enforcement with regard to the action he has taken under section 19 of the Companies Act 1990 in regard to certain companies in a group (details supplied); and if he will make a statement on the matter. [23655/04]

The Company Law Enforcement Act 2001 requires the Director of Corporate Enforcement to perform his functions with respect to the Companies Acts on an independent basis. The director also has a legal obligation to safeguard the confidentiality of information obtained by virtue of the performance of his functions. It is not therefore the practice of the director to report to me on any individual case or issue which is the subject of examination by his office.

It is however a matter of public record that the director has acted under section 19 of the Companies Act 1990, as amended, to require the production by AIB Investment Managers Ltd., of certain documents related to the investigations undertaken by AIB plc into the relationship between Faldor Ltd., AIB Investment Managers Ltd., and former senior AIB executives and other similar matters. In accordance with law, the director will make his own evaluation and decisions in relation to these matters in due course.

Consumer Affairs.

Kathleen Lynch

Question:

71 Ms Lynch asked the Minister for Enterprise, Trade and Employment when he intends to make the promised order under the Consumer Affairs Act to require doctors, dentists and allied health professionals to publicly display their prices; and if he will make a statement on the matter. [23668/04]

Work on the preparation of measures to increase consumer awareness of charges for medical and dental services, including the preparation of a charges display order under the Prices Acts, is continuing in my Department and will be brought to a conclusion as soon as possible.

Insurance Industry.

Olwyn Enright

Question:

72 Ms Enright asked the Minister for Enterprise, Trade and Employment if his attention has been drawn to concerns expressed by business groups that the percentage reductions in insurance premiums are significantly below the percentage increases in profitability of the main insurance companies here announced to date in 2004; if he will consider introducing an independent mechanism to investigate the profitability of insurance companies here to determine whether they are passing on the benefits of the insurance reform programme to policyholders; and if he will make a statement on the matter. [23621/04]

Brendan Howlin

Question:

73 Mr. Howlin asked the Minister for Enterprise, Trade and Employment the information available to his Department on the reported reduced level of premiums for motor insurance; if he has satisfied himself with the reported level of reduction, having regard to recent figures showing a huge rise in profit levels for the non-life insurance industry; and if he will make a statement on the matter. [23641/04]

I propose to take Questions Nos. 72 and 73 together.

Following the establishment of the Irish Financial Services Regulatory Authority and the coming to an end of my Department's lead role in the insurance reform programme, my colleague the Minister for Finance retains overall responsibility for policy and legislation in relation to the provision of financial services in Ireland. My colleague, the Minister for Transport, in the light of broader responsibility for road safety will take over the lead role in relation to policy and legislation on the availability and cost of motor insurance and any related inter-departmental co-ordination. The transfer of responsibilities to my colleague, the Minister for Transport, has been agreed and will be activated shortly following the completion of logistical issues relating to the transfer of an agreed number of posts from my Department to the Department of Transport.

The pricing and underwriting of insurance is a matter for individual insurance companies and EU law prevents Governments from intervening directly in relation to premium levels. However, Governments are free to take measures to improve the operation of the insurance market.

The CSO consumer price index statistics show that there was a reduction of 15.2 index points, 14.1%, in motor car insurance between the months of April 2003 — when the cost of private motor premia peaked, index 108.0 — and August 2004, which is the latest figure available, index 92.8. The CSO index is based on averages but individual policyholders have done much better as can be seen from data provided by the Motor Insurance Advisory Board.

Examples provided by MIAB for three specific companies between March 2003 and March 2004 indicates the following reductions: 10% to 16% in comprehensive insurance for a 30 year old male; 10% to 41% in comprehensive insurance for a 50 year old female; and 10% to 45% for third party, fire and theft insurance for a 21 year old male.

Recent reform measures taken have led to a better functioning insurance market. We are seeing enhanced profits reported by the Irish Insurance Federation and significant premium reductions which must continue as the full impact of the reform programme is felt. These new operating conditions in the insurance market enhance the attractiveness of the market to prospective new entrants. The insurance market is growing. Gross written premiums increased to over €4 billion in 2003 compared to just €2 billion in 1998. As the economy continues to grow, the insurance market will also continue to grow in size. Competition from new entrants attracted by better market conditions will be an important element in ensuring continuing downward pressure on premia.

World Trade Negotiations.

Gay Mitchell

Question:

74 Mr. G. Mitchell asked the Minister for Enterprise, Trade and Employment if he will report on recent talks between Russia and the EU on WTO membership; and if he will make a statement on the matter. [18795/04]

Russia's accession to the WTO is currently under negotiation in a WTO working party. Such accession negotiations include bilateral negotiations involving various WTO members with the country seeking accession. The 25 member states of the EU are represented in the WTO by the European Commission and, as such, it is the European Commission which conducted the bilateral negotiations with Russia. All member states, including Ireland, were involved in the preparation of the negotiations through the Article 133 Committee.

Bilateral discussions between the EU and Russia have been concluded and agreement has been reached across the full range of trade issues involved. The agreement takes into account the important sensitivities on both sides and is expected to create a momentum towards finalisation of Russia's accession. Final agreement on accession of Russia will, of course, be taken by the full WTO membership. Currently these accession negotiations are being negotiated at the WTO accession working group in Geneva.

Decentralisation Programme.

Denis Naughten

Question:

75 Mr. Naughten asked the Minister for Enterprise, Trade and Employment the discussions he has had with the Department of Finance regarding the decentralisation of the NSAI to Arklow and the impact this will have on the taxi industry; and if she will make a statement on the matter. [20324/04]

Discussions regarding the modalities of the decentralisation of the National Standards Authority of Ireland to Arklow between my Department and the Department of Finance are ongoing. The NSAI furnished an appropriate implementation plan to the decentralisation implementation group last May and that plan identifies impacts of the move on the business of the authority. The authority is currently developing a plan to ensure continuity of services during and post the decentralisation process.

Taxis throughout the State are subject to the provisions of legal metrology legislation and inspections and verifications are carried on nationally through a network of regional verification centres, RVCs. There are seven such centres located around the country and the RVC at Poppintree, Ballymun, services the taxi industry and other traders located in the greater Dublin area.

I understand from the NSAI that while legal metrology staff located in the NSAI's headquarters in Glasnevin will decentralise to Arklow this move will not involve the re-location of the Poppintree regional verification centre. The move of the NSAI to Arklow will not, therefore, alter the inspection and verification regime as it applies to the taxi industry.

Question No. 76 answered with QuestionNo. 23.
Question No. 77 answered with QuestionNo. 60.

Work Permits.

Gerard Murphy

Question:

78 Mr. Murphy asked the Minister for Enterprise, Trade and Employment the changes which are due to be introduced to the work permit system as reported in recent weeks in the media; and if he will make a statement on the matter. [23625/04]

Changes are being considered with regard to the administration of the work permits system. My Department is considering the feasibility of creating an integrated customer service for customers of our economic immigration services. This would involve the establishment of a one-stop shop for immigration services. In addition, the issue of security of tenure for immigrant workers will also be addressed.

My Department has recently written to the Departments of Justice, Equality and Law Reform and Foreign Affairs with a view to forming a working group to discuss these two issues. I anticipate this group will report with its findings within six months.

Economic Competitiveness.

Arthur Morgan

Question:

79 Mr. Morgan asked the Minister for Enterprise, Trade and Employment his views on whether house prices and lack of available child care are having a serious negative impact on competitiveness in the State. [23608/04]

I should point out that housing policy and child care policy issues come under the auspices of my respective colleagues, the Ministers for the Environment and Local Government and Justice, Equality and Law Reform.

In so far as competitiveness issues are concerned, the National Competitiveness Council, NCC, monitors and reports on Ireland's competitiveness position. Each year the NCC publishes the annual competitiveness report and the national competitiveness challenge on the key competitiveness issues facing the Irish economy in the forthcoming year. These reports offer us an important insight into the present condition of Irish competitiveness and also offer a list of policy recommendations designed to protect and enhance Ireland's competitive position. The NCC expects to publish its reports for 2004 later this month.

In September this year the NCC published a statement on prices and costs. The statement which benchmarked Ireland's competitiveness ranking among a survey of 16 countries, focused on consumer prices, cost of labour, office rents, energy costs, telecommunications, insurance, local charges and the cost of capital. The statement confirmed that Ireland is an expensive location for many goods and services. However, house prices and the availability of child care were not specifically identified in the NCC's statement as impacting on competitiveness.

That said, clearly costs in these areas impact upon the cost of living generally which can in turn impact upon wage negotiations and ultimately payroll costs. However, in the case of housing, the record number of completions in the past year is having a decelerating effect on house price increases while progress in the implementation of the national child care strategy, which has a funding level of the order of €450 million over the period 2000 to 2006, is contributing to significant quality child care provision.

Improving Ireland's cost competitiveness will continue to be a priority for this Government. In this context I look forward to receiving the NCC's reports for 2004, and to addressing the issues to sustain Ireland's competitiveness.

Company Closures.

Joan Burton

Question:

80 Ms Burton asked the Minister for Enterprise, Trade and Employment if his attention has been drawn to the fact that the liquidator of the former IFI has accepted the trustees of the Northern Ireland pension scheme for former Belfast employees, as unsecured creditors of the company; the implications this will have for former employees here; if it is still his view as previously stated to Dáil Éireann that it was hoped and expected that all creditors would be paid in full; and if he will make a statement on the matter. [23648/04]

While I understand that a claim on the liquidation has been made by the trustees of the pension scheme covering the former IFI employees in Belfast, I also understand that the liquidator, in consultation with his legal and actuarial advisers, is still considering whether, and to what extent, this claim is admissible. Until the status of this claim is established, it is not possible to assess its implications, if any, for other creditors of IFI, including the former employees in the Republic.

At this stage, considerable progress has been made on the liquidation and all secured and preferential creditors have been, or are in the process of being, paid. However, as my predecessor, the Tánaiste, has always made clear, the position of unsecured creditors cannot be determined until all the assets of the company, including the company's main production sites at Arklow and Marino Point in Cork, have been realised and all liabilities established. In this context, the price that is eventually achieved for the sale of the sites is clearly going to be a key determinant of the final position. I am also aware that significant additional claims from former employees have, on legal advice, been accepted by the liquidator. Clearly, the identification of significant additional liabilities such as these, which were not reflected in the statement of affairs prepared by the board of IFI at the time of the liquidation, can be expected to have an adverse impact on the prospects for other unsecured creditors.

Competition Authority.

Ciarán Cuffe

Question:

81 Mr. Cuffe asked the Minister for Enterprise, Trade and Employment his views on the comments by a person (details supplied) that the Competition Authority can effectively veto the lawyers chosen by any party it is investigating and that this amounts to a breach of human rights. [23597/04]

The Competition Act 2002 enhanced the independence of the Competition Authority and section 37(5) of the Act provides that the Authority may regulate its own procedures.

The comments on which my views are requested were apparently made at a conference and reported in a national newspaper. They reflect the views of one legal practitioner on a particular notice published by the Competition Authority on which, I understand, the authority obtained legal advice from senior counsel prior to publication.

The making of this notice is, however, a matter for the Competition Authority which is an independent statutory body. Accordingly, I do not consider it appropriate for me to comment further.

Question No. 82 answered with QuestionNo. 62.
Question No. 83 answered with QuestionNo. 60.

Departmental Expenditure.

Olwyn Enright

Question:

84 Ms Enright asked the Minister for Enterprise, Trade and Employment the amount of money paid out by his Department in public relations fees; the name of the firm that was paid the highest amount; the amount paid to a specific firm (details supplied); the amount of money paid out by the Department in other consultancy fees; the name of the firm or individual paid the highest amount for the most recent 12 month period; and if he will make a statement on the matter. [23864/04]

Officials of my Department are currently compiling the information requested by the Deputy. However, establishing the total amount of fees paid out by the Department in relation to consultancies and further determining the proportion of that amount which relates to sums paid out in respect of public relations fees will require a significant amount of staff time and resources and this information cannot be provided to the Deputy within the current timescale. It will, however, be forwarded to her as soon as it is compiled

Olwyn Enright

Question:

85 Ms Enright asked the Minister for Enterprise, Trade and Employment the total amount of money paid out by his Department in legal fees; the details of the firms paid the greatest amount of fees; the total amount of money paid out in legal settlements; the number of such settlements; the total number of claims against his Department, for the most recent 12 month period; and if he will make a statement on the matter. [23878/04]

Officials of my Department are currently compiling the information requested by the Deputy. However, establishing the total amount of legal fees paid out by the Department and determining the proportion of that amount which relates to sums paid out in settlement of legal proceedings will require a very significant amount of staff time and resources and this information cannot be provided to the Deputy within the current timescale. It will, however, be forwarded to her as soon as it is compiled.

Ministerial Appointments.

Dan Boyle

Question:

86 Mr. Boyle asked the Minister for Enterprise, Trade and Employment the public appointments made by his Department between 1 July and 30 September 2004. [23909/04]

The following public appointments were made by my Department between 1 July and 30 September 2004. Enterprise Ireland: Ms Lorraine Benson, Department of Enterprise, Trade and Employment (26/07/04); Ms Margaret Daly, Operations Manager, Irish Environmental Service (Hazardous Waste Management) (17/09/04); Mr. Gerard O'Malley, Humans Recourses Solutions and Executive Search Consultancy (17/09/04). Shannon Development: Mr. Kieran Grace, Department of Enterprise, Trade and Employment and Mr. William Loughnane were reappointed by rotation to the board of Shannon Development on 6 July 2004. The reckonable date for both of them is 25 June 2004. Forfás: Mr. Eoin O'Driscoll, Managing Director, Aderra Consultancy Firm was appointed chairperson to the board on 13 July 2004. Science Foundation Ireland: Dr. Kristina Johnson, Dean of the school of engineering, Duke University, North Carolina, USA (reappointed 21 September 2004). Dr. Jane Grimson, Vice Provost, Trinity College, Dublin (reappointed 21 September 2004). Labour Court Appointments: Pádraigin Ní Mhurchú (reappointed 3 September 2004). Labour Relations Commission — Rights Commissioner Appointments: Joan Carmichael (appointed 26/7/04) Lenore Mrkwicka (reappointed 1/8/04) Gerry Fleming (reappointed 4/8/04). Members to the Expert Advisory Group on Bullying: the following members were appointed since July 2004: Mr. Paul J Farrell, partner, IBM Ireland Ltd.; chair Ms Patricia Murray, Health and Safety Authority; Mr. Seamus Doherty, Labour Relations Commission; Ms Barbara Cashen, Equality Authority; Mr. Fergus Whelan, industrial officer, ICTU; Mr. Peter Flood, assistant director of social policy, IBEC; Mr. Brian Montague, director of group human resources, Eircom Ltd. Ms Maura Harte, employee support manager, HR Department, Western Health Board; Mr. Jarleth McInerney, solicitor; Professor Mona O'Moore anti-bullying centre, Trinity College Dublin; Ms Marie Corcoran, HR consultant; Mr. Kevin Walsh, former HR manager, Diageo; Ms Marie Rock, HSA board member; Ms Louise O'Donnell, HSA board member; Mr. Martin Lynch, Department of Enterprise, Trade and Employment; Ms Lucy Fallon Byrne, National Centre for Partnership and Performance. Irish Auditing and Accounting Supervisory Authority: Mr. Ian Drennan was appointed in July 2004 as chief executive officer designate to the Irish Auditing and Accounting Supervisory Authority, IAASA. The date for the formal establishment of statutory IAASA is not yet decided and Mr. Drennan is presently working with the interim board.

Company Closures.

Gerard Murphy

Question:

87 Mr. Murphy asked the Minister for Enterprise, Trade and Employment if his attention has been drawn to the fact that there will be a shortage of slaughter capacity for pigs as a result of the closure of a plant (details supplied) in County Cork; his views on whether the slaughter capacity in Northern Ireland cannot be relied on totally, as was evident by recent outbreak of foot and mouth in the North; and his further views on whether keeping pig processing open in Mitchelstown would be the most effective way of achieving concrete results for the special task force that was set up by the previous Minister to secure employment for the town. [23929/04]

I thank the Deputy for bringing the issue of slaughter capacity for pigs to my attention. The decision by the company in question to cease slaughtering activities in Mitchelstown was a commercial decision made by the company and was taken following a comprehensive review of the cost competitiveness of its pigmeat division, Galtee Meats, and that division's performance as a profit centre.

Since the announcement of the Galtee closure the Department of Agriculture and Food has maintained regular contact with the Irish Farmers Association, IFA, Enterprise Ireland and other pig processors with a view to ensuring that a seamless and streamlined transition of the producer/processing supply chain would be established. There is agreement among the main processing entities and by Enterprise Ireland, that sufficient processing capacity is available in the country to absorb the surplus that will arise from this closure. It is important that a smooth and orderly dispersal of the Galtee supply of pigs takes place between now and the closure date. I understand that Dairygold, other pig processors and the IFA are devoting considerable attention to this matter and it is important that all concerned work towards this objective.

A task force has not been established for Mitchelstown. The State development agencies work closely with each other as well as other local bodies and interests including county councils, in facilitating an integrated approach to enterprise development. This co-operative framework was enhanced with the establishment of county development boards on which the State agencies are represented, and can be used effectively to address major job losses in the regions. In the Mitchelstown case, a proposal to engage, with the participation and support of Dairygold and local interests, in a socio-economic evaluation of the area is currently being progressed. I am informed that a proposal will be presented to Dairygold in the next few weeks in this regard and I would like to see this co-operative approach to job creation difficulties for the area advanced.

Insurance Industry.

Bernard J. Durkan

Question:

88 Mr. Durkan asked the Minister for Enterprise, Trade and Employment the steps he has taken or proposes to take to control industrial costs with particular reference to insurance; and if he will make a statement on the matter. [23704/04]

The National Competitiveness Council, NCC, statement on prices and costs 2004 highlights the key areas that contribute to Ireland's cost base and which affect our competitiveness. In addition to this statement, each year the NCC undertakes a comprehensive benchmarking exercise comparing Ireland's performance across a wide range of indicators against 15 other countries. This benchmarking exercise provides the statistical analysis for the NCC's annual competitiveness report, which is published each year in conjunction with the council's report on the key competitiveness issues facing the Irish economy in the forthcoming year. This report is entitled the Competitiveness Challenge.

These reports will be published later this month and will contain detailed recommendations designed to address weaknesses in Ireland's competitiveness performance across a range of areas including cost. I look forward to receiving these reports and to addressing the issues to sustain Ireland's competitiveness. The recommendations will require attention across a range of Departments and will be considered by an interdepartmental group set up to take the issues forward.

In relation to insurance, a key initiative in my Department was the establishment of the Personal Injuries Assessment Board, PIAB. By eliminating the need for litigation costs where legal issues are not in dispute, the PIAB will significantly reduce the cost of delivering compensation.

Bernard J. Durkan

Question:

89 Mr. Durkan asked the Minister for Enterprise, Trade and Employment the place in which Ireland stands in the international league of export competitors in respect of insurance costs; and if he will make a statement on the matter. [23703/04]

The NCC statement on price and costs 2004, which benchmarked Ireland's competitiveness ranking among a survey of 16 countries, showed that Ireland's expenditure on insurance ranked fifth highest for non-life insurance behind Switzerland, the US, the Netherlands and the UK.

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

On the publication of the NCC statement on price and costs, the chairman of the NCC noted that the fall in the cost of insurance for many businesses and consumers over the last year has demonstrated the potential of determined government action in lowering prices for consumers and improving cost competitiveness for business.

Work Permits.

Bernard J. Durkan

Question:

90 Mr. Durkan asked the Minister for Enterprise, Trade and Employment the number of work permits applied for and granted or refused in the past 12 months; and if he will make a statement on the matter. [23702/04]

Some 38,482 valid work permit applications were received in the 12 months up to 30 September 2004. Of that figure 12,821 new permits were issued, 23,624 renewal permits were issued and 2,037 permits refused.

Economic Competitiveness.

Bernard J. Durkan

Question:

91 Mr. Durkan asked the Minister for Enterprise, Trade and Employment the main factors affecting the competitiveness of Irish products on overseas markets; and if he will make a statement on the matter. [23699/04]

Bernard J. Durkan

Question:

95 Mr. Durkan asked the Minister for Enterprise, Trade and Employment if he has satisfied himself that industry here can adequately compete in the export markets in view of the high costs here; and if he will make a statement on the matter. [23695/04]

I propose to take Questions Nos. 91 and 95 together.

Given the fact that Ireland is one of the world's most open economies, firms must be competitive to succeed both in the domestic market and in international markets. Firms operating here in Ireland have been adversely affected by a rise in the cost of goods and services, wages and business costs in recent years. However, there are many different factors, which contribute to Ireland's overall competitiveness other than just prices and costs. A competitive taxation regime, a highly educated and flexible workforce, low levels of business regulation, access to European markets as well as a shift towards higher end-value products and services all combine to create a positive business environment for exporting firms operating in Ireland.

Ireland's trading performance has been remarkable in recent times. Exports constitute an increasing share of the economy's total output of goods and services. They make a substantial contribution to employment creation and maintenance, and underpin a positive trade surplus position. Since the strong appreciation of the euro against both the US dollar and sterling and given the fact that the USA and the UK are Ireland's largest trading partners, Ireland's competitiveness has been significantly affected. However, despite this Ireland's trade remains strong with the most recent figures showing that total merchandise exports were worth €41.8 billion in the period January to June 2004, an increase of 4% on the same period in 2003.

We are no longer a low cost economy and as such our future competitiveness and prosperity is dependent upon our ability to move further up the value chain and become an innovative knowledge intensive economy. The Government is, furthermore, determined to improve Ireland's cost competitiveness and this will remain a high priority into the future.

Bernard J. Durkan

Question:

92 Mr. Durkan asked the Minister for Enterprise, Trade and Employment if he has satisfied himself that industry here can become competitive in the international export markets in view of the high rate of relocation to lower wage economies; and if he will make a statement on the matter. [23698/04]

Bernard J. Durkan

Question:

93 Mr. Durkan asked the Minister for Enterprise, Trade and Employment if he intends to take initiatives to combat relocation to lower wage economies; and if he will make a statement on the matter. [23697/04]

I propose taking Questions Nos. 92 and 93 together.

The competitive characteristics of our enterprise base has made a reliance on low technology, basic manufacturing less sustainable than it was in the past. There has been a fundamental shift in the strengths and competitive advantages of our economy, which is now one typified by higher output and productivity together with high returns to labour in the form of wages, salaries and better living standards.

Clearly, a more attractive cost environment abroad will inevitably attract some firms that are unable to produce in the high-wage environment of modern industrial economies. The continuing structural transformation of our economy is inevitable. With this, some plant transfers and other adjustments are bound to come, but where relocation has occurred to date, it has largely been limited to relatively low-technology, labour-intensive activities — those least suited to the economy we have become. Over the past few years the enterprise support agencies under my Department have been mandated to adjust their support strategies to meet both the needs of society in terms of high quality employment opportunities and the needs of businesses that generate and sustain those jobs.

The agencies have had a good deal of success in attracting higher value replacement enterprises, in line with our policy of moving enterprise in Ireland to higher value output in both products and services. This changing specialisation is a reflection of changing comparative advantage, where we will retain those jobs that are human capital and technology intensive and characterised by high productivity and correspondingly high real wages. I want to sustain this evolution in enterprise development.

The range of incentives provided through the enterprise development agencies are designed to meet this objective and to help enterprise operate at higher levels of skill, undertake higher order strategic investments, product development and innovation. I intend that these will be subject to periodic performance review against the different but converging needs of both foreign and indigenous firms. At the end of the day, businesses make their own investment decisions and it is my intention to ensure that when they do, we are seen as a secure, world-class location to meet their most demanding competitive criteria.

Outsourcing and relocation are inevitable in a free market and our economic performance has benefited considerably from winning investment from other economies. Future policies must ensure we are more open to the opportunities that expanding and less restricted global markets provide. For example, my Department recently completed an expenditure review of Enterprise Ireland's, EI, overseas office network. The review made a number of recommendations aimed at increasing both the efficiency and effectiveness of the network. As a result EI has reorganised its corporate structure and formed a new division incorporating the overseas offices and dedicated to assisting clients to penetrate new markets and expand in existing ones. As Irish companies become more internationally focused and move up the value chain, it may be necessary to tackle competitive challenges in new and flexible ways. This may, for example, involve outsourcing less competitive activities, acquiring new technology or skills through alliances or other collaborative activity. This is a legitimate business strategy for certain companies as it can ensure longer term survival against intensifying competition, while retaining high skills and high knowledge activities at home. The expenditure review has recommended that Enterprise Ireland assist those clients who would benefit from outsourcing or internationalising their activities. Such assistance, however, would have to be part of a client's overall business plan aiming to improve a suite of key business functions such as marketing, finance, human resources, research and development and production.

Regarding the broad direction of enterprise policy, the enterprise strategy group recently reported with a range of recommendations to improve the environment for doing business in Ireland. The group's proposals also seek to substantially enhance our enterprise base by identifying current capability gaps and acting to deliver the skills necessary for sustainable success on world markets. My predecessor set up a high level group to plan how best to implement the ESG recommendations, where appropriate, and to report to Government. I will shortly be informing Government about the high level group's work and on initiatives to reinvigorate enterprise supports towards meeting the strategic objectives supporting the ESG's recommendations.

Employment Trends.

Bernard J. Durkan

Question:

94 Mr. Durkan asked the Minister for Enterprise, Trade and Employment the net number of jobs lost or created in the past 12 months; and if he will make a statement on the matter. [23696/04]

The Forfás annual employment survey monitors employment trends among clients of the principle enterprise development agencies. As the survey is undertaken towards the end of the year, data for 2004 will not be available until December or early January.

The 2003 survey indicates that employment levels in agency-supported companies stood at 297,549. While 22,769 new jobs were created in agency-supported companies, job losses of 30,119 resulted in a net decrease of 7,350 on 2002. While there were 19,014 less jobs in manufacturing and internationally traded services compared with the peak of 316,563 in 2000, employment in agency clients is still one third higher than it was a decade ago when it stood at 224,343.

In the past few years, conditions in the global economy have not been easy for companies doing business overseas. Firms operating here and with an international focus have had to win business against a backdrop of sluggish external demand, pricing pressures, and an increasingly competitive international environment. All these factors contributed to employment reduction in the agency supported sector.

In the broader economy, however, pro-enterprise policies are encouraging employment growth. The latest quarterly national household survey, quarter 2, 2004, shows that the total at work rose by 42,800 to more than 1.836 million in the year. Continuing strong job creation is a unique feature of our economy compared with other EU economies. In line with strong job gains, unemployment has remained remarkably low at around 4.4% — among the lowest rates in the EU. Job opportunities in the labour market are still varied and there is no sign that job seekers are finding it difficult to either find employment or change jobs. Furthermore, long-term unemployment has continued to decline. The latest rate of 1.4% is just above its lowest rate in 15 years.

Ireland is now a high reward, modern and successful economy as a result of the enterprise development policies implemented over the past ten years. These have provided entrepreneurial incentives and driven investment and employment across the economy. Because our economy is so open to world trade flows we will benefit from a better pace of global growth that now seems to be taking place. This I expect will further sustain both economic growth and job creation.

Question No. 95 answered with QuestionNo. 91.

International Agreements.

Eamon Ryan

Question:

96 Mr. Eamon Ryan asked the Minister for Enterprise, Trade and Employment if he will report on the outcome of the summer 2004 negotiations on the Doha trade development round; the main implications from the negotiations for agriculture and other industries here. [23789/04]

The Government is particularly pleased with the outcome of the end July 2004 World Trade Organisation, WTO, general council meeting which agreed a framework to further progress the Doha Development Agenda, DDA. The framework agreement adopted by WTO members sets the parameters for the next stages of negotiation of the DDA.

Over coming months and next year, the WTO members will develop the agreed framework into concrete, detailed and specific commitments under each of the key areas of interest, including in agriculture, non-agricultural products and services. In the case of agriculture, the framework will include negotiations aimed at a substantial cut in trade-distorting supports, the elimination of trade-distorting export competition practices and a significant opening of agricultural markets. In the case of industry, a set of precise guidelines to cut tariffs has been adopted. The framework, in addition, pays close attention to the needs and concerns of developing country members of the WTO.

These negotiations will take place with a view to completing the round as soon as possible. When the Doha round was launched in November 2001, negotiations were scheduled to conclude by 1 January 2005. This is not now going to happen. Alongside the adoption of the framework agreement, the WTO general council, at end July, agreed that the next WTO ministerial meeting will take place in Hong Kong, in December 2005.

As a small open economy, particularly reliant on exports for economic growth and development, Ireland supports a strengthening of the WTO and of the multilateral trading system and an ambitious approach to the elimination of remaining barriers to trade in goods and services. Issues of importance to Ireland under the current round are the conclusion of agreements to further liberalise trade in the areas of agriculture, manufacturing and services, and measures to assist developing countries, and in particular least developed countries, better integrate into the global trading system.

Departmental Expenditure.

Olwyn Enright

Question:

97 Ms Enright asked the Minister for Defence the amount of money paid out by his Department in public relations fees; the name of the firm that was paid the highest amount; the amount paid to a specific firm (details supplied); the amount of money paid out by the Department in other consultancy fees; the name of the firm or individual paid the highest amount for the most recent 12 month period; and if he will make a statement on the matter. [23865/04]

Some €2,296 was expended by my Department on public relations fees in the last 12 months. The highest amount paid was €1,734 to Windmill Lane Studios for the production of promotional material for the Defence Forces. Some €73,326 was paid by my Department in other consultancy fees in the same period. The highest amount paid was €45,000 to Magnus Opus for telecommunication services.

Olwyn Enright

Question:

98 Ms Enright asked the Minister for Defence the total amount of money paid out by his Department in legal fees; the details of the firms paid the greatest amount of fees; the total amount of money paid out in legal settlements; the number of such settlements; the total number of claims against his Department, for the most recent 12 month period; and if he will make a statement on the matter. [23879/04]

In the 12 months ending 30 September, 2004 my Department has spent €2.78 million in legal costs.

Plaintiffs' settlements amounted to €6.84 million in the process of settling 629 cases. In addition, there were 97 cases withdrawn or dismissed.

There are 2,127 litigation claims outstanding against my Department of which 240 have been registered in the past 12 months.

Details of the top ten solicitors paid by costs over the period in question are contained in the following tabular statement.

Top 10 Solicitors by costs paid from 1/10/03 — 30/9/04

Solicitor

Costs

No. of Cases

Maxwell Mooney & Co.

636,188.09

128

Byrne Carolan Cunningham

529,702.82

82

Doody

299,175.16

46

Nolan Farrell & Goff

249,216.30

1

Patrick V. Boland & Son

198,983.21

23

Murphy English & Co.

165,941.21

8

Maguire McClafferty

147,467.62

1

H. C. Browne & Co.

101,094.62

1

Patrick J. Groarke & Son

87,276.45

1

Eamon O’Brien

76,218.35

19

Ministerial Appointments.

Dan Boyle

Question:

99 Mr. Boyle asked the Minister for Defence the public appointments made by his Department between 1 July and 30 September 2004. [23910/04]

No public appointments were made by my Department between 1 July and 30 September 2004.

Army Barracks.

Seymour Crawford

Question:

100 Mr. Crawford asked the Minister for Defence the status regarding the proposed improved facilities at Monaghan Army barracks; the details of the improvements in the proposals; if finance has been sanctioned for the proposals; when work will commence on same; and if he will make a statement on the matter. [23967/04]

Proposals for certain works at Monaghan barracks, which include the upgrade of the cookhouse/kitchen and the ration store, are currently under consideration in my Department. I expect that a decision will be made on the matter in the near future.

Farm Retirement Scheme.

Olwyn Enright

Question:

101 Ms Enright asked the Minister for Agriculture and Food the reason the early retirement scheme from farming has not been index-linked in line with inflation; if she will consider introducing such a measure; and if she will make a statement on the matter. [23801/04]

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

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

Grant Payments.

Paul Kehoe

Question:

102 Mr. Kehoe asked the Minister for Agriculture and Food if a person purchases forestry land with premium, can they keep the premium if they own no previous forestry land or a herd number; and if she will make a statement on the matter. [23802/04]

There are two rates of forestry premium, one for farmers and one for non-farmers. Upon purchase of forestry land on which any such premium is being paid, a purchaser with no previous involvement in forestry or farming may claim premium at the non-farmer rate.

Seymour Crawford

Question:

103 Mr. Crawford asked the Minister for Agriculture and Food when a person (details supplied) in County Monaghan can expect to receive an area aid based payment; and if she will make a statement on the matter. [23832/04]

The 2004 area aid application for the person named has been fully processed with an area determined for payment purposes of 17.16 hectares. Payment of her full entitlement under the 2004 area based compensatory allowance scheme could not be made until a potential stocking density problem had been resolved but, now that this has been done, payment will issue shortly.

Paddy McHugh

Question:

104 Mr. McHugh asked the Minister for Agriculture and Food the position regarding the force majeure appeal by a person (details supplied) in County Galway; and if she will make a statement on the matter. [23838/04]

The person named lodged an application under the 2003 ewe premium scheme on 19 July 2004 together with a medical certificate stating that due to illness he was not in a position to lodge an application during the application period running from 4 December 2002 to 3 January 2003.

On 20 August 2004 the person named was informed that he did not qualify for any payment under the scheme. Following an appeal, he was asked on 28 September 2004 to submit documentary evidence to show that the sheep applied on were in his ownership and possession throughout the retention period, that is, 4 January 2003 to 13 April 2003.

When the evidence requested is received, my Department will review it along with the medical evidence already submitted to see whether or not payment can be made.

Departmental Expenditure.

Olwyn Enright

Question:

105 Ms Enright asked the Minister for Agriculture and Food the amount of money paid out by her Department in public relations fees; the name of the firm that was paid the highest amount; the amount paid to a specific firm (details supplied); the amount of money paid out by the Department in other consultancy fees; the name of the firm or individual paid the highest amount for the most recent 12 month period; and if she will make a statement on the matter. [23866/04]

During the period involved, no moneys were paid by my Department either to public relations firms or to the specific firm in question. The information requested by the Deputy in connection with consultancy fees is outlined in the attached schedule. The highest amount was paid to Deloitte and Touche in respect of EAGGF accreditation.

Consultancy Fees

Consultant

Nature

Payments (€) (7 October 2003 — 6 October 2004)

Research Consulting

Food Labelling Research for Consumer Liaison Panel

45,810.60

Torchlight Consulting

2,420.00

Dr. Denis Kelleher

Servicing of Pedigree Sheep, Breeding Improvement Programme, 2002/2003

970.00

Mr. Brendan Shiels

Carrying out of Feasibility Study on the future viability of an organic college in Limerick

13,915.00

Research Solutions Ltd.

Research-National Organic Logo

18,053.20

AFCON

Mid-Term Evaluation of the CAP Rural Development Programme

68,937.00

Cap Gemini Ernst & Young

Consultancy advice in the development of the new ICT Strategy

89,600.50

RITS

Monthly testing of Interest security measures with written report

31,009.30

Morehampton Consultancy Services

Report on implementation of previous IT Strategy

8,400.00

Enterprise Process Consulting

Scoping study for SAP R/3 Enterprise Upgrade

51,425.00

BearingPoint Ireland Ltd.

Review of organizational structure and management framework of all Departmental laboratories

22,869.00

Agridata

On-going development of Reactor Herd Management System

7,553.81

Deloitte & Touche

EAGGF Certification

235,727.00

PricewaterhouseCoopers

Risk Management Consultancy

32,819.00

Petrus Consulting

External Evaluator on Expenditure Review — Beef Classification Scheme

2,813.00

Raymond Burke Consulting

External Evaluator on Expenditure Review — Installation Aid Scheme

5,021.00

Petrus Consulting

External Evaluator on Expenditure Review — Purchase for Destruction Scheme

2,934.00

Richard Boyle / IPA

External Evaluator on Expenditure Review — Potato Sector

2,420.00

Richard Boyle / IPA

External Evaluator on Expenditure Review — Overseas Development Assistance

2,420.00

Petrus Consulting

External Evaluator on Expenditure Review — Farm Waste Management Scheme

1,334.00

Peter Bacon & Associates

Undertaking of review and appraisal of Ireland’s Forest Development Strategy

147,620.00

Brady Shipman Martin

Planning advice in respect of Coldstore

3,339.00

Liam Ó hAlmhain Technical Consultant

To oversee implementation of action plan at Enfer Testing Services Ltd.

6,050.00

Det Norske Veritas (DNV)

Risk analysis of Coldstore used to store BSE positive carcases

15,283.00

McAllister Devereaux Keating

Fire Safety Consultants — issues raised by Fire Authority in relation to Coldstore.

5,808.00

H. Griffith, Quirke & Sons Ltd.

Proposal for a Council Regulation on the Protection of Animals during Transport.

8,622.10

Liam Ó hAlmhain

Oversee implementation of action plan at Enfer Testing Services Ltd.

2,549.00

Departmental Expenditure.

Olwyn Enright

Question:

106 Ms Enright asked the Minister for Agriculture and Food the total amount of money paid out by her Department in legal fees; the details of the firms paid the greatest amount of fees; the total amount of money paid out in legal settlements; the number of such settlements; the total number of claims against her Department, for the most recent 12 month period; and if she will make a statement on the matter. [23880/04]

Total legal expenditure incurred by my Department from 8 October 2003 to 7 October 2004 was €1,067,466.00. A breakdown of fees and settlements is being compiled which I will forward to the Deputy within the next week.

Food Safety Standards.

Richard Bruton

Question:

107 Mr. R. Bruton asked the Minister for Agriculture and Food if her attention has been drawn to the fact that many milkmen are giving up doorstep deliveries because of the requirement by milk companies that they have refrigerated vans; and if she plans to exercise her power to exempt doorstep deliveries from the requirements of this EU statutory instrument. [23901/04]

The conditions for the sale of milk at retail level, including those relating to temperature, are set out in SI No. 9 of 1996. The statutory instrument provides that, during transport, the temperature of pasteurised milk must not exceed 60° C. It also provides that the Minister may grant a derogation from this requirement in the case of doorstep deliveries. No requests for such an exemption have been received in my Department. Any such requests would be considered on their merits. Ensuring the safety of milk and milk products at retail level is primarily the responsibility of the local authorities' public health protection services and of the health boards. My Department would therefore have to consult with them in considering any request for an exemption.

Ministerial Appointments.

Dan Boyle

Question:

108 Mr. Boyle asked the Minister for Agriculture and Food the public appointments made by her Department between 1 July and 30 September 2004. [23911/04]

The information requested by the Deputy is contained in the following schedule.

SCHEDULE

Public Appointments to State Boards/ Bodies / Other

Name

Date of Appointment

An Bord Bia

Mr. Kieran Dunne

14 September 2004

Ms. Katherine O’Leary

15 September 2004

Chairperson of Consumer Liaison Panel of the Dept. of Agriculture & Food

Ms Marian Finucane

26 July 2004

Coillte Teoranta

Mr. Michael Lalor

14 July 2004

Irish National Stud Co. Ltd.

Mr. Dermot Weld

9 September 2004

Ms. Patricia O’Kelly

Mr. Denis F. Sheehy

24 September 2004

Teagasc

Mr. Stephen Flynn

1 July 2004

Genetically Modified Organisms.

Martin Ferris

Question:

109 Mr. Ferris asked the Minister for Agriculture and Food if she will make a statement on the growing opposition among farmers’ organisations to the possible introduction of genetically modified crops. [23923/04]

The rules governing GMOs are set down in EU legislation which has been jointly adopted by the European Parliament and Council under the co-decision procedure. This legislation ensures that the EU has the most stringent assessment and control measures in place for the cultivation and use of GM crops and GM food within the Community. These measures which include strong labelling and tractability requirements will ensure that the highest standards of food safety and environmental protection apply equally across the Community. On the issue of growing genetically modified crops and their co-existence alongside non GM crops, the Commission in conjunction with the European Parliament and Council decided that controls in this area should be addressed at member state level under a series of guidelines. As a result, all member states, including Ireland, are currently in the process of drawing up strategies and best practices to enable the effective co-existence of GM crops with non-GM crops. An interdepartmental/ interagency working group has been established within my Department to develop proposals for such strategies.

The working group, as part of its work programme, invited observations from all of the relevant stakeholders, including the farming organisations, and to date responses have been received from two of the farming groups. The viewpoints expressed by those groups will be considered when drawing up the final proposals.

Pigmeat Sector.

Gerard Murphy

Question:

110 Mr. Murphy asked the Minister for Agriculture and Food her views on whether potential rationalisation of pig slaughtering facilities and the consequential lack of competition will lead to reduction in prices; if she will impress on the Department for Enterprise, Trade and Employment the goodwill that is there among both pig producers and workers at a company (details supplied) to do everything possible to keep the plant open. [23924/04]

The decision by Dairygold to close its pig slaughter line was a commercial decision made in the wider context of Dairygold operations. Since the announcement of the Galtee closure my Department has maintained regular contact with IFA, Enterprise Ireland and other pig processors with a view to ensuring that a seamless and streamlined transition of the producer/processing supply chain would be established. There is agreement amongst the main processing entities and by Enterprise Ireland that sufficient processing capacity is available in the country to absorb the surplus that will arise from this closure. It is critical that every effort is made to ensure a smooth and orderly transition of the Galtee supply base. This is critical to the future profitability of the entire pig processing chain and will ensure that the transition is managed in the shortest possible timescale and with the best possible outcome for all concerned.

The Prospectus study on the pig industry, published in 2000, concluded that there was serious over-capacity in the pig slaughter sector and that this burden of capacity was causing inefficiencies. It recommended that rationalisation of existing slaughter capacity must be undertaken if primary processing in Ireland were to remain competitive. This would mean that excess capacity must be removed by plant closures with a commensurate increase in capacity utilisation of the remaining plants. An improved competitive structure would allow the sector to better cope with competition on the home and export markets while maintaining viable and profitable outlets the pig producers and improve Ireland's capacity to maximise the production of top quality products at competitive prices.

Organic Farming.

Trevor Sargent

Question:

111 Mr. Sargent asked the Minister for Agriculture and Food if she has plans to follow the example of other EU member states and set targets for organic production; and if she will make a statement on the matter. [23931/04]

At present, organic production occupies less than 1% of the agricultural land area of the country. The organic development committee, in its 2002 report, estimated that a target of 3% of land area by 2006 was achievable.

Ultimately it is producers and consumers who will determine whether that target is achieved. There is a growing demand for organic food among consumers. I hope it will be further stimulated by the recently published guide to organic food and farming, which was produced by the organic market development committee in which my Department is a participant.

At present, however, much of that consumer demand has to be met by imported produce. There are real opportunities here for Irish producers. I believe that the introduction of the single payment scheme in January will give many farmers an opportunity to give serious consideration to the organic option, and I would urge them to do so. The rural environment protection scheme offers substantial financial support to organic farmers, and one of the new elements in REPS 3 is the possibility of converting part of a farm to organic production rather than the entire farm as was previously the case.

Grant Payments.

Bernard J. Durkan

Question:

112 Mr. Durkan asked the Minister for Agriculture and Food the extent and nature of agricultural support payments likely to be available to a person (details supplied) in County Kildare under headings (details supplied); and if she will make a statement on the matter. [23955/04]

The person named is about half way through his current participation in the Rural Environment Protection Scheme. He has received three annual payments, with a further two of some €3,281 each to be made subject to compliance with the terms and conditions of the scheme. If he opts to join REPS 3 at his next anniversary date he can achieve the higher rates of payment available under that scheme for a further five years.

The person named submitted an application for consideration of his circumstances under the force majeure, new entrant/inheritance measures of the single payment scheme.

Following processing of the force majeure application the person named was notified of his unsuccessful application and given the opportunity to appeal that decision to the single payment appeals committee. Processing of applications for consideration under the inheritance/new entrant measure of the scheme is ongoing and the person named will be notified shortly of the decision on his application. The person named is not due any payments under the area-based compensatory allowance scheme as he has no land in the disadvantaged areas according to area aid records.

As far as on-farm investment schemes are concerned, my Department has no record of any current application from the person concerned. Full details of these schemes are available from any agricultural, environment and structures office of my Department. In the case of the installation aid scheme, full payment of the current grant of €9,523.04 issued to the person concerned on 3 February 2003.

Decentralisation Programme.

Olwyn Enright

Question:

113 Ms Enright asked the Minister for Finance the likely timescale envisaged for the movement of his Department to Tullamore; the number of persons who have accepted Tullamore as their first choice; and if he will make a statement on the matter. [23804/04]

As the Deputy is aware, an implementation group was appointed to drive the decentralisation process forward and a joint Department of Finance and OPW unit has been established to support the group. The next stage in the process is the selection of organisations for inclusion in the first phase of moves and the sequencing and timing of such moves. This will need to have particular regard to the figures emerging from the CAF and any relevant property and business aspects. Until such time as the analysis is complete, it is not possible to give a firm timescale, but the Deputy can be assured that it is the intention to move ahead with the programme, including the move to Tullamore, as quickly as possible. The data from the CAF published last month showed that a total of 116 persons have applied for decentralisation to Tullamore as their first choice.

Departmental Expenditure.

Olwyn Enright

Question:

114 Ms Enright asked the Minister for Finance the amount of money paid out by his Department in public relations fees; the name of the firm that was paid the highest amount; the amount paid to a specific firm (details supplied); the amount of money paid out by the Department in other consultancy fees; the name of the firm or individual paid the highest amount for the most recent 12 month period; and if he will make a statement on the matter. [23867/04]

The table below shows the amount spent by my Department in 2003, and from 1 January to 30 September 2004, on public relations and other consultancy fees.

2003

1 January to 30 September 2004

Public relations fees

0

0

Other consultancy fees

1,994,884

582,942

The highest amount paid in other consultancy fees was €818,609 to Software Resources Ltd in 2003 and €158,949 to Codec Ltd to 30 September 2004. An amount of €94,941.59 was paid to the company named by the Deputy in 2003. No payment has been made to that company in 2004. In the most recent 12 month period, that is from 1 October 2003 to 30 September 2004, the highest amount of other consultancy fees was €158,949 paid to Codec Ltd.

The figures above do not include the NDP/CSF unit, which operates under the aegis of my Department and had spending of the types mentioned by the Deputy. In its case a breakdown of spending is only available by project. A list of NDP/CSF projects was included in the answer to Dáil Question No. 235 of 17 February 2004, a copy of which is being forwarded to the Deputy. An update of this list is currently in preparation and will be forwarded to the Deputy as soon as it is completed.

Olwyn Enright

Question:

115 Ms Enright asked the Minister for Finance the total amount of money paid out by his Department in legal fees; the details of the firms paid the greatest amount of fees; the total amount of money paid out in legal settlements; the number of such settlements; the total number of claims against his Department, for the most recent 12 month period; and if he will make a statement on the matter. [23881/04]

In general, my Department uses the services of the Office of the Attorney General and the Office of the Chief State Solicitor, and engages outside legal advisors in circumstances requiring legal advice of a specific and/or specialist nature. My Department has also had secondments to it from private sector legal firms.

The table below shows the amount spent by my Department in 2003, and from 1 January to 30 September 2004, on legal advice and lawyers, including secondments, and on settlement of legal proceedings including cases settled prior to going to court. It also shows the number of claims received and the number of settlements made.

2003

1 January to 30 September 2004

Legal Advice

240,880

188,565

Settlements

322,865

7,500

Number of claims received

0

0

Number of settlements

54

1

Officials in my Department negotiated a settlement, arrived at late in 2003, of a large number of equality claims against all Departments lodged by the Civil and Public Services Union which involved a total cost of approximately €36 million. My Department's element of that settlement is included in the figures above for settlements in 2003. The greatest amount paid in fees was €54,450 to McCann Fitzgerald/Raymond Burke Consulting in 2003 and €90,000 to DarachConolly, Solicitors in 2004. The second greatest amounts paid were €49,728 to P. J. O'Driscoll, Solicitors in 2003 and €79,631 to A & L Goodbody, Solicitors in 2004. No claims against my Department were received for the most recent twelve month period, that is from 1 October 2003 to 30 September 2004.

Ministerial Appointments.

Dan Boyle

Question:

116 Mr. Boyle asked the Minister for Finance the public appointments made by his Department between 1 July and 30 September 2004. [23912/04]

Public appointments to State boards under the aegis of my Department in the period 1 July to 30 September 2004 are set out in the following table.

Name of Body

Name of Person Appointed

Financial Services Ombudsman Council

Dr. Con Power (Chair), Mr. John Colgan, Mr. Crozier Deane, Mr. Dermot Jewell, Mr. Paul Joyce, Mr. Paddy Leydon, Mr. Paul Lynch, Mr. Paddy Lyons, Mr. Jim McMahon. Ms Caitriona Ni Charra.

The Financial Services Consultative Industry Panel

Mr. James Deeny (Chair), Mr. Jim Bardon, Mr. Liam Carberry, Mr. Denis Casey, Mr. Tony Culley, Mr. Billy Doyle, Mr. Pat Farrell, Ms Ann Fitzgerald, Mr. Donal Fitzgibbon, Ms Sarah Goddard, Mr. Tom Healy, Mr. John Murphy, Ms Carmel O’Connor, Ms Aileen O’Donoghue, Mr. John O’Halloran, Mr. Pat O’Sullivan , Mr. Gary Palmer, Ms Rachel Panagiodis, Mr. Mike Ryan, Mr. Robert Moynihan.

The Financial Services Consultative Consumer Panel

Mr. Brendan Burgess (Chair), Mr. Frances Byrne, Ms Olive Byrne, Mr. Liam Coen, Mr. Michael Connolly, Mr. Eddie Hobbs, Ms Anne Hogan, Mr. Michael Kilcoyne, Ms Eileen Lynch, Mr. John Maher, Ms Joan Morrison, Mr. David McWilliams, Professor Noel Mulcahy, Ms Ann Owens, Mr. Raymond O’Rourke, Mr. Sean O’Sullivan, Ms Aileen Power, Ms Fiona Reynolds, Mr. Peter Ryan, Mr. William Ryan.

Credit Union Advisory Committee

Mr. Pádraig Ó Cearbhaill (Chair), Mr. Ken Lillis, Ms Olive McCarthy, Mr. Donal Murphy, Michael O’Conaill, Ms Iris White, Mr. Donal Yourell.

The Valuation Tribunal

Mr. Fred Devlin (Ordinary Member and Deputy Chairperson), Mr. John F Kerr (Ordinary Member and Deputy Chairperson).

Investor Compensation Company Ltd.

Regulations were made by the Minister on 27 September 2004, to enable the appointment by the Investor Compensation Company Ltd. of Ms Inge Clissmann, barrister, and of a nominee of The Office of the Director of Consumer Affairs to fill two vacancies on the board of the company.

On 27 September 2004, Ms Caroline Gill, ombudsman for insurance, and Mr Gerry Murphy, ombudsman for credit institutions, were offered appointment as deputy financial services ombudsmen designate in the new statutory structure, the appointments, if accepted, to take effect from 1 April 2005.

Tax Collection.

John McGuinness

Question:

117 Mr. McGuinness asked the Minister for Finance if the affairs of a person (details supplied) in County Kilkenny will be investigated and resolved; if demands will be withdrawn until all issues are resolved; and if he will make a statement on the matter. [23965/04]

I am advised by the Revenue Commissioners that the person in question has been self-employed since 13 November 2003. Prior to that he was in PAYE employment up to 30 July 2003. On leaving he received an ex gratia payment of €79,881. In accordance with normal procedure for dealing with ex gratia payments, a review of his liability was carried out for the previous five years and it was found that he owed €5,835.83.

The Revenue Commissioners became aware in February 2004 that the taxpayer was separated following a call by him to the local inquiry office in Kilkenny. His 2003 liability was reviewed at that stage and a refund of €752.16 was made to him.

To enable calculation of top slicing relief, the Revenue Commissioners wrote to him on 16 August 2004 seeking clarification regarding the separation. In a reply dated 17 August 2004, the taxpayer advised that he had been separated from his wife since August 1999. The earlier years were reviewed when top slicing relief was dealt with in September 2004. Single tax credits and rate bands were applied for the years 2000/01, 2001 and 2002. A liability of €5,835.83 arose as a result of this review.

If the taxpayer has difficulty in meeting the demand and wishes to enter into an instalment arrangement, he should contact Ms. Elizabeth Kavanagh, Kilkenny Revenue District, Hebron Road, Kilkenny, telephone 056-7760754, who will discuss this option with him.

Endowment Mortgages.

Róisín Shortall

Question:

118 Ms Shortall asked the Minister for Finance if his attention has been drawn to the revelations regarding endowment mortgages in a television programme (details supplied); his views on same; the plans he has to introduce legislation to deal with this problem or change the regulatory regime; and if he will make a statement on the matter. [23985/04]

Recent publicity in relation to endowment mortgages has focused on the possibility that a significant number of holders of such mortgages will have a shortfall of funds when the mortgage reaches the end of its normal term. These types of mortgages operate on the basis that instead of making capital payments on a mortgage, the client pays only the interest on the mortgage, therefore the capital amount owed does not decrease. However, the client also makes an investment with a life assurance company, the aim of which is to cover the mortgage and, possibly, provide some additional benefit beyond that. The products provided additional benefits, for example, in the form of higher tax relief, which were attractive to borrowers.

These products inherently require customers to take some risk; they are exposed to market fluctuations, just like any market-based life assurance investments. It should be stressed, therefore, that the fact that a person does not gain as much as expected is not in itself an indication of any inappropriate practices on the part of the bank or insurance company concerned.

The Consumer Credit Act 1995, which commenced in May 1996, contains specific provisions regarding endowment loans and in particular prescribes certain information which must be included in any application form or information document issued to consumers applying for such loans. For example, since the commencement of the Act all endowment loan application forms must contain a prominent notice to the effect that there is no guarantee that the proceeds of the insurance policy will be sufficient to repay the loan in full when it becomes due for payment. The Act also obliges that in instances where there is a possibility during the lifetime of an endowment loan that borrowers may be required to increase premium payments on the insurance policy relating to the loan, any document approving the loan must contain a prominent statement of this possibility. Similarly information documents on endowment loans must, where the possibility exists that early surrender of the insurance policy may result in a net loss to the consumer, taking into account premia and other charges paid in, contain a statement of this possibility.

The Act also places an obligation upon insurers underwriting policies relating to endowment loans to issue a statement to the consumer every five years setting out not only the value of the policy at the time of issue but also a comparison of this valuation to the valuation at such date projected at the time the policy was first written and a revised estimate of the valuation at maturity. In addition to the provisions of the Consumer Credit Act, the Life Assurance (Provision of Information) Regulations, which came into being in 2001, obliges insurers to provide policy holders, including holders of policies relating to endowment mortgages, with an annual written statement containing inter alia information on the current surrender or maturity value of the policy.

More recently, this Government very considerably enhanced the regulatory and supervisory regime governing the financial services industry, primarily through the enactment of the Central Bank and Financial Services Authority of Ireland Act 2003, which established the Irish Financial Services Regulatory Authority or IFSRA. IFSRA is now the competent authority in this area. The Central Bank and Financial Services Authority of Ireland Act 2004, complements the Act passed last year and further enhances IFSRA's powers and strengthens the regulatory environment.

Particular features of the 2004 Act are that it provides for an enhanced structure for dealing with consumers who have complaints about financial institutions and also provides consumer and industry consultative panels for the financial regulator. The consumer panel will have an important role in ensuring that the regulator is correctly reflecting the interests of consumers in its protective and educational roles, such as the issue of codes of conduct and information pamphlets etc. These provisions will help IFSRA to ensure consumers have all necessary information to allow them to make considered and informed choices between differing financial products including mortgages.

The establishment of IFSRA has provided a new focus for consumer concerns regarding financial services. IFSRA is already studying the situation, having commenced a survey earlier this year, to determine whether and to what extent there will be difficulties for customers. It would be premature at this stage to second-guess the outcome of the survey, but the results will be used to establish the nature of any appropriate action to be taken. While individuals with difficulties should go to the relevant institutions in the first instance, IFSRA can also assist where individuals are in dispute with their financial institution. Individuals with specific complaints may also have recourse to the appropriate ombudsman scheme, or ultimately to the courts. I will be monitoring the situation as the information developed by IFSRA becomes available.

Public Transport.

Róisín Shortall

Question:

119 Ms Shortall asked the Minister for Finance the reason civil servants can only buy the taxsaver commuter ticket in January; the further reason it is only available to permanent staff in view of the practice of many State employers to employ many staff on a temporary contract initially; if he will review the operation of this scheme in order to make it more accessible to employees in order to encourage the use of public transport; and if he will make a statement on the matter. [23993/04]

The Civil Service travel pass scheme was approved in 2001 and has been in operation since 1 January 2002. The operation of the scheme has been kept under review since then and information clarifying certain issues was sent to all Departments by my Department in June of this year. I have arranged for a copy of that notice to be forwarded to the Deputy. Subject to the requirements of individual Departments in relation to administrative efficiency, the Civil Service travel pass scheme may be availed of by staff employed on a permanent or probationary basis, including those initially recruited on a temporary basis, and to staff employed under fixed-term contracts. The implementation of travel pass schemes in areas of the public service other than the Civil Service would be a matter for the relevant employing bodies.

While it is a requirement of the Revenue Commissioners that the choice to obtain a travel pass in lieu of salary which is exercisable by employees in both the public or private sectors cannot be made more frequently than once a year, the Civil Service scheme does not preclude staff from exercising that option at different times during the year. This and other issues were clarified in the notice issued by my Department in June 2004. However, for administrative efficiency purposes, some Departments may exercise limits as to the number of operative dates that they can allow in any annual period.

Departmental Expenditure.

Olwyn Enright

Question:

120 Ms Enright asked the Minister for Foreign Affairs the amount of money paid out by his Department in public relations fees; the name of the firm that was paid the highest amount; the amount paid to a specific firm (details supplied); the amount of money paid out by the Department in other consultancy fees; the name of the firm or individual paid the highest amount for the most recent 12 month period; and if he will make a statement on the matter. [23868/04]

For the period referred to by the Deputy, the Department of Foreign Affairs paid €23,466.74 in public relations fees for a promotion campaign for the EU Presidency website. The greater part of this amount was for the purchasing of media advertising space. As regards the second question raised by the Deputy, the name of the firm was Red Dog Design Consultants. The Department did not make any payments to the specific firm referred to by the Deputy.

The Department of Foreign Affairs is responsible for two Votes; Vote 28, foreign affairs, and Vote 29, international co-operation. For the most recent 12 month period, expenditure on consultancies for each Vote was as follows: Vote 28: €1,274,686.49; Vote 29: €2,208,876.00.

The Department of Foreign Affairs commissions consultancies where specialised knowledge and skills are not available within the Department, especially in the case of the Development Co-operation Ireland programme, where an independent evaluation of programmes and projects is required. DCI consultancies cover a wide range of sectors including HIV-AIDS, education, health and rural development. An outsourcing specialist was recruited in 2002 to oversee the commissioning of consultancies under Vote 29. Since then, procedures and systems have been reviewed and strengthened to help ensure that maximum value for money is achieved.

Under Vote 28, the greater part of recent expenditure on consultancies related to the upgrading of the Department's information technology infrastructure at headquarters and in our missions abroad, and the putting in place of the new, automated, passport production system. The latter is essential to meet future demands for passports in an efficient and effective manner and to comply with new international security regulations for passports.

Under Vote 28, BearingPoint consultants have received the highest amount of fees for the period in question. BearingPoint is the principal contractor for the APS project, and have responsibility for supply of hardware, software, design solutions, development and associated services. In large scale projects of this type, the cost of system development is an integral part of the contract and cannot easily be separated from other areas of the project.

Under Vote 29, the highest amount of fees was paid to the firm, Mokoro, which is based in the UK. These payments covered a number of consultancy assignments.

Olwyn Enright

Question:

121 Ms Enright asked the Minister for Foreign Affairs the total amount of money paid out by his Department in legal fees; the details of the firms paid the greatest amount of fees; the total amount of money paid out in legal settlements; the number of such settlements; the total number of claims against his Department, for the most recent 12 month period; and if he will make a statement on the matter. [23882/04]

For the period referred to by the Deputy, the Department paid €200,571.38 in legal fees, of which €62,633.22 was paid to firms abroad for legal services regarding the leasing or purchasing of properties abroad. The greatest amount of fees was paid to the firm of Noonan, Linehan, Carroll, Coffey, Solicitors. This payment was made to discharge my Department's share of a partial award of costs to a client of that firm.

The Department did not pay any legal settlements for the period in question. Two claims were made against the Department during this period and these are being dealt with by the State Claims Agency. Two further claims against the Department from an earlier period are being dealt with by the Chief State Solicitor's office.

Ministerial Appointments.

Dan Boyle

Question:

122 Mr. Boyle asked the Minister for Foreign Affairs the public appointments made by his Department between 1 July and 30 September 2004. [23913/04]

The only public appointments made in the period between 1 July and 30 September, 2004 were to the Díon Committee. The Díon Committee is an advisory committee to the Irish Government established in 1984 in response to concern about the situation of Irish emigrants in Britain.

The following members were reappointed to the committee with effect from 1 September 2004: Mr. Michael Forde, managing director, Ceiling Grids Group, Manchester, and chairman, Irish World Heritage Centre, Manchester; Dr. Breda Gray, senior lecturer, department of sociology, University of Limerick; Dr. Theresa Joyce, South London and Maudsley NHS Trust; Mr. Jim O'Hara, chairman, Irish Youth Foundation (UK); and Ms Catherine Quinn, member of EHB and Dublin VEC.

The following members were newly appointed to the committee with effect from 1 September 2004: Mr. Seamus McGarry, former chair of the Federation of Irish Societies; Mr. Michael Lonergan, first secretary, Embassy of Ireland, London; and Ms Amanda Bane, third secretary, Embassy of Ireland, London. With the exception of the chair and secretary, who are serving in the Embassy of Ireland in London, the committee members serve in a voluntary capacity.

Overseas Development Aid.

Trevor Sargent

Question:

123 Mr. Sargent asked the Minister for Foreign Affairs when he foresees that Ireland will reach the UN target of 0.7% of GNP for overseas development aid, particularly in view of improving Exchequer figures. [23930/04]

The Government attaches a high priority to increasing Ireland's contributions to official development assistance. There have been substantial increases in expenditure in recent years. Summary data for the past six years and the expected outturn for 2004 are set out in the table below. This level of expenditure demonstrates the strong commitment of the Government to attain the UN target of 0.7% of GNP.

In percentage terms, Ireland is one of the world's leading donors; we are currently in joint seventh place and well above the EU average. It is hoped that increased allocations, the scale and timing of which will be considered on an ongoing basis, will be possible over the coming years with a view to achieving our objective.

Year

Total ODA (€m)

2004 (Estim.)

475

2003

446

2002

422

2001

320

2000

254

1999

231

1998

177

Human Rights Issues.

Dan Boyle

Question:

124 Mr. Boyle asked the Minister for Foreign Affairs his evaluation of the human rights situation in Togo. [23966/04]

The European Union has, on numerous occasions, expressed its serious concern at the human rights situation in Togo. The issues of particular concern have included violations of freedom of expression, torture and arbitrary detention, safety of human rights defenders, lack of independence of the judiciary and impunity. This has been underscored by a general lack of respect for democratic principles. Against this background, the European Union suspended all aid to Togo in the early 1990s.

In late 2003, Togo made it clear that it wished to renew relations with the EU. During the Irish Presidency of the EU, it was agreed to open Article 96 consultations with Togo, as set out in the Cotonou Agreement. These consultations are held in circumstances where a party to the Cotonou Agreement does not meet its requirements regarding human rights, democratic principles and the rule of law.

Ireland chaired the Article 96 consultations in Brussels on 14 April 2004 which covered four broad areas; democratic principles, human rights, fundamental freedom and follow-up commitments. Togo agreed to a list of 22 commitments with a timetable for their implementation. These commitments covered a wide range of actions relating to human rights, democratic principles and freedom of the press. Minister Cowen met the Togolese Prime Minister, Kofi Sama, in Dublin following the consultations in Brussels, where he reiterated the importance of compliance by Togo with the commitments entered into during the Article 96 consultations.

The Togolese Government has submitted a number of reports on its progress in implementing the 22 commitments. These reports have demonstrated some progress and some evidence of political goodwill on the part of the Government of Togo. For instance, on ensuring compliance by police and military authorities with human rights norms, and on the issue of political prisoners, the Government of Togo is clearly making efforts to improve the situation. However, limited progress has been made on the key commitment to restart political dialogue with the opposition, and also on organising local and parliamentary elections. The European Union continues, therefore, to press for more progress in this area. Discussions are ongoing in the Council of Ministers to see how, following the closure of the Article 96 negotiations and against the above background, relations with Togo should be taken forward.

Special Educational Needs.

Finian McGrath

Question:

125 Mr. F. McGrath asked the Minister for Education and Science if urgent assistance will be given to persons (details supplied) in County Galway; and if services and programmes will be put in place to suit their needs. [23827/04]

I am pleased to inform the Deputy that the school to which the Deputy refers has been allocated 16 additional teaching hours per week for the 2004-05 school year to cater for the special educational needs of pupils enrolled, including the pupil in question. My Department allocates additional teaching support and special needs assistant support to second level schools and vocational education committees to cater for pupils with special educational needs. Applications for such support are made to my Department by the relevant school authority. Each application is considered on the basis of the assessed needs of the pupils involved and the nature and level of support provided is determined on the advice of the psychological service.

It is a matter for the school to deploy this allocation in accordance with the assessed needs of the pupils concerned and also to review this deployment in line with the evolving needs of the pupils.

Higher Education Grants.

Paul Connaughton

Question:

126 Mr. Connaughton asked the Minister for Education and Science the reason an access grant has not been awarded to a person (details supplied) in County Cork to complete a H.Dip in Cork; if her attention has been drawn to the fact that this person would not have selected UCC except for the fact that they were one point short for UCG; if her attention has further been drawn to the fact that as a mature student this person is trying to better herself and that she has been receiving unemployment assistance for four years; and if she will make a statement on the matter. [23828/04]

I understand that the student referred to by the Deputy has been approved for a maintenance grant for the 2004-05 academic year to pursue a postgraduate course in UCC.

It is unclear from the Deputy's question what type of access grant the student is unable to avail of because he is pursuing his postgraduate studies in UCC, rather than in UCG. If the Deputy could provide further information into the nature of the access grant my Department would be happy to enquire further into the situation.

If, however, the access grant referred to comes purely within the remit of the particular college involved then it will be necessary for the student to take up the matter directly with the college as my Department would have no involvement with the administration of such grants.

Schools Building Projects.

John Curran

Question:

127 Mr. Curran asked the Minister for Education and Science if she will report on the progress being made to provide a new school building for a school (details supplied) in County Dublin. [23829/04]

The project in question is listed for proceeding to tender and construction as part of the 2004 school building programme. This project is at tender stage and the full tender report is currently awaited from the management authority, County Dublin VEC.

John Curran

Question:

128 Mr. Curran asked the Minister for Education and Science if she will report on the progress being made to provide a new school building for a school (details supplied) in Dublin 22. [23830/04]

The project in question is listed for proceeding to tender and construction as part of the 2004 school building programme. My Department has instructed the management authority of the school to issue a letter of intent to enter into a contract with the lowest contractor. It is expected that work will be commencing on site shortly.

Olwyn Enright

Question:

129 Ms Enright asked the Minister for Education and Science if a school (details supplied) in County Offaly will be included in the five year building plan being drawn up by her Department; when this building plan will be announced; if the fact that the school has a priority rating of one as an amalgamation will advance it to proceed in 2004-05; and if she will make a statement on the matter. [23831/04]

The school planning section of my Department is currently examining all building projects on hands in line with the project prioritisation criteria that were recently revised in consultation with the education partners. The proposed project at the school to which the Deputy refers is included in this review. I expect to be in a position to provide an update in relation to the progress of individual projects later this year.

College Closures.

Paddy McHugh

Question:

130 Mr. McHugh asked the Minister for Education and Science if the decision to close a college (details supplied) in County Dublin will be reconsidered and the recommendations of the consultant and advisors to keep the college open and forge a link with one of the Dublin based universities are implemented. [23837/04]

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

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

It was agreed that the closure of the college would be phased over three academic years to facilitate students currently enrolled in the college to fully complete their studies without moving location and to ensure that there was an adequate transition period for staff. On that basis there has been no intake of first-year students to the college for the 2004-05 year. Instead, these students are now in St. Angela's College. Officials from my Department have already met with the trustees and with management authorities of the college to discuss the necessary practical arrangements, including arrangements in relation to the position of the staff of the college. I have no plans to reconsider the decision to close the college.

School Accommodation.

Olwyn Enright

Question:

131 Ms Enright asked the Minister for Education and Science if her attention has been drawn to the fact that a school (details supplied) in County Carlow has had a huge intake of new students; when she expects the school to receive the extra accommodation that her Department, in 2001, agreed it needs; and if she will make a statement on the matter. [23842/04]

Olwyn Enright

Question:

132 Ms Enright asked the Minister for Education and Science the position in relation to the application for additional accommodation at a school (details supplied) in County Carlow; and if she will make a statement on the matter. [23843/04]

I propose to take Questions Nos. 131, 132 together.

The school planning section of my Department is currently examining all building projects on hands in line with the project prioritisation criteria that were recently revised in consultation with the education partners. The proposed project at the school to which the Deputy refers is included in this review. I expect to be in a position to provide an update in relation to the progress of individual projects later this year.

Schools Building Projects.

Olwyn Enright

Question:

133 Ms Enright asked the Minister for Education and Science if schools (details supplied) in County Offaly will be included in the five year building plan being drawn up by her Department; when this building plan will be announced; if the fact that the school has a priority rating of one as an amalgamation will advance it to proceed in 2004/2005; and if she will make a statement on the matter. [23844/04]

As the Deputy will be aware, the schools to which she refers have agreed to amalgamate to form a new community school. Following technical assessments of the existing buildings, it has been agreed that the new school should be accommodated in a purpose built facility on a greenfield site catering for 550 pupils. I am pleased to inform the Deputy that a suitable site has been identified for this purpose and that my Department has given its approval to the vocational education committee to pursue the acquisition of this site.

With regard to the provision of the building, the school planning section of my Department is currently examining all building projects on hands in line with the project prioritisation criteria that were recently revised in consultation with the education partners. I expect to be in a position to provide an update in relation to the progress of individual projects later this year. I assure the Deputy, however, that the project to which she refers carries a high priority rating in line with the agreed criteria for prioritising large scale projects. This ranking will positively influence the timescale for delivery of the project.

School Curriculum.

Olwyn Enright

Question:

134 Ms Enright asked the Minister for Education and Science if her Department has looked at the sounds write method of the linguistic phonics programme; her views on whether it would be beneficial in schools here; and if she will make a statement on the matter. [23845/04]

Sounds write is a teaching programme using linguistic phonics methods which has been developed by a team based in Bradford on Avon in the UK. It offers a five day training course for teachers in instructional methods. The Department of Education and Science does not endorse commercially produced teaching and learning resources. It is the responsibility of teachers to select the teaching and learning aids to be used in their classroom, having regard to the needs of the pupils and the range of materials available.

Regarding the development of phonological and phonemic awareness, the teacher guidelines on the primary school curriculum in English contain a comprehensive discussion that outlines the recommended approach. The guidelines highlight that ability in oral language can be a determining factor in the speed and effectiveness with which a child makes progress in reading and provide for a range of strategies for the development of literacy skills. Inservice training for teachers, membership of such bodies as the National Reading Association, the Irish Learning Support Association, together with the network of locally based education centres, provide a range of settings where teachers can keep abreast of ongoing developments, tools and resources in regard to literacy.

Pension Provisions.

Olwyn Enright

Question:

135 Ms Enright asked the Minister for Education and Science if PEN 2/04 regarding the pension scheme for special needs assistants can be used for considering pensionability for part-time resource teachers at primary level; and if she will make a statement on the matter. [23846/04]

The position is that under the Protection of Employees (Part-time Work) Act 2001, service given by a part-time employee is pensionable where it amounts to at least 20% of the hours of a comparable wholetime employee who is a member of the employer's pension scheme. The Act applies not only to pensionability but to pay and conditions of service generally. Discussions between public service unions and management regarding the implementation of the Act have been informed by the recent Government decision regarding implementation of the recommendations of the Commission on Public Service Pensions in the case of part-time workers and those in receipt of low pay generally. It is expected that these discussions will be concluded shortly.

In the meantime, I can confirm that the provisions of the Act will apply in the case of part-time resource teachers. At present, these teachers are paid directly by their schools out of funds provided by my Department. The practical arrangements which would need to be made to pay salary to the teachers concerned through a payroll operated by my Department, including provision for the deduction of pension contributions, are currently being examined.

School Staffing.

Olwyn Enright

Question:

136 Ms Enright asked the Minister for Education and Science if circular letter PPT 19/03 can apply to part-time resource teachers in primary schools; and if she will make a statement on the matter. [23847/04]

The provisions of circular letter PPT 19/03 which were agreed with the teacher unions apply only to second level schools, Traveller training centres, vocational training opportunities schemes, Prison Service and other similar recognised Exchequer funded educational institutions as agreed from time to time. The terms were agreed in the context of the implementation of the Protection of Employees (Part-Time Work) Act 2001 and are designed to ensure that part-time teachers employed in the post-primary sector are treated no less favourably than full- time teachers employed in the same sector.

Teachers employed in primary schools have different conditions of service than teachers employed in post-primary schools having regard to both the length of the working week and the school year and the arrangements agreed for part-time resource teachers in primary schools as set out in circular letter 11/04 reflect those differences. These are interim arrangements, which will be the subject of further discussions with the teacher unions.

Grant Payments.

Olwyn Enright

Question:

137 Ms Enright asked the Minister for Education and Science if her attention has been drawn to the fact that a child of two persons on non-contributory old age pension is ineligible for the top-up grant; if she will consider increasing the cut off point of the means test in order that such a person be in a position to receive the grant; and if she will make a statement on the matter. [23848/04]

The report of the action group on access to third level education makes detailed recommendations concerning the introduction of special rates of maintenance grants for disadvantaged students, usually referred to as top-up grants. The target group of "those most in need" has been defined in terms of the dependants of people receiving long-term welfare payments, where the necessary conditions are fulfilled. The special rates of grant are also available to mature students who meet the prescribed conditions.

To qualify for the top-up grant all candidates must satisfy the following conditions: qualify for the ordinary maintenance grant in respect of the academic year 2004-05; total reckonable income limit in the tax year to 31 December 2003 must not exceed €14,693 net of standard exclusions, as set out in the 2004 maintenance grants schemes and net of CDA payments, where applicable; and as at 31 December 2003, the reckonable income of parent(s)/guardian(s), the candidate himself/herself, or the income of the spouse/partner, as the case may be, must include one of the eligible social welfare payments prescribed under the scheme.

The reckonable income threshold is calculated by taking the maximum point of the old age contributory pension plus the maximum qualified adult allowance for a person over 66 years. This yielded an annual income threshold of €14,693 for the 2004 scheme. It is not proposed to depart from the existing arrangements for the determination of the eligibility threshold.

Residential Institutions Redress Scheme.

Seán Crowe

Question:

138 Mr. Crowe asked the Minister for Education and Science the avenues of redress which are available to victims of abuse who were day pupils at educational institutions here. [23849/04]

Seán Crowe

Question:

139 Mr. Crowe asked the Minister for Education and Science if she has proposals for extending the terms of the redress legislation to incorporate applications from victims of abuse who were day pupils at educational institutions here. [23850/04]

Seán Crowe

Question:

140 Mr. Crowe asked the Minister for Education and Science the reason victims of abuse who were day pupils at educational institutions here are discriminated against in that their applications for redress are not accepted under current redress legislation. [23851/04]

Seán Crowe

Question:

141 Mr. Crowe asked the Minister for Education and Science which Government body takes responsibility for victims of abuse who were day-time pupils at educational institutions here. [23852/04]

I propose to take Questions Nos. 138 to 141, inclusive, together.

The Residential Institutions Redress Board was established as an alternative mechanism to the courts to provide financial redress to former residents of institutions who were abused while in institutions over which the State had a significant supervisory or regulatory responsibility. There are no plans to extend the remit of the redress board to day schools.

The rationale behind the setting up of the redress board was that children in the institutions were separated from their parents and therefore did not have the benefit of the care and protection which children in the care of their families usually enjoy. The institutions concerned controlled all aspects of children's lives 24 hours a day, seven days a week with no reasonable capacity for access to or involvement by parents. Therefore, the children in the institutions relied to a significant degree on the public bodies that had a statutory duty to protect them.

This situation did not apply to day schools which were in the main privately owned and in which children were enrolled by their parents. Public bodies did not have the same kind of supervisory functions, powers or duties that applied to residential institutions and the children themselves were resident with their families.

People who as children suffered sexual abuse in day schools have other avenues in which they may seek compensation from those who were responsible for their abuse. Amendments to the Statute of Limitations recognise that a person who suffered sexual abuse in childhood may not have been in a position, due to the abuse suffered, to take legal action against an abuser. Before the statute was amended a person had only three years from the date she or he attained majority to initiate such an action. The statute now provides that the normal three year period will not apply where the delay in bringing the action resulted from the abuse itself, for example, suppressed memories of abuse.

Any person who was subjected to abuse should in the first instance report the matter to the Garda Síochána. She or he should also obtain legal advice in relation to the legal remedies that may be open to them, such as seeking compensation in the courts from those who were responsible for their abuse.

Garda Vetting Procedures.

Olwyn Enright

Question:

142 Ms Enright asked the Minister for Education and Science when a system of vetting for all teachers and other staff at schools will be placed on a statutory basis; when the register of persons considered unsafe to work with children Bill will be published; and if she will make a statement on the matter. [23853/04]

Olwyn Enright

Question:

143 Ms Enright asked the Minister for Education and Science when a system of vetting for all teachers and other staff at schools will be in place; if this system will be open to both full and part time members of staff; and if she will make a statement on the matter. [23854/04]

I propose to take Questions Nos. 142 and 143 together.

As the Deputy may be aware, an interdepartmental review group has considered Garda vetting procedures and reported to my colleague the Minister for Justice, Equality and Law Reform and to the Garda Commissioner. That Minister is considering the contents of the report and it would be inappropriate of me to speculate on the conclusions he might draw from the report and the measures he may take to address the issue including the bringing forward of legislative proposals. However, I should point out that the Minister of State at my Department and the Department of Justice, Equality and Law Reform has recently announced a package of measures produced on foot of the recommendations of the working group on Garda vetting designed to enhance the capacity of the Garda vetting unit.

Publication of the proposed Bill to create a register of persons considered unsafe to work with children is dependent on the outcome of the deliberations of Minister for Justice Equality and Law Reform.

In addition to the matters under consideration by the Minister for Justice Equality and Law Reform, the establishment of the Teaching Council is of relevance to the issue. Elections in accordance with the Teaching Council Act 2001 will take place shortly. The council will provide the teaching profession, both primary and post-primary, with the means to self-regulate and its functions will include the maintenance a register of teachers and, if necessary, removing the names of those shown to be unfit to teach, including those unfit to teach by reason of the fact that they pose a threat to children.

Special Educational Needs.

Cecilia Keaveney

Question:

144 Cecilia Keaveney asked the Minister for Education and Science the position in relation to having a special needs assistant appointed for a person (details supplied) in County Donegal; and if she will make a statement on the matter. [23855/04]

I can confirm that my Department has received an application for special needs assistant support for the pupil referred to by the Deputy. My Department is considering the application together with a report prepared by my Department's inspectorate. The application is also being considered in the context of the resources available to the school and a response will issue to the school as quickly as possible.

Cecilia Keaveney

Question:

145 Cecilia Keaveney asked the Minister for Education and Science the position in relation to having a special needs assistant appointed for a person (details supplied) in County Donegal; and if she will make a statement on the matter. [23856/04]

I can confirm to the Deputy that my Department received an application for special needs assistant support for the pupil in question. At present, my Department is considering the levels and deployment of SNA support in mainstream national schools generally and the application is being considered in this context. A decision on the application will be conveyed to the school as soon as this process has been completed.

Schools Building Projects.

Cecilia Keaveney

Question:

146 Cecilia Keaveney asked the Minister for Education and Science the position in relation to a school building (details supplied) in County Donegal; and if she will make a statement on the matter. [23857/04]

The school referred to by the Deputy accepted an invitation to participate in a devolved initiative contained in the 2004 school building programme. This enables the school authority to provide additional accommodation with a maximum grant level of €200,000.

The initiative operates on a devolved basis and allows boards of management to address their accommodation and building priorities with a guaranteed amount of funding and allows boards of management control over the pace at which building works proceed.

It is my understanding that the contractor has recently commenced works on site. My Department will arrange for the payment of grant aid when the necessary documentation has been submitted and a request to draw down funds has been received from the board of management.

School Accommodation.

Cecilia Keaveney

Question:

147 Cecilia Keaveney asked the Minister for Education and Science the position in relation to a submission that was forwarded to her Department on behalf of a school (details supplied) in County Donegal; and if she will make a statement on the matter. [23858/04]

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

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

Cecilia Keaveney

Question:

148 Cecilia Keaveney asked the Minister for Education and Science the position of an extension for a school (details supplied) in County Donegal; and if she will make a statement on the matter. [23860/04]

An application for grant aid towards refurbishment and additional accommodation has been received from the management authority of the school. My officials are nearing completion of a review of all projects in line with the revised prioritisation criteria that resulted from consultation with the partners. The purpose of the review is to enable and inform a multi-annual approach to the school building programme. I expect to be providing details of this multi-annual programme before the end of the year.

Schools Building Projects.

Michael Ring

Question:

149 Mr. Ring asked the Minister for Education and Science further to Parliamentary Question No. 534 of 29 September 2004, if she will provide the information requested as soon as it is available. [23861/04]

My Department's records are held on a project by project basis. It would be extremely unusual for the roof of a new school building to be replaced and statistical information is not kept on such one-off situations. Such issues, if they arise, are a matter between the schools, who are generally the client on such projects, their design teams and the building contractors. My Department is aware of one project, Scoil Raifteirí in Castlebar County Mayo, which was built in 1998 and was re-roofed in 2004. Unfortunately in this case the roof pitch was not sufficient to withstand the exceptional and unpredictable local wind lift factors which caused the roof tiles to lift and break.

School Closures.

Paul Nicholas Gogarty

Question:

150 Mr. Gogarty asked the Minister for Education and Science if an investigation will be carried out into the reason a school (details supplied) was forced to close during the last week of September 2004; the steps which will be taken to ensure that such a closure does not happen again; and if she will make a statement on the matter. [23862/04]

My Department has received no correspondence on the circumstances behind this school closure from the school's board of management. However, there is no requirement on schools to notify the Department of specific closures once the overall number of 183 teaching days is delivered and providing the closure does not extend or modify the standardised school year.

Primary schools are required to complete 183 full school days per year which is the prescribed minimum number of teaching days. My Department does not centrally determine whether a school can close once the overall number of teaching days is delivered by the school over the course of the year. This approach aims to strike a balance between allowing schools some local discretion while ensuring that pupils get their full entitlement to education. It is essential that there be the greatest possible consultation with parents and that sufficient notice is given for any school closure. It is the responsibility of the board of management of the school to ensure that the it is open for the minimum prescribed period.

Queries relating to reasons for specific closures should be directed to the board in the first instance. My Department has issued boards of management with departmental circulars 11/95, Time in School, and M21/04, Standardisation of the School Year, to ensure that they are fully au fait with requirements on time in school and school closures.

Health and Safety Regulations.

Paul Nicholas Gogarty

Question:

151 Mr. Gogarty asked the Minister for Education and Science if she will report on the guidelines which exist when petrol fume leakages are suspected in the vicinity of schools; and if regular drills are requested under health and safety regulations. [23863/04]

In accordance with the Safety, Health and Welfare at Work Act 1989, it is the responsibility of individual school management authorities to have a safety statement in place in their schools. The statement should identify potential hazards, assess the risks to health and safety and put appropriate provision in place to safeguard the safety and health of employees and pupils. The safety statement should be reviewed on a regular basis. In practical terms, individual school authorities are best placed to assess the detail of their own health and safety requirements. The Health and Safety Authority is the body with national responsibility for health and safety matters in the workplace. It is open to school management authorities to make direct contact with the Health and Safety Authority on specific matters of concern to them.

Departmental Expenditure.

Olwyn Enright

Question:

152 Ms Enright asked the Minister for Education and Science the amount of money paid out by her Department in public relations fees; the name of the firm that was paid the highest amount; the amount paid to a specific firm (details supplied); the amount of money paid out by the Department in other consultancy fees; the name of the firm or individual paid the highest amount for the most recent 12 month period; and if she will make a statement on the matter. [23869/04]

The information which the Deputy has sought is being compiled in my Department and will be forwarded directly to her.

Olwyn Enright

Question:

153 Ms Enright asked the Minister for Education and Science the total amount of money paid out by her Department in legal fees; the details of the firms paid the greatest amount of fees; the total amount of money paid out in legal settlements; the number of such settlements; the total number of claims against her Department, for the most recent 12 month period; and if she will make a statement on the matter. [23883/04]

The information requested by the Deputy is not readily available in my Department. I will arrange to forward the information to the Deputy as soon as possible. However, because of the extensive detail sought by the Deputy, I anticipate that it may take some considerable time to furnish this.

School Accommodation.

Jan O'Sullivan

Question:

154 Ms O’Sullivan asked the Minister for Education and Science if a school (details supplied) in County Clare will be given permission and funding for a temporary classroom; and if she will make a statement on the matter. [23892/04]

It is open to the management authority of the school to apply for temporary accommodation on the FLT application form for grant aid for temporary accommodation for inclusion in the school building programme 2005. Details of a streamlined application process for schools requiring temporary school accommodation for September 2005 were recently published. The closing date for receipt of completed applications is 5 November 2004. The streaming of the application process for temporary accommodation will ensure that schools allocated funding for accommodation for the start of the school year 2005-06 are enabled to provide it in a timely and appropriate manner. All applications will be considered by reference to the criteria outlined in the published document.

Schools Building Projects.

Richard Bruton

Question:

155 Mr. R. Bruton asked the Minister for Education and Science if she has approved in principle plans to rebuild a school (details supplied) in Dublin 5; and the stage in the planning process which has been reached in respect of this school proposal. [23900/04]

The building project for the school referred to by the Deputy is at an early stage of architectural planning. It has a band three rating. My Department's officials are reviewing all projects that were not authorised to proceed to construction as part of the 2004 school building programme, including the project in question, with a view to including them as part of a multi-annual school building programme from 2005. I expect to make further announcements in this regard before the end of the year.

Special Educational Needs.

Paul McGrath

Question:

156 Mr. P. McGrath asked the Minister for Education and Science if she has satisfied herself that primary school students assessed by educational psychologists who have had recommendations for special needs assistants made on their behalf can reach their full potential when her Department, without any examination of the students so assessed, can refuse to provide the recommended resource; and if she will make a statement on the matter. [23905/04]

A psychological report normally includes an account of the test data gained during the assessment and of information provided by school and family sources. It will conclude with a set of recommendations for the child's individual learning or behavioural management plan. If the psychologist believes that implementation of the individual plan will require additional resources, then a recommendation to that effect will be made. My Department has issued circular letters that specify the level of additional supports that can be made available to children in certain categories of disability. The accompanying guidelines also specify in detail the test results and criteria that render children eligible under each category for additional support.

As the national educational psychological service is not yet in a position to offer a service to all schools, many children with special educational needs are assessed by psychologists in the health sector or in private practice. Many of these psychologists recommend additional resources in line with the guidelines in my Department's circulars. However, a number do not do so, because they may genuinely believe that particular children should receive resources over and above what is specified by my Department. In the interests of equity, and pending any recommendations that may be made to me by the newly established National Council for Special Education, the eligibility criteria and permitted levels of resource must be maintained.

Since December 2002, my Department has reviewed all applications for additional resources in respect of special educational needs. The reviews have been carried out by professional officers of my Department, who checked the data supplied in all the available professional reports to see if they complied with the criteria in the relevant circular letters. In some cases, they found that the data did not so comply and accordingly informed my Department's special education section. Although the professional officers did not themselves see the children concerned, they based their recommendations entirely on the information supplied by the psychologists who had written the reports.

Paul McGrath

Question:

157 Mr. P. McGrath asked the Minister for Education and Science the reason for the suspected discrimination against disadvantaged girls in the recently published document on special needs resources in primary schools and the proposed allocations to boys schools, girls schools and mixed schools; and if she will make a statement on the matter. [23906/04]

Bernard J. Durkan

Question:

164 Mr. Durkan asked the Minister for Education and Science the reason a lesser number of special needs teachers have been appointed to girls’ schools than to boys’ schools; her views on whether this presents an inequitable situation; if she intends to address the issue; and if she will make a statement on the matter. [23959/04]

I propose to take Questions Nos. 157 and 164 together.

The revised system for allocating teaching resources to mainstream national schools for special needs comprises two elements. The first element is a general weighted allocation for pupils requiring learning support and pupils with higher-incidence disabilities such as dyslexia, mild and borderline mild to general learning disability. The second element enables schools to apply for specific support for those pupils with lower-incidence disabilities and those applications are considered on their individual merits.

In the case of specific pupils with lower-incidence disabilities no differentiation is made on the basis of gender. The general weighted allocation method does discriminate positively in two important respects. First, it discriminates on a gender basis as there is a considerable body of evidence which shows that boys are more likely than girls to have learning delays and special educational needs. Data available to the Department from its census of special educational needs in primary schools supports this position as do successive literacy studies. Second, it recognises the connection between learning delay and special educational need on the one hand and socio-economic disadvantage on the other.

These considerations are reflected in the following weighted allocations. In the most disadvantaged schools, as per the urban dimension of Giving Children an Even Break, a teacher of pupils with special educational needs is allocated for every 80 pupils to cater for the subset of pupils with higher incidence special needs. In all-boys schools, the ratio is one teacher for every 140 pupils. In mixed schools, or all-girls schools with an enrolment of greater than 30% boys, the ratio is one for every 150 pupils. In all-girls schools, including schools with mixed junior classes but with 30% or less boys overall, the ratio is one for every 200 pupils. Any all-girls school which comes within the most disadvantaged category indicated above will attract the most favourable allocation.

The revised system has been developed in consultation with representative interests. It is a genuine effort to improve the special education resource allocation process. The differentiation under the general weighted allocation reflects the experience of needs both within this country and internationally. I will work for improvements in the provision of education services for children with special educational needs. I will also monitor the implementation of the new system to ensure its efficiency and effectiveness.

Higher Education Grants.

Paul McGrath

Question:

158 Mr. P. McGrath asked the Minister for Education and Science the number of students who were in receipt of the top up grant in 2003/2004. [23907/04]

While final details of the number of students approved for the top-up grant for the academic year 2003-04 are not yet available, the indications are that the number will be in excess of 11,000. The number of students in receipt of the top-up grant for the 2002-03 academic year was 9,984.

Paul McGrath

Question:

159 Mr. P. McGrath asked the Minister for Education and Science the income thresholds for students to receive the top-up grant who are in receipt of the maximum grant, based on assessment of their parents’ income, and independent mature students. [23908/04]

To be eligible under the special rates of maintenance grants scheme for the 2004-05 academic year, the total reckonable income limit, which is based on the 2003 tax year, must not exceed €14,693 net of standard exclusions, as set out in the maintenance grants scheme 2004 and, where applicable, net of child dependant allowance. The other terms and conditions of the scheme must also be met.

Ministerial Appointments.

Dan Boyle

Question:

160 Mr. Boyle asked the Minister for Education and Science the public appointments made by her Department between 1 July and 30 September 2004. [23914/04]

The information the Deputy has requested is being compiled and will be forwarded to him shortly.

Special Educational Needs.

Paddy McHugh

Question:

161 Mr. McHugh asked the Minister for Education and Science if she will review the decision for a special needs assistant for a person (details supplied) in County Galway; and if she will make a statement on the matter. [23926/04]

I can confirm that my officials received additional information about the application for special needs assistant support for the pupil in question. Arrangements are being made to have the case reviewed again in the context of this information and further contact will be made with the school as quickly as possible.

Paddy McHugh

Question:

162 Mr. McHugh asked the Minister for Education and Science if a special needs assistant for a person (details supplied) in County Galway will be approved; and if she will make a statement on the matter. [23927/04]

I have arranged for my officials to investigate the matter referred to by the Deputy and contact will be made with the school authorities shortly.

Physical Education.

Olwyn Enright

Question:

163 Ms Enright asked the Minister for Education and Science if she will report on the work of the primary schools sports initiative; her views on the conclusions reached from the sports pilot project; if she has received an update on the work of the initiative since its report to her in October 2001; and if she will make a statement on the matter. [23928/04]

The primary schools sports initiative, PSSI, was launched in 2001 and was tasked with advising the Minister for Education and Science on the promotion of sport, physical education and healthy lifestyles in primary schools with a view towards proposing ways in which participation in sport can be increased. The initiative also included the introduction of a pilot programme in physical education.

The outcome of the pilot project, which involved 27 schools, indicated that the PSSI assisted in providing a pupil centred skill development approach to the teaching of physical education in primary schools. An interim report was submitted to the Department in October 2001 and progress is being made in the presentation of a final report which will contribute to the development of suitable policies for the area of physical education and sport in general, in addition to the implementation of the revised curriculum for physical education at primary level.

In-service training in the revised physical education curriculum is currently being delivered to all primary school teachers through the primary curriculum support service and the delivery of this inservice has been informed by the work of the PSSI.

Question No. 164 answered with QuestionNo. 157.

School Discipline.

Bernard J. Durkan

Question:

165 Mr. Durkan asked the Minister for Education and Science the help which can be offered to a person (details supplied) in County Kildare; and if she will make a statement on the matter. [23960/04]

Officials from my Department have been in contact with the school in which the pupil referred to by the Deputy is enrolled. The principal of the school has informed my officials that a letter was sent out to the parent of the pupil in question informing her that he was suspended from the school from 6 October 2004 and to return to the school on 8 October. The pupil's place in the school remains available to him.

Early School Leavers.

Richard Bruton

Question:

166 Mr. R. Bruton asked the Minister for Education and Science to provide the results of the survey of school leavers for each year since 1997, showing the numbers who leave school with no qualifications, those with only the junior certificate and those with the leaving certificate. [23968/04]

The information requested by the Deputy is set out in the tabular statement.

Leavers classified by level of education at which they left school

Year of survey

Leavers in school year

No qualifications

Junior Certificate

Leaving Certificate VPT

Leaving Certificate No VPT

All leavers

1997

95/96

2500 — 3.7%

11,100 — 16.3%

10,600 — 15.6%

43,700 — 64.4%

67,900

1998

96/97

2500 — 3.5%

10,800 — 15.5%

13,900 — 20%

42,400 — 61%

69,500

1999

97/98

2300 — 3.2%

11,100 — 15.3%

14,400 — 19.8%

44,900 — 61.8%

72,700

2002

00/01

2240 — 3.1%

10,120 — 14.2%

10,380 — 14.6%

48,510 — 68.1%

71,250

[Source: Annual School Leavers' Survey — ESRI]

Richard Bruton

Question:

167 Mr. R. Bruton asked the Minister for Education and Science the number of children in each year since 1997 who failed to progress from primary to secondary school. [23969/04]

At present, my Department does not collate data on the number of pupils who do not transfer from primary to second level. The latest information, published in the NESF report on early school leavers, 2002, estimated that between 700 and 1,000 primary school pupils do not make the transition to second level. My Department is working on the development of the first phase of a comprehensive primary pupil database which will facilitate the collation of comprehensive data on transfer rates from primary to second level in the future.

My Department operates a number of programmes which assist primary school students in making the transition to second level. These include the home school community liaison scheme and the school completion programme. I have allocated approximately €40 million to support these programmes in 2004.

Higher Education Grants.

David Stanton

Question:

168 Mr. Stanton asked the Minister for Education and Science if she will consider changing the provision in the higher education grants scheme which require an independent mature student who is not ordinarily resident at home with his or her parents from the October preceding their entry to an approved course to the date of taking up the course; and if she will make a statement on the matter. [23974/04]

My Department funds three means-tested maintenance grant schemes for third level education students in respect of attendance on approved courses in approved third level institutions: the higher education grants scheme; the vocational education committees' scholarship scheme; and the third level maintenance grants scheme for trainees.

My Department's higher education grant schemes operate under the Local Authorities (Higher Education Grants) Acts 1968 to 1992. Under these Acts, a mature student is defined as a person of not less than 23 years of age on 1 January in the year of entry to an approved third level institution. The Acts further provide, inter alia, for the making of grants to mature students whose means and those of their parents, where the mature students are dependent on their parents do not exceed prescribed limits.

Under the terms of the higher education grants schemes, mature students are categorised as either independent mature students or mature students dependent on parents. An independent mature student is defined to mean a mature student who was not ordinarily resident at home with his or her parents from the October preceding his or her entry to an approved course. Independent mature students are assessed without reference to either their parents' income or address.

Similar provisions apply in regard to the vocational education committees' scholarship scheme and the third level maintenance grants scheme for trainees. Any revision in the terms of the scheme would have to be considered in the light of available financial resources and other competing demands in the education sector. There are no plans at present to change the eligibility criteria in this regard.

David Stanton

Question:

169 Mr. Stanton asked the Minister for Education and Science the number of independent mature students as defined under the higher education grants scheme who received grants under the scheme in 2000, 2001, 2002 and 2003; and if she will make a statement on the matter. [23975/04]

The statistical information requested by the Deputy is not immediately available in my Department. The information requested is being compiled, in so far as it is available, and will be issued directly to the Deputy as soon as possible.

School Staffing.

David Stanton

Question:

170 Mr. Stanton asked the Minister for Education and Science, further to Questions Nos. 256 of 6 July and 566 of 29 September 2004, the criteria that are not met for the provision of resource teaching hours for this person; the reason for the requirement, as indicated in a letter to the principal of the primary school in question dated 23 September 2004, of evidence that the person be receiving treatment; and if she will, as a matter of urgency, re-examine the application for this person (details supplied) in County Cork; and if she will make a statement on the matter. [23976/04]

I wish to advise the Deputy that pupils with the same disability as the pupil in question are eligible for additional educational resources if the report from the psychiatrist or clinical psychologist demonstrates that the pupil is receiving treatment and confirms the existence of one of the low incidence disabilities listed in Department circular SP ED 09/04. The application will be reconsidered if this additional information is received in my Department.

Water Sports Vehicles.

Cecilia Keaveney

Question:

171 Cecilia Keaveney asked the Minister for Communications, Marine and Natural Resources the position relating to bringing proposals forward to assist local authorities in adopting regulations on the operation of jet skis within their jurisdiction in which such controls are required; and if he will make a statement on the matter. [23818/04]

The Maritime Safety Bill 2004 was published on 23 June 2004. The Bill establishes a new legislative framework to regulate certain fast powered watercraft, including jet skis. It was introduced in Seanad Éireann and passed Second Stage on 30 June 2004. At present no date has been set for Committee Stage.

The maritime safety directorate is organising a seminar on the Maritime Safety Bill to be held on Wednesday, 13 October 2004 in the Hodson Bay Hotel, Athlone. Representatives of local authorities and others who will have responsibility for the implementation of the provisions of the Maritime Safety Bill 2004 have been invited to attend.

The main purpose of the seminar is to outline the background and provisions of the Bill and to facilitate discussion and an exchange of information on the implementation of the provisions of the Bill once enacted, with particular emphasis on the by-law making powers of local and harbour authorities.

Postal Service.

Olwyn Enright

Question:

172 Ms Enright asked the Minister for Communications, Marine and Natural Resources if he has received correspondence from the Irish Postmasters’ Union in relation to the recognition of the social dimension of the post office network, and to the 500 post offices which do not have access to an An Post computer; his views on the matter; if he will consider provision of a subsidy for the computerisation of the smaller offices and a subvention requested by them; and if he will make a statement on the matter. [23819/04]

My predecessor received correspondence from the Irish Postmasters' Union seeking a meeting to discuss the future of the post office network. This meeting took place on 23 September 2004.

With regard to the automation of the post office network, An Post bears a statutory obligation to be financially self-sufficient and to conduct its affairs in such a manner as to minimise costs to its customers. The company's programme of automation for certain post offices was completed in 1997. It is, therefore, only in very exceptional circumstances, such as an existing automated office closing and its equipment being transferred to a suitable neighbouring location which transacts significant volumes of welfare business, that offices are automated today.

The automated network accounts for over 95% of An Post's counter business. This level of automated coverage is considered by An Post to be extremely comprehensive by any objective standard. It is the company's view that there has never been a justifiable customer-service or economic argument which would support the extension of automation to all offices, regardless of their location or business volumes.

Given the minimal business volumes and small customer base of the remaining non-automated post offices and the prohibitively high costs, both capital and on-going, of automating them, An Post advises me that it has no plans to increase the number of automated offices. That decision is entirely a commercial operational matter for the company.

The Government is committed to a viable and widespread rural post office network. However, consideration must be given to the current climate in which An Post is operating, bearing in mind the serious operational losses the company has suffered and the measures, which need to be implemented if the company is to reverse its current situation.

I underline that the Government has already approved an equity injection of €12.7 million for An Post to facilitate the modernisation of the post office network. The equity injection was paid to the company in 2003 and with this in mind, the Government is not considering providing a subsidy or subvention towards the post office network.

Fishing Industry Development.

Thomas P. Broughan

Question:

173 Mr. Broughan asked the Minister for Communications, Marine and Natural Resources the steps he will take with regard to the escalation of costs in the fishing industry, especially the cost of marine diesel fuel. [23839/04]

The recent escalation of fuel costs as a result of global economic and political conditions is a matter of concern for all sectors of industry. The fishing industry is, however, exceptionally exposed to these increases because of the relatively high proportion of fuel costs to overall costs.

The fishing industry in Ireland and throughout the European Union receives favourable treatment in the form of a full rebate on excise and VAT on marine fuel, if the enterprise concerned is registered for VAT. However, there are strict EU rules in relation to public aid which state that "State aid which is granted without imposing any obligation serving the objectives of the Common Fisheries Policy on the part of the recipients" and which has the effect of reducing the recipient's production costs or improving the recipient's income is, as operating aid, incompatible with the common market. The Commission intends to apply this rule with rigour to all operating aid, including aid in forms of tax relief, or of reductions of contributions to social security or to unemployment benefit systems, and therefore is not permitted. Accordingly, the question of compensation to offset the costs arising from the increase in fuel prices does not arise.

In this specific situation, it is, therefore, not open to me to intervene. I will continue to keep the situation closely monitored and consider any proposals from industry that may help to alleviate the situation for fishermen and do not breach state aid rules.

Fisheries Protection.

Thomas P. Broughan

Question:

174 Mr. Broughan asked the Minister for Communications, Marine and Natural Resources his views on proposed EU safeguard measures for EU imports of Atlantic salmon. [23840/04]

The position is that the Commission Regulation 1477/2004 imposing provisional safeguard measures on imports of farmed salmon into the Community was adopted on 13 August 2004. The regulation was referred to the Council under Article 16(7) of Regulation 3285/1994, which could result in the provisional safeguard measures falling by early December. On 8 September, the Community industry lodged an anti-dumping complaint with the Commission and advised that it will shortly lodge an anti-subsidy complaint, both against imports of salmon from Norway.

In this situation, the Commission has taken up contact with a number of interested parties in order to find a solution which would stabilise the market for farmed salmon and avoid uncertainty for the economic operations concerned. In the context of finding a long-term solution, the Commission is considering a number of options, including the introduction of a minimum import price and the continuation of the quota regime at a higher level.

A meeting of the EU safeguards committee is planned for 8 October to enable the Commission to review the situation and consider possible amendments to the provisional measures. It is critical that there is support for the Commission's proposals from the committee in order for the Commission to deliver an effective revised package. I am strongly supportive of the Commission's efforts to find a long-term solution that will provide the necessary stability to the EU market and ensure a viable future for the Irish farmed salmon producers.

Thomas P. Broughan

Question:

175 Mr. Broughan asked the Minister for Communications, Marine and Natural Resources his views on the proposed new EU Community Fisheries Central Agency and its location at Vigo, Spain; and if he will be making further proposals on the matter. [23841/04]

Control and enforcement is an important element of the objective to ensure sustainability of fish stocks. Many fish stocks migrate between different jurisdictions of member states and there is, therefore, a clear requirement for effective co-ordination and co-operation in fisheries control and enforcement. A key objective of the proposed Community Fisheries Control Agency is to improve such co-operation and co-ordination between member states and, accordingly, I welcome the establishment of this agency.

The decision on the location of any European Community institution is a matter for the heads of state or government of member states. Under the Italian Presidency, in December 2003, decisions were taken on the locations of a number of Community institutions, including the location of the Community Fisheries Control Agency in Spain. In these circumstances, the question of further Irish proposals on the matter does not arise.

Departmental Expenditure.

Olwyn Enright

Question:

176 Ms Enright asked the Minister for Communications, Marine and Natural Resources the amount of money paid out by his Department in public relations fees; the name of the firm that was paid the highest amount; the amount paid to a specific firm (details supplied); the amount of money paid out by the Department in other consultancy fees; the name of the firm or individual paid the highest amount for the most recent 12 month period; and if he will make a statement on the matter. [23870/04]

It has not been possible in the time available to identify and assemble all the relevant material as required by the Deputy. I have asked my Department to compile the information and I will issue a comprehensive reply directly to the Deputy as soon as possible.

Olwyn Enright

Question:

177 Ms Enright asked the Minister for Communications, Marine and Natural Resources the total amount of money paid out by his Department in legal fees; the details of the firms paid the greatest amount of fees; the total amount of money paid out in legal settlements; the number of such settlements; the total number of claims against his Department, for the most recent 12 month period; and if he will make a statement on the matter. [23884/04]

It has not been possible in the time available to identify and assemble all the relevant material as required by the Deputy. I have asked my Department to compile the information and I will issue a comprehensive reply directly to the Deputy as soon as possible.

Ministerial Appointments.

Dan Boyle

Question:

178 Mr. Boyle asked the Minister for Communications, Marine and Natural Resources the public appointments made by his Department between 1 July and 30 September 2004. [23915/04]

The information sought by the Deputy is set out in the following table.

Appointments to the boards of State-sponsored bodies made by the Minister for Communications, Marine and Natural Resources between 1 July and 30 September 2004.

Name:

Appointed to:

Date:

Brendan Byrne

ESB

01 Sept 2004

Martina Moloney

EirGrid

15 Sept 2004

Maurice Holly

EirGrid (Staff Representative)

21 Sept 2004

Fergus McArdle

Bord na Móna

28 Sept 2004

Rose McHugh

BIM

29 Sept 2004

Terry Fleming

Marine Institute

29 Sept 2004

Joe Murphy

Digital Hub

29 Sept 2004

Inland Fisheries.

Eamon Ryan

Question:

179 Mr. Eamon Ryan asked the Minister for Communications, Marine and Natural Resources the largest number of allocated tags that were given to any one commercial wild salmon fisherman in summer 2004; the number for each of the next 20 largest allocations to individual licensees; and the district each commercial licence operated from. [23986/04]

Under the wild salmon and sea trout tagging scheme regulations, the allocation of tags to commercial salmon fishing and angling licence holders is the responsibility of the relevant regional fisheries board. Neither I nor my Department have any role in this matter.

The Central Fisheries Board is responsible for the publication of an annual fisheries statistics report containing all relevant data relating to the commercial salmon fishing and angling seasons. I understand that the Central Fisheries Board is currently collating this year's data on the tagging scheme from the regional fisheries boards with a view to finalising the annual report for 2004 as soon as possible. I am advised by the Central Fisheries Board that the information being sought by the Deputy will be included in the annual report for 2004 and I have asked the chief executive officer of the board to ensure the Deputy receives a copy of this report as soon as it is available.

Departmental Expenditure.

Olwyn Enright

Question:

180 Ms Enright asked the Minister for Arts, Sport and Tourism the amount of money paid out by his Department in public relations fees; the name of the firm that was paid the highest amount; the amount paid to a specific firm (details supplied); the amount of money paid out by the Department in other consultancy fees; the name of the firm or individual paid the highest amount for the most recent 12 month period; and if he will make a statement on the matter. [23871/04]

The total amount of money paid out by my Department and the national cultural institutions in respect of public relations fees for the 12 month period October 2003 to September 2004 was €351,479. Of this total, Fleishman Hilliard Saunders received the highest amount, €127,141, for public relations and media services associated with the five month ReJoyce-Dublin 2004 festival. No payments were made to the particular company referred to by Deputy Enright.

Regarding fees paid to other consultants by my Department, a total of €1,544,334 was paid during the 12 month period in question. Of this, Deloitte & Touche received the highest amount, €194,014, in respect of verification controls on a representative sample of expenditure on projects funded under the Operational Programme for Tourism 1994-1999 in compliance with the requirements of Article 3 of Commission Regulation (EC) No. 2064/97.

Some 58% of the total public relations and consultancy payments referred to were made to consultants and companies contracted to provide specialist services in respect of major one-off projects and programmes undertaken by my Department during the period concerned, such as the ReJoyce Dublin 2004 festival; the cultural programme of Ireland's Presidency of the EU; and the festival of Irish culture held in China earlier this year.

Expenditure on public relations and other consultancy services is monitored closely in my Department. Such services are only engaged where the required expertise is not available within the Department.

Olwyn Enright

Question:

181 Ms Enright asked the Minister for Arts, Sport and Tourism the total amount of money paid out by his Department in legal fees; the details of the firms paid the greatest amount of fees; the total amount of money paid out in legal settlements; the number of such settlements; the total number of claims against his Department, for the most recent 12 month period; and if he will make a statement on the matter. [23885/04]

The total amount of money paid out by my Department in the last 12 months in legal fees is €3,346. This was a single payment to Doerner Saunders Daniel and Anderson LLP, 320 South Boston Avenue, Suite 500, Tulsa, Oklahoma.

There was one instance where money has been paid out in respect of a legal settlement in the last twelve months. The amount was €15,000. This was the only claim made in the period in question.

Ministerial Appointments.

Dan Boyle

Question:

182 Mr. Boyle asked the Minister for Arts, Sport and Tourism the public appointments made by his Department between 1 July and 30 September 2004. [23916/04]

The details of public appointments made by my Department between 1 July and 30 September, 2004 are set out in the following table:

Organisation

Name

Date of Appointment

Irish Sports Council

Mr. Pat O’Neill (Chairman)

1st July 2004

Irish Sports Council

Mr. Maurice Ahern

1st July 2004

Irish Sports Council

Ms Mary Davis

1st July 2004

Irish Sports Council

Mr. Peter McLoone

1st July 2004

Irish Sports Council

Mr. Tony McCarthy

1st July 2004

Irish Sports Council

Ms Tracy Piggott

1st July 2004

National Gallery of Ireland

Dr. Patrick Fottrell

31st July 2004

National Gallery of Ireland

Mr. Desmond Fitzgerald

11th August 2004

Departmental Expenditure.

Dan Boyle

Question:

183 Mr. Boyle asked the Minister for Arts, Sport and Tourism if funds were given directly by his Department or its agencies to the Irish Coursing Club in the past ten years. [23981/04]

Under the provisions of the Greyhound Industry Act 1958, Bord na gCon is the statutory agency responsible for the promotion and development of greyhound racing in Ireland.

Section 16(1)(c) part (vi) of the Act allows Bord na gCon to provide funding to the Irish Coursing Club, ICC, in assisting the club in the performance of its functions or contributing to the costs of schemes operated by the club for the improvement and development of greyhound breeding and coursing.

Bord na gCon has informed my Department that it has not allocated any Exchequer funding to the ICC over the last ten years.

Pat Rabbitte

Question:

184 Mr. Rabbitte asked the Minister for Arts, Sport and Tourism the amount awarded, in respect of each year since 2001, to the horse and greyhound racing fund from the accrued excise duty on off-course betting Exchequer subvention; and if he will make a statement on the matter. [23982/04]

Under section 12 of the Horse and Greyhound Racing Act 2001, the horse and greyhound racing fund was established "for the purpose of giving support to horse and greyhound racing".

In accordance with section 12(3) of the Act, the Minister shall pay into the fund out of moneys provided by the Oireachtas, in the year 2001, an amount equivalent to the revenue paid into the Exchequer in the year 2000 from excise duty on off-course betting.

In accordance with section 12(4) of the Act, the Minister shall pay into the fund out of moneys provided by the Oireachtas, in the year 2002 and in each subsequent year, an amount equivalent to the revenue from excise duty on off-course betting paid into the Exchequer in the preceding year or the year 2000 increased by reference to the consumer price index, whichever is greater.

The amount of the fund and the income derived from off-course betting for each year since 2001 is set out in the table below.

Year

2001

2002

2003

2004

Total

€m

€m

€m

€m

€m

Amount of Fund

58.89

68.06

64.19

66.91

258.05

Excise duty on off-course betting collected in previous year

58.89

68.06

47.95

38.42

213.32

The Government has agreed to continue the fund for a further four years and to increase the limit of the fund to €550 million.

Hospitals Building Programme.

Richard Bruton

Question:

185 Mr. R. Bruton asked the Tánaiste and Minister for Health and Children her plans for the development of the services for persons in the Central Mental Hospital in Dundrum; if her attention has been drawn to the views of relatives that a modern building with high quality services should be developed and should not be located within Mountjoy Prison; and if she will make a statement on the matter. [23811/04]

Proposals for the development of a new Central Mental Hospital are currently under consideration in my Department.

The majority of admissions to the Central Mental Hospital come from within the Prison Service. Accordingly, ease of access between the main Dublin prisons and the hospital would be of importance and I understand that the location of the hospital adjacent to a prison would have operational benefits for the prison service. On the other hand, it must be borne in mind that the Central Mental Hospital is a therapeutic, health care facility. I fully agree with families and carers who feel that it would not be desirable that the hospital be perceived as, or closely identified with, a prison complex.

I understand that the Minister for Justice, Equality and Law Reform has advanced proposals to develop a new prison complex replacing Mountjoy. I recognise the potential benefits of close co-operation between that project and the re-development of the Central Mental Hospital and I will ask my officials to consider how the matter might be progressed to the mutual benefit of both services.

Salt Intake.

Pat Carey

Question:

186 Mr. Carey asked the Tánaiste and Minister for Health and Children if she has had, or proposes to have, discussions with food manufacturers regarding the level of salt in food products in view of an apparent link between levels of salt intake with high blood pressure and strokes; and if she will make a statement on the matter. [23821/04]

The Food Safety Authority of Ireland, FSAI, has analysed the available food consumption data to determine the estimated salt intake of the population and the major types of food that contribute to this intake. Preliminary findings suggest that on average each adult consumes approximately 8.5 g. of salt per day from food. Since 10% to 15% of salt is also added at the table an estimate of overall average intake would be between 9 g. and 10 g. per day. Five food groups contribute around 50% of the salt in the diet. These groups are bread, bacon, meat dishes, meat products and breakfast cereals. Clearly a reduction of salt levels in these food groups will effect a significant reduction in population intake.

The FSAI first engaged with the food industry on the issue of salt in July 2003 through the industry body in IBEC. The meeting agreed that the Irish food industry would work with the FSAI to reduce salt in processed food. Since then there have been separate meetings with the food companies in bread, breakfast cereal and soups and sauces categories with a meeting with the meat processors planned for 26 October. Resulting from these meetings salt has been reduced in Irish bread by at least 5% from 1 January 2004 with further reductions planned in 2005. Most breakfast cereals are manufactured outside Ireland, mainly in the UK, and these are reducing salt in line with UK salt reduction initiatives. The levels of salt in breakfast cereals in 2004 are already 10% to 20% less than they were in 2000. Irish soups and sauces manufacturers are embarking on a project to reduce salt in their products by around 10% with further decreases planned.

On 28 September last, the FSAI sponsored a breakfast on salt reduction with the food industry organised by the Irish Heart Foundation. This was a well attended meeting with 40 to 50 of the major manufacturers and retailers in Ireland present. The evidence behind salt and cardiovascular disease was presented as were industry views and retail sector experience.

In addition, the FSAI's scientific committee is drafting, at the request of my Department, a risk assessment of salt and health which is due to be published before the end of this year. This assessment, when available, will inform policy development in this area. I am satisfied with developments to date and am assured that the FSAI will continue to work with the food industry to agree targets for salt reduction.

Hospitals Building Programme.

Jerry Cowley

Question:

187 Dr. Cowley asked the Tánaiste and Minister for Health and Children if she will release capital funding estimated at €400,000 required for design, to enable the long sought and top priority Ballinrobe community nursing unit to proceed on a site which has been purchased since 1985 in order to bring the project to tender stage (details supplied); when, due to the pressing nature of this unit, the necessary funding will be released; and if she will make a statement on the matter. [23823/04]

My Department is at present examining the health capital programme to ascertain what new projects can be progressed through either planning or construction stages, taking account of existing commitments and overall funding resources available. It is in this context that my Department will continue to liaise with the Western Health Board regarding the proposed development at Ballinrobe in the light of the board's overall capital funding priorities.

Health Board Services.

Finian McGrath

Question:

188 Mr. F. McGrath asked the Tánaiste and Minister for Health and Children if she will review the funding situation regarding a centre (details supplied) in County Galway; and if it will be given the maximum support and advice in order to assist male abuse survivors. [23824/04]

The provision of health and personal social services to victims of abuse is a matter in the first instance for the Western Health Board. My Department has made considerable extra resources available in recent years to the health boards which has led to an increased provision of services.

Organ Retention.

John Deasy

Question:

189 Mr. Deasy asked the Tánaiste and Minister for Health and Children the period of time that was granted to the Dunne inquiry to complete a report; when she expects this report to be published; the cost to date of producing this report; and if she will make a statement on the matter. [23825/04]

John Deasy

Question:

190 Mr. Deasy asked the Tánaiste and Minister for Health and Children the level of co-operation which has been given by the health board to the Dunne inquiry; the efforts which have been made by the hospitals concerned to contact the next of kin of the deceased persons from whom these glands were removed; and if her attention has been drawn to the profits made by companies (details supplied) from the sale of these organs. [23826/04]

I propose to take Questions Nos. 189 and 190 together.

The terms of reference of the post mortem inquiry require it to review post mortem policy, practice and procedure in all hospitals in the State since 1970, with particular reference to organ removal, retention, storage and disposal. The inquiry is also mandated to examine any arrangements with pharmaceutical companies in relation to retained organs including pituitary glands.

The chairman has confirmed that the inquiry has received considerable co-operation from each of the hospitals with which it is dealing and that its non-statutory nature has not thus far significantly hampered its substantive work.

The chairman has indicated she will provide a report on paediatric hospitals in December 2004. At a meeting between the former Minister for Health and Children, Deputy Martin, and the chairman on 8 September it was agreed to examine the inquiry's methodology with the objective of her producing as comprehensive a report as possible on outstanding issues by 31 March next. Pending receipt of the chairman's report, I feel it would be inappropriate for me to comment on the actions of specific pharmaceutical companies. I am advised that individual hospitals have adopted differing policies as regards the question of contacting next of kin of deceased persons whose organs were retained.

At the end of August 2004, the inquiry had incurred direct expenditure of €11,577,610. This includes fees to the inquiry's legal team and costs associated with the establishment, rental and administration of an office. My Department has also provided funding to the Eastern Regional Health Authority and Parents for Justice in respect of the inquiry, related expenditure amounting to €6,780,424. This brings total expenditure relating to the inquiry to the end of August, 2004 to €18.358 million.

Hospitals Building Programme.

Paddy McHugh

Question:

191 Mr. McHugh asked the Tánaiste and Minister for Health and Children when she will approve the submission from the Western Health Board received in her Department in 2002 as regards the Tuam health campus; and when she will allow the Tuam hospital project to proceed. [23835/04]

My Department is at present examining the health capital programme to ascertain what new projects can be progressed through either planning or construction stages, taking account of existing commitments and overall funding resources available. It is in this context that my Department will continue to liaise with the Western Health Board regarding the proposed development at Tuam hospital in the light of the board's overall capital funding priorities.

Departmental Expenditure.

Olwyn Enright

Question:

192 Ms Enright asked the Tánaiste and Minister for Health and Children the amount of money paid out by her Department in public relations fees; the name of the firm that was paid the highest amount; the amount paid to a specific firm (details supplied); the amount of money paid out by the Department in other consultancy fees; the name of the firm or individual paid the highest amount for the most recent 12 month period; and if she will make a statement on the matter. [23872/04]

It is not possible in the time allowed to compile all of the information requested by the Deputy. The information is being collated and will be forwarded directly to the Deputy as soon as possible.

Olwyn Enright

Question:

193 Ms Enright asked the Tánaiste and Minister for Health and Children the total amount of money paid out by her Department in legal fees; the details of the firms paid the greatest amount of fees; the total amount of money paid out in legal settlements; the number of such settlements; the total number of claims against her Department, for the most recent 12 month period; and if she will make a statement on the matter. [23886/04]

The total amount paid out by my Department in respect of legal fees in 2003 was €12,402,959.40. Of this figure, €12,145,395.99 refers to legal fees paid in respect of tribunals and in this regard the greatest amount in fees paid in 2003 was €4,083,103.90 to Malcomson Law. In 2003, the total amount paid out in respect of 42 cases inclusive of legal settlements, costs and continued service provision in certain cases was €3,044,583.16.

As the Deputy will be aware there is a significant delay between the time of settlement and submission of the bill of costs. The figure above represents settlements made in 2003 and includes costs and in some cases continued service provision costs.

I would like to inform the Deputy that the cost of legal services provided by the Chief State Solicitor and the Attorney General are paid from the Attorney General's Vote. Details of the legal costs associated with the hepatitis C and HIV compensation tribunal are contained in the accounts prepared by that tribunal.

Information as regards the total number of claims against my Department in 2003 is not readily available. The information is being collated and will be provided to the Deputy as soon as possible.

Foster Care.

Seán Crowe

Question:

194 Mr. Crowe asked the Tánaiste and Minister for Health and Children when the fostering allowance was established and the reason it was established. [23893/04]

The "boarding out" of children in Ireland is a fostering arrangement which dates back to life under the Brehon Laws. More recently the boarding out of children by health boards, which took over the function of local authorities in this area, was governed by sections 55 and 56 of the Health Act 1953 which replaced the provisions of the earlier Public Assistance Act 1939. Regulations made under the Act in 1954 required a health authority to "provide the funds necessary for the maintenance, clothing and education of any child boarded out by them and for such other assistance of such child as they may consider reasonable".

In 1980, the final report of the task force on child care services recommended that "in all cases the allowance paid to foster-parents should at least be sufficient to cover the added expense which the acceptance of a foster-child entails". The Boarding Out of Children Regulations 1983 replaced the Boarding Out of Children Regulations 1954 and defined a foster parent as "a person with whom a child is or is proposed to be boarded out" and stipulated, inter alia, that in providing funds for the maintainence etc. of such children “a health board shall comply with any directions given by the Minister”. Under the provisions of the Child Care Act 1991 health boards have an obligation to take a child into care if he or she requires care or protection. Currently children are placed in foster care in accordance with the Child Care (Placement of Children in Foster Care) Regulations 1995 which provide, inter alia, for the payment of a fostering allowance. The regulations state: “A health board shall pay foster parents in respect of any child placed with them in accordance with these Regulations an allowance of not less than such amount as may from time to time be specified by the Minister”. Between 1996 and 2000 the allowance for children under 12 increased from £45.60 per week to £75.40 per week, an increase of 65%. The allowance for children over 12 increased by approximately 40% in the same period, from £61.80 per week to £85.75 per week. Foster parents could also avail of discretionary payments from the health boards for additional expenses incurred.

The report of the working group on foster care, May 2001 identified problems in the existing system of allowances, particularly in relation to the discretionary payments. The group considered the level of financial support to be inadequate and recommended increasing the allowance to £200 or €254 per week for children under twelve and £220 or €279 for children of 12 years of age and over, and that discretionary payments be abolished. It further recommended that orphans' allowances or pensions, which are administered by the Department of Social and Family Affairs, should not be paid in respect of children for whom foster care allowances were being paid. The report of the working group was accepted in principle by Government. The increased foster care allowance was introduced in 2001. The current rates are €289.50 per week for a child under 12 and €316.50 per week for a child over 12.

Hospital Procedures.

Richard Bruton

Question:

195 Mr. R. Bruton asked the Tánaiste and Minister for Health and Children the number of inpatient procedures and of day care procedures in 2003 and to date in 2004; and the estimated standard cost of an inpatient procedure and all outpatient procedure in 2003 and to date in 2004. [23894/04]

Figures as regards numbers of in-patient and day-case discharges generally are as follows:

January to December 2003

January to July 2004

Inpatients

567,516

335,335

Day-cases

444,217

274,899

The 2002 estimated casemix standard cost, the latest year for the costs on the national case-mix programme, of inpatient, day-case and outpatient discharges are as follows: average inpatient cost —€3,467; average day-case cost —€547; and average outpatient cost —€141. The level of day-case activity generally has increased from 318,363 in 2000 to 444,217 in 2003 which represents about a 40% increase.

Hospital Services.

Richard Bruton

Question:

196 Mr. R. Bruton asked the Tánaiste and Minister for Health and Children the number of inpatient admissions in hospitals here in 2003 and to date in 2004; the number of day-care cases and the total in-patient and day-care capacity in each year. [23895/04]

Richard Bruton

Question:

198 Mr. R. Bruton asked the Tánaiste and Minister for Health and Children the number of accident and emergency attendances and of outpatient attendances in 2003 and to date in 2004. [23897/04]

I propose to take Questions Nos. 196 and 198 together.

The information requested by the Deputy is provided in the table below.

Publicly Funded Acute Hospitals:

Summary Activity Statistics, 2003 and January to July 2004

January to December 2003

January to July 2004

Inpatient Admissions

567,516

335,335

Day Cases

444,217

274,899

Inpatient Beds Available*

12,306

12,335

Day Beds Available*

921

1,048

Accident and Emergency Attendances

1,208,814

724,630

Outpatient Attendances#

2,278,997

1,417,459

*Figures refer to the average number of beds available for use during the period, taking beds that have been temporarily closed or opened into account.
#Figures refer to attendances at consultant-controlled outpatient clinics only.
Note: All figures are provisional. Source: Integrated Management Returns (IMRs), Department of Health and Children.

Medical Cards.

Richard Bruton

Question:

197 Mr. R. Bruton asked the Tánaiste and Minister for Health and Children the number of persons covered by medical cards; the percentage of population which this represents; and the number of prescriptions issued in 2003 and to date in 2004. [23896/04]

The information requested by the Deputy is set out in tabular form below.

Medical card holders

Population

Number of medical card holders — September 2004

1,151m

Percentage of population

29.39%

Prescriptions

Total number

Number of prescriptions for 2003

12.243m

Number of prescriptions up to May 2004 (latest available)

5.275m

Question No. 198 answered with QuestionNo. 196.

Ministerial Appointments.

Dan Boyle

Question:

199 Mr. Boyle asked the Tánaiste and Minister for Health and Children the public appointments made by her Department between 1 July and 30 September 2004. [23917/04]

I understand the Deputy is referring to persons appointed by the Minister for Health and Children to State boards under the aegis of the Department from 1 July 2004 to 30 September 2004. These appointments are set out in the table below. In addition to these appointments the Deputy may wish to note that Mr. Pat McGrath was announced as the chief executive of the Health Information and Quality Authority on 28 September 2004.

Board

Member

Appointment Date

Leopardstown Hospital Board

Mr. Alan Aylward

07/07/2004

Medical Council

Ms Mary Gilsenan

13/07/2004

Ms Mary Rose Carroll

13/07/2004

Ms Margo Topham

13/07/2004

Ms Deirdre Madden

13/07/2004

Ms Ailís Ní Rían

31/08/2004

National Haemophilia Council

Professor John Bonnar (Chair)

23/09/2004

Mr. Michael Davenport

23/09/2004

Dr. Oonagh Gilligan

23/09/2004

Ms Eilish Hardiman

23/09/2004

Ms Mary Jackson

23/09/2004

Mr. Brian O’Mahony

23/09/2004

Professor Owen Smith

23/09/2004

Dr. Barry White

23/09/2004

National Social Work Qualifications Board

Ms Mary Allen

21/09/2004

National Treatment Purchase Fund Board

Mr. Frank Chambers

02/09/2004

Mr. Victor Boyhan

02/09/2004

Mr. Ray Doherty

02/09/2004

Mr. John O’Dwyer

02/09/2004

Ms Mary Brazil

13/09/2004

Ms Lenore Mrkwica

23/09/2004

Mr. Christy Nolan

23/09/2004

Mr. John Stephens

23/09/2004

Tallaght Hospital Board

Professor Richard Conroy (Chair)

31/08/2004

Dr. Gerry D. Hurley

31/08/2004

Mr. Chris Flood

31/08/2004

Mr. Tony Morris

31/08/2004

Mr. Robert Kelly

31/08/2004

Mr. Michael Gannon

31/08/2004

Mr. W. Salters Sterling

31/08/2004

Ms Catherine Quinn

31/08/2004

Departmental Properties.

Paddy McHugh

Question:

200 Mr. McHugh asked the Tánaiste and Minister for Health and Children if she will provide information on properties (details supplied); and if she will make a statement on the matter. [23934/04]

The information requested by the Deputy is a matter for the Western Health Board. Accordingly, my Department has requested the chief executive officer to reply directly to the Deputy with the information requested.

Mental Health Services.

Denis Naughten

Question:

201 Mr. Naughten asked the Tánaiste and Minister for Health and Children if she will approve and implement the recommendation of the Inspector of Mental Hospitals to merge the Roscommon and east Galway mental health services; and if she will make a statement on the matter. [23941/04]

In his annual report for the year ended 31 December 2003, the Inspector of Mental Hospitals stated that "a case could be made for the amalgamation of the East Galway and Roscommon services". However, the amalgamation of these services was not included as part of the inspector's overall recommendations.

I understand that the western board has established a number of working groups to consider various aspects of the modernisation of mental health services in east Galway. The working groups are examining a range of issues and it is anticipated that a business plan setting out future service developments will be prepared by year end.

Medical Cards.

Paul McGrath

Question:

202 Mr. P. McGrath asked the Tánaiste and Minister for Health and Children the number of medical cards, the number of persons covered by those cards and the percentage of the population which this represents, per health board area; and her plans to honour her election commitment to extend the number of medical card holders by 200,000. [23942/04]

The latest figures available from the GMS (Payments) Board are those for September 2004. The distribution per health board area is as follows:

Health Board Area

No. of medical cards

No. of persons covered

Percentage of population

%

Eastern Regional Health Authority

228,017

338,777

24.17

Midland Health Board

46,589

69,879

31.01

Mid-Western Health Board

68,034

99,605

29.33

North Eastern Health Board

64,592

100,048

29.10

North Western Health Board

60,273

98,445

44.19

South Eastern Health Board

90,289

137,683

32.50

Southern Health Board

120,982

172,701

29.76

Western Health Board

90,119

133,968

35.23

Grand Total

768,895

1,151,106

29.39

The Government is fully committed to the extension of medical card coverage as set out in the programme for Government. This will focus on people on low incomes and will give priority to families with children, particularly those with a disability. The timing of the introduction of the extension will be decided having regard to the prevailing budgetary position.

Hospital Charges.

Paul McGrath

Question:

203 Mr. P. McGrath asked the Tánaiste and Minister for Health and Children the position regarding hospital charges for a premature baby who is confined to hospital for a long time in view of the fact that maternity services, including confinement, are free to all mothers and babies; and the stage at which these charges will be levied for such a child. [23943/04]

The Health (In-Patient Charges) Regulations 1987 specify categories of persons exempted from public hospital statutory in-patient charges, which currently stand at €45 per night up to a maximum of €450 in any 12 consecutive months. As well as those with full eligibility, that is, those covered by the medical card scheme, the categories exempted include infants up to the age of six weeks and women receiving services in respect of motherhood. The 1987 regulations also provide that, pursuant to section 45(7) of the Health Act 1970, a person may be exempted from public hospital charges on hardship grounds if deemed so by the chief executive officer of a health board. In addition, health boards have discretion, in cases of exceptional need, to consider providing additional assistance to individuals where undue hardship would otherwise be caused, and the chief executive officer of the relevant health board should be approached with any concerns in this regard.

Health Board Staff.

Paul McGrath

Question:

204 Mr. P. McGrath asked the Tánaiste and Minister for Health and Children the salary paid to the chief executive of each of the health boards; and her plans in relation to their salary structure in view of the abolition of the boards and the reduced responsibility of those officers. [23944/04]

The information requested by the Deputy in relation to remuneration is set out in the table below:

Name of Board

Salary Scale (as of 1/7/04)

Regional Chief Executive (ERHA)

144,240

Area Chief Executive, East Coast Area Health Board

127,661

Area Chief Executive, Northern Area Health Board

127,661

Area Chief Executive, South Western Area Health Board

127,661

Midland Health Board

117,712

Mid-Western Health Board

117,712

North Eastern Health Board

117,712

North Western Health Board

117,712

South Eastern Health Board

127,661

Southern Health Board

127,661

Western Health Board

127,661

Discussions are continuing between my Department and the health board chief executive officers regarding personnel issues arising from the impending abolition of the health boards. While these discussions are ongoing, it would not be appropriate for me to comment further on the matters raised by the Deputy.

Smoking Ban.

Finian McGrath

Question:

205 Mr. F. McGrath asked the Tánaiste and Minister for Health and Children if her attention has been drawn to the fact that the Samaritans are receiving an increasing number of calls from the elderly following the introduction of the smoking ban. [23945/04]

I am advised that no communications have been received in my Department from the Samaritans regarding the smoke-free workplaces measures.

Health Board Services.

Finian McGrath

Question:

206 Mr. F. McGrath asked the Tánaiste and Minister for Health and Children if persons (details supplied) will be given the maximum support and advice. [23946/04]

As the Deputy will be aware, the provision of health services in Santry is, in the first instance, the responsibility of the Northern Area Health Board acting under the aegis of the Eastern Regional Health Authority. My Department has, therefore, asked the chief executive of the authority to investigate the matter raised by the Deputy and reply direct to him as a matter of urgency.

Michael Ring

Question:

207 Mr. Ring asked the Tánaiste and Minister for Health and Children if the Western Health Board will provide transport to a person (details supplied) in County Mayo. [23987/04]

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

Rail Network.

John Curran

Question:

208 Mr. Curran asked the Minister for Transport if he will report on the progress being made on the Kildare route project. [23805/04]

I understand that Irish Rail is finalising specific proposals for the Kildare route project, which will be submitted to my Department shortly. Following consideration of these proposals, I propose to bring the matter to Government. If Government approval is given, Irish Rail will lodge an application for a railway order with my Department in accordance with the Transport (Railway Infrastructure) Act 2001.

Public Transport.

John Curran

Question:

209 Mr. Curran asked the Minister for Transport if, in advance of the smartcard ticketing system for public transport becoming operational, he will implement an interim measure to allow commuters to purchase some form of single ticket giving them access to bus, Luas and rail rather than purchasing different tickets for each different form of transport. [23806/04]

I refer the Deputy to my reply to Question No. 401 of 5 October 2004. The Railway Procurement Agency has statutory responsibility for the development of a national integrated ticketing system, based on smartcard technologies, for implementation initially in the Dublin area. The contactless smartcard-based integrated ticketing system will enable a passenger to use a single ticket on one or more public transport services, by road and by rail, irrespective of the transport operator involved. A first step was the launch in April of this year, in conjunction with the RPA, of a smartcard ticketing system by a private operator, Morton's Coaches on its services. Another important step will be the launch soon of smartcards on Luas services. In addition, it is expected that Dublin Bus, Irish Rail-DART and some additional private operators will follow during 2005.

Meanwhile, tickets using magnet strip technology are available for travel on Dublin Bus and Irish Rail services, and the RPA has concluded a similar arrangement with Dublin Bus and Irish Rail in respect of Luas services. A combined bus, Luas and rail ticket is under discussion.

Decentralisation Programme.

Paddy McHugh

Question:

210 Mr. McHugh asked the Minister for Transport the progress which has been made on a project (details supplied) in County Galway; if premises have been acquired; and when he expects the project to commence. [23833/04]

The project to decentralise 40 posts in the road haulage division of my Department to Loughrea commenced in December 2003 following the budget speech of the Minister for Finance. The central applications facility has received 84 applications for the decentralising posts, 19 from within my Department. One public servant has expressed an interest in relocating to Loughrea. The evaluation of property solutions is well advanced at this location. However, at this stage, no final decision has been made in the matter.

Paddy McHugh

Question:

211 Mr. McHugh asked the Minister for Transport the progress which has been made on a project (details supplied) in County Galway; if premises have been acquired; and when he expects the project to commence. [23836/04]

The project to decentralise 90 posts in the National Roads Authority to Ballinasloe commenced in December 2003 following the budget speech of the Minister for Finance. The central applications facility has received one application to decentralise from a member of the National Roads Authority and 62 expressions of interest from civil and public servants. The evaluation of property solutions by the Office of Public Works is well advanced at this location. However, at this stage, no final decision has been made in the matter.

Departmental Expenditure.

Olwyn Enright

Question:

212 Ms Enright asked the Minister for Transport the amount of money paid out by his Department in public relations fees; the name of the firm that was paid the highest amount; the amount paid to a specific firm (details supplied); the amount of money paid out by the Department in other consultancy fees; the name of the firm or individual paid the highest amount for the most recent 12 month period; and if he will make a statement on the matter. [23873/04]

Total expenditure by my Department on public relations fees from 1 October 2003 to 30 September 2004 was €12,000. The highest payment was to Laurie Cearr Associates. No payment has been made to the firm specified. The total expenditure on other consultancy fees during the same period was €2,893,000. The highest amount paid to a single firm or individual was to PricewaterhouseCoopers.

Olwyn Enright

Question:

213 Ms Enright asked the Minister for Transport the total amount of money paid out by his Department in legal fees; the details of the firms paid the greatest amount of fees; the total amount of money paid out in legal settlements; the number of such settlements; the total number of claims against his Department, for the most recent 12 month period; and if he will make a statement on the matter. [23887/04]

The total amount paid to solicitors and barristers by my Department during the period 1 October 2003 to 30 September 2004 was €236,000. The largest payment was made to Arthur Cox Solicitors. There were no moneys paid out in legal settlements in the same period. There are seven claims currently against my Department in respect of my responsibilities in regard to motor insurance law.

Departmental Appointments.

Dan Boyle

Question:

214 Mr. Boyle asked the Minister for Transport the public appointments made by his Department between 1 July and 30 September 2004. [23918/04]

The answer to the Deputy's question is in the following table. Appointments were made by my predecessor, Deputy Seamus Brennan.

Agency

Name

Date Appointed

Aer Rianta

Aidan Mullally

21 July 2004

Joe Gantly

28 July 2004 (re-appt)

Pat Shanahan

28 July 2004 (re-appt)

Aer Lingus

John Sharman (Acting Chairman)

3 July 2004

Dublin Airport Authority

Gary McGann

28 July 2004 (designate)

Anthony Spollen

28 July 2004 (designate)

Colm Barrington

28 July 2004 (designate)

Marie O’Connor

28 July 2004 (designate)

Mary Davis

28 July 2004 (designate)

Desmond Cummins

28 July 2004 (designate)

Michael Hodgkinson

28 July 2004 (designate)

Bill Cullen

28 July 2004 (designate)

Cork Airport Authority

Joe Gantly

16 September 2004

Loretta Glucksman

16 September 2004

Eoin O’Cathain

16 September 2004

Veronica Perdisatt

16 September 2004

Don Cullinane

16 September 2004

Humphrey Murphy

16 September 2004

Pat Dalton

16 September 2004

Alf Smiddy

16 September 2004

Shannon Airport Authority

Pat Shanahan

16 September 2004

Olivia Loughnane

16 September 2004

Reg Freake

16 September 2004

Pádraic Burke

16 September 2004

Michael B. Lynch

16 September 2004

Rose Hynes

16 September 2004

Tadhg Kearney

16 September 2004

Patrick Blaney

16 September 2004

National Safety Council

Harry Cullen

2 September 2004

CIE

Kevin Cronin

21 September 2004

NRA

David Holden

28 September 2004

John Newell

28 September 2004

Advisory Council to the Commission for Taxi Regulation

Lucy O’Donoghue

28 July 2004

Ger Deering (Commissioner)

1 September 2004

Dublin Transportation Office

Tony Kelly

28 September 2004

Light Rail Project.

Charlie O'Connor

Question:

215 Mr. O’Connor asked the Minister for Transport if immediate action will be taken by the RPA in respect of graffiti along the Tallaght Luas line; and if he will make a statement on the matter. [23977/04]

The issues raised by the Deputy are matters which are the day-to-day responsibility of the Railway Procurement Agency and I have brought his concerns to its attention.

Charlie O'Connor

Question:

216 Mr. O’Connor asked the Minister for Transport if the RPA will liaise with South Dublin County Council and seek action in respect of the Luas junction at Cookstown Way and Tallaght Hospital at which there are clearly challenges; if he will seek a report from the RPA; and if he will make a statement on the matter. [23978/04]

The issues raised by the Deputy are matters which are the day-to-day responsibility of the Railway Procurement Agency and I have brought his concerns to its attention.

Airport Security.

Róisín Shortall

Question:

217 Ms Shortall asked the Minister for Transport if he will report on the operation at Shannon Airport whereby officials of the American Government are taking fingerprints and photographs of persons travelling to the US; the person at Irish Government level who gave permission for this activity; if these officials have immunity from domestic law; the legal basis for this activity to take place; and if he will make a statement on the matter. [23991/04]

The pre-clearance of US bound passengers at Shannon Airport by the US immigration authorities is provided for by the Air Navigation and Transport (Preinspection) Act 1986 including the agreement which is scheduled to that Act. Last January, as part of their evolving immigration requirements, the US authorities introduced fingerprinting and photographing of all visitors to the US with the exception of visitors from countries, including Ireland, covered by the visa waiver programme. However, the new arrangements were extended by the US authorities to visitors from the visa waiver countries on 30 September 2004 and in April this year, the Department of Foreign Affairs was informed of that proposed extension.

The US Government has the right to control the entry of visitors to its territory and that, regardless of where the new procedures are actually implemented, all Irish travellers to the US must now comply with the new arrangements. Since its establishment on a permanent basis in 1988, officers of the US Government immigration services working in the pre-clearance facilities at Shannon Airport have implemented the immigration and public health laws and regulations for entry into the US. In accordance with the 1986 Act, these officers are not subject to Irish jurisdiction in respect of activities performed by them in the exercise of their duties at the pre-clearance facilities.

State Airports.

Róisín Shortall

Question:

218 Ms Shortall asked the Minister for Transport his views on recent media reports that US aircraft carrying al-Qaeda suspects are passing through Shannon Airport; if an aircraft carrying two Egyptian suspects landed at Shannon on 18 January 2003; and if he will make a statement on the matter. [23992/04]

Some recent press reports claim that a particular aircraft, a Gulfstream V, call sign No. N379P, has used Shannon Airport. The press reports raise the possibility that it could have been carrying prisoners when in Ireland. The press articles also carry reports of allegations that this aircraft was being used in December 2001 by US authorities for the transportation of al-Qaeda suspects from Sweden to Egypt. I understand, however, that the articles do not allege that any stops were made in Shannon at that time.

The Department of Transport has been informed by Shannon Airport management that this particular aircraft, No. N379P, owned by Premier Executive Transport Services, a small US airline, has used Shannon Airport on 13 occasions in the period 2000 to 2004. The aircraft has not used any other Irish airport. Each landing was a technical stop, that is, for refuelling or other technical reasons. On no occasion did any passengers join or leave the flight at Shannon. The aircraft used Shannon once in each year of 2000, 2001 — in September of that year — and 2003, on ten occasions in 2002 and not at all to date in 2004. On these occasions the aircraft was routed from Shannon to airports or air bases in the UK, USA, or Canada. The one occasion in 2003 when the aircraft used Shannon Airport was on 18 January 2003, for a technical stop.

There is no requirement under international or Irish law for aircraft coming into Ireland for refuelling purposes, as this aircraft has done, to notify the Department of Transport in advance, although many airlines voluntarily do so. No notification to operate this aircraft was received by the Department of Transport. There is no evidence that this aircraft was being used for any illegal activity on any occasion when it was in Shannon Airport.

Public Transport.

Róisín Shortall

Question:

219 Ms Shortall asked the Minister for Transport if he has given consideration to the introduction of a free city centre bus service in Dublin, as is common in many other cities, in order to reduce traffic congestion in the city centre and to facilitate persons who need to move within the city centre for business or for shopping; and if he will make a statement on the matter. [23994/04]

While no detailed assessment has been undertaken into providing free city centre bus services, such a scheme could involve substantial loss of revenue for operators and require significant additional Exchequer funding by way of subvention. Evidence to date suggests that the current level of fares is not a deterrent to travel but that consumers are seeking greater certainty in terms of bus punctuality, reliability and frequency. The aim of the current investment in bus priority measures is to improve bus operations in that regard and thereby contribute to reducing congestion.

Garda Deployment.

Charlie O'Connor

Question:

220 Mr. O’Connor asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the concerns of persons (details supplied) in Dublin 24; if his attention has further been drawn to their call for more gardaí to police the area in question and to their concerns including lack of response to calls made, increased drug activity, youth alcohol abuse and the need for the Garda station to record telephone calls in order that residents can obtain a record of complaints; if his attention has further been drawn to the seriousness of these issues; the action which will be taken; and if he will make a statement on the matter. [23812/04]

I have been informed by the Garda authorities which are responsible for the detailed allocation of resources including personnel that the personnel strength — all ranks — of Tallaght Garda station as at 5 October 2004 was 170. The personnel strength of Tallaght Garda station as at 1 January 1998 was 133 — all ranks. This represents an increase of 37, or 28%, in the number of personnel allocated to Tallaght Garda station since 1 January 1998.

I am further informed that the estate referred to by the Deputy has been assigned two community gardaí and that a Garda-South Dublin County Council clinic is held weekly where local people can discuss issues and problems with the community gardaí. In conjunction with the community gardaí, the area also receives attention from the mountain bike unit and the divisional crime task force, the crime prevention unit and regular patrols.

A significant proportion of the problems in the area are related to young people, many of whom are the subject of the juvenile diversion programme and some of whom have been prosecuted before the courts. The youth at risk project run by my Department is working directly with 62 young people in an effort to steer them clear of criminal activity. In addition, I am informed that a range of other measures are in place to deal with the concerns outlined by the Deputy. A public order unit is employed most evenings and every weekend to tackle anti-social behaviour and under age drinking. Alcohol retail outlets are visited regularly in an effort to detect alcohol being purchased by, or sold to, under age persons. Parks and open areas are intensively patrolled in an effort to curtail anti-social behaviour. A dedicated drugs unit based at Tallaght station has made significant drugs seizures during the year, including in the Jobstown area. With regard to telephone complaints to Tallaght station, I am informed that they are immediately logged to the communications system and dealt with accordingly.

The situation will be kept under review and when additional personnel next become available the needs of the Tallaght area will be fully considered within the overall context of the needs of Garda stations throughout the country.

Citizenship Applications.

John Curran

Question:

221 Mr. Curran asked the Minister for Justice, Equality and Law Reform when a decision will be made regarding an application for Irish citizenship in the name of persons (details supplied) in County Dublin. [23813/04]

Applications for naturalisation from the persons referred to by the Deputy were received in the citizenship section of my Department in December 2002. The average processing time for an application for naturalisation is currently 24 months. Consequently, it is anticipated that the applications should be finalised in the next few months. I will inform the Deputy and the applicants concerned as soon as I have reached decisions in these cases.

John Curran

Question:

222 Mr. Curran asked the Minister for Justice, Equality and Law Reform when a decision will be made regarding an application for naturalisation made by a person (details supplied) in Dublin 22. [23814/04]

An application for naturalisation from the person referred to by the Deputy was received in the citizenship section of my Department in April 2004. The average processing time for an application for naturalisation is currently 24 months. Consequently, it is anticipated that the applications should be finalised by mid-2006. I will inform the Deputy and the applicant concerned as soon as I have reached a decision in this case.

Garda Vetting Procedures.

Olwyn Enright

Question:

223 Ms Enright asked the Minister for Justice, Equality and Law Reform if volunteer play workers co-ordinated by Children in Hospital Ireland which, until September 2001, were vetted by the Garda central vetting unit, will as a result of the announcement of new staff in the unit again be vetted by the unit; when it can be expected that this will happen; and if he will make a statement on the matter. [23815/04]

My colleague, Deputy Brian Lenihan, Minister of State with special responsibility for children, recently announced the provision of additional staff resources for the Garda central vetting unit. This will enable the Garda Síochána's vetting services to be extended to all persons working with children and vulnerable adults, be they full-time or part-time workers, students on placements or volunteers. Accordingly, I am pleased to state that volunteer play workers in hospitals are just one of the many groups which will be encompassed by the expansion in vetting services. The expansion will commence as soon as the necessary practical arrangements are in place and it will constitute a major step forward in child protection in this jurisdiction.

Departmental Expenditure.

Olwyn Enright

Question:

224 Ms Enright asked the Minister for Justice, Equality and Law Reform the amount of money paid out by his Department in public relations fees; the name of the firm that was paid the highest amount; the amount paid to a specific firm (details supplied); the amount of money paid out by the Department in other consultancy fees; the name of the firm or individual paid the highest amount for the most recent 12-month period; and if he will make a statement on the matter. [23874/04]

There was no money paid out by my Department to the company referred to by the Deputy. The only public relations firm engaged by my Department during the past 12 months was Edelman PR, which was paid €37,812 for public information services relating to the kNOw racism campaign — the national anti-racism programme.

With regard to the Deputy's request for details of other consultancy fees paid out by my Department during the past 12 months, it is not clear on which consultancy work the Deputy wishes to obtain information. If she could clarify her request, I will endeavour to obtain the information for her as a matter of urgency.

Olwyn Enright

Question:

225 Ms Enright asked the Minister for Justice, Equality and Law Reform the total amount of money paid out by his Department in legal fees; the details of the firms paid the greatest amount of fees; the total amount of money paid out in legal settlements; the number of such settlements; the total number of claims against his Department, for the most recent 12 month period; and if he will make a statement on the matter. [23888/04]

In the time available for answering parliamentary questions, it has not been possible to compile the detailed information requested by the Deputy. The information requested is being compiled at present and I will forward it to her shortly.

Visa Applications.

Fergus O'Dowd

Question:

226 Mr. O’Dowd asked the Minister for Justice, Equality and Law Reform if a visa will be granted to a person (details supplied) on appeal. [23902/04]

The person in question, a 21 year old non-EEA national, previously made a visa application in March 2004 which was refused. My reply to the Deputy's Question No. 269 of 30 June 2004 refers. In that reply I stated that the applicant could submit a fresh application, with up to date supporting documentation.

In assessing any visa application, the visa officer will consider various matters, including whether it is reasonable in all the circumstances to conclude that the applicant's stated purpose of visit is the true purpose of visit and whether the applicant will fully honour the conditions of the visa, for example, is unlikely to overstay the length of time applied for or to work without a work permit. The visa officer will also have regard to the information provided in the application and to such factors as the applicant's ties and general circumstances in their country of origin, as well as the relative attractiveness and feasibility of remaining in the State. Credibility is central to the visa determination process. The Department's approach in these matters is informed by past experience, including experience of abuse of the system. Common examples of previous abuse include individuals who, although granted a visa to come on a short visit, overstay with a view to establishing themselves permanently in the State.

The current visa application in respect of the person in question was made in July 2004 to enable her to visit the State for the purpose of a three month holiday. This second application was refused because the applicant had not shown that she had any obligations to return home following her proposed visit. She stated that she is a farmer on her visa application form, yet no documentation was submitted with her application to support this claim. In effect, this new application did not contain any additional information from the applicant which could show she had any obligations to return home following her proposed visit.

An appeal against the refusal, which consisted of a letter from the reference in Ireland, and a letter from the Deputy, was received on 23 September 2004. The visa appeals officer considered the application afresh and upheld the decision to refuse the application. It is still open to the applicant to submit a fresh application if she still wishes to visit the State. However, any new application should include the applicant's employment details and evidence of any other obligations she may have which would guarantee her return home following her proposed visit.

Registration of Title.

Michael Ring

Question:

227 Mr. Ring asked the Minister for Justice, Equality and Law Reform if the Land Registry Office will expedite a dealing application for a person (details supplied) in County Mayo. [23903/04]

I am informed by the Registrar of Titles that this is an application for a transfer which was lodged on 23 September 2004 — dealing number D2004SM008132T refers. I am further informed that this application is receiving attention in the Land Registry and will be completed within the next few weeks.

Asylum Applications.

Paul McGrath

Question:

228 Mr. P. McGrath asked the Minister for Justice, Equality and Law Reform if he will report on the circumstances by which an Irish citizen has been put into care due to the unexpected arrest and imprisonment of their mother; if this mother was charged before the courts prior to imprisonment; and if he will make a statement on the matter. [23904/04]

There is some uncertainty as to the person referred to by the Deputy. From the limited details the Deputy supplied to my Department on being contacted, it is presumed that he is referring to the person referred to below.

This person entered the State on 4 October 2002 and applied for refugee status. Her son was born in the State on 6 November 2002. An interview by the Office of the Refugee Applications Commissioner was scheduled to take place on 19 December 2002. The notification of the interview crossed over with an application by the person to withdraw from the asylum process and a request for permanent residency in the State on the basis of the birth of her Irish-born child.

Following the decision on 23 January 2003 of the Supreme Court in the cases of L and O, the separate procedure which then existed to enable persons to apply to reside in the State on the sole basis of parentage of an Irish-born child ended on 19 February 2003. The Government decided that the separate procedure would not apply to cases, which were outstanding on that date.

In accordance with section 3 of the Immigration Act 1999, as amended, the person concerned was informed on 26 February 2004 that it was proposed to make a deportation order in respect of her and she 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 she should not be deported; to voluntarily leave the State; or to consent to deportation.

Since the person in question did not have an alternative legal basis for remaining in the State, the issue of permission to remain was considered only in the context of the Ministerial proposal to deport her. After consideration of the range of factors set out in section 3(6) of the Immigration Act 1999, as amended, I decided to make a deportation order in respect of her. The deportation order was signed on 24 June 2004 and was served on her by registered post on 20 August 2004.

Section 5 of the Immigration Act 1999, as amended, provides for the arrest and detention of a people who fail to comply with any provision of a deportation order such as making themselves available to and co-operating with the gardaí for the purposes of ensuring their removal from the State. The person concerned evaded deportation and was recently arrested by Garda and lodged in the Dóchas Centre, Mountjoy, while arrangements were being made for her removal to Nigeria. She subsequently reclaimed asylum on 1 October 2004 and because of this was released from detention on the same day. I understand that social workers from the health board were due to reunite her with her child on her release.

Ministerial Appointments.

Dan Boyle

Question:

229 Mr. Boyle asked the Minister for Justice, Equality and Law Reform the public appointments made by his Department between 1 July and 30 September 2004. [23919/04]

The information requested by the Deputy is set out in the following tabular statement:

Name of Board

Public Appointments

Date of Appointment

Criminal Injuries Tribunal

Ms Carol Fawsitt, Chairperson, Ms Olive Brennan BL, Mr. Maurice Dockrell BL, Mr. Conor Bowman BL, Ms Sinead Behan, Solicitor; Mr. Con Murphy, Solicitor; Mr. Patrick F. O’Connor, Solicitor

21 July, 2004

Refugee Appeals Tribunal

Ms Michelle O’Gorman, BL, Mr. Rory MacCabe, SC, Mr. David Andrews, SC, Mr. Ben Garvey, BL

17 July, 2004; 31 July, 2004; 3 August, 2004; 26 September, 2004 (All reappointments)

Interim Parole Board

Mr. Martin Tansey, Ms Daisy O’Reilly, Mr. Frank McCarthy, Mr. Tim O’Donoghue, Ms Lillian McGovern, Ms Anne O’Gorman, Mr. Sean Lowry, Mr. Brian Purcell

All appointed 1 July, 2004 (All reappointments)

Film Censors Office

Assistant Film Censors: Mr. Peter Joseph Sheridan, Ms Caroline Canning-Kinneen, Ms Patricia Murphy, Mr. Mark Brennan, Ms Dani McClafferty

All appointed 24 September, 2004 following a request by the Film Censor for additional Assistant Censors.

In addition, 43 peace commissioners have been appointed by the Department during the period specified. Peace commissioners are appointed under section 88 of the Courts of Justice Act 1924. The office of peace commissioner is an honorary appointment and peace commissioners receive no remuneration or compensation by way of fees or expenses for their services.

Jewish Community.

Trevor Sargent

Question:

230 Mr. Sargent asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the fact that many young Irish Jews are emigrating to more vibrant Jewish communities around the world; if he intends to make it easier for young Jews from eastern Europe or Israel, for example, to move here and help rejuvenate this country’s Jewish community. [23933/04]

Significant numbers of people from all over the world, including Eastern Europe and Israel, have legally migrated to the State for a variety of purposes, in particular for employment. Furthermore, EU citizens enjoy rights to free movement under the European treaties and many have exercised their right to work in Ireland. However, I am not aware of the religious or ethnic origin of these people.

The Irish immigration system does not make any distinction on the basis of religion or ethnic origin nor does any policy exist to encourage migration of persons of any religion or any ethnic origin to the State.

Grant Payments.

Enda Kenny

Question:

231 Mr. Kenny asked the Minister for Justice, Equality and Law Reform when a decision will be made on an application for a club (details supplied) in County Mayo in respect of grant assistance for crèche development under the child care capital programme; if this application has been assessed; if funding will be made available towards this application; and if he will make a statement on the matter. [23935/04]

I understand that a capital grant application for more than €717, 000 was submitted by the group to my Department in December 2003. The Equal Opportunities Childcare Programme 2000 — 2006 is a seven-year development programme which aims to increase the availability and quality of child care to support parents in employment, education and training. The progress of the programme was commented upon very favourably by the mid-term evaluators of both the regional operational programmes and the National Development Plan 2000-2006 and following the mid-term review additional funding of approximately €12 million was made available for the child care measures. This brings the total funding available for the programme to €449.3 million.

There has been considerable demand from community-based groups for capital grant assistance under the programme and every county has benefited significantly from grants to provide new and enhanced community-based child care facilities and to support capital developments in the private child care sector. ADM, on behalf of my Department, is carrying out an extensive review of the programme's capital commitments to date, which number 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 present programme. At the same time, an extensive review of child care provision on the ground has taken place to identify obvious service gaps, the filling of which will be a priority using the remaining capital funding which currently exceeds €30 million, of which approximately €25 million is 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 that 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 on to the allocation of the remaining funding are 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 become 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. In the interim, it would be premature of me to comment further on this capital grant application.

Gerard Murphy

Question:

232 Mr. Murphy asked the Minister for Justice, Equality and Law Reform the way in which the grant aid available to the crèches in Boherbue, County Cork and the crèche in Millstreet, County Cork is dealt with; if an application for further funding has been received; his views on the crisis in funding that has closed the crèche temporarily in Ballydesmond, Mallow, County Cork; if there are outstanding applications for funding; and his views on whether the funding is adequate, considering that other crèches are closing or in financial crisis due to the inadequacy of current funding. [23936/04]

As the Deputy may be aware, applications for funding are assessed under the criteria of the equal opportunities child care programme and, following a recommendation made to me by the programme appraisal committee, I issue a decision on these applications for funding.

Millstreet Community Council was awarded capital and staffing funding under the Equal Opportunities Childcare Programme 2000-2006 in 2001. I understand this group may have suspended some elements of its child care services recently and the group is currently having discussions with Area Development Management Limited, which manages the day-to-day operation of the equal opportunities child care programme on behalf of my Department. I understand the issue of ongoing staffing grant assistance for this group is also under consideration at present.

A crèche, Tír na nÓg, in Ballydesmond was awarded capital funding of €1 million in 2002 and total staffing funding of €235,000 over three years. I have made inquiries and am told that this crèche has not been temporarily closed.

As the Deputy may already be aware, I approved a grant for Boherbue Educare Centre Limited of €90,000 towards staffing costs in October 2003. I understand that a capital grant application for more than €1.2 million was submitted by the group to my Department in February 2003. This capital application is in the final stages of the application process and it would be premature for me to comment further at this time.

The Equal Opportunities Childcare Programme 2000-2006 is a seven-year development programme which aims to increase the availability and quality of child care to support parents in employment, education and training. The progress of the programme was commented upon very favourably by the mid-term evaluators of both the regional operational programmes and the National Development Plan 2000-2006 and following the mid-term review additional funding of approximately €12 million was made available for the child care measures. This brings the total funding available for the programme to €449.3 million. To date, Cork county and city have been awarded capital and staffing funding of more than €25 million under the Equal Opportunities Childcare Programme 2000-2006.

There has been considerable demand from community based groups for capital grant assistance under the programme and every county has benefited significantly from grants to provide new and enhanced community-based child care facilities and to support capital developments in the private child care sector. ADM, on behalf of my Department, is carrying out an extensive review of the programme's capital commitments to date, which number 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 present programme. At the same time, an extensive review of child care provision on the ground has taken place to identify obvious service gaps, the filling of which will be a priority using the remaining capital funding which currently exceeds €30 million, of which approximately €25 million is 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 understand that the recommendations on the allocation of the remaining funding are currently in preparation. If a project is recommended for funding as part of this process, its recommendation will be conditional upon its being able to establish that it can be completed within a fixed budget and a tight time frame.

Should a project not be recommended for priority funding at this time, it will be considered again should additional capital resources come available, if the project has adequately demonstrated that it would merit funding under the programme during the review process. The allocation of any additional capital 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 funding for this key sector. Indeed, should any additional funding become available before the end of the present national development plan, I would expect that the programme would again benefit from transfers.

In the interim, it would be premature of me to comment further on any remaining grant applications in the Cork area.

Garda Communications.

Jim O'Keeffe

Question:

233 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform if, in view of the existing manual administration of PULSE which has given rise to a double-entry system and inevitable loss of Garda time, consideration has been given to the recruitment of additional secretarial or support staff in all major Garda stations for this purpose; if consideration has been given to supplying gardaí with handheld computers into which they can remotely input incident reports and other data into PULSE; and if he will make a statement on the matter. [23947/04]

In the time available it has not been possible to provide the information sought by the Deputy. I will correspond directly with him in the near future.

Civilianisation Programme.

Jim O'Keeffe

Question:

234 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform, further to Question No. 196 of 30 September 2004, if the civilianisation of 496 Garda posts approved in 2001 has been carried out in full; the number of civilianisation posts remaining unfilled; the reasons such posts remain unfilled; and if he will make a statement on the matter. [23948/04]

The Government approved programme referred to by the Deputy provided for an extensive programme of civilianisation to be introduced on a phased basis over a number of years. In addition to civilianising technical and administrative posts, the programme also provided for the transfer of finance functions from Garda district clerks to civilians, and the subsequent upgrading of the new civilian role to staff officer. The filling of these particular posts is well underway and is now nearing completion.

However, the next phase of civilianisation must be rolled out within the confines of the Government decision of 4 December 2002. This decision places a cap on numbers across the public service. My Department is reviewing the position with both the Department of Finance and Garda management as to how we will proceed further with our civilianisation programme in the context of the overall constraints of public service numbers.

Garda Communications.

Jim O'Keeffe

Question:

235 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform the estimated cost of acquisition and roll out of the new Tetra Garda radio communications system; and if he will make a statement on the matter. [23949/04]

As the Deputy will be aware, 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 detailed business case for the extension of the system on a nationwide basis and this was submitted to me by the Garda Commissioner for consideration. The business case contained very broad indicative costs for various procurement models.

Discussions are ongoing between officials of my Department, the Garda authorities and the Department of Finance on the various technical and implementation options, and I expect these to be concluded in the near future. The procurement model to be adopted will have a significant bearing on the overall costs. Accordingly, I expect the estimated costs to be finalised as part of this process.

Strategic Management Initiative.

Jim O'Keeffe

Question:

236 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform if the performance indicators of the Garda Síochána have been published; if not, the reason therefor; and if he will make a statement on the matter. [23950/04]

I am informed by the Garda Commissioner that arrangements are now being made for the publication on the Garda website of the Garda action plan under the Sustaining Progress — Social Partnership Agreement 2003 to 2005, which I understand is the focus of the Deputy's question.

Departmental Investigations.

Jim O'Keeffe

Question:

237 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform if the departmental review of legislation requested by the Attorney General in search of Henry VIII provisions in legislation has been completed; if he will report on the findings; and if he will make a statement on the matter. [23951/04]

It is assumed that the audit referred to in the Deputy's question is that referred to in the Taoiseach's reply to Question No. 2 of 30 March 2004. To the extent that the audit concerns areas of the statute book within my functional remit, it is ongoing at present but has not so far thrown up instances of legislation of the kind referred to which might require remedial legislative action. I am not in a position to respond regarding the many areas of the statute book not within my functional remit.

Garda Strength.

Jim O'Keeffe

Question:

238 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform the number of gardaí at 1 May 1997; the number of gardaí at 29 September 2004; and if he will make a statement on the matter. [23952/04]

I have been informed by the Garda authorities that the personnel strength, all ranks, of the Garda Síochána was 10,765 on 1 May 1997 and 12,136 on 29 September 2004.

Jim O'Keeffe

Question:

239 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform the number of persons who left the Garda due to ill-health, retirement, death, dismissal or otherwise in each of 2002, 2003 and 2004; and if he will make a statement on the matter. [23953/04]

I have been informed by the Garda authorities that the details requested by the Deputy regarding the number of persons who left the force in 2002, 2003 and 2004 due to ill-health, retirement, death, dismissal and otherwise are as follows: 406 in 2002; 417 in 2003; and 377 in 2004, up until 4 October last. One member was dismissed with effect from 5 October 2004. The projections from 5 October to 31 December 2004 are that 30 members, all ranks, will retire on compulsory grounds and one member will retire on medical grounds. In addition, 25 members have applied to retire voluntarily.

Garda Training.

Jim O'Keeffe

Question:

240 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform the number of gardaí who completed their training and passed out of Templemore in each of 2002, 2003 and 2004; and if he will make a statement on the matter. [23954/04]

I have been informed by the Garda authorities that the number of recruits who graduated from the Garda College in 2002 and 2003 and up to 4 October 2004, as well as projected figures for the period between 5 October 2004 and 31 December 2004 are as follows: 485 in 2002, 475 in 2003, 363 in 2004 up to 4 October and 175 between 5 October and 31 December 2004.

Probation and Welfare Service.

Richard Bruton

Question:

241 Mr. R. Bruton asked the Minister for Justice, Equality and Law Reform the reason he has not produced statistics on the caseload and progression of clients of the probation and welfare service and of activity levels under different services; and if he will provide the latest data which he has for this service for the years since 1997. [23970/04]

Statistics for the years up to and including 1999 are available in the annual reports of the probation and welfare service. Statistics for 2000 to 2003, inclusive, are expected to be available by the end of November 2004.

Prisons Building Programme.

David Stanton

Question:

242 Mr. Stanton asked the Minister for Justice, Equality and Law Reform the position regarding the proposed bridge to be built to Spike Island; and if he will make a statement on the matter. [23972/04]

David Stanton

Question:

243 Mr. Stanton asked the Minister for Justice, Equality and Law Reform the situation regarding suggestions to construct a new prison on Spike Island; and if he will make a statement on the matter. [23973/04]

I propose to take Questions Nos. 242 and 243 together.

Officials from the Prison Service have held a series of meetings with the Office of Public Works and professional advisers on the possible construction of a new prison complex on Spike Island to replace the existing Cork and Fort Mitchel prisons, as well as the possible construction of a new bridge to connect the island to the mainland. My officials are continuing to work on this project in conjunction with the OPW. Such facilities would address the overcrowding difficulties that arise from time to time, offer significant improvements in the areas of work, training, educational and medical services and provide predominantly single cell accommodation with in-cell sanitation facilities.

Registration of Title.

Tom Hayes

Question:

244 Mr. Hayes asked the Minister for Justice, Equality and Law Reform when the registration process will be completed and a folio number allocated to persons (details supplied) in County Tipperary. [23989/04]

I have been informed by the Registrar of Titles the relevant application for first registration was lodged on 13 April 2004, dealing number D2004TS007290B refers. I understand that it is not yet possible to estimate the completion date, due to the complicated nature of this type of application, which requires the examination of an applicant's entitlement to the property concerned. However, I assure the Deputy that the dealing is receiving attention in the Land Registry and will be completed as soon as possible.

Visa Applications.

Caoimhghín Ó Caoláin

Question:

245 Caoimhghín Ó Caoláin asked the Minister for Justice, Equality and Law Reform the reason a person (details supplied) was denied a reunification visa. [24323/04]

The visa application in question was made to enable the wife of a non-EEA national employed under the work permit scheme to reside with her husband in the State. A worker employed under the work permit scheme may be joined by their spouse and minor children after the worker has been in the State for a year and has been offered a contract for a further year. The worker must also be able to support the family members in question fully without recourse to public funds. The application in question was refused as the supporting documentation did not show that the worker in question was in a position to support his wife fully. When an appeal was made against the decision, the visa appeals officer re-examined the application and upheld the original decision. If the applicant makes a fresh visa application, with up-to-date supporting documentation, the matter will be considered anew.

Water and Sewerage Schemes.

Bernard Allen

Question:

246 Mr. Allen asked the Minister for the Environment, Heritage and Local Government if he proposes to introduce regulations to make acceptable site suitability assessment reports from chartered engineers regarding septic tanks in order to eliminate a situation in which planners often override reports from consultant chartered engineers. [23803/04]

Decisions on whether to grant or refuse planning permission and the conditions, if any, to be attached to such permissions are the responsibility of the manager of the relevant planning authority, based on the relevant information including assessments from planners or other professionals.

My Department issued a circular letter to planning authorities on 31 July 2003 which dealt with groundwater quality in the context of planning decisions. The circular reminded planning authorities that in assessing planning applications they should consider relevant Government and ministerial policies, as well as the proper planning and sustainable development of the area. The attention of planning authorities was drawn to the vital importance of good siting and design of necessary development in rural areas.

They were also reminded that the current standard for domestic effluent treatment and disposal from single dwelling houses is set out in recommendation SR6 of 1991, which was drawn up by the National Standards Authority of Ireland. Reference was also made to the Environmental Protection Agency's Manual on Treatment Systems for Single Houses, published in 2000, which is designed to help planning authorities, builders and others to deal with the complexities of on-site systems, including newer packaged systems. This manual is being revised.

The circular stated that the assessment of site conditions is critical to ensuring that new development does not adversely affect water quality, specifically groundwater quality, and that site assessors need specific training in this regard. The importance of the installation of on-site systems — conventional septic tank systems and innovative effluent treatment systems — in accordance with the specifications and instructions of manufacturers or suppliers, as well as the terms and conditions of planning permissions, was also emphasised. The circular stated that innovative effluent treatment systems should be certified by the Irish Agrément Board, or by the agrément board or equivalent of an EEA member state, where the latter certificate ensures in use an equivalent level of safety and suitability.

Architectural Heritage.

Marian Harkin

Question:

247 Ms Harkin asked the Minister for the Environment, Heritage and Local Government if he will provide this Deputy with a detailed breakdown of costings of the refurbishment of Lissadell House in County Sligo as estimated by his Department. [23816/04]

My Department was advised by the Office of Public Works in 2003 that additional expenditure of approximately €26.4 million would be required between 2003 and 2009 to carry out conservation works to the main buildings, development works to the demesne and other necessary works to facilitate public access and to allow the development of Lissadell House as a major visitor attraction. The costings were prepared in the context of an assessment of the total costs of acquiring, restoring and presenting the house to the public. As the house was and remains a property in private ownership, it would be inappropriate for me to divulge the professional advice provided on the costs likely to be required for the purchase and development of the house for presentation to the public without infringing on the privacy of the current owners.

Public Service Charges.

Richard Bruton

Question:

248 Mr. R. Bruton asked the Minister for the Environment, Heritage and Local Government the revenue expected to be raised by the new development levies adopted by councils as a result of the direction given by his Department to them; his estimate of the increase in the total building cost that this will represent in the housing and commercial sectors; and if he is considering measures to reduce the impact of these levies on first-time buyers. [23817/04]

Statistics on the payment of development contributions, which are used to fund the capital costs of servicing land for private development, are collected by my Department on an annual basis. Development contributions schemes were adopted by planning authorities by 10 March 2004, as required by the Planning and Development Act 2000, and once adopted all planning permissions granted subsequently were subject to the conditions of the new scheme. 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 amount collected under the new development contribution schemes will not be measurable until 2006-07.

It is not anticipated that the contributions levied will unduly affect the price of houses or new industrial or commercial development. While the development contribution system was reformed by the 2000 Act, the system has in fact been in place since the 1963 Act. As before, development contributions are attached as a condition of planning permission and therefore paid by the person carrying out the development in advance of construction starting. They are not paid by individual house purchasers.

Departmental Expenditure.

Olwyn Enright

Question:

249 Ms Enright asked the Minister for the Environment, Heritage and Local Government the amount of money paid out by his Department in public relations fees; the name of the firm that was paid the highest amount; the amount paid to a specific firm (details supplied); the amount of money paid out by the Department in other consultancy fees; the name of the firm or individual paid the highest amount for the most recent 12-month period; and if he will make a statement on the matter. [23875/04]

The firm specified was employed as part of a larger contract. The amount paid during 2004 in respect of this firm was €717,975.89. The remaining information requested is being compiled by my Department and will be communicated to the Deputy shortly.

Olwyn Enright

Question:

250 Ms Enright asked the Minister for the Environment, Heritage and Local Government the total amount of money paid out by his Department in legal fees; the details of the firms paid the greatest amount of fees; the total amount of money paid out in legal settlements; the number of such settlements; the total number of claims against his Department, for the most recent 12-month period; and if he will make a statement on the matter. [23889/04]

Information is given in respect of the year 2003. The information requested on legal fees is set out in the attached table. The total amount of money paid in legal settlements in respect of 17 claims was €147,101.96, and the number of claims outstanding against my Department was ten.

Payments for legal services are also made by my Department on behalf of the Tribunal of Inquiry into Certain Planning Matters and Payments. Such payments totalled €2,794,615.10 in 2003.

Legal Fees — 2003

Company

Amount

Phillippe Sands, B.L.

318,962.53

Vaughan Lowe, B.L.

209,727.58

Eoghan Fitzsimons, B.L.

120,758.00

Paul Sreenan, B.L.

112,288.00

State Claims Agency

84,822.20

Maurice G. Lyons & Co. Solicitors

79,989.13

O’Donnell Sweeney Solicitors

25,410.00

Philip Lee Solicitors

2,748.22

Branigan Berkery Solicitors

1,566.40

Paul Lynch & Co. Solicitors.

1,534.25

Elizabeth Cogan, B.L.

1,000.00

Micheál Máirtín Ó Sé, B.L.

975.26

Vivian Raine, Solicitor

750.00

Dermot McKeon, B.L.

441.54

Total

960,973.11

Local Authority Housing.

Bernard Allen

Question:

251 Mr. Allen asked the Minister for the Environment, Heritage and Local Government the number of persons on local authority housing lists on a yearly and local authority basis from 1997 to date. [23898/04]

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. A detailed breakdown by local authority of the results of these assessments was published in my Department's housing statistics bulletins for the September quarters in 2002 and 1999, and copies are available in the Oireachtas Library. These assessments are carried out at intervals of three years, and the next comprehensive assessment of housing needs is due to be undertaken by local authorities at the end of March 2005.

Water and Sewerage Schemes.

Pat Breen

Question:

252 Mr. P. Breen asked the Minister for the Environment, Heritage and Local Government, further to Question No. 448 of 6 July 2004, if his Department has dealt with the preliminary report as submitted by Clare County Council for the Labasheeda, Carrigaholt and Cooraclare DBO sewerage schemes; and if he will make a statement on the matter. [23899/04]

The Carrigaholt-Labasheeda-Cooraclare sewerage scheme is included in my Department's Water Services Investment Programme 2004 to 2006 to commence construction in 2006. The preliminary report setting out the proposed scope, objectives and outputs expected from the scheme is under examination in my Department, and a response will issue to Clare County Council within the next four weeks.

Ministerial Appointments.

Dan Boyle

Question:

253 Mr. Boyle asked the Minister for the Environment, Heritage and Local Government the public appointments made by his Department between 1 July and 30 September 2004. [23920/04]

A number of different processes are involved in appointments to public bodies. In some cases statutory selection procedures must be followed or nominations sought from independent nominating panels before appointments are made by the Government or by the Minister for the Environment, Heritage and Local Government. In other cases, only particular public office holders may be appointed to certain boards. In a number of situations, only some appointments to the body concerned are made by the Minister.

In the context of the above, five appointments have been made to state bodies under the aegis of my Department since July 2004 as follows.

Name of Body

Name of Person Appointed

Date of Appointment

Dublin Docklands Development Authority Council

Cllr. Aodhán Ó Riordáin

15 September 2004

Cllr. Tom Stafford

15 September 2004

(Both nominated by Dublin City Council)

Environmental Protection Agency

Laura Burke

14 July 2004

Dara Lynott

14 July 2004

(Both appointed by the Government following an interview process by a statutory selection committee)

Radiological Protection Institute of Ireland

Dr. Seán Darby

2 September 2004

(Nominated by the Faculty of Radiology, College of Surgeons in Ireland)

Environmental Policy.

Trevor Sargent

Question:

254 Mr. Sargent asked the Minister for the Environment, Heritage and Local Government his plans to increase Ireland’s contributions to UN funds to protect environmental habitats and rare species such as the tiger, panda, great ape and rainforest programmes. [23932/04]

My Department contributes on an annual basis to the United Nations environment fund, or UNEP, and in 2004 contributed the sum of €317,000. That figure is above the indicative scale of contributions requested by UNEP. The fund is administered by UNEP, whose priorities include environmental monitoring, assessment, information and research, including early warning of environmental threats, co-ordination of environmental conventions and development of environment policy instruments.

My Department also contributes to the global environment facility. The facility provides funding to developing countries for projects and activities that aim to protect the global environment, including biological diversity. Responsibility for implementing GEF activities is a matter for the United Nations Development Programme, or UNDP, the United Nations Environment Programme, or UNEP, and the World Bank. Ireland contributed €1,408,000 in 2004 to the facility in accordance with an agreed programme.

Furthermore, my Department has a consultative role regarding the Department of Foreign Affairs' Ireland Aid multilateral environmental trust fund for Africa. The priority areas for the trust fund, implemented by UNEP, include protection of freshwater resources, access to environmental information for decision-making, protection of coastal and marine environment and conservation of biological diversity.

Local Authority Funding.

Bernard J. Durkan

Question:

255 Mr. Durkan asked the Minister for the Environment, Heritage and Local Government if his Department will not reduce financial support available to Kildare County Council arising from increased development levies or charges; if, in his compilation of Estimates for 2005, he will give an assurance that the increased charges imposed by Kildare County Council and others will not bring about a reduction in rate support or other grants; and if he will make a statement on the matter. [23957/04]

Income from development levies is not taken into consideration in determining grant support for local authorities, and I have no proposals to alter that.

Jim O'Keeffe

Question:

256 Mr. J. O’Keeffe asked the Minister for the Environment, Heritage and Local Government the steps which are available to those who wish to upgrade the status of town council, formerly known as town commission, to urban council status; and if funds are available to those who would be interested in researching the pros and cons of such a move for any particular council. [23979/04]

The Local Government Act 2001 was designed to provide a modern legislative framework for all local authorities. Under the Act, all town councils, including former town commissioners, may take action to promote the community interest, exercise a representational role, with an office of mayor and structured linkage to the county council; provide local amenities and raise a local community contribution; make local by-laws and have statutory input to the local development plan process under the planning code.

Certain town councils, other than former town commissioners, are under the relevant statutory service codes responsible for certain mainline functions in the housing, roads and sanitary services areas. The Oireachtas, in its comprehensive review and restatement of local government legislative powers in recent years did not extend responsibility for such mainline functions to additional town councils, and legislation would be required to amend this position.

It would not seem appropriate to provide for special grant assistance for the type of research referred to in the question.

Housing Costs.

Róisín Shortall

Question:

257 Ms Shortall asked the Minister for the Environment, Heritage and Local Government the plans he has to introduce legislation to regulate management services companies in view of the escalating charges faced by many apartment owners; and if he will make a statement on the matter. [23988/04]

An Agreed Programme for Government undertook to consider the introduction of legislation to regulate the establishment and operation of apartment complex management companies. A Law Reform Commission working group is currently examining the law on condominiums. The aim is to develop proposals to provide a mechanism for dealing with issues which are already arising, or which, it is anticipated, will arise, in existing and future multi-unit developments.

As part of its work, this group is considering potential consumer protection elements, including service charges. I understand that the group intends to produce a consultation paper early in the new year. This should provide a basis for considering possible measures and how they should be pursued.

Departmental Expenditure.

Olwyn Enright

Question:

258 Ms Enright asked the Minister for Community, Rural and Gaeltacht Affairs the amount of money paid out by his Department in public relations fees; the name of the firm that was paid the highest amount; the amount paid to a specific firm (details supplied); the amount of money paid out by the Department in other consultancy fees; the name of the firm or individual paid the highest amount for the most recent 12 month period; and if he will make a statement on the matter. [23876/04]

My Department paid out a total of €98,981.53 in respect of public relations fees since its establishment in June 2002. The highest amount, €94,904 was paid toMontague Communications in respect of the National Advisory Committee on Drugs. I can confirm that no moneys were paid to the specific firm.

My Department paid out a total of €2,518,157.23 in respect of other consultancy fees awarded or continued since its establishment in June 2002. The highest amount, €550,223 was paid to Acadamh na hOllscolaíochta Gaeilge in respect of a linguistic study on the usage of Irish in the Gaeltacht as a basis for strengthening the linguistic development of the Gaeltacht as an Irish-speaking area and a basis for a review of the official Gaeltacht boundaries. The balance covers a wide range of consultancies including technical studies on piers, airstrips, etc.

Olwyn Enright

Question:

259 Ms Enright asked the Minister for Community, Rural and Gaeltacht Affairs the total amount of money paid out by his Department in legal fees; the details of the firms paid the greatest amount of fees; the total amount of money paid out in legal settlements; the number of such settlements; the total number of claims against his Department, for the most recent 12 month period; and if he will make a statement on the matter. [23890/04]

My Department has made no legal settlements in the period covered by the question. There is one claim against my Department currently before the courts; no other claims have arisen in the period. My Department has paid €51,174 in legal fees to Philip Lee Solicitors.

Ministerial Appointments.

Dan Boyle

Question:

260 Mr. Boyle asked the Minister for Community, Rural and Gaeltacht Affairs the public appointments made by his Department between 1 July and 30 September 2004. [23921/04]

I can inform the Deputy that I made no public appointments between 1 July 2004 and 30 September 2004 to any of the bodies within the ambit of my Department. However, the Deputy may wish to note that ADM Ltd. appointed two persons nominated by me to fill vacancies on its board. In September ADM Ltd., also appointed three new members to its board who were nominated by the Government. In addition, the Deputy may also wish to note that at its meeting of 14 July 2004, the Government filled the vacancy on the Board of the Commissioners of Charitable Donations and Bequests for Ireland, which comes under the aegis of my Department.

Housing Grants.

Michael Ring

Question:

261 Mr. Ring asked the Minister for Community, Rural and Gaeltacht Affairs when a Gaeltacht housing grant of €5,100 sanctioned to a person (details supplied) in County Mayo will be awarded. [23925/04]

The work in question has been completed satisfactorily and the grant will be paid in the very near future.

Offshore Islands.

Enda Kenny

Question:

262 Mr. Kenny asked the Minister for Community, Rural and Gaeltacht Affairs the reason there is no all encompassing policy for the islands; the plans he intends to put in place to initiate an islands policy; and if he will make a statement on the matter. [23980/04]

I must strongly refute that there is no overall policy in place for the development of the islands. Government policy in this regard is enunciated clearly in the Government's agreed programme and is further augmented in my Department's strategy statement, which states that promoting the sustainable development of the populated offshore islands is a key task for my Department. The relevant goal sets out a clear objective, to promote and maintain living and working populations on the islands, by helping to foster sustainable and culturally vibrant communities in those areas.

Against the context of the report of the interdepartmental committee on island development, which set the framework for future island development, my Department has achieved significant progress, particularly in regard to improving island infrastructure and developing access services. The level of dedicated funding available to my Department and its predecessor for island development has increased from €2.5 million in 1997 to €13 million in 2004. The number of State-assisted ferry and air services has risen from seven to 17 in the same period. Funding is also available for other works and schemes, from my Department and Údarás na Gaeltachta, as well as other Departments and agencies.

The development of the islands and of island communities is a priority for me and, in this context, the following measures are either in train or being planned: the implementation of a €65 million five year capital programme for the islands over the period 2004-08; the full implementation of the Gaeltacht and islands harbours sub-measure of the National Development Plan 2000-2006; the implementation of appropriate recommendations of the recently published report on island transport services carried out for my Department by Malachy Walsh & Partners, a copy of which is available on my Department's website at www.pobail.ie; the introduction of a special fund aimed at assisting commercial enterprise on the non-Gaeltacht islands, as the Gaeltacht islands are already served in this regard by Údarás na Gaeltachta; the continued co-ordination of the provision of State services to island communities; and the provision of funding for the health, social and educational facilities where appropriate and in consultation and full co-operation with other statutory agencies and Departments.

Departmental Expenditure.

Olwyn Enright

Question:

263 Ms Enright asked the Minister for Social and Family Affairs the amount of money paid out by his Department in public relations fees; the name of the firm that was paid the highest amount; the amount paid to a specific firm (details supplied); the amount of money paid out by the Department in other consultancy fees; the name of the firm or individual paid the highest amount for the most recent 12 month period; and if he will make a statement on the matter. [23877/04]

My Department has not incurred any expenditure on public relations fees over the last 12 months and no payments have been made to the company in question. The broad range of my Department's activities requires the engagement of a range of consultancy expertise, most of which is technical consultancy related to the development of information technology systems. The amount of money paid out by my Department in consultancy fees during the 12 month period from 1 October 2003 to 30 September, 2004 was €10.42 million approximately. This expenditure includes costs arising in respect of a number of strategic multi-annual work programmes aimed at enhancing the delivery of the Department's services, for example, the service delivery modernisation programme, general registrar office modernisation programme, REACH public service broker and other initiatives. In the period, the highest amount paid to a single firm was €4.35 million approximately paid to Bearing Point in respect of consultancy assistance provided for two projects, the development of the public service broker by REACH and the service delivery modernisation programme.

Olwyn Enright

Question:

264 Ms Enright asked the Minister for Social and Family Affairs the total amount of money paid out by his Department in legal fees; the details of the firms paid the greatest amount of fees; the total amount of money paid out in legal settlements; the number of such settlements; the total number of claims against his Department, for the most recent 12 month period; and if he will make a statement on the matter. [23891/04]

Legal advice and support services for my Department, in respect of court cases and legal challenges in which my Department is a named party, are supplied by the Office of the Attorney General and the Office of the Chief State Solicitor, as appropriate. During the past 12 months my Department has been involved in two legal settlements. The total cost of these settlements amounted to €162,190.90, comprising a settlement element of €110,000 and a costs element of €52,190.90. A total of four claims, involving judicial proceedings, have been initiated over the past 12 months against my Department.

Question No. 265 withdrawn.

Ministerial Appointments.

Dan Boyle

Question:

266 Mr. Boyle asked the Minister for Social and Family Affairs the public appointments made by his Department between 1 July and 30 September 2004; and if he will make a statement on the matter. [23922/04]

The five statutory agencies operating under the aegis of my Department are the Pensions Board, the Combat Poverty Agency, Comhairle, the Social Welfare Tribunal and the Family Support Agency. There was one appointment made to the board of the Combat Poverty Agency and two appointments made to the board of Comhairle in the period between 1 July and 30 September 2004, as follows:

Combat Poverty Agency (CPA)

Person Appointed

Date of Appointment

Seamus Mc Aleavey

02/09/04

Comhairle

Persons Appointed

Date of Appointment

Mary Lyne

01/09/04

Brian Flynn

01/09/04

No appointments have been made to the Pensions Board, the board of the Family Support Agency or membership of the Social Welfare Tribunal in the period concerned.

Social Welfare Benefits.

Bernard J. Durkan

Question:

267 Mr. Durkan asked the Minister for Social and Family Affairs the reason rent allowance has been reduced in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [23963/04]

Rent supplements are provided for under the supplementary welfare allowance scheme which is administered on my behalf by the health boards. They are subject to a means test and therefore any change in the level of household income may affect the amount of supplement payable. The South Western Area Health Board was contacted regarding this case and has advised that, following a periodic review, the amount of rent supplement in payment was reduced in March 2004 to take account of an increase in the level of household income. The board has further advised that the amount of supplement paid for the period from March 2004 to September 2004 was incorrect and, as a result, the person in question has been overpaid. In the circumstances the board does not intend to seek repayment of the overpayment. The revised correct amount of rent supplement is due to go into payment this month.

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