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Dáil Éireann debate -
Wednesday, 13 Oct 2004

Vol. 590 No. 2

Written Answers.

The following are questions tabled by Members for written response and the ministerial replies received from the Departments [unrevised].
Questions No. 1 to 13, inclusive, answered orally.

Beef Industry.

Gerard Murphy

Question:

14 Mr. Murphy asked the Minister for Agriculture and Food her plans to assist the beef industry and if she will make a statement on the matter. [24440/04]

The focus of the Irish beef industry has been on broadening and expanding its market reach at EU retail level, shifting its orientation away from international commodity markets and into the higher priced internal EU marketplace. It has also eliminated its dependence on export measures such as intervention. This contrasts sharply with the situation that prevailed throughout the 1990s when the industry exported 50% of its products into non-EU markets. Last year, this share dropped to just 17% while the EU share increased proportionately.

Non-EU markets continue to be important outlets for Irish beef and the maintenance of an appropriate export refund policy, which I keep under close review, is a key ingredient in the promotion of beef in third countries. I will continue to press hard for the re-opening of traditional third country markets and I was particularly pleased to announce the re-opening of the Algerian market last week.

Increased sales into Continental Europe coincided with the emergence of an EU market deficit in beef for the first time in 25 years together with falling production levels aligned with a strong recovery in consumption. Ireland is now well placed to consolidate this position and to move further up the value chain, having demonstrated the quality and safety of Irish beef through its broad appeal to EU consumers. A targeted approach based on quality production represents the best and most profitable way forward for the Irish industry. This is particularly the case in the post-decoupling context when the market will be the sole determinant of the nature and scale of output from the sector. In such a context there will be a need for even greater emphasis on good breeding policies, payment related to quality and sophisticated and integrated supply and purchasing systems.

Ireland will shortly be among the first EU countries to classify beef carcases by mechanical means. This will not only enhance the producer processor supply chain but it will also provide wider benefits to the industry as Ireland consolidates its position as a supplier of top quality beef to the consumer markets of the EU. The installation of mechanical grading machines is supported by a grant scheme from my Department.

Departmental Staff.

Paul Connaughton

Question:

15 Mr. Connaughton asked the Minister for Agriculture and Food her plans to re-allocate staff within her Department as a result of the introduction of the single farm payment and if she will make a statement on the matter. [24456/04]

The implementation of the mid-term review of Agenda 2000 is the single biggest operational challenge facing my Department in the period ahead. It involves the discontinuance of the seven major livestock and arable aid schemes in operation and their replacement by a single payment scheme with effect from 1 January 2005.

To assist with the additional preparatory work linked to the introduction of the single payment regime, including applications for force majeure, new entrants to farming, new applications for area aid and decoupled dairy premia, a reprioritisation of work has been implemented. It should be noted that the existing premia will continue to be payable for 2004.

The single payment scheme will have a major impact on the work programme within the Department. The Department has established the strategy and implementation groups to plan for the smooth transition from the current area aid and premia schemes to the new single payment scheme. The implications for staff levels as well as their assignment and location will be considered as part of that process.

Grant Payments.

Pádraic McCormack

Question:

16 Mr. McCormack asked the Minister for Agriculture and Food if any REP scheme 3 payments have been made to date; and, if not, the reason therefor. [24454/04]

The issue of REPS 3 payments commenced on 23 September 2004. The processing of applications and approval of payments are proceeding on a continuing basis. By the end of this week, REPS 3 payments amounting to €8.1 million will have gone out to over 1,350 farmers. The vast majority of applications have been processed within the target periods agreed with the farming organisations in the protocol on direct payments to farmers.

I strongly encourage farmers to consider joining REPS 3 in light of the substantially increased payments that are now available to them. The new scheme also includes reduced penalties, requires less planner involvement and is presented in more farmer friendly documentation. I also urge farmers who are already in REPS 2 to take up the opportunity to transfer to REPS 3 at the first opportunity.

Animal Diseases.

Billy Timmins

Question:

17 Mr. Timmins asked the Minister for Agriculture and Food the policy with respect to scrapie monitoring; the funding which is available to assist farmers who wish to enter the scheme; her plans to extend the scheme; and if she will make a statement on the matter. [24431/04]

The primary purpose of the scrapie monitored flock scheme has been to permit participants to meet the export certification conditions for breeding sheep in so far as they relate to scrapie. These conditions are laid down in EU law, and include, inter alia, a requirement that sheep intended for export for breeding have been kept continuously on a scrapie monitored holding since birth or for the last three years. As most commercial flocks do not require export status for breeding sheep there is no requirement to extend the scheme to the national flock. In addition, sheep of specified genotypes can be exported under EU law without having to comply with scrapie monitored conditions.

Apart from meeting laboratory test costs which are subsidised by my Department there is no funding provided to assist farmers to participate in the scrapie monitored flock scheme.

Brendan Howlin

Question:

18 Mr. Howlin asked the Minister for Agriculture and Food if her Department has given consideration to a targeted cull of BSE infected cattle as opposed to the present system of mass culling of herds in which an infected animal is discovered; and if she will make a statement on the matter. [24491/04]

My Department has reviewed the policy of full herd culling of BSE infected herds in the recent past and found that it was prudent to retain it on a number of grounds for the present, although the position is kept under ongoing review. In this regard, the Deputy will be aware that a report of the FSAI's BSE sub-committee in 2002 found that, provided all existing controls and regulations are strictly complied with, there was no added food safety value of a cull of older animals.

It is generally accepted from a scientific perspective that the main cause of BSE is consumption of infected feedstuffs, with a theoretical possibility of maternal transmission from dam to calf. Horizontal transmission is not considered to be a significant factor in the spread of the disease. Current EU law requires at a minimum the slaughter of birth cohorts and progeny when a BSE case is confirmed and also provides for a whole herd depopulation approach. Countries availing of birth cohort and progeny culling only are not as heavily reliant on exports as Ireland and all have substantial domestic markets.

Over time, whole herd depopulation along with the full spectrum of BSE controls operating in Ireland have become critical elements in providing reassurance to consumers and in marketing Irish beef and dairy produce at home and abroad. In these circumstances, and while cases continue to be confirmed at current levels, it is not possible precisely to assess the market reaction to any decision to terminate Ireland's whole herd slaughter policy. In addition, a change in policy could impact on individual farmers whose herds may be affected by the disease. Farmers left with animals which have been in the same herd as a BSE positive animal would face difficulties in selling beef or milk to processors.

All the evidence available indicates that BSE numbers here are declining and that the reduction will be maintained. Consequently, net Exchequer costs of whole herd depopulation are expected to decline. I am, however, keeping this and other aspects of our BSE controls under ongoing scrutiny.

Genetically Modified Organisms.

Ciarán Cuffe

Question:

19 Mr. Cuffe asked the Minister for Agriculture and Food if her attention has been drawn to the demand from many consumers and farmers for genetically modified free farming; if her attention has further been drawn to the fact that no insurance company has yet been willing to provide cover for genetically modified related losses incurred by conventional and organic farmers; and the way in which she proposes to represent the best interests of farmers in ensuring a genetically modified free policy. [24549/04]

The rules governing GMOs are set down in EU legislation, which has been jointly adopted by the European Parliament and Council of Ministers under the co-decision procedure.

This legislation, which is binding on all member states, ensures that the EU has stringent assessment and control measures in place for the cultivation and use of GM crops and GM food within the Community. These measures will ensure that the highest standards of food safety and environmental protection will apply equally across the Community. The exercise of these controls is supported by the establishment of the European Food Safety Authority which makes available to the citizens of the EU an independent scientific body in which they can have the utmost confidence and trust with regard to the assessment, advice and communication of any risk associated with GMs or indeed any food safety matter.

The EU legislation encourages all member states to draw up strategies and best practices to ensure that efficient and effective measures for the co-existence of GM and non-GM crops are in place if farmers wish to cultivate GM crops in their country. The Commission, while deciding that the issue of co-existence was best dealt with at member state level, where the authorities could take account of local growing and climatic conditions, have published a set of guidelines to assist member states in the task. An interdepartmental/interagency working group has been established within my Department to develop proposals for such strategies.

Under its work programme, the working group has communicated with all relevant stakeholders, including farming organisations and insurance groups, and sought their observations. The views expressed by these stakeholders will be considered when drawing up the final strategies which, as part of the overall report, will address the issue of liability.

Farm Retirement Scheme.

David Stanton

Question:

20 Mr. Stanton asked the Minister for Agriculture and Food the numbers availing of the early retirement scheme from farming; and if she will make a statement on the matter. [24556/04]

There were in excess of 10,250 participants in the 1994 scheme of early retirement from farming, applications for which ended in December 1999. Of these, nearly 6,000 are still active participants in that scheme. To date, a total of 2,428 applications have been received under the current early retirement scheme since it commenced in November 2000. Of these, nearly 2,300 have been accepted into the scheme.

Live Exports.

Johnny Brady

Question:

21 Mr. J. Brady asked the Minister for Agriculture and Food the position regarding the export of beef to Russia and if there is any difficulty with the trade. [24477/04]

Beef exports to Russia, which is a valuable market for Irish beef, are proceeding satisfactorily. Last year, Ireland exported some 75,000 tonnes of beef to the Russian Federation, which amounted to 11.5% of total Russian beef imports. In 2003, Russia introduced quotas on the importation of beef and pork to restrict imports and protect domestic production. The allocation to the EU amounted to 80% of the total and provides an opportunity for Irish exporters to develop this market further.

The recent agreement between the EU and the Russian Federation on a uniform set of veterinary certificates to be used by all EU member states exporting to Russia has averted what might otherwise have caused disruption to trade in animal products. An important element of the agreement is that Russia has accepted the principle of regionalisation so that an animal disease outbreak in a part of a member state will not block exports from the whole of that country nor from the rest of the EU. This will help to maintain market stability and keep the market open for EU product should isolated outbreaks of disease occur within the EU.

I am confident that the Russian market will continue to be an important outlet for Irish beef.

Sugar Beet Industry.

Joan Burton

Question:

22 Ms Burton asked the Minister for Agriculture and Food her views on the future of the sugar industry here; her further views on recent warnings from the IFA that the industry is facing major challenges; and if she will make a statement on the matter. [24483/04]

Concerns about the future of the sugar industry have been expressed in the context of the proposed reform of the EU sugar regime. The sugar regime has not been fundamentally changed since it was established in 1968. Reform of the regime has now come on the agenda because of international pressures and having regard to the reforms already agreed for other CAP sectors in 2003 and 2004.

Legislative proposals for reform of the regime have not yet been published. However, the EU Commission outlined its broad proposals for reform in a communication to the Council and the European Parliament last July. At that time it was made clear that the proposals would have serious repercussions for the Irish industry at both growing and processing level and, therefore, that they were not acceptable in their current form. The proposals are expected to be discussed again at the Council of Agriculture Ministers next month. It will be my objective to protect the viability of sugar beet growing and processing in this country.

Animal Diseases.

Breeda Moynihan-Cronin

Question:

23 Ms B. Moynihan-Cronin asked the Minister for Agriculture and Food if she has received a protocol from the IFA regarding the way in which her Department should deal with flocks in which a scrapie breakdown occurs; her views on same; if she will consider compensation to flock owners whose flocks are infected; and if she will make a statement on the matter. [24496/04]

A proposed protocol on procedures for dealing with scrapie affected flocks has been received from the IFA. My Department is committed to dealing with scrapie positive cases in the most expeditious manner possible. However, the mandatory application of the detailed EU regulation introduces both complexity and elements which are by nature time consuming.

The restrictions of flocks, the blood testing of every animal, the integrity of the animal and sample identification dimension, the genotyping of samples, the subsequent categorisation of each in the flock by genetic category, valuation of the relevant sheep, the disposal of the most scrapie susceptible animals and the issue of compensation payment to the flock owner must all be dealt with in accordance with the relevant legal and other requirements. I accept that this process can be onerous and difficult for the affected flock owners as indeed it is for the local departmental staff who are charged with managing such cases.

It is in the interest of all concerned that the entire procedure is as simple, fair and quick as possible in the circumstances. My Department is already examining a number of possibilities which may help in this regard. The IFA submission suggests a variety of specifics under a number of headings and while I cannot commit to reflecting such suggestions in the approach to be taken by the Department, I believe it should be possible to bring additional effectiveness and efficiency to the process. Compensation is a feature of current arrangements and this will remain the case.

Food Industry.

Ruairí Quinn

Question:

24 Mr. Quinn asked the Minister for Agriculture and Food her plans for research programmes to develop quality foods; and if she will make a statement on the matter. [24502/04]

Under the National Development Plan 2000-2006 significant funding is provided for specific food related initiatives, including research and development. These have been designed to enhance the food industry's competitiveness and innovative capability while at the same time ensuring that development is underpinned by attention to food safety and consumer demands.

Substantial investment in research and development is required if companies are to expand sales and develop export markets. Under the national development plan, funding is provided at two levels: via the food institutional research measure, FIRM, administered by my Department and by way of in-company research and development funding administered by the Enterprise Ireland. To date, my Department has allocated over €55 million to research institutions to carry out public good research into food safety, new and innovative products, food ingredients, flavourings, consumer foods and nutrition and health. The Department is planning a specific call for further research proposals in the area of food safety and is considering an initiative which would be of benefit to the speciality food sector.

Under the national development plan, Enterprise Ireland has allocated over €20 million for the purpose of in-company research and technology transfer in the food sector, which is leveraging investment into innovative and convenience foods, functional foods and the emerging area of nutraceutical products. I am confident that these initiatives will assist the food industry to develop quality food products and position the food sector to avail of substantial market and export opportunities.

Common Agricultural Policy.

Liz McManus

Question:

25 Ms McManus asked the Minister for Agriculture and Food the position regarding modulation funding; if modulation funding will be returned to the sectors from which it was collected; and if she will make a statement on the matter. [24495/04]

Under the mid-term review of the CAP, modulated funds will become available for use in 2006. Potential use in that year is restricted to existing measures in the CAP rural development plan — agri-environment, early retirement, compensatory allowances and forestry — and to the new measures introduced as part of the CAP mid-term review — food quality, animal welfare, farm advisory services and meeting standards. Each of these measures has eligibility conditions.

The Department is continuing its examination of the potential use of modulated funds. As part of that examination, widespread public consultation has taken place and discussions are continuing with relevant stakeholders. I am aware of the suggestion that modulated funding should be returned to the sectors from which it was collected. While this is an understandable consideration, the Department has emphasised to interested parties that proposals have to be assessed in the light of the eligible measures and their conditions.

Following the consultation process, I will decide on the use of modulated funds in the coming months. That decision will require EU approval, which I expect to seek in the first half of 2005.

Departmental Estimates.

Denis Naughten

Question:

26 Mr. Naughten asked the Minister for Agriculture and Food the plans she has to bring forward a supplementary Estimate to provide additional funding to Teagasc; and if she will make a statement on the matter. [18257/04]

Substantial Exchequer resources are provided each year to enable Teagasc to provide first class research, training and advisory services for Irish farmers and the food industry. The total funding provided by the Department to Teagasc for non-capital purposes has increased significantly in recent years, from €82 million in 2000 to €117 million this year. By any standards these are substantial resources and is a clear indication of the Government's continuing commitment to supporting the development of the agri-food sector.

In addition, in recent years substantial additional funding has been provided to Teagasc for capital development purposes. In the period 2000 to 2003, a cumulative total of almost €35 million was allocated — from the Exchequer, €27 million, and from retained proceeds from the sale of assets in 2003, €8 million — to enable Teagasc to implement major capital development programmes at the training colleges and at the research centres. This year, for capital purposes Teagasc will be able to use up to €7 million from the retained proceeds from the sale of assets in 2003 and 2004 to fund its capital programme in 2004. In the circumstances I have no plans to provide additional funding to Teagasc this year.

Animal Diseases.

John Deasy

Question:

27 Mr. Deasy asked the Minister for Agriculture and Food her views on whether all sheep farmers will have to participate in scrapie monitoring if they wish to compete with foreign markets in sheep production; and if she will make a statement on the matter. [24434/04]

Michael Ring

Question:

31 Mr. Ring asked the Minister for Agriculture and Food the number of sheep in the country; the number of these that have been scrapie monitored; when she expects the country’s full herd to be scrapie monitored; and if she will make a statement on the matter. [24435/04]

I propose to take Questions Nos. 27 and 31 together.

According to the 2003 CSO figures, the total number of sheep in the country is 6.8 million. There are 413 participants in the scrapie monitored flocks and, on the basis of an average flock size of 80 sheep, there are approximately 33,000 individual sheep in the scheme. In the past, only sheep from flocks which were participating in the scrapie monitored flock scheme met the export certification conditions for breeding sheep in so far as these relate to scrapie. More recently, EU legislation has been amended to allow sheep of specified genotypes to be traded within the EU without having to comply with scrapie monitoring conditions. Accordingly, flock owners who wish to compete on foreign markets have a choice in how to meet the certification conditions in so far as they relate to scrapie.

The EU has adopted genotyping and breeding from scrapie resistant sheep as the way forward to reduce the incidence of scrapie. My Department is encouraging flock owners to genotype their sheep through inter alia subsidisation of testing costs.

Agriculture Policy.

Bernard J. Durkan

Question:

28 Mr. Durkan asked the Minister for Agriculture and Food her vision for the future of the agricultural sector in the meat, dairy and cereal sectors; the extent to which she sees each discipline develop in the future; and if she will make a statement on the matter. [24521/04]

It is important to focus on the need for long-term planning for the meat, cereal and dairy sectors, as these account for the majority of farm output in this country. The key is to have appropriate policies and support mechanisms in place to maximise the potential of these sectors and to ensure that they meet the requirements of the domestic market and are competitive in an international context.

One of my priorities is to ensure that these sectors develop and prosper. This covers a range of issues such as efficiency at production and processing level, EU support regimes, international trading conditions and, in particular, the ability to meet changing consumer requirements. The ultimate objective is to ensure that these sectors add maximum value for the benefit of those directly involved and for the economy in general.

It is with a view to continuing the planning process for the long-term future of these vital sectors that a group was established to set out a vision for the agriculture and food sector over the coming decade. This group, referred to as the agri vision 2015 committee, has been asked to review the recommendations of the agri-food 2010 report in the context of developments since the report was completed. This committee is expected to report shortly.

EU Imports.

Pat Rabbitte

Question:

29 Mr. Rabbitte asked the Minister for Agriculture and Food her views on the reported increase in the amounts of beef and poultry which may be imported into the EU; and if she will make a statement on the matter. [24504/04]

I assume the Deputy is referring to an exchange of offers made by the European Commission to the Mercosur group of South American countries in the context of negotiations on a free trade agreement between the EU and Mercosur. The Commission's offer to Mercosur regarding beef and poultry meat is in the form of import quotas for import into the EU at reduced tariff duties. The offer is for import quotas of 100,000 tonnes in the case of beef and 75,000 tonnes in the case of poultry. A deadline of 31 October 2004 has been set for the conclusion of these negotiations. The likelihood is that this deadline will not be met. The Irish position is that the offer for both beef and poultry is excessive.

Beef Industry Irregularities.

Damien English

Question:

30 Mr. English asked the Minister for Agriculture and Food her views on reported investigations into beef labelling at a meat plant in Leinster; the position regarding same; and if she will make a statement on the matter. [24430/04]

My Department has asked the Garda to investigate certain practices in a licensed beef processing plant. This action was taken following preliminary results of an investigation conducted by a team from within my Department.

The nature of the investigation that led to the involvement of the Garda centred on the company's compliance with the terms of specifications for the non-EU market concerned. Such specifications are additional to those that apply in normal trade within the EU and form part of certification procedures agreed between the exporting and importing countries. In the case referred to, the issue relates to the extent to which the company in question adhered to these specifications.

In the circumstances, it would not be appropriate for me to comment further on the matter while the Garda investigation is ongoing.

Question No. 31 answered with QuestionNo. 27.

Agriculture Policy.

Trevor Sargent

Question:

32 Mr. Sargent asked the Minister for Agriculture and Food if she will elaborate on the pledge to put an emphasis on sustainability and balance (details supplied); and if she will make a statement on the matter. [24538/04]

My comments at the National Ploughing Championships reflect the policy on agriculture, food and rural development as set out in the agreed programme for Government. This Government is committed to developing the social and physical infrastructure of rural Ireland.

Sustainable agriculture must meet economic, social and environmental challenges and its production methods must reflect and respond to the concerns and needs of consumers. The provisions of the mid-term review of the CAP cover not only the policy for direct payments and market supports but the cross compliance requirements which lay down appropriate animal health, welfare and environmental standards which must be met to obtain the single farm payment. The terms of the Luxembourg agreement can reinforce the progress made over recent CAP reforms and can prove to be an essential tool for creating the conditions for truly sustainable agriculture.

EU Directives.

Pádraic McCormack

Question:

33 Mr. McCormack asked the Minister for Agriculture and Food the discussions she has had with the Department of Environment, Heritage and Local Government with respect to the nitrates directive; and if she will make a statement on the matter. [24451/04]

The implementation of the nitrates directive is a matter for the Minister for the Environment, Heritage and Local Government in the first instance. The recommendations of Mr. Denis Brosnan, who had been appointed to act as an independent adviser on the draft action programme giving further effect to the directive, have recently come to hand.

The draft action programme was prepared by the Department of the Environment, Heritage and Local Government together with my own Department following consultation with the various stakeholders, which included discussions with the farming pillar under Sustaining Progress. It was published in July 2004 and stakeholders were invited to comment. A draft was also published of the proposal for arrangements to allow farmers to operate above the general limit of organic nitrogen laid down in the directive, together with draft guidelines under which farmers will be required to operate.

Ireland is legally obliged to put into effect an action programme for the further implementation of the nitrates directive. The European Court of Justice has held that by not establishing and implementing an action programme, Ireland has not fulfilled its obligations under the directive. Continued EU co-funding of major farm schemes such as REPS, disadvantaged areas compensatory allowances, early retirement and forestry is conditional on Ireland's satisfactory implementation of the nitrates directive. The directive is also one of the items of EU legislation with which farmers must comply under the single payment scheme.

My Department will continue to work closely with the Department of the Environment, Heritage and Local Government in finalising the action programme and in negotiations with the European Commission. We will seek to ensure that the nitrates directive is implemented in a way that meets Ireland's legal obligation in full and safeguards continuing EU funding of farm payments. An equally important aim will be to avoid the introduction of arrangements that would impact adversely on the viability of Irish farmers or impose unnecessary restrictions or obligations on them.

Food Labelling.

Eamon Gilmore

Question:

34 Mr. Gilmore asked the Minister for Agriculture and Food if she is making progress in the labelling of lamb, pork and poultry to indicate the country of origin; and if she will make a statement on the matter. [24486/04]

Two statutory instruments were signed earlier this year requiring that loose poultry should bear an indication of its country of origin if imported from outside the EU and requiring that it should be labelled to show class, price per kilogram, whether fresh or frozen and the number of the production plant. Mandatory regulations already existed at EU level regarding pre-packaged poultry products.

As regards lamb and pork, the food labelling group recommended in favour of country of origin labelling for these products sold at retail level and in the food service sector. I intend to carefully consider these recommendations and will consult with other Departments, agencies and other interested parties with a view to drawing up an appropriate regulatory framework.

Cereal Sector.

John Perry

Question:

35 Mr. Perry asked the Minister for Agriculture and Food her views on whether a high percentage of tillage land will be left unused due to the mid-term reform; and if she will make a statement on the matter. [24448/04]

Brendan Howlin

Question:

38 Mr. Howlin asked the Minister for Agriculture and Food if she has analysed the immediate consequences of decoupling on farmers in terms of its effects on production of crops and land holdings and other effects; and if she will make a statement on the matter. [24490/04]

I propose to take Questions Nos. 35 and 38 together.

The FAPRI-Ireland Partnership carried out an analysis, at the request of my Department, of the likely impact of CAP reform on Irish agriculture. It concluded that the impact on the cereals sector would not be significant. An analysis by Teagasc of the likely impact of the reform on tillage farms also concluded that the majority of Irish tillage farmers anticipate that the reform will not have a significant effect on their farming operations.

Cereals farmers, having the cushion of the single farm payment decoupled from production, will in future be able to concentrate their efforts on supplying markets, focusing on minimising production costs and maximising their incomes. In this regard, they will continue to be able to avail of the research, training and advisory services provided by Teagasc and to benefit from the services provided by the Department aimed at improving the efficiency, quality and viability of cereal production. These services include seed certification, seed testing, recommended lists of varieties and so forth. The value of all these support services is reflected in the fact that Irish cereal producers have consistently achieved some of the highest yields in the world.

Rural Environment Protection Scheme.

Dinny McGinley

Question:

36 Mr. McGinley asked the Minister for Agriculture and Food the number of persons who are in REP scheme 2; the number of applications which have been made for REP scheme 3 to date; and if she will make a statement on the matter. [24445/04]

Michael Noonan

Question:

46 Mr. Noonan asked the Minister for Agriculture and Food the number of persons who have applied for REP scheme 3 to date; and if she will make a statement on the matter. [24457/04]

I propose to take Questions Nos. 36 and 46 together.

At present there are 37,883 farmers in REPS 2. Of these, 3,457 have taken up the option of transforming their undertakings to REPS 3 on their anniversary dates and those cases are currently being processed. My Department has also received 2,901 applications for REPS 3 from farmers who were not already in REPS.

Climate Change Strategy.

Dan Boyle

Question:

37 Mr. Boyle asked the Minister for Agriculture and Food her plans to ensure that agriculture here adapts to the changing conditions resulting from climate change such as heavier rainfall and, in certain areas, increased drought; and if she will make a statement on the matter. [24541/04]

I am aware that both increased precipitation and water shortages are major issues for agriculture worldwide. Some commentators have suggested that such changes in our own climate may have both positive and negative long-term effects on Irish agriculture arising from changes in our climate. My Department is aware of and monitors the ongoing research programme on climate change in Ireland and its likely impact. It will continue to monitor this research closely so as to identify what areas of agriculture are vulnerable to climate change and how farming systems are likely to be adapted in response.

Question No. 38 answered with QuestionNo. 35.

Afforestation Programme.

Willie Penrose

Question:

39 Mr. Penrose asked the Minister for Agriculture and Food her priorities in the forestry sector in the short and medium term; and if she will make a statement on the matter. [24499/04]

This country enjoys many advantages for the growing of trees. Approximately 10% of our land area is covered by trees, considerably less than the European average of 35%. Our forest estate is young by international standards and we have yet to reach the goal of a viable, mature industry that can maximise benefits — including the many non-timber benefits — to society. My priority is to establish the structures and support systems that will enable us to reach that goal.

Considerable private planting has taken place in recent years. Since 1996, farmers have planted in the order of 100,000 hectares of forestry and this represents a significant land use change in a relatively short period of time. Farmers represent the future of forestry in Ireland and there are clear opportunities for more investment in forestry with the entitlement to plant up to 50% of a holding without affecting the single payment entitlements. Given the significant changes in recent times in the context in which forestry exists, I want to revisit the policy being followed since 1996 and build on the foundations already there to maximise development opportunities. The recently published Bacon review makes an important contribution to this process and is being examined closely in my Department.

The draft rural development regulation published during the summer by the European Commission sets the legal basis for support of the forestry sector for the period 2007 to 2013. The draft, in its current form, could have serious implications for the support structure for Irish forestry. To ensure that our negotiators have access to the widest perspective possible, I have established a liaison group comprising representatives of the industry to feed into the negotiating process.

Live Exports.

Pat Breen

Question:

40 Mr. P. Breen asked the Minister for Agriculture and Food the way in which she proposes to expand the live cattle trade; and if she will make a statement on the matter. [24442/04]

The live cattle trade is an extremely important and valuable dimension to total trade in agricultural products. It provides a balance to the beef trade and a valuable outlet for farmers at particular periods during the year in the disposal of calves and weanlings. The live trade is a critical component to overall competition in the beef trade. Access to all markets is intrinsic to free and open competition and it is my policy that there should be free and open access to all markets both within the EU and in third countries for Irish beef and cattle.

Ireland has considerable trade in live cattle to EU destinations, notably Netherlands, Italy, Spain and Northern Ireland. There is also considerable trade in live cattle to the Lebanon. Last year total live exports amounted to some 221,000 animals. This was equivalent to 12% of domestic slaughterings. While the live trade has been less buoyant this year, this signifies a better return on price at slaughter plants and a strong export market for beef.

Beef Processing.

Martin Ferris

Question:

41 Mr. Ferris asked the Minister for Agriculture and Food if she will make a statement on the cut in the price being paid to farmers by the beef processors. [24426/04]

The price paid by meat processors for animals is a commercial issue and one in which I have no direct role. Nonetheless it is clearly in the interests of the meat industry and the food supply chain that a fair return from meat sales is available to both primary producers and processors. In this regard the decision to decouple direct payments from their associated production from next year will realign production with market expectations and the market will be the sole determinant of the nature and scale of output from the sector.

As regards beef, prices have been satisfactory in 2004 with R3 steer prices 11% higher compared with the same period last year. Beef prices are currently showing the usual seasonal decline and the downward pressure on price is also in part due to poor returns from Russia, where prices have dropped significantly, and to a weakness in the UK market for particular cuts. In recent years the focus has switched to the higher value EU market where returns are forecast to improve in the longer term as the effects of decoupling across the Community take effect.

Given the growth in intra Community sales, Ireland is now well placed to consolidate its EU market position and to move further up the value chain. This is particularly so given the emergence of an EU market deficit in beef for the first time in 25 years. Russia remains the key third country market for Irish beef and I was pleased last week to announce the re-opening of the Algerian market, traditionally an important market for Irish beef. This will provide a welcome additional outlet for Irish beef, particularly in the autumn period.

With regard to sheep, prices have remained stable compared to last year. Recent average prices for lamb are running slightly below last year's level due to higher levels of supply, which are 10% ahead of last year's total. Finally, greater emphasis on good breeding policies, payment related to quality, sophisticated integrated supply and purchasing systems, together with more competitive processing structures are key to maximising long term returns from cattle and sheep.

Organic Farming.

John Gormley

Question:

42 Mr. Gormley asked the Minister for Agriculture and Food the way in which she proposes to promote the organic sector within farming here. [24552/04]

Attractive financial supports continue to be available to encourage farmers to consider the organic option and to respond to the market demand for organically produced food. Organic farmers are eligible for financial support through the rural environment protection scheme, REPS. With the introduction of REPS 3, organic farmers can benefit from the substantially increased basic rates along with the attractive additional payments under the organic supplementary measure. An organic farmer with 55 hectares, for example, will now receive an annual payment of €18,505 while a holding is in conversion and an annual payment thereafter of €13,555 when full organic status is achieved. 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 aid towards investment in the organic sector is provided through the scheme of grant aid for the development of the organic sector, which was approved under the National Development Plan 2000-2006. This scheme provides grant assistance for both on-farm and off-farm investment in equipment and facilities for preparation, grading, packing, storage and distribution of organic produce. Grant aid is payable at 40% of the eligible cost. The maximum grant payable over the duration of the scheme for on farm investment is €50,790 while the maximum for off farm investment is €508,000.

While there is a growing demand for organic food among consumers, much of it has to be met by imported produce. I believe that the introduction of the single farm payment will give farmers an opportunity to give serious consideration to the organic option.

It is ultimately the market that will determine the scale of organic farming but my Department has taken significant actions to promote its development. A national steering group, established on foot of a recommendation in the organic development committee report, acts as the driving force for the development of the sector here in Ireland. It also monitors progress on the implementation of the recommendations in the report of the organic development committee. Two sub groups, one focusing on marketing and the other on research, education, advice and training, are also playing their part. The marketing group, for example, recently published a guide to organic food and farming, which is directed mainly at consumers.

My Department has approved seven organic demonstration farms on which open days can be attended by both existing and potential organic farmers. Teagasc has also identified advisers nationwide who will assist organic farmers as well as those considering the organic option.

World Day of Poverty.

Ruairí Quinn

Question:

43 Mr. Quinn asked the Minister for Agriculture and Food the plans her Department has to promote or take part in the World Day of Poverty on 17 October 2004; and if she will make a statement on the matter. [24501/04]

The General Assembly of the United Nations in 1993 declared 17 October as the International Day for the Eradication of Poverty. My Department does not promote any activities for this day. However, the Combat Poverty Agency is funding four community and voluntary groups to undertake activities to raise awareness of the World Day of Poverty, which is to be celebrated on 14 October this year.

Farm Household Incomes.

Joe Costello

Question:

44 Mr. Costello asked the Minister for Agriculture and Food the average farm income at present; her views on a recent Teagasc report which found that average farm incomes increased by just 0.9% in 2003; and if she will make a statement on the matter. [24484/04]

The Teagasc national farm survey 2003 showed that average family farm income increased by 0.9% to €15,054. Farm incomes, however, vary significantly depending on the size and enterprise mix on farms and in particular whether the farms are full-time or part-time. Average income on full-time farms, defined in terms of labour requirements, was €29,000, a rise of 4.6%, which compares favourably with an average industrial wage of €27,991.

However, a substantial proportion of farms are part-time, 60%, and have an average farm income of €6,584. The vast majority of these households have other earned income, pensions or social welfare. The CSO household budget survey for 1999/2000 indicates that 60% of farm household income comes from off-farm sources. In recent years my Department and Teagasc have adapted many of their schemes and services to cater for the needs of farmers supplementing their income from off-farm sources.

Beef Industry.

Jack Wall

Question:

45 Mr. Wall asked the Minister for Agriculture and Food if she has plans to establish a beef strategy board to plan and develop the beef industry into the future; and if she will make a statement on the matter. [24508/04]

The focus of the Irish beef industry in recent years has been on broadening and expanding its market reach at EU retail level, shifting its orientation away from international commodity markets and into the higher priced internal EU marketplace. This forms part of the market strategy set in place jointly by Bord Bia and the industry and which has seen a marked shift in EU market penetration. Whereas the industry exported 50% of its products into non-EU markets throughout the 1990s, this contrasts sharply with the situation today where the EU market absorbs some 83% of total exports. Moreover, the total level of exports has increased steadily in the last five years. These increased sales into continental Europe coincide with the emergence of a EU market deficit in beef for the first time in 25 years.

Ireland is now well placed to consolidate this position, having demonstrated the quality and safety of Irish beef through its broad appeal to EU consumers. A targeted approach based on quality production represents the best and most profitable way forward to the Irish industry. This in turn highlights the importance of good breeding policies, payment related to quality and modern techniques which mechanical grading will provide. The industry must continue to consolidate its competitive base in the EU high value market and I believe the best way to withstand competition and build on our own already strong presence in this market is for our beef industry to maximise its efficiency levels at all stages and continue to offer the type and quality of product required by the market.

It should be noted that while there has been some pressure on producer prices in recent weeks, prices for this year are 10% above 2003 levels.

Question No. 46 answered with QuestionNo. 36.

Food Industry.

Damien English

Question:

47 Mr. English asked the Minister for Agriculture and Food her plans to extend the role of Bord Bia; and if she will make a statement on the matter. [24428/04]

Paul Nicholas Gogarty

Question:

58 Mr. Gogarty asked the Minister for Agriculture and Food the way in which she proposes to promote the food sector within farming here. [24551/04]

I propose to take Questions Nos. 47 and 58 together.

Bord Bia is the body with statutory responsibility for the market development and promotion of Irish food and drink at home and abroad. It has assumed, since July of this year, the additional responsibility for promoting and developing the production, marketing and consumption of horticultural produce, including amenity horticulture. Bord Bia plays a leading role in developing export markets and is universally acknowledged as doing a thoroughly professional job in promoting Ireland, "the Food Island". The recent Marketplace Ireland event is but one example of this strive for excellence.

The critical importance of marketing was identified in the 2004 enterprise strategy group report to the Tánaiste entitled, "Ahead of the Curve". My Department shares this philosophy and will continue to support the board in its role including, if necessary, the expansion of that role.

Alternative Farm Enterprises.

John Gormley

Question:

48 Mr. Gormley asked the Minister for Agriculture and Food the way in which she proposes to promote the biofuel sector within farming here. [24553/04]

My Department introduced an energy crops scheme in March 2004 in accordance with the provisions of Council Regulation (EC) No 1782/2003. Under this scheme, aid of €45 per hectare is granted for areas sown under energy crops and used for the production of products considered biofuels and electric and thermal energy produced from biomass. The aid is granted in respect of areas where production is covered by a contract between the farmer and a processor, except in the case of processing undertaken by the farmer on the holding. Agricultural raw materials, with the exception of sugar beet, may be grown under the energy crops scheme provided that the crops are intended primarily for use in the production of energy products derived from biofuels or from biomass.

From 1 January 2005, farmers may claim the energy crop payment in addition to their entitlement under the single farm payment. Following the decoupling of direct payments from production, individual farmers will now have considerable flexibility to decide what products they produce and in what quantity. I would encourage them to consider the production of energy crops as one of their options. There is a further incentive for them in article 50 of the Finance Act 2004, which provides for relief from excise duty on biofuel that is essential to a pilot project undertaken in the state, designed either to produce biofuel or to test the technical viability of biofuels for use as a motor fuel.

Testing Service.

Thomas P. Broughan

Question:

49 Mr. Broughan asked the Minister for Agriculture and Food if she will introduce independent testing of milk; if her attention has been drawn to concerns regarding the current system among many farmers; and if she will make a statement on the matter. [24481/04]

The development of an independent milk testing service is a matter for the industry itself. My Department already conducts regular checks on the results of butter fat testing carried out by milk processors. It also checks the calibration of the instruments used in milk processing establishments for measuring the fat and protein levels in milk collected from producers. In addition, my Department conducts random administrative checks to ensure that the results of butter fat and protein tests are correctly transcribed into the calculation of the milk price paid to the producer.

Single Payment Scheme.

Eamon Gilmore

Question:

50 Mr. Gilmore asked the Minister for Agriculture and Food her approach to inspections for cross compliance; and if she will make a statement on the matter. [24487/04]

To be eligible for the single payment scheme, farmers are required to be compliant with various environmental and other standards and this is termed cross compliance. It will involve two key elements as follows: a requirement for farmers to comply with a number of statutory management requirements, SMRs, set down in EU legislation on the environment, food safety animal health, welfare, and plant health; a requirement to maintain the farm in good agricultural and environmental condition. In addition, there will be an obligation on the member state to ensure that there is no significant reduction in the amount of land under permanent pasture by reference to the total area under permanent pasture in 2003.

In general the rate of inspection required for cross compliance is 1% of those farmers to whom the relevant statutory management requirements or good agricultural and environmental conditions apply. However, at least 5% of producers must be inspected under the animal identification and registration requirements as this is the level prescribed under the relevant regulations.

In addition to cross compliance checks, it is a requirement to carry out standard eligibility checks to ensure there are no overlapping claims, no duplicate claims and so forth. At least 5% of applicants will receive area declaration checks. The requirements for checking eligibility of the area declared are similar to the arrangements currently in place for area aid inspections.

My Department, as the paying agency, will have primary responsibility to ensure the required level of cross compliance inspection is carried out and for fixing any sanctions to be applied. Every effort will be made to minimise the number of inspection visits and to move towards a situation where, in most cases, all eligibility and cross compliance checks will be carried out during a single farm visit. The Department is in the process of preparing a consultation document on cross compliance and this document will be discussed with the farming organisations and other interested parties over the coming weeks.

When those consultations are complete the Department will publish an information booklet on cross compliance. The booklet will set out exactly what standards farmers will be required to meet to comply with the various conditions.

Food Industry.

Michael D. Higgins

Question:

51 Mr. M. Higgins asked the Minister for Agriculture and Food her plans in the short and medium term for the food industry; the aspects of food policy which come under the remit of her Department; and if she will make a statement on the matter. [24488/04]

As Minister for Agriculture and Food, I have responsibility for the overall development of the food industry and, in co-operation with the Food Safety Authority of Ireland, for the delivery of food safety in areas within the competence of the Department. The Department has in place detailed strategies for the development of agriculture and the food industry with the core aim of ensuring that agriculture and the food industry contribute to the maximum extent possible to the continued economic and social development of this country and to the maintenance of the physical environment.

I am awaiting the report of the agri vision 2015 committee which has, under the chairmanship of Mr. Alan Dukes, been set the task of reviewing the recommendations contained in the agri-food 2010 report in the context of developments over the past few years, including enlargement, WTO, the mid-term agreement and income and employment trends in agriculture and rural areas in general. This committee covers a wide spectrum of interests and will take into account the views of specialists and stakeholders. I expect to receive the report of the committee before the end of the year and it is my intention to examine it carefully in the context of policy formulation.

I firmly believe the future of Irish food producers and the industry lies in competitiveness, innovation and understanding of market trends. My strategy and that of the State agencies is to underpin the ongoing success of the food sector by facilitating the industry to maintain competitiveness and capacity to meet the demands of the market in terms of quality, convenience, price and product specification. Significant funding totalling €358 million is available under the National Development Plan 2000-2006 for capital investment, research, technology and innovation, marketing and promotion and human resources.

I am confident that these initiatives will assist the food industry to meet future opportunities and challenges and allow it to avail of the substantial growth opportunities that exist in this industry both on the home and export markets.

Animal Diseases.

Ciarán Cuffe

Question:

52 Mr. Cuffe asked the Minister for Agriculture and Food if she will report on the work of her Department to investigate and solve the animal health problems which have been evident in the Askeaton area of west Limerick. [24542/04]

From 1995 to 1998 the reported animal disease problems in the Askeaton area were the subject of a comprehensive multi-agency investigation under the auspices of the Environmental Protection Agency, EPA. The report of this investigation, which was published in August 2001, concluded that although a small number of farms experienced notable difficulties, there was no evidence of serious or unusual problems in the wider Askeaton area. In so far as the possible causes of animal health difficulties experienced in the Askeaton area in the past are concerned, I believe this report speaks for itself.

There is no objective evidence available to my Department to suggest that there has been any change in the general animal health situation in the area since the final report was published. On that basis I do not believe there are currently grounds which would justify embarking on any further animal health investigation in the area or the further commitment of significant human and financial resources which this would incur. Where individual problems occur, as they do on farms throughout the country, the veterinary laboratory service of my Department is available to support local veterinary practitioners and their clients and this will remain the case.

With regard to Askeaton, the regional veterinary laboratory in Limerick provides services free of charge where the private veterinary practitioner deems tests to be necessary. From 1999 to date, disease conditions common elsewhere in the country were diagnosed in a total of 56 samples from around 20 herds submitted to this laboratory from the Askeaton area.

Sugar Beet Industry.

David Stanton

Question:

53 Mr. Stanton asked the Minister for Agriculture and Food her views on the future of the sugar beet industry in view of the WTO talks; and if she will make a statement on the matter. [24557/04]

Reform of the EU sugar regime has come high on the EU agenda because of developments at WTO level, other international pressures and having regard to the significant reforms already agreed for other CAP sectors in 2003 and 2004. Legislative proposals for reform have not yet been put forward. However, the EU Commission outlined its broad proposals for reform of the regime in a communication to the Council and the European Parliament last July.

At that time it was made clear that the proposals would have serious repercussions for the Irish industry at both growing and processing level and, therefore, that they were not acceptable in their current form. The Commissions proposals are expected to be discussed further at the Council of Agriculture Ministers next month. It will be my objective to protect the viability of sugar beet growing and processing in this country.

Plant Health.

Dan Boyle

Question:

54 Mr. Boyle asked the Minister for Agriculture and Food if she will report on the threat posed by the spread of Australian and Irish flatworms to agriculture here; if she will review the policy of 2003 on this matter which envisaged no measures to counter the threat; and if, in view of the willingness of the public to support measures against foot and mouth disease, she will become proactive in a similar way to counter the flatworm threat. [24540/04]

The Australian flatworm, like the New Zealand flatworm, is a predator of earthworms. It does not affect plants and, accordingly, does not come within the scope of EU plant health regulations for which my Department has statutory responsibility. It also falls outside the scope of EU environmental regulations.

I am aware that the non-indigenous flatworm has been recorded at several sites in this country over the past number of years. There is no known control method apart from trapping the flatworms and physically destroying them. Despite implementing stringent plant health controls relating to imported plant material into the country, it is widely accepted that the Australian flatworm is not a plant health issue. It is an environmental one for which there are no practical, enforceable measures possible to prevent its entrance or spread within the EU. The Irish flatworm does not pose a threat to our native earthworm population.

Genetically Modified Organisms.

Paul Nicholas Gogarty

Question:

55 Mr. Gogarty asked the Minister for Agriculture and Food if consumer and environmental NGOs will be represented on groups answering to her Department or within her Department which are deciding on genetically modified policy. [24550/04]

Following the Commission's decision that the drawing up of measures for the co-existence of GM crops alongside non-GM crops should be addressed at member state level and having provided a series of guidelines to assist in this task, Ireland, along with the other member states, is now involved in the process of drawing up strategies and best practices to provide for effective co-existence arrangements. Consequently, an interdepartmental/ interagency working group was established within my Department to develop such strategies to ensure that efficient and effective measures are in place if farmers wish to cultivate GM crops here. The working group is made up of representatives from the Department of Agriculture and Food, the Department of the Environment, Heritage and Local Government, the EPA and Teagasc.

Part of the work programme of the working group has been to communicate with all relevant stakeholders making them aware of the existence of the working group and its remit, presenting them with a copy of the Commission guidelines on co-existence and seeking their observations by way of written submission or a meeting. Farming organisations, environmental NGOs such as GM Free Ireland, the Irish Seed Savers Association and so forth, as well as the consumer umbrella group were among the stakeholders contacted. To date meetings have been held at which some of the farming organisations and a number of the NGOs were present. The views expressed by these stakeholders will be considered when drawing up the final strategies.

World Trade Negotiations.

Kathleen Lynch

Question:

56 Ms Lynch asked the Minister for Agriculture and Food if she has satisfied herself with the conclusions reached in August 2004 by the WTO negotiations; her views on the effects they will have on agriculture here; and if she will make a statement on the matter. [24492/04]

The agreement referred to represents a satisfactory outcome for Ireland and for the European Union in general. Ireland's key objectives have been met in that the agreement protects the benefits to Ireland of the recent reforms of the Common Agricultural Policy and does not require further reform of that policy.

The agreement is a framework for the remainder of the negotiations and consequently does not contain detailed commitments. These will be decided as part of the negotiation process over the next year or so. In the absence of detailed commitments, it is not possible to indicate what the full effects will be for Irish agriculture.

Afforestation Programme.

Eamon Ryan

Question:

57 Mr. Eamon Ryan asked the Minister for Agriculture and Food the way in which she proposes to promote the forestry sector within farming here. [24554/04]

The policy of the Government is focused on the promotion of forestry as a viable and alternative land use option, contributing to farmer income, rural development and employment, as well as maximising the value of the non-timber benefits that forestry represents. An allocation of €116 million was provided to support the sector in this year's Estimates.

The extensive Bacon report on forestry, which was recently presented, is an important contribution to the policy debate and will require detailed examination. The recent EU Commission's proposed regulation on rural development post-2006 has important implications for forestry that must be assessed in the negotiation process.

With the introduction of the single farm payment, forestry has become an even more attractive option by enabling farmers who plant up to 50% of their lands to consolidate their single payment entitlement on the remaining unplanted area while at the same time qualifying for forest premium on the planted area.

Question No. 58 answered with QuestionNo. 47.

Decentralisation Programme.

Mary Upton

Question:

59 Dr. Upton asked the Minister for Agriculture and Food if she will report on any progress in the decentralisation of her Department’s headquarters to Portlaoise, County Laois, and of all or part of Teagasc, Bord Bia and An Bord Glas offices to other parts of the country. [24480/04]

The decentralisation programme announced in budget 2004 allowed for the decentralisation of my Department's headquarters to Portlaoise, Bord Bia and An Bord Glas to Enniscorthy and Teagasc to Carlow. The restructuring of Teagasc was subsequently formally excluded from the plan.

Since the Government's announcement my Department has established a decentralisation implementation committee, chaired by an assistant secretary general, to plan and control the process. Tangible progress has been made on decentralisation to Portlaoise and 50 staff were assigned there in July. It is envisaged that a further 50 will be relocated there during 2005. Some interim accommodation has been secured in Portlaoise. However, the OPW is actively working on acquiring suitable permanent accommodation.

An Bord Glas was amalgamated with Bord Bia with effect from 1 July. The necessary structures were put in place in Bord Bia to deal with the implementation of the decentralisation programme.

World Food Day.

Willie Penrose

Question:

60 Mr. Penrose asked the Minister for Agriculture and Food the plans her Department has to promote the United Nation’s World Food Day on 16 October. [24500/04]

The celebration of World Food Day will take place on Friday, 15 October. The UN's food and agriculture organisation chose biodiversity for food security as this year's theme. It will recognise the importance of biodiversity in ensuring that people have regular access to enough high quality food to lead active, healthy lives.

This year my Department, as it has for a number of years, will sponsor a World Food Day seminar, organised by Gorta, to be held in Dublin with biodiversity as its focus. A number of excellent speakers from Ireland and Africa will address key aspects of this theme.

Animal Diseases.

Joan Burton

Question:

61 Ms Burton asked the Minister for Agriculture and Food the cost to the State of BSE testing to date; the distribution of the cost between the farmer and the State; and her views on why only one company carries out the tests. [24482/04]

Under EU legal requirements member states are obliged to carry out a BSE test on all cattle over 30 months of age going into the food chain as well as all fallen and casualty animals over 24 months of age. My Department has followed public procurement procedures in engaging laboratories to conduct BSE testing on its behalf. BSE testing laboratories were selected on the basis of clearly defined technical and financial criteria and they represented the best value for money available at the time. At present there are three laboratories approved for BSE testing.

The gross cost to the State of BSE testing to date is €66.89 million. It has been offset by EU receipts of €20.02 million resulting in net expenditure of €46.87 million. Since 2003 my Department has progressively reduced the financial burden on the State by requiring the meat industry to pay an increasing proportion of test costs. Since 14 February 2003 part of the cost of testing all male animals over 30 months of age and female animals over 30 months of age born after 1 January 2000 was passed to the industry. The Department paid a subsidy of €10.50 per test that was recoupable from the EU. The subsidy was reduced to €8 with effect from 1 January 2004. Since 16 August 2004 the cost of testing the older female animals, born before 1 January 2000, net of the €8 subsidy paid by the EU was transferred to the industry.

My Department continues to play a central role in approving and monitoring test laboratories, taking samples at meat plants and knackeries and controlling and monitoring the surveillance programme. Meat plants may now choose an approved laboratory to test their samples. Anecdotal evidence suggests that the increased competition has had the predictable effect of reducing the price of the test. My Department continues to bear the full cost of testing fallen animals.

Off-farm Employment.

Brian O'Shea

Question:

62 Mr. O’Shea asked the Minister for Agriculture and Food her proposals to promote off-farm employment among the agricultural community; and the number of part-time farmers at present. [24497/04]

Part-time farming combined with an off-farm job is an increasingly common means of ensuring a good standard of living for many small scale producers. It also assists in balanced regional development. CSO data for 2002 show that 57,500 farmers or 42% had another either major or subsidiary occupation.

My Department has taken a number of actions to facilitate off-farm employment and ensure that these farmers have access to agricultural schemes on the same basis as full-time farmers. Such access was made easier by devising a common system of income units. For instance, part-time farmers are allowed to use on-farm and off-farm income to meet the minimum viability thresholds for on-farm investment grants and installation aid. To facilitate farm transfers to part-time farmers the early retirement scheme, introduced in 2000, allows for participation by part-time farmers as transferors and transferees and the enlargement clause was removed.

The REPS scheme and the new decoupled single farm payment are particularly suited to farmers who wish to engage in off-farm employment. The rural viability services offered by Teagasc contributes to meeting the needs of part-time farmers and identifying methods of boosting their household incomes. Programmes such as Leader have also encouraged the development of off-farm local enterprises.

A key policy of this Government has been to create and sustain an economic environment where employment can flourish. The availability of off-farm jobs in the local economy is extremely important for farmers and all rural dwellers. It is the key to their remaining in and contributing to the development of rural communities.

Food Industry.

Joe Sherlock

Question:

63 Mr. Sherlock asked the Minister for Agriculture and Food if she will request a review of pasteurisation temperatures for milk, arising from the possible relationship between MAP and Crohn’s disease. [24509/04]

A report of the Food Safety Authority of Ireland on the possible link between MAP and Crohn's disease was published in 2000. It concluded that the effectiveness of increasing the time or temperature in the pasteurisation process had not been established. The report did not recommend any alteration to the current normal pasteurisation methods. In 1999 my Department's veterinary research laboratory carried out a study to determine whether MAP bacteria were present in samples of pasteurised and unpasteurised milk. All of the samples tested negative for MAP.

A report of the EU scientific committee on animal health and welfare in 2000 stated that there was insufficient evidence to draw any firm conclusion about the suggested link between Johne's disease and Crohn's disease. The FSAI report mentioned earlier reached a similar conclusion. However, there is a need to keep the results of international research on this matter under review. My Department will continue to do so in conjunction with all of the other relevant agencies.

Animal Mortality Rates.

Joe Costello

Question:

64 Mr. Costello asked the Minister for Agriculture and Food if a departmental investigation, commenced by her predecessor, into the high level of cattle deaths on farms has been completed; her views on the number of such deaths (details supplied); and if a categorisation of the cause of death has been or can be drawn up. [24485/04]

My Department is analysing the post mortem data from the regional and central veterinary laboratories for on-farm cattle deaths. Laboratory research staff are also involved in a detailed evaluation and further analysis of cattle movement monitoring system data to establish if there are patterns of disease factors such as clustering of particular diseases, geographic distribution or age patterns. The evaluation exercise may also involve on-farm case studies.

Food Industry.

Michael D. Higgins

Question:

65 Mr. M. Higgins asked the Minister for Agriculture and Food if she has assessed the impact of imports on mushroom producers here; and the amount of mushroom imports annually. [24489/04]

According to the CSO the amount of mushrooms and truffles imported into Ireland over the past three years is, on average, 800 tonnes per annum. Mushroom production here has remained stable at approximately 66,000 tonnes over the same period. Therefore, imports of mushrooms into Ireland are not significant in terms of overall production and would tend to be exotic varieties to meet the demands of niche markets.

As much as 75% of Irish mushroom production is exported to the UK market. The Irish industry is facing a significant competitive threat from Dutch and Polish imports. Earlier this year the mushroom task force completed a report. It made a number of recommendations to address the competitive threats facing the industry and their implementation is ongoing.

Afforestation Programme.

Trevor Sargent

Question:

66 Mr. Sargent asked the Minister for Agriculture and Food if she has assessed the degree to which certification is prohibitively expensive for private forestry owners; if she has plans to make certification more affordable, particularly in view of the fact that 72% of forest planted since 1990 is in private hands. [24539/04]

Forest certification is a market driven mechanism and relies both on customer interest and on the development, operation and control of a certification system at the production or marketing stage. I recognise the fact that certification can be an expensive undertaking for private forest owners.

The cost of certification varies depending on the size and complexity of each plantation. Costs can be relatively high for small or medium sized properties but they can be reduced if several forests are assessed together. To make certification affordable and relevant for small owners certification bodies have developed schemes to certify several woodlands together. Such certification can reduce costs considerably and may be a viable option for private forest owners in Ireland.

The forest service and the national council for forest research and development facilitate the development of a forest audit protocol. It is being developed through stakeholder involvement and will be a readily understandable system to facilitate sustainable forest management and voluntary certification.

EU Regulations.

Liz McManus

Question:

67 Ms McManus asked the Minister for Agriculture and Food if her attention was drawn to the huge impact of a large volume of EU regulations on small speciality and artisan food producers; if she will engage with this sector and alleviate its difficulties in view of its value to the economy; and her plans to promote and develop speciality and artisan foods. [24494/04]

The package of measures to revise and consolidate Community legislation on food hygiene adopted by the EU earlier this year is due to come into force on 1 January 2006. It provides for the registration of all food businesses and for a risk based approach to inspections.

The regulations will provide some flexibility for food businesses operating in remote areas, for traditional methods of food production and for direct supply in certain cases, subject to the safety of food being guaranteed. The role of the FSAI and of local authorities, who are primary regulatory bodies for the sector, will be central in this process. An FSAI forum for dialogue between the State agencies and the speciality sector is also being developed. My Department is participating in the process.

Bord Bia, as part of its statutory remit for the promotion and market development of Irish food and drink, is working in partnership with the speciality and artisan sector to secure routes to market. A number of promotions are held each year to promote the sector. For example, Bord Bia facilitated the current promotion of Irish speciality and artisan food in Selfridges in London, Birmingham and Manchester. It was the biggest food event in Selfridges this year.

In October 2003 a traditional artisan and speciality trade expertise council was established. Its aim is to address the strategic issues facing the sector and to devise and drive pragmatic solutions for the benefit of Ireland's food and drink industry. The council is facilitated, co-ordinated and administered by Bord Bia. Recently the council launched its master plan and aims to guide the development of the Irish speciality sector. It is estimated that small food businesses with which Bord Bia has worked have increased their turnover by at least 36% since 1996.

Food Imports.

Pat Rabbitte

Question:

68 Mr. Rabbitte asked the Minister for Agriculture and Food the precautions that are in place at airports and ports here to prevent the illegal importation of food; the number of persons engaged in the inspection process at airports and ports; if she has satisfied herself that the number of personnel deployed in this area is adequate; the number of discoveries of illegal imports that have been made in the past five years; and the number of prosecutions that have issued. [24503/04]

Since the completion of the internal market in 1992 food products comprising animal products are subject to free trade without border control. The products must originate from establishments approved to export to other member states, be correctly labelled and health marked and must travel with a commercial document. Under EU and national legislation those importing animal products are required to be registered with my Department and to notify it in advance of importation.

Detailed EU legislation lays down the conditions that member states must apply to the import of products of animal origin from third countries. This harmonised legislation imposes a series of health and supervisory requirements designed to ensure that imported products meet standards at least equivalent to those required for production in, and trade between, member states.

All animal products must come from third countries or areas of third countries approved for export to the EU. The animal products must be sourced from establishments that are approved and must bear an EU approved health mark. If outbreaks of animal diseases occur in a third country the Commission, under safeguard measures, can suspend approval to export to the EU for the infected regions of the country, or the whole country, as appropriate, until the disease risk has been eliminated.

Importation into the European Community may only be effected through a border inspection post that has been approved for this purpose by the EU's Food and Veterinary Office. In Ireland the BIPs approved for administering checks on direct imports of animal products from third countries are Dublin Port and Shannon Airport. Importers must give advance notice of the arrival of animal products to the BIP.

Imports must be accompanied by the appropriate commercial documentation showing country and approval number of the establishment of production as well as a health certificate conforming to the models set down in EU legislation. The animal products must also be labelled. All consignments undergo a documentary and identity check. Physical checks are carried out at frequencies laid down in EU law.

Once the consignment has met all of the required conditions it is released for free circulation within the community. Copies of the BIP clearance document and the health certificate must accompany the consignment to its destination. Imports failing to comply with these veterinary control checks may be detained for further examination. If non-compliance is established they are returned to the exporting country or destroyed at the expense of the importer. The following table sets out the position for the past five years for which annual figures are available:

Year

No. of consignments

No. rejected

1999

632

5

2000

826

8

2001

1,038

3

2002

1,132

3

2003

995

8

Since January 2003 the personal importation into the EU of meat, meat products or milk products by passengers coming from third countries has been prohibited under Community law. The ban was first introduced in Ireland from July of the previous year due to the risk to animal and human health and was operated alongside controls on the importation of meat and meat products from EU countries affected by foot and mouth disease. Transport operators who bring passengers from third countries into the EU are required to bring the ban to the attention of passengers. Amnesty bins have been provided in the main airports for surrender of any animal product that has been inadvertently carried. There have been no prosecutions undertaken in respect of seized personal imports of animal products.

The following table gives the quantities of animal products seized under these arrangements:

Year

Quantities seized anddestroyed tonnes

Number

2002*

27.2

6,652

2003

13.1

3,882

2004**

2.5

542

*includes seizures from EU passengers arising out of the foot and mouth disease controls

**January to June 2004.

There were six summons issued in respect of illegal imports from EU countries.

At BIPs and other disembarkation points there are 23 officers deployed on a full-time basis. There are a further ten officers who undertake this work on a part-time basis in addition to other duties. There is local co-operation between the customs authorities and my Department's personnel at the BIPs. The deployment of officers on animal product import controls is continuously assessed in accordance with the financial and resource limits within which my Department operates. The assessments take into account the level of risk for food safety, animal and public health and the profile of material being imported into this country at any time.

My Department's import controls form a part of this country's overall measures to protect food and safeguard health along with those of the Department of Communications, Marine and Natural Resources, the Department of Health and Children and the customs authorities.

Disadvantaged Areas Scheme.

Seymour Crawford

Question:

69 Mr. Crawford asked the Minister for Agriculture and Food if a proposal has been prepared by her Department on the extension of severely handicapped status to the remainder of County Monaghan; if the proposal was submitted to Brussels; and when she expects a decision. [24507/04]

Preparation of a proposal to extend the status to the remainder of County Monaghan is well advanced in my Department. It requires the compilation of a considerable amount of technical data and, when completed, I will ensure that it is progressed quickly.

Grant Payments.

Bernard J. Durkan

Question:

70 Mr. Durkan asked the Minister for Agriculture and Food the extent to which appeals against decisions on various agricultural support payments are likely to be favourably treated in the future. [24522/04]

The Agriculture Appeals Office was established in 2002 to provide a statutory appeals service to farmers who are dissatisfied with my Department's decisions on their entitlements under certain schemes.

The office is governed by the Agriculture Appeals Act 2001 and the Agriculture Appeals Regulations 2002. Appeals officers are independent in the performance of their functions. Their decisions must have regard to the principles of natural justice and comply with any relevant legislation and terms, conditions and guidelines governing or relating to the scheme in question.

In 2003 the appeals office received 1,143 cases; 38% of these were either allowed, partially allowed or revised by the Department, 7% were withdrawn, not valid or out of time and 55% were disallowed.

Farm Safety.

Kathleen Lynch

Question:

71 Ms Lynch asked the Minister for Agriculture and Food her views on recent figures from the Health and Safety Authority that show that the death rate on farms here is four times higher than that in all other industries put together. [24493/04]

I am very concerned about the level of safety on our farms. The latest figures published by the HSA show that between January and 4 October there were nine fatalities in the sector. This level is unacceptable. It is imperative that all farmers acknowledge that farming is a hazardous occupation and one that carries specific risks.

Under the Safety, Health and Welfare at Work Act 1989, the HSA is the State body charged with overall responsibility for administration, enforcement and promotion of workplace safety and health, including farms. I am totally supportive of the HSA's efforts to reduce the number of farm accidents and its programmes to increase health and safety on the farm.

EU Regulations.

John McGuinness

Question:

72 Mr. McGuinness asked the Minister for Enterprise, Trade and Employment if the issues raised by a company (details supplied) in County Carlow relative to EU regulations on the safety and design of certain farm machinery have been resolved by his Department. [24685/04]

Irish Standard European Norm (703) 2004 deals with the safety of certain agricultural machinery and came into effect on 23 July. The company concerned advised my Department in August of a technical difficulty with the application of this standard to the configuration of the company's machinery.

The matter was raised with the National Standards Authority of Ireland. It is responsible for the development and negotiation of European standards. The NSAI advised my Department that it is prepared to propose an amendment to the standard on receipt of a proposal from the company concerned. The company was advised of this procedure by letter dated 8 October.

Community Employment Schemes.

Brian O'Shea

Question:

73 Mr. O’Shea asked the Minister for Enterprise, Trade and Employment his views on whether supervisors on the community employment scheme should be based in the area in which the scheme operates and specifically in rural areas; and if the number of supervisors should be increased to cater for this. [24735/04]

There are no plans to increase the number of supervisors employed on the programme. The local sponsoring group employs the supervisor with the assistance of a grant from FÁS. When supervisor vacancies arise the selection of suitable applicants is based on the ability of the person to perform the job. At present there are 1,472 persons employed in a supervisory role and it is considered an appropriate number.

Work Permits.

Ciarán Cuffe

Question:

74 Mr. Cuffe asked the Minister for Enterprise, Trade and Employment if he plans to review the awarding of work permits to employers rather than employees. [24792/04]

At present, the work permit facility grants the permit to an employer to recruit a specific employee to fill a specific vacancy, where the employer has been unable to find a suitable employee within Ireland or the wider European economic area. This arrangement does have the safeguard that the non-EEA employee in question is coming to fill a specific vacancy, an important factor when most of the personnel in question are at the lower end of the skills spectrum.

In recent years, work permit personnel have been readily facilitated in changing employers and in such circumstances a new work permit is issued to a new, eligible, employer. This flexibility has been possible and warranted by the relatively high number of vacancies arising in recent years.

If we were to move to a situation where a work permit was given to the individual employee, it would in effect be giving an authorisation to come to Ireland in search of an employer. This would give rise to a number of serious policy questions and significant resource issues. My Department is confident that since 1 May 2004, through EU enlargement, we should be able to meet the great bulk of our overseas labour needs from within the EEA.

Economic Competitiveness.

Arthur Morgan

Question:

75 Mr. Morgan asked the Minister for Enterprise, Trade and Employment the number of alleged cartels that have been investigated by the Competition Authority since the Competition Act 2002 came into law; the details of those investigations; and if he will make a statement on the matter. [24796/04]

The Competition Authority is the statutory independent body charged with the enforcement of competition law in the State. The authority, whose powers and independence were enhanced under the Competition Act 2002, has a policy of not commenting on investigations given their potentially criminal nature. Accordingly, it would not be appropriate for me to comment on any current cases either.

However, while the authority is independent in regard to its day to day operations, its chairperson is accountable to the Oireachtas under the Competition Act 2002 and he may be requested to appear before Oireachtas committees. In that regard, he appeared before the Committee of Public Accounts on 22 July 2004 at which time the committee raised, inter alia, the authority’s record on cartels.

At the meeting on 22 July, the chairperson stated that three files had been referred to the DPP, one of which is currently before the courts.

Rural Environment Protection Scheme.

Bernard J. Durkan

Question:

76 Mr. Durkan asked the Minister for Agriculture and Food the position regarding a REP scheme in the name of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [24712/04]

Farmers in the rural environment protection scheme undertake a five year contract and this may be terminated only in limited and specified exceptional circumstances which are laid down in the scheme. Under the EU regulations governing REPS, a participant must make an application for each annual payment. Failure to do so means that the contract must be terminated and all payments recovered, unless exceptional circumstances apply.

In this case, my Department wrote to the person named on 13 September 2001, advising him that he had to lodge his third year payment application form by 31 October 2001. As he failed to do so, my Department had no option but to terminate his participation in the scheme and seek to recover all the payments he had received.

Registration of Title.

Willie Penrose

Question:

77 Mr. Penrose asked the Minister for Agriculture and Food, further to Question No. 163 of 15 June 2004, if her attention has been drawn to the fact that the Land Registry office raised a query with her Department on 23 June 2004, which has not been satisfactorily resolved; if she will take steps to ensure that the query raised therein (details supplied) is immediately dealt with; and if she will make a statement on the matter. [24726/04]

The Land Registry wrote to my Department on the 23 June 2004 requesting land certificates, which are the subject of exchange proceedings on a vesting order held on schedule in Land Registry. It appears from the folios that two of the land certificates were originally issued by the Land Registry to a firm of solicitors and one to a bank. Written requests seeking the return of the land certificates have issued and both the above parties have been contacted by phone to expedite the matter. The certificates will issue to Land Registry as soon as they are made available to my Department.

Grant Payments.

Paul Kehoe

Question:

78 Mr. Kehoe asked the Minister for Agriculture and Food the reason a person (details supplied) did not qualify for single payment scheme force majeure and exceptional circumstances; and if she will make a statement on the matter. [24727/04]

The person named, having been notified that the circumstances outlined by him did not satisfy the criteria for force majeure-exceptional circumstances under Article 40 of Council Regulation (EC) No. 1782/2003, submitted an appeal to the independent single payment appeals committee. Following a full examination of the circumstances outlined in the appeal, the single payment appeals committee made a recommendation and a letter issued to the person named on 26 August 2004. The findings of the appeals committee were that the original decision taken by the Department should be upheld.

Paul Kehoe

Question:

79 Mr. Kehoe asked the Minister for Agriculture and Food the premium payments which a person (details supplied) in County Wexford is entitled to; and if she will make a statement on the matter. [24728/04]

The 2004 area aid application for the person named has been fully processed with an area determined for payment purposes of 5.17 hectares of forage land and 2.57 hectares of arable land.

The person named is not an applicant under the suckler cow or ewe premium scheme for 2004. The person has to date lodged no applications under the 2004 EU special beef premium scheme and has, to date, no animals deemed eligible under the 2004 EU slaughter premium scheme.

As he is not an applicant under the 2004 suckler cow premium scheme and to date has not applied for 2004 special beef premium scheme, he is not eligible for 2004 extensification premium.

Michael Noonan

Question:

80 Mr. Noonan asked the Minister for Agriculture and Food when the 2004 suckler cow grant will be awarded to a person (details supplied) in County Limerick. [24729/04]

The person named submitted an application for premium on 21 animals under the 2004 suckler cow premium scheme in September 2004. This was outside the application period of 2 January to 30 June 2004 but has been accepted under force majeure circumstances. While processing the application for payment it was found that information regarding a last calving date for one animal required further clarification. The animal in question bears tag number MAB537497. Correspondence has issued to the herd owner regarding this matter and his application will be processed further on receipt of his reply.

Animal Diseases.

Paul Connaughton

Question:

81 Mr. Connaughton asked the Minister for Agriculture and Food if, during the last foot and mouth epidemic, her Department demanded or requested that artificial insemination operators working from the Clarecastle artificial insemination station should cease operations; if a statutory instrument was used to ensure that artificial inseminators did not travel from farm to farm; and if she will make a statement on the matter. [24804/04]

In the initial period following the outbreak of foot and mouth disease in Northern Ireland in 2001, the ten organisations licensed to provide an artificial insemination, AI, service in this country were asked by my Department to voluntarily suspend operations in the national interest. All ten organisations acceded to this request. The matter was kept under review and after much deliberation my Department concluded that it was necessary to formally introduce a new licensing system on all AI and the movement of semen. This was given effect in respect of bovines by way of SI 144 of 2001 and SI 161 of 2001. SI 381 of 2001 provided for licensing of AI and embryo transfer in sheep. In effect AI technicians were prohibited from practising for the period 5 April 2001 to 23 April 2001.

My Department agreed a framework for the resumption of the AI post-23 April 2001 with the field service licence holders. It was agreed that AI technicians would have to be given appropriate training and certified by their respective centre veterinarians before they could be issued with a bovine semen licence as provided for under SI 144 of 2001. AI technicians must possess a valid bovine semen licence and must be licensed to work on behalf of a field service licence holder in order to practice AI.

Grant Payments.

Paul Connaughton

Question:

82 Mr. Connaughton asked the Minister for Agriculture and Food the reason an area based payment has not issued to a person (details supplied) in County Galway; and if she will make a statement on the matter. [24805/04]

The area aid application for the person named has been fully processed with an area determined for payment purposes of 33.60 hectares. Payment of her full entitlement under the 2004 area based compensatory allowance scheme will issue shortly.

Paul Connaughton

Question:

83 Mr. Connaughton asked the Minister for Agriculture and Food the reason the single payment calculation has not been provided to a person (details supplied) in County Galway; and if she will make a statement on the matter. [24806/04]

The person named submitted an application for consideration of force majeure-exceptional circumstances on the grounds of animal disease outbreak during the reference period. Following examination of the circumstances outlined it has been deemed that force majeure should apply.

The person named has been notified that his single payment entitlement will be based on bovine schemes payments in respect of reference years 2000 and 2002 only and that reference year 2001 will be excluded as a result of the force majeure circumstances put forward. A provisional entitlement statement will issue shortly to the person named.

Paul Connaughton

Question:

84 Mr. Connaughton asked the Minister for Agriculture and Food the reason a single payment has been so low in the case of a person (details supplied) in County Galway; and if she will make a statement on the matter. [24807/04]

The single payment entitlement is calculated using the average number of animals and hectares on which direct payments were made during the reference period 2000, 2001 and 2002.

The single payment provisional entitlement which issued to the person named is reflective of the average direct payments made during the reference years and has been calculated in accordance with the criteria laid down in the EU regulations underpinning the single farm payment scheme.

If the person named wishes to have any aspect of the provisional entitlement statement reviewed he may seek a review by completing a single payment scheme review form which is available from my Department.

Paul Connaughton

Question:

85 Mr. Connaughton asked the Minister for Agriculture and Food the reason the area based payment has not issued to a person (details supplied) in County Galway; and if she will make a statement on the matter. [24808/04]

The named person was selected for on-farm inspection in 2004. The 2004 area aid application for that person has now been processed fully with an area of 19.36 hectares determined for payment purposes. Payment of her full entitlement under the 2004 area based compensatory allowance scheme will issue shortly.

Paul Connaughton

Question:

86 Mr. Connaughton asked the Minister for Agriculture and Food the reason notification of the single payment entitlement has not issued to a person (details supplied) in County Galway; and if she will make a statement on the matter. [24809/04]

A provisional entitlement statement has not yet issued to the person named as Department records indicate an administrative change during the reference period. My Department is currently in the process of resolving all such cases and a provisional entitlement statement will issue shortly to the person named.

Paul Connaughton

Question:

87 Mr. Connaughton asked the Minister for Agriculture and Food the reason a farm development grant for farm buildings dating back to 1983 and currently in the Chief State Solicitor’s office has not been awarded to a person (details supplied) in County Galway; and if she will make a statement on the matter. [24810/04]

Legal proceedings taken by the person named are still in place regarding this matter. I am not, therefore, in a position to make any payment to the person concerned at this time. Negotiations are currently taking place between solicitors for the plaintiff and the Chief State Solicitor's office regarding settlement of this and related cases and it is hoped that these should be concluded shortly.

Paul Connaughton

Question:

88 Mr. Connaughton asked the Minister for Agriculture and Food the reason the 2004 suckler cow and other grants have not been awarded to a person (details supplied) in County Galway; and if she will make a statement on the matter. [24811/04]

The person named was selected for on-farm inspection in 2004. His 2004 area aid application has been fully processed with an area of 34.23 hectares determined for payment purposes.

He applied for 2004 EU suckler cow premium on 25 animals. He has lodged no 2004 EU special beef premium application so far. Up to now two of his animals have been deemed eligible for 2004 EU slaughter premium and he has also applied for 2004 ewe premium.

In accordance with the relevant EU regulations, premium payments cannot start until 16 October. The person named should be paid 60% suckler and slaughter premium advances soon after that date and the balances in March-April 2005. He should also be paid full EU ewe supplementary premium soon after 16 October.

The person named has submitted an application under the 2004 extensification premium scheme. Payments under this scheme are due to commence in June 2005. This application will be considered in due course.

The 2004 area based compensatory allowance claimed by the person named will be paid shortly.

Animal Carcase Disposal.

Bernard J. Durkan

Question:

89 Mr. Durkan asked the Minister for Agriculture and Food the number and value of cattle destroyed in the course of the beef destruct scheme; if all carcases have been finally disposed of; the manner and method of disposal; and if she will make a statement on the matter. [24827/04]

Under the purchase for destruction scheme 2001, a total of 277,860 animals with a purchase value of €160.37 million were destroyed. Under the special purchase scheme 2001, which succeeded PFD, 61,000 tonnes of carcases were destroyed. This equated to nearly 215,000 animals. Purchase costs amounted to €117.4 million.

All material generated under both schemes was rendered and destroyed. Meat and bone meal was disposed of at approved incineration facilities in Germany and the UK. Tallow from both schemes was also incinerated. All hides from the PFD scheme were processed at tanneries in Ireland.

Budget Submissions.

Bernard J. Durkan

Question:

90 Mr. Durkan asked the Minister for Agriculture and Food if she has studied the pre-budget submission she received from the IFA; her views on the merit of the points raised therein; and if she will make a statement on the matter. [24828/04]

I have recently received a copy of the Irish Farmers' Association 2005 pre-budget submission, and the proposals contained in that document are currently being examined.

Tuberculosis Incidence.

Bernard J. Durkan

Question:

91 Mr. Durkan asked the Minister for Agriculture and Food the position in regard to bovine tuberculosis eradication with particular reference to the number of incidents in the past five years; the way in which this compares with other jurisdictions; and if she will make a statement on the matter. [24829/04]

The current TB eradication programme has brought about a significant improvement in the incidence of bovine tuberculosis, as the following table shows.

Year

Herds in Country

Herd Restrictions

Reactors Removed

2003

125,512

7771 (6.2%)

27,978

2002

127,711

8338 (6.5%)

28,930

2001

130,525

9195 (7.0%)

33,702

2000

133,542

10785 (8.1%)

39,847

1999

138,263

10660 (7.7%)

44,903

The position in other EU member states is monitored by the EU task force on tuberculosis which visits the member states to evaluate each national programmes. However, there are no comparable statistics available from these member states though it is understood that the incidence in a number of other member states is lower. The most recent visit of the task force to this country was in June this year and a favourable report is expected. This was the first in a second round of visits to the member states and the situation in these countries will be evaluated in due course.

I am pleased with the progress shown under the current TB eradication programme. As can be seen from the above table, there has been a 40% reduction in the number of reactor cattle between 1999 and 2003 from approximately 45,000 to just under 28,000. The number of reactors in 2003 was the lowest in 20 years. This downward trend is expected to continue this year when the number of reactors is predicted to fall to below 25,000.

Food Imports.

Bernard J. Durkan

Question:

92 Mr. Durkan asked the Minister for Agriculture and Food if she has satisfied herself that all meat or meat products imported into this country have full traceability and the country or countries of origin apply Irish or EU standards; and if she will make a statement on the matter. [24830/04]

Bernard J. Durkan

Question:

98 Mr. Durkan asked the Minister for Agriculture and Food if she has satisfied herself that all food imports into this country comply with the strictest husbandry hygiene and processing procedures; and if she will make a statement on the matter. [24836/04]

I propose to take Questions Nos. 92 and 98 together.

Detailed EU legislation lays down the conditions that member states must apply to the production of and trade in products of animal origin, including meat, as well as to imports of these products from third countries. Under harmonised legislation a series of health and supervisory requirements are applied in the member states to ensure that animal products are produced to standards that guarantee the safety of food and the protection of human and animal health. The application of these standards in the member states is monitored by the FVO, Food and Veterinary Office, of the EU.

It is a requirement that animal products imported from third countries meet standards at least equivalent to those required for production in, and trade between, member states. All meat imports must come from third countries or areas of third countries approved for export to the EU. In order to be an approved third country it must: appear on a list drawn up and updated on the basis of EU audits and guarantees given by the competent authority of the exporting country; have veterinary controls equivalent to those applicable in the EU, particularly in terms of legislation, hygiene conditions, animal health status, veterinary medicines controls, zoonoses controls and other food law; and a residues programme approved by the European Commission must be in place.

The meat must be sourced from establishments that are approved and must bear an EU approved health mark. Exporting establishments must have: standards equivalent to the requirements for EU export establishments; effective control systems and supervision by the competent authorities; and traceability/labelling in accordance with the systems approved by the FVO and accepted and notified to the EU member states.

The FVO carries out inspections to ensure that only establishments that meet hygiene and health standards equivalent to those operating within the EU are approved. Where the FVO considers that public health requirements are not being met, an establishment may be removed from the EU approved list. If outbreaks of animal diseases occur in a third country approval to export to the EU is suspended for the infected regions of the country, or the whole country, as appropriate, until the disease risk has been eliminated.

Importers of meat must be registered with my Department. They are required to give advance notice of importation and, following import, are required to keep records of importation available for inspection by the Department for a period of three years. Imported meat must be accompanied by the appropriate commercial documentation showing country and approval number of the establishment of production and, in the case of meat imported from third countries, a health certificate conforming to the models set down in EU legislation. The meat must also be labelled.

While there is free movement for trade within the EU all consignments from third countries must first be landed at a border inspection post, BIP, that has been approved by the FVO and must undergo documentary, identity and physical checks. These latter are carried out at frequencies laid down in EU law. In Ireland, BIPs approved for the processing of imports of animal products are located at Dublin Port and Shannon Airport. The FVO carries out monitoring and inspection of each member state's BIPs to ensure the conditions for import of animal products into Europe, provided under the harmonised legislation, are being correctly applied.

Once it has been established that imported meat has met all the required conditions it is released for free circulation within the Community. Copies of the BIP clearance document and the health certificate must accompany the consignment to its destination. Imports failing to comply with these veterinary control checks may be detained for further examination. If non-compliance is established they are returned to the exporting country or destroyed.

Where there are concerns with regard to the effectiveness of controls being operated in an approved third country the Commission, in consultation with the standing committee on animal health and the Food Chain, may introduce specific controls by means of a safeguard measure to ensure the protection of human and animal health. Safeguard measures limiting or banning the export of animal products from EU countries or regions of countries may also be implemented where, for example, the conditions of an animal disease outbreak could seriously affect production and trade in animal products in the EU.

Grant Payments.

Bernard J. Durkan

Question:

93 Mr. Durkan asked the Minister for Agriculture and Food the number of applications received for assistance under the force majeure heading; the number that have been granted, refused or pending; and if she will make a statement on the matter. [24831/04]

The following is the up to date position regarding the processing of force majeure applications under the single payment scheme.

Number

No. cases received

15,256

No. cases not yet dealt with

2,728

No. successful applicants

1,420

No. unsuccessful applicants

8,667

No. cases requiring additional information

2,441

Live Exports.

Bernard J. Durkan

Question:

94 Mr. Durkan asked the Minister for Agriculture and Food the extent of growth in the export market for lamb in each of the past five years; the new markets identified in that period; and if she will make a statement on the matter. [24832/04]

Lamb production has declined in recent years reflecting diminishing numbers in the national flock. As a consequence, the total volume available for export has reduced in direct proportion to the volume of domestic consumption. In addition, prices have remained firm and are now some 16% ahead of pre-FMD levels when export volumes were at their peak. Supplies have diverted from the export market to the home market where demand now accounts for more than a third of production.

France remains the primary export outlet for Irish lamb accounting for almost 70% of lamb exports, with significant quantities going to other EU countries, including Great Britain, Belgium, Germany, Italy, Portugal and Sweden. I am satisfied that export opportunities for Irish lamb are being exploited to the full and my Department, in co-operation with Bord Bia and the industry, continues to consolidate and develop these markets to the maximum extent.

Bernard J. Durkan

Question:

95 Mr. Durkan asked the Minister for Agriculture and Food the current EU market for Irish beef; the extent to which these markets have grown or otherwise in each of the past five years; and if she will make a statement on the matter. [24833/04]

Bernard J. Durkan

Question:

96 Mr. Durkan asked the Minister for Agriculture and Food the number, location and value of beef exports to non-EU countries in each of the past five years; the extent to which new markets have been or will be established; and if she will make a statement on the matter. [24834/04]

I propose to take Questions Nos. 95 and 96 together.

The information requested by the Deputy is set out in tabular form in the table below. The value of beef exports to all markets in 2003 was €1.2 billion.

The focus of the Irish beef industry has been to broaden and expand its market reach at EU retail level, shifting its orientation away from international commodity markets and into the higher value internal EU marketplace. It has also eliminated its dependence on support measures such as intervention. This contrasts sharply with the situation that prevailed throughout the 1990s when the industry exported 50% of its products into non-EU markets. Last year, this share dropped to just 17% while the EU share increased proportionately.

Non-EU markets continue to be important outlets for Irish beef and the maintenance of an appropriate export refund policy, which I keep under close review, is a key ingredient in the promotion of beef in third countries. I will continue to press hard for the re-opening of traditional third country markets and I was particularly pleased to announce the re-opening of the Algerian market last week.

Irish Beef Exports 1999-2003 '000 Tonnes

1999

2000

2001

2002

2003

Total

554

495

345

445

500

Of which to:

Int. Mkts

309

250

50

90

85

— Russia

33

7

43

83

75

— Egypt

154

150

0

0

1

— Other

122

93

5

7

9

Cont. EU

150

135

72

110

150

— France

50

40

13

16

24

— Italy

32

30

11

22

35

— Holland

32

30

26

30

32

— Scandinavia

25

24

13

30

35

— Other

11

11

9

12

24

United Kingdom

95

110

220

245

265

Dairy Industry.

Bernard J. Durkan

Question:

97 Mr. Durkan asked the Minister for Agriculture and Food the location and value of dairy exports to EU and non-EU countries in each of the past five years; the extent to which new markets have been established or lost; and if she will make a statement on the matter. [24835/04]

Ireland exports a wide range of dairy products to over 100 countries worldwide. The main dairy exports from Ireland are butter, cheese, skimmed milk powder, SMP, whole milk powder, WMP, and casein. Baby food, liqueurs, dairy spreads and so forth, which contain dairy ingredients, are also exported. The following table sets out the value of the main commodity products during the past five years.

*2003

2002

2001

2000

1999

EU €’000

non-EU €’000

EU €’000

non-EU €’000

EU €’000

non-EU €’000

EU €’000

non-EU €’000

EU €’000

non-EU €’000

Butter

311,961

38,887

300,547

18,594

307,178

21,898

327,167

22,194

337,321

20,872

Cheese

253,458

42,024

327,940

28,056

362,061

24,199

269,332

19,357

254,612

15,266

SMP

47,357

38,616

38,906

24,298

58,946

46,963

153,588

89,942

77,906

74,080

WMP

56,790

32,670

53,001

24,233

56,130

45,434

56,293

51,165

53,808

37,202

Casein

69,078

86,463

60,296

102,977

79,622

110,064

66,131

114,251

48,151

86,385

Total

738,644

238,660

780,690

198,158

863,937

248,558

872,511

296,909

771,798

233,805

*Figures are provisional for 2003.

Question No. 98 answered with QuestionNo. 92.

Poultry Industry.

Bernard J. Durkan

Question:

99 Mr. Durkan asked the Minister for Agriculture and Food the extent to which poultry imports into this country have displaced national production; and if she will make a statement on the matter. [24837/04]

The poultry and eggs sector is an important part of the overall agrifood industry, with a farm gate value of €150 million in 2003. A total of 66 million chickens and 10 million birds of other species were slaughtered here last year. The level of poultry production has held steady in recent years but the quantities being imported have increased.

In 2003, 55,000 tonnes of poultry meat, valued at €192 million, were imported while 87,000 tonnes, to the value of €244 million, were exported. These quantities include prepared poultry products as well as all fresh and frozen poultry meat.

Pigmeat Sector.

Bernard J. Durkan

Question:

100 Mr. Durkan asked the Minister for Agriculture and Food the position in regard to the pigmeat industry with particular reference to the current extent of imports as a percentage of national production; and if she will make a statement on the matter. [24838/04]

The pigmeat industry is an important and valuable industry within the overall agrifood sector and had a farm gate value of €283 million in 2003. Ireland is a net exporter of pigmeat products. Last year some 103,000 tonnes of pigmeat were exported whereas less than 54,000 tonnes were imported, mainly from within the EU. In addition, 380,000 pigs were exported live. Overall, Ireland produced 217,000 tonnes of pigmeat in 2003.

Civil Service Contract Staff.

Joe Higgins

Question:

101 Mr. J. Higgins asked the Minister for Finance when the working group of General Council, currently assessing the implications of the Protection of Employees (Fixed-Term Workers) Act 2003 for the terms and conditions for all temporary contract staff in the Civil Service, will publish its guidelines; and if he will make a statement on the matter. [24684/04]

Under the Protection of Employees (Fixed-Term Work) Act 2003, which came into effect in July 2003 to implement an EU directive, there are restrictions on rolling over fixed-term contracts. Employers may cite objective grounds for continuing to offer further fixed-term contracts or, in the absence of such grounds, are obliged under the Act to consider making staff permanent before continuing to employ them on a fixed-term contract when the time limits set by the Act have been reached.

In 2003, the Department of Finance agreed, under the conciliation and arbitration scheme, with the Civil Service unions that it would prepare a draft circular to Departments summarising the terms and conditions of the Act and, in addition, giving general advice on how it might be implemented with regard to pay, pensions, annual leave, family friendly schemes and a wide range of other human resource issues.

Work on a draft circular has been underway within the Department for some time in conjunction with the Office of the Attorney General. However, it became clear at an early stage in working on the circular that the question of permanency raises particular problems for the Civil Service. Under the law governing employment in the Civil Service, permanency is based on "establishment", that is, the process under which a person is appointed by the Civil Service Commissioners — now replaced by the Office of the Commission for Public Service Appointments — following a public competition. The link with the new Act dealing with staff on fixed-term contracts raises complex legal and human resource issues and these are being examined by the Department. It is the intention to give advice to Departments which is as clear and specific as possible.

On 3 June 2004, a meeting with the Civil Service unions took place, at their request. At that meeting, the Department of Finance tabled a draft circular in line with the commitment previously given. It was made clear that this was work in progress and that the aim was to have a full discussion on the text to identify the issues which needed to be addressed. Taking account of the views expressed, the Department would then prepare another draft to allow a further round of discussions to begin. However, one union, IMPACT, withdrew from the meeting, after which it was adjourned. IMPACT has since taken a number of cases to the rights commissioner service of the Labour Relations Commission. Preliminary hearings of these cases are scheduled to take place in the week beginning 18 October 2004.

Work is continuing within the Department on the draft circular on this issue. This will be finalised in light of the outcome of the cases about to be heard at the Labour Relations Commission.

Financial Services Regulation.

Billy Timmins

Question:

102 Mr. Timmins asked the Minister for Finance if his officials have had recent discussions with the banks with respect to the issue of uncashed bank drafts or plans to amend the procedures involved in the bank draft process; and if he will make a statement on the matter. [24702/04]

My officials have not recently discussed the issue of uncashed bank drafts with the banks. However, this issue was discussed in the context of dormant accounts legislation. The overall regulation of the banking system is a matter for the Irish Financial Services Regulatory Authority. I have not been made aware by that body or any other organisation that there is any dissatisfaction with the way banks issue drafts to their customers. Nonetheless, I intend to explore further the issues connected with uncashed bank drafts.

State Advertising.

John McGuinness

Question:

103 Mr. McGuinness asked the Minister for Finance the number of companies which submitted tenders for the Government contract relating to Government advertising; the timeframe for such contracts; the last occasion tenders were sought; and if he will make a statement on the matter. [24703/04]

Tenders for State advertising, placement in print media, were sought in April 2004. Fifteen advertising companies submitted valid tenders on 14 May 2004. The contract has been awarded to Brindley Advertising Limited for three years from 1 September 2004. Tenders were last sought in September 2000.

Financial Services Regulation.

Ciarán Cuffe

Question:

104 Mr. Cuffe asked the Minister for Finance if he will consider limiting the amounts that can be borrowed by making it impossible for lending institutions, either domestic or foreign, to sue defaulters in cases in which the amounts lent were in excess of Government recommendations; if he will consider, alternatively, imposing a penal rate of stamp duty on loans which exceed the Government recommendations. [24704/04]

I am aware of the concerns expressed by a number of commentators on the continued increase in credit growth, particularly in the household sector, and the possible effects of increasing indebtedness upon borrowers. Credit developments are a matter for the Central Bank and Financial Services Authority of Ireland, taking into account its role as a part of the European system of central banks and its functions, as the Irish Financial Services Regulatory Authority, in the prudential supervision of financial institutions and the protection of the consumers of those firms.

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

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

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

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

Tax Code.

Paddy McHugh

Question:

105 Mr. McHugh asked the Minister for Finance if he will extend the relief from stamp duty to farmers below the age of 55 years on the purchase of farmland by trained farmers in cases in which lands are being purchased to consolidate holdings and reduce fragmentation in pursuance of farm capacity building. [24760/04]

Paddy McHugh

Question:

107 Mr. McHugh asked the Minister for Finance if farmers will be given support to help bring about a situation whereby stamp duty will not apply on land purchased by trained farmers in cases in which lands are being purchased to consolidate holdings and reduce fragmentation in pursuance of farm capacity building. [24762/04]

I propose to take Questions Nos. 105 and 107 together.

The Deputy may be aware that the stamp duty code contains full stamp duty relief for transfers of land to young trained farmers where land is transferred to them by way of gift or sale, provided they have attained relevant educational qualifications. This exemption encourages the more productive use of agricultural land. The availability of the relief was extended in budget 2003 for a further three years to 31 December 2005. The Finance Act 2004 provided for an updated list of educational qualifications and contained changes which resulted in the raising of the standards of certain of those qualifications which must be attained in order to qualify for the relief.

The relief, which is considered generous, is intended to encourage the transfer of land to young farmers who have successfully undergone training. The "young trained farmer" must be under 35 years of age at the date of execution of the transfer in order to satisfy the conditions for the stamp duty relief. The relief specifically focuses on "young" farmers with relevant training, and the current age limit and qualification requirements in respect of this relief are considered very reasonable. Any extension would dilute the focus of the relief.

As Deputies are aware, it is not the practice to comment in the lead up to the annual budget and Finance Bill on the intention or otherwise to make changes in taxation.

Paddy McHugh

Question:

106 Mr. McHugh asked the Minister for Finance if he will exempt farmers from capital gains tax on the disposal of lands in cases in which the proceeds of the disposal are utilised to consolidate holdings to reduce fragmentation and are applied in the acquisition of other farm land to achieve this within a specified period, such that the lands being disposed of and the replacement land be deemed to be the one and the same land for the purpose of subsequent disposals. [24761/04]

Paddy McHugh

Question:

108 Mr. McHugh asked the Minister for Finance if farmers will be given support to help bring about a situation whereby capital gains tax will not apply on land disposals in cases in which proceeds are re-invested into replacement land to help reduce fragmentation of farms in order to consolidate holdings, improve land utilisation and build productive capacity. [24763/04]

I propose to take Questions Nos. 106 and 108 together.

Capital Gains Tax, CGT, is a tax on a capital gain arising on the disposal of assets. A 20% rate of CGT applies on the gains arising on the disposal of assets, including farmland. It was announced in the 2003 budget that no rollover relief would be allowed for any purpose on gains arising from disposals on or after 4 December 2002. This relief was introduced when CGT rates were much higher than current levels. In effect, it was a deferral of tax to be paid, where the proceeds of disposal were re-invested into replacement assets. The taxation of these gains would take place following the eventual disposal of the new assets without their replacement.

The abolition of this relief was in accordance with the overall taxation policy of widening the tax base in order to keep direct tax rates low. Such reliefs and allowances made sense when CGT rates were 40% and above. As the Deputy may be aware, the rate was halved from 40% to 20% in budget 1998. Taxing capital gains when they are realised is the most logical time to do so, and this change brought CGT into line with other areas.

It is not the practice to comment in the lead up to the annual budget and Finance Bill on the intention or otherwise to make changes in taxation.

Question No. 107 answered with QuestionNo. 105.
Question No. 108 answered with QuestionNo. 106.

Flood Relief.

Ciarán Cuffe

Question:

109 Mr. Cuffe asked the Minister for Finance the expenditure on flood relief works in Kilkenny city over the past five years. [24784/04]

Expenditure on the River Nore, Kilkenny city, drainage scheme since 2000 is set out in the following table.

Year

Expenditure

2000

640,808.09

2001

3,902,741.58

2002

9,261,353.10

2003

13,857,991.09

2004 (Up to 7/10/04)

7,152,273.74

Tax Code.

Ciarán Cuffe

Question:

110 Mr. Cuffe asked the Minister for Finance if he will consider introducing a differential stamp duty on house sales to favour energy efficient properties. [24786/04]

I am informed by the Minister for the Environment, Heritage and Local Government that new buildings commenced since 1 June 1992 must, by law, comply with mandatory thermal performance and insulation standards under part L of building regulations made by that Minister. I am also informed that the relevant standards are periodically updated and are now among the highest in the EU.

The EU directive on the energy performance of buildings, 2002/91/EC of 16 December 2002, requires that no later than 1 January 2009, all new buildings, and all existing buildings when offered for sale or letting, must be accompanied by an energy performance certificate. A low energy performance rating is expected to impact on the marketability of the property involved, depending on overall market conditions. This is expected to provide some incentive for landlords and vendors to improve the energy performance of buildings before placing them on the market.

The introduction of a stamp duty incentive could be quite complex to operate in practice if it were implemented. Stamp duty is a very efficient tax from the point of view of administrative costs, and such complex proposals could run counter to the current administration of the tax.

Ciarán Cuffe

Question:

111 Mr. Cuffe asked the Minister for Finance the estimate for the total tax foregone through tax incentives allocated to the developers of new build and refurbished buildings over the past ten years. [24793/04]

Tax reliefs have been available for expenditure on the construction, refurbishment and conversion of buildings under a number of schemes over the past ten years such as the area based renewal schemes, which include the urban, rural and town renewal schemes and the living over the shop scheme, as well as other objective specific schemes, which include relief for investment in park and ride facilities, student accommodation, private hospitals and nursing homes.

Details of tax relief claimed for investment in these schemes are not, at present, captured by the office of the Revenue Commissioners in such a way as to provide a specific basis for compiling estimates of the total annual cost to the Exchequer. Claims for these reliefs are aggregated in tax returns with other claims, such as with industrial buildings allowances generally or with other capital allowances, and do not distinguish between the reliefs claimed in respect of the different schemes.

My Department has been working closely with the Revenue Commissioners to examine how information capture could be improved in this and other areas. I am also conscious that capturing additional information on tax return forms must be considered in the context of not overburdening compliant taxpayers. The Revenue Commissioners will be introducing a number of changes to the forms relating to the annual return of income in respect of the tax year 2004. Provisions were included in Finance Act 2004 to underpin these changes which will yield additional information regarding the cost of various tax reliefs including those in the property area.

Overseas Property.

Bernard Allen

Question:

112 Mr. Allen asked the Minister for Foreign Affairs if he has had contact with the Spanish Government regarding the effects of an urban development activity plan sanctioned by the Valencia Government (details supplied); if his Department has assessed the number of Irish citizens who have property in the Valencia area who are affected by the new law; and if his Department has been in contact with the European Commission regarding this issue. [24055/04]

As a reflection of the concern of EU governments, the EU ambassadors to Spain, including the Irish ambassador, have on a number of occasions raised with the Spanish authorities the law in question — Ley Reguladora de la Actividada Urbanística, LRAU — which was adopted by the regional government of Valencia and which relates to local land use. The law affects both Spanish and foreign nationals. The Irish Embassy has, in addition, raised the issue directly with the authorities in Valencia, who appear to have autonomy regarding this particular matter.

The committee on petitions of the European Parliament in May sent a fact finding mission to Valencia to study the implications of this law. The mission met with the local authorities and with some of the property owners who have been affected by the law. The committee's report, which issued on 6 July 2004, highlighted some of the serious difficulties that have flowed from the law, and was strongly critical of its effect.

The Irish embassy has been approached by a small number of Irish citizens who have raised concerns about the practical impact of the law on property owners in Valencia. Together with our EU partners, we are examining how the concerns in this matter could best be further pursued with the Spanish national and regional authorities.

Proposed Legislation.

Ruairí Quinn

Question:

113 Mr. Quinn asked the Minister for Foreign Affairs the circumstances in which concern arose regarding the constitutionality of Part VIII of the Diplomatic Relations and Immunities Act 1967, as amended by the Diplomatic Relations and Immunities (Amendment) Act 1976; the nature and extent of that concern; and his views on the urgency with which the matter needs to be addressed. [24839/04]

Under Part VIII of the Diplomatic Relations and Immunities Act 1967, as amended by the Diplomatic Relations and Immunities (Amendment) Act 1976, the Government may by order make provision for international organisations and bodies and related persons to have privileges and immunities in the context of international relations. A question has arisen, in the context of making such orders, as to the constitutionality of this provision because of the wide discretion it gives to the Government in the making of orders.

It is proposed to amend the 1967 and 1976 Acts in a way which would remedy the aforementioned constitutional concern, while not impinging upon the general prerogative of the Government to make orders. It is my intention to seek the authority of the Government to request the Attorney General to arrange for the drafting of the proposed amendment to the 1967 and 1976 Acts in the coming weeks.

Psychological Service.

Brian O'Shea

Question:

114 Mr. O’Shea asked the Minister for Education and Science her proposals to increase the number of psychologists employed by the National Education Psychology Service to ensure that children awaiting psychological assessment are not subject to unacceptable delays; and if she will make a statement on the matter. [24691/04]

There are 127 psychologists in the National Educational Psychological Service, NEPS, including three psychologists from the National Disability Authority, who are working in NEPS under a contractual arrangement. It is hoped that five more psychologists will be taking up employment in NEPS shortly.

Further recruitment of psychologists to NEPS will depend on the availability of resources and must also take account of Government policy on public sector numbers. Pending the expansion of NEPS to cover all schools, those that are not yet served may avail of the scheme for commissioning psychological assessments, SCPA. The SCPA is an interim measure and was specifically introduced to minimise delays for those children who need to be assessed.

Schools Building Projects.

James Breen

Question:

115 Mr. J. Breen asked the Minister for Education and Science if she will honour commitments made in 1987 to a school (details supplied) in County Clare; if approval for a temporary classroom will be given; and if she will make a statement on the matter. [24714/04]

I am not aware of the commitment referred to by the Deputy. In regard to the temporary accommodation, the position is that details of a streamlined application process for schools requiring temporary school accommodation for September 2005 were published recently. The closing date for receipt of completed applications is 5 November 2004.

The streamlining of the application process for temporary accommodation will ensure that schools which are being allocated funding for accommodation for the start of the school year 2005-6 are enabled to provide it in a timely and appropriate manner. An application has recently been received from the management authority of the school to which the Deputy refers and will be considered by reference to the criteria outlined in the published document.

School Placement.

Bernard J. Durkan

Question:

116 Mr. Durkan asked the Minister for Education and Science if a person (details supplied) in County Kildare will be offered a school placement at a school for the academic year commencing September 2005; and if she will make a statement on the matter. [24715/04]

My Department has not received any notification that the person referred to by the Deputy has been refused enrolment for the academic year commencing in September 2005.

The selection and enrolment of pupils in second level schools is the responsibility of the school management authorities. My Department's main responsibility is to ensure that schools in an area can, between them, cater for all pupils seeking second level places in an area. This may result, however, in some pupils not obtaining a place in the school of their first choice. As schools may not have a place for every applicant, a selection process may be necessary. This selection process and the enrolment policy on which it is based must be non-discriminatory and must be applied fairly in respect of all applicants.

Section 29 of the Education Act 1998 provides parents with an appeal process where a board of management of a school or a person acting on behalf of the board refuses enrolment to a student. Where a school refuses to enrol a pupil, the school is obliged to inform parents of their right under section 29 of the Education Act 1998 to appeal that decision to the Secretary General of my Department.

An appeal will generally not be admitted unless it is made within 42 calendar days from the date the decision of the board of management was notified to the parent or student concerned. However, a longer period for making appeals may be allowed as an exception where it is accepted that circumstances did not permit the making of an appeal within the 42 day limit. Where an appeal under section 29 is upheld, the Secretary General of my Department may direct a school to enrol a pupil.

The National Educational Welfare Board, NEWB, can assist parents who are experiencing difficulty in securing a school place for their child. The welfare board has indicated that it will treat children for whom an appeal under section 29 has been unsuccessful as priority cases in offering such assistance.

College Closures.

Billy Timmins

Question:

117 Mr. Timmins asked the Minister for Education and Science the position regarding a school (details supplied) in County Dublin in view of the recent release of documentation revealing that this decision was made contrary to the advice of the consultant and her own Department officials; if the college will now be kept open; if she will enter into discussions with college authorities; and if she will make a statement on the matter. [24721/04]

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 of the college. Following discussions between the trustees and my Department, it was agreed that a consultant would be appointed who would meet with relevant parties and prepare a report on the options 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 then Minister, Deputy Dempsey, 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 regarding the position of the staff of the college. I have no plans to reconsider the decision to close the college.

School Transport.

Seymour Crawford

Question:

118 Mr. Crawford asked the Minister for Education and Science when a person (details supplied) in County Monaghan can expect a decision regarding their urgent need for transport to a special speech and language school in Monaghan; and if she will make a statement on the matter. [24747/04]

My Department has recently sanctioned school transport for the pupil referred to in the details supplied. Bus Éireann has been advised to put the necessary arrangements in place as soon as possible.

Schools Building Projects.

Liz McManus

Question:

119 Ms McManus asked the Minister for Education and Science if, in view of the considerable need, she will sanction the extension and upgrading of a school (details supplied) in County Wicklow; and if she will make a statement on the matter. [24748/04]

The building project for the school referred to by the Deputy is at an early stage of architectural planning. It has a band 2 rating and is at stage 3, detailed plans-costs. This project was not authorised to proceed to tender and construction this year. My Department's officials recently wrote to the school authorities requesting additional information on their stage 3 submission and a response is awaited.

My Department's officials are currently reviewing all projects 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.

Higher Education Grants.

Charlie O'Connor

Question:

120 Mr. O’Connor asked the Minister for Education and Science if she will initiate an assessment of the higher education grants scheme administered by South Dublin County Council and the local authorities; if she will consider the problems being encountered, particularly the position of independent mature students; and if she will make a statement on the matter. [24749/04]

I understand that the Deputy is referring to queries arising during the grant assessment process in South Dublin County Council, and each of the local authorities, particularly in regard to the stipulations of the higher education grant scheme under which an applicant can be assessed as an independent mature student.

The higher education grants scheme operates under the Local Authorities (Higher Education Grants) Acts 1968 to 1992. These Acts define a mature student to mean a person "of not less than 23 years of age, or such other age as may stand specified for the time being in regulations made by the Minister with the consent of the Minister for Finance, who has secured a place in an approved institution and has reached that age on 1 January, or such other date as may be prescribed from time to time by the Minister with the consent of the Minister for Finance, in the year of entry to such institutions".

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

When assessing the means of students, other than independent mature students, the schemes specify that the students' means and those of their parents or guardians where appropriate must be below a prescribed limit. This provision requires that parental income be taken into account irrespective of the individual circumstances in any case where the student is not an independent mature student.

If the Deputy has any particular issues which he wishes to bring to my attention I would have them examined having regard to the terms and conditions of the schemes.

School Transport.

Billy Timmins

Question:

121 Mr. Timmins asked the Minister for Education and Science the position with regard to persons (details supplied) in County Carlow; if they can be picked up by the bus at Liscolman; and if she will make a statement on the matter. [24750/04]

My Department has requested a report on this matter from Bus Éireann. The case will be considered on receipt of the report.

Special Educational Needs.

John Perry

Question:

122 Mr. Perry asked the Minister for Education and Science if her attention has been drawn to the difficulties encountered by a school (details supplied); if her Department officials will grant the necessary approval; the reasons for the delay; and if she will make a statement on the matter. [24751/04]

I can confirm that my Department received an application for an increase in special needs assistant, SNA, support for a pupil in the school 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.

Higher Education Grants.

Paul Connaughton

Question:

123 Mr. Connaughton asked the Minister for Education and Science if an application for a higher education grant for a person (details supplied) in County Galway will be approved; and if she will make a statement on the matter. [24754/04]

The decision on eligibility for maintenance grants is a matter for the relevant local authority or VEC. These bodies do not refer individual applications to my Department except in exceptional cases where, for example, advice or instruction about a particular clause in the relevant scheme is desired.

Under the terms of the Department's maintenance grants scheme, a mature student is defined as a candidate who is at least 23 years of age on 1 January of the year of entry or re-entry to an approved course. When assessing the means of students other than independent mature students, the means test provision of the scheme specifies that the students' means and those of their parents or guardians must be below a prescribed limit. This provision requires that parental income be taken into account irrespective of the individual circumstances in any case where the student is not an independent mature student. As the student to whom the Deputy refers was not 23 on 1 January of the year of entry to third level education, she must therefore be assessed by reference to parent(s) income.

The other student support schemes have similar provisions with regard to the means assessment of students. The Deputy will appreciate that the terms of the scheme are of general application and it is not open to me to make exceptions in individual cases.

Schools Building Projects.

Paul Connaughton

Question:

124 Mr. Connaughton asked the Minister for Education and Science when she proposes to grant aid the building of two classrooms at a school (details supplied) in County Galway; if her attention has been drawn to the gross overcrowding at the school and to the fact that the school authorities do not want another prefab; and if she will make a statement on the matter. [24755/04]

Grant aid was approved by my Department in July 2003 towards the purchase of one prefab for the school to which the Deputy refers to meet its accommodation needs. The school authorities subsequently decided to utilise the grant to construct a permanent classroom. This provision will adequately meet the school's current accommodation requirements.

The school's overall accommodation needs will be considered in the context of a review of all projects which did not proceed to construction as part of the 2004 school building programme with a view to including them as part of a multi-annual programme from 2005. I expect to provide details of this multi-annual programme before the end of the current year.

Special Educational Needs.

Paul Connaughton

Question:

125 Mr. Connaughton asked the Minister for Education and Science if her attention has been drawn to the fact that the resource teaching hours available to a person with special needs at a school (details supplied) have been reduced from five to 3.5 hours; if her attention has been further drawn to the fact that the assistance of the special needs assistant is not available to this person for the last hour of school each day and that such a decision to curtail services to a special needs person causes great anxiety to the parents and to the teachers who combine to ensure that there is real integration into the ordinary classroom; and if she will make a statement on the matter. [24756/04]

Having sought clarification from the Deputy's office about the pupil in question, I can confirm that my Department received an application for a review of special needs assistant, SNA, support for the pupil. At present, my Department is considering the levels and deployment of SNA support in mainstream national schools generally and the application for increased SNA support for the pupil 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.

My Department reviewed the resource teaching support for the pupil concerned recently. The school was advised on 23 September 2004 that, in line with Department criteria, the appropriate level of resource teaching support for the pupil is 3.5 hours per week.

School Transport.

Paul Connaughton

Question:

126 Mr. Connaughton asked the Minister for Education and Science the reason persons (details supplied) in County Galway are not entitled to free or fare paying travel to a school; if, in view of all the circumstances, transport will be provided to this school. [24757/04]

My Department has requested a report on this case from Bus Éireann. The case will be considered on receipt of the report.

School Accommodation.

Paul Connaughton

Question:

127 Mr. Connaughton asked the Minister for Education and Science if, as a matter of urgency, an application by a school (details supplied) in County Galway for grant aid to build two extra classrooms and a learning support and general practitioner room will be approved; if her attention has been drawn to the fact that the number of pupils attending the school is increasing quite dramatically and that an additional teacher will be employed in 2005; if her attention has been further drawn to the gross overcrowding at the school, that there are already two prefab classrooms and that an additional prefab would not be practicable or desirable; and if she will make a statement on the matter. [24758/04]

An application for grant aid towards additional accommodation has been received from the management authority of the school to which the Deputy refers. My officials are nearing completion of a review of all projects which did not proceed to construction as part of the 2004 school building programme with a view to including them as part of a multi-annual programme from 2005. The needs of the school referred to are being considered as part of this review.

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

Schools Building Projects.

Paddy McHugh

Question:

128 Mr. McHugh asked the Minister for Education and Science the progress being made with regard to a project (details supplied) in County Galway; if her Department is doing everything possible to facilitate progress; if the planning and development of the project is proceeding as speedily as possible; the reasons for the delay in finalising this project; and if she will make a statement on the matter. [24759/04]

Agreement has been reached with the management authorities of the two schools referred to by the Deputy to develop a single post-primary school in the centre. My officials are nearing completion of a review of all projects which did not proceed to construction as part of the 2004 school building programme with a view to including them as part of a multi-annual programme from 2005. The accommodation needs of the schools referred to arising from the amalgamation are being considered in this regard. I expect to provide details of this multi-annual programme before the end of the current year.

My officials have been in contact with the school authorities as required to progress the detailed preliminary work necessary to facilitate this large scale building project.

Disadvantaged Status.

Paul Kehoe

Question:

129 Mr. Kehoe asked the Minister for Education and Science the criteria used for assessing whether a primary school qualifies for disadvantaged status; and if she will make a statement on the matter. [24772/04]

Paul Kehoe

Question:

130 Mr. Kehoe asked the Minister for Education and Science the reason a school (details supplied) in County Wexford was not offered disadvantaged status despite being considered in the McCarthy report; and if she will make a statement on the matter. [24773/04]

I propose to take Questions Nos. 129 and 130 together.

Giving Children an Even Break subsumes the previous process of designation of schools that serve areas of educational disadvantage and my Department's approach is now refined to ensure that individual "at risk" pupils are targeted. Rather than the old method of designating additional schools, my Department now provides support that is commensurate with the levels of concentration in schools of pupils with characteristics that are associated with educational disadvantage and early school leaving.

Primary schools participating in Giving Children an Even Break are in receipt of a range of additional supports, including teacher posts and other non-teaching supports to be targeted at disadvantaged pupils. The additional supports provided reflect the level of concentration of pupils from educationally disadvantaged backgrounds in each school invited to participate in the programme. These levels of disadvantage were established as a result of a comprehensive survey of primary schools carried out by the Educational Research Centre, ERC, in March-April 2000 at the request of my Department.

Resources are allocated to schools on a sliding scale and schools with greater proportions of pupils from disadvantaged backgrounds are allocated proportionally more resources than those with fewer numbers of such pupils. Every participating school is entitled to a special €63.49per capita grant in respect of the percentage of pupils with disadvantaged characteristics and schools receive a minimum of €952.30 per annum.

Schools categorised as urban in Giving Children an Even Break with the highest concentrations of at risk pupils are supported, where necessary, through staff allocations to implement reduced pupil-teacher ratios of 20:1 in junior classes, infants through second class, and 27:1 in senior classes, third through sixth class.

The school referred to by the Deputy is included in the urban dimension of Giving Children an Even Break. The school benefits from supplementary funding to provide additional educational supports for the children concerned. It was not considered eligible for additional teaching staff, based on the level of concentration of at risk pupils in the school as reflected in the Educational Research Centre survey outcome.

Schools Building Projects.

Denis O'Donovan

Question:

131 Mr. O’Donovan asked the Minister for Education and Science the proposals by her Department for the construction of a school (details supplied) in County Cork; if a green field site has been selected for same; if it is envisaged that the school will be on her Department’s building programme for 2005; and if she will make a statement on the matter. [24774/04]

In May this year my Department approved the purchase of an 18 acre site from Cork County Council. It is envisaged that this site will facilitate the construction of a post-primary community college and a primary gaelscoil. The site acquisition process is well advanced.

The project for the school to which the Deputy refers will be progressed in the context of the multi-annual school building programme from 2005, preparation of which is currently under way in the school planning section of my Department. I expect to provide details of this multi-annual programme before the end of the current year.

Denis O'Donovan

Question:

132 Mr. O’Donovan asked the Minister for Education and Science the progress by her Department in acquiring a site for a school (details supplied) in County Cork; the date on which the contract for sale from Cork County Council to the VEC will be exchanged and other relevant details; if it is envisaged that the school will be on her Department’s building programme for 2005; and if she will make a statement on the matter. [24775/04]

In May this year, my Department approved the purchase of an 18 acre site from Cork County Council. It is envisaged that this site will facilitate the construction of a post-primary community college and a primary gaelscoil. The site acquisition process is a matter for the VEC.

The building project for the new second level school to which the Deputy refers will be progressed in the context of the multi-annual school building programme from 2005, preparation of which is currently under way in the school planning section of my Department. I expect to provide details of this multi-annual programme before the end of the current year.

Institiúid Teangeolaíochta Éireann.

John Gormley

Question:

133 Mr. Gormley asked the Minister for Education and Science the plans for the future use of the ITÉ premises (details supplied); if all litigation regarding ITÉ has come to an end; if so, the outcome of the litigation; the cost to the ITÉ in legal fees and other costs; and if she will make a statement on the matter. [24803/04]

At an extraordinary general meeting of ITÉ, held on 18 July 2003, the company agreed to initiate a process of voluntary liquidation. This decision was a matter for the members in accordance with their memorandum and articles of association and relevant company law. A meeting of the executive committee of ITÉ on 5 December 2003 agreed to the appointment of a liquidator, who was subsequently appointed on 9 January 2004.

The liquidator has assumed responsibility for the management and winding up of the affairs of ITÉ from that date. This includes responsibility for dealing with property disposal issues and outstanding litigation issues. My Department has been liaising closely with the liquidator since his appointment. The final legal fees associated with outstanding litigation cases will form part of a report from the liquidator to my Department.

ITÉ operates from a number of leased premises. I understand that the property referred to by the Deputy is leased from the Office of Public Works, which has agreed to take over the property following the completion of the liquidation. The future of this property, following the completion of the liquidation, is a matter for that office.

Special Educational Needs.

Willie Penrose

Question:

134 Mr. Penrose asked the Minister for Education and Science if her attention has been drawn to the impact that the new system for allocation of resource teacher support for children with special needs will have on some schools, in particular a school (details supplied) in County Westmeath; if her attention has further been drawn to the fact that under the weighted system, this school is allowed one resource teacher for every 200 pupils, which means that this school’s allocation has been reduced by 1.4 teachers or 35 teaching hours; if, in view of the foregoing, this situation will be reviewed; and if she will make a statement on the matter. [24848/04]

Under my Department's weighted system of teacher allocation for pupils with learning support and higher incidence special educational needs, the appropriate level of teaching support is determined by school enrolment figures and based on the following criteria: in the most disadvantaged schools, as per the urban dimension of Giving Children an Even Break, a teacher of pupils with special educational needs will be allocated for every 80 pupils to cater for the subset of pupils with higher incidence special needs; in all boys schools, the ratio will be one teacher for every 140 pupils; in mixed schools, or all girls schools with an enrolment of greater than 30% boys, one for every 150 pupils; and in all girls schools, including schools with mixed junior classes but with 30% or less boys overall, one for every 200 pupils.

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. Pupils with lower incidence special educational needs will continue to receive individual allocations of teacher support as appropriate.

I will continue to work for improvements in the provision of education services for children with special educational needs and, in this context, will monitor the implementation of the new system to ensure its efficiency and effectiveness.

Marine Safety.

John Perry

Question:

135 Mr. Perry asked the Minister for Communications, Marine and Natural Resources if a once-off payment will be made to Sligo harbour board to ensure that it can provide lifebuoys along the Garavogue River in Sligo town to prevent further loss of life; and if he will make a statement on the matter. [24579/04]

Sligo harbour commissioners have traditionally taken responsibility for the provision of lifebuoys from the slipway at Custom House Quay down to the port's deepwater quay. The commissioners have a number of lifebuoys in place. I understand that additional lifebuoys, which the commissioners took delivery of last Friday, will be deployed as required in the interest of public safety.

Telecommunications Services.

Dan Neville

Question:

136 Mr. Neville asked the Minister for Communications, Marine and Natural Resources the position regarding the development of the group broadband scheme. [24713/04]

The first call for proposals under the group broadband scheme closed on 30 September 2004. A total of 52 project proposals had been received at that date. To date, my Department has approved five project proposals including Killbeggan, Kinnegad, Rochfortbridge, County Westmeath, Gweedore, County Donegal and Daingean, County Offaly. The remaining projects are being assessed for the purposes of funding by my Department and I expect to make further announcements regarding funding in the coming weeks.

As projects are evaluated and approved, the details of the projects are posted to the communications section of my Department's website www.dcmnr.gov.ie. A second call for group broadband project proposals will issue towards the end of this year.

Harbours and Piers.

Denis O'Donovan

Question:

137 Mr. O’Donovan asked the Minister for Communications, Marine and Natural Resources the position pertaining to the proposed new pier for Bantry; the status of the contract that was signed in spring 2002; the decision of the Attorney General on its validity; the status of the €1.9 million commitment by his Department in June 2000 regarding this matter; and if he will make a statement on the matter. [24771/04]

I thank the Deputy for this opportunity to inform the House of the up to date position on the pier development proposed by Bantry Bay Harbour Commissioners.

On 6 September 2004 a meeting took place between the commissioners and the former Minister of State at my Department, Deputy Browne. Following the meeting, the Minister of State wrote to the commissioners setting out his understanding of the outcome of the meeting and how to ensure the dialogue between my Department and the commissioners could be progressed in the future on a positive basis. The letter reiterated that the interruption in the dialogue between my Department and the commissioners and the referral of the matter to the Attorney General was a direct consequence of the unilateral decision by the commissioners to sign a contract in March 2002 for the construction of the pier while discussions with my Department on the viability of the project were ongoing. My Department has received advice from the Attorney General on the proposed pier development. However, no decisions have been taken by my Department on foot of this advice on the contract entered into by the commissioners.

The Minister of State's letter further indicated that from the discussions which had taken place, it appeared that the commissioners believed that the business environment for the project had shifted from that originally envisaged. The projected costs had escalated since the consideration of Exchequer support of €1.9 million by the former Minister, Deputy Fahey. Furthermore, no progress appeared to have been made on the conditions contained in the former Minister's letter of 15 May 2002, which expressly instructed the commissioners not to enter into contractual commitments pending a report on progress on the two stipulated conditions. These conditions relate to negotiations with the terminal operator.

The Minister of State proposed in his letter to the commissioners that the project be reviewed in terms of its viability, the financial implications for the commissioners of increased borrowings for the project due to its escalated cost and the risks to the project posed by the dominant position of the terminal operator. To this end, my Department has invited the commissioners to submit for consideration a fully detailed updated proposal for the project, including a business plan with financial tables. The proposed course set out is a sound basis for progressing the matter and I look forward to my Department receiving for consideration the updated proposal from the commissioners in due course.

Health Board Services.

John Perry

Question:

138 Mr. Perry asked the Tánaiste and Minister for Health and Children if she has received correspondence of 7 September 2004 on behalf of persons (details supplied) in County Sligo; if she will make a decision in view of the circumstances outlined; and if she will make a statement on the matter. [24582/04]

The correspondence in question has been received in my Department. It refers to medical treatment obtained in another EU country. It is a matter for the health board to determine if the treatment is to be authorised in such circumstances.

Where an individual requires specific treatment which is necessary and which is not available in Ireland, a health board may authorise the provision of treatment in another EU member state under EU Regulation 1408/71, which provides for the co-ordination of health and social security arrangements between members of the EU. The E112 is the relevant EU liaison form issued by the health boards in such cases. The issue of the E112 form involves a commitment by the health board to pay the cost of treatment and in issuing the form the health board should specify the nature and extent of treatment to be covered.

It is a matter for the health board to assess each application and to certify criteria by a medical consultant that the treatment is not available in this country; there is an urgent medical necessity for the treatment; there is a reasonable medical prognosis; the treatment is regarded as a proven form of medical treatment; and the treatment abroad is in a recognised hospital or other institution and is under the control of a registered medical practitioner.

The regulations cover public treatment only and it is important to understand that any person who opts for private treatment is liable for any expenses incurred. Each of the Community countries has its own rules regarding public health services. Under the circumstances, a copy of the documentation has been forwarded to the chief executive officer of the North Western Health Board with a request that he should investigate the issues raised and reply directly to the Deputy.

Paul Nicholas Gogarty

Question:

139 Mr. Gogarty asked the Tánaiste and Minister for Health and Children if a domiciliary care allowance will be provided for a person (details supplied) in County Dublin. [24678/04]

The assessment of entitlement to and payment of the domiciliary care allowance is a matter for the relevant health board and the Eastern Regional Health Authority in the first instance. Accordingly, a copy of the Deputy's question has been forwarded to the regional chief executive of the authority with a request that he should examine the case and reply directly to the Deputy as a matter or urgency.

Paul Nicholas Gogarty

Question:

140 Mr. Gogarty asked the Tánaiste and Minister for Health and Children if domiciliary care allowance will be provided for a person (details supplied) in County Dublin. [24679/04]

The assessment of entitlement to and payment of the domiciliary care allowance is a matter for the relevant health board and the Eastern Regional Health Authority in the first instance. Accordingly, a copy of the Deputy's question has been forwarded to the regional chief executive of the authority with a request that he should examine the case and reply directly to the Deputy as a matter of urgency.

Paul Nicholas Gogarty

Question:

141 Mr. Gogarty asked the Tánaiste and Minister for Health and Children if she will investigate claims that parents of children living in Meath and north Kildare are granted domiciliary care allowances more frequently than their counterparts living in west Dublin; and if she will make a statement on the matter. [24680/04]

The assessment of entitlement to and payment of the domiciliary care allowance is a matter for the relevant health board. Accordingly, a copy of the Deputy's question has been forwarded to the chief executive officers of both the Eastern Regional Health Authority and the North Eastern Health Board with a request that they should examine the query and reply directly to the Deputy as a matter of urgency.

Hospital Waiting Lists.

Michael Ring

Question:

142 Mr. Ring asked the Tánaiste and Minister for Health and Children when a person (details supplied) in County Mayo, who is in UCHG, will be given a bed in Beaumont Hospital, Dublin. [24707/04]

The provision of hospital services for people living in County Mayo is a matter for the Western Health Board. My Department has asked the chief executive officer of the board to investigate the position in this case and to reply directly to the Deputy.

Medical Cards.

Bernard J. Durkan

Question:

143 Mr. Durkan asked the Tánaiste and Minister for Health and Children if and when a medical card will be approved in the case of a person (details supplied) in County Kildare who was refused previously on income grounds; if the family’s substantial outgoing expenditure was taken into consideration when determining same; and if she will make a statement on the matter. [24716/04]

Responsibility for the provision of a medical card is, by legislation, a matter for the chief executive officer of the relevant health board-authority. My Department has, therefore, asked the regional chief executive of the Eastern Regional Health Authority to investigate the matter raised by the Deputy and to reply to him directly.

Health Board Services.

Bernard J. Durkan

Question:

144 Mr. Durkan asked the Tánaiste and Minister for Health and Children when a person (details supplied) in County Kildare will be offered extra home help to assist them with their child who is wheelchair bound; and if she will make a statement on the matter. [24717/04]

The provision of health related services is a matter for the health boards and the Eastern Regional Health Authority in the first instance. Accordingly, a copy of the Deputy's question has been forwarded to the regional chief executive of the authority with a request that he examine the case and reply directly to the Deputy as a matter of urgency.

Medical Cards.

Liz McManus

Question:

145 Ms McManus asked the Tánaiste and Minister for Health and Children the cost of extending medical cards to an additional 200,000 persons; and if she will make a statement on the matter. [24723/04]

On the basis of the figures contained in the 2003 annual report of the GMS payments board, the current cost of extending medical card coverage to an additional 200,000 persons would be in the region of €180 million. This figure relates to fees paid to general practitioners, the costs of drugs and medicines and fees paid to pharmacists. There would also, of course, be other associated costs with medical cards such as the dental and ophthalmic schemes.

Hospital Services.

Liz McManus

Question:

146 Ms McManus asked the Tánaiste and Minister for Health and Children the amount of the additional funding recently announced by her predecessor to staff and equip new hospital facilities; the source of this funding; the budgetary impact on funding earmarked for mental health and primary care; and if she will make a statement on the matter. [24724/04]

The full year cost of the new units package recently announced by my predecessor, Deputy Martin, is €85 million in revenue funding and approximately €35 million capital funding in respect of equipping. It has been agreed that €35 million revenue for the projects will come from within the overall funding already available to my Department while the balance falls to be addressed in the context of the 2005 Estimates. The €35 million capital funding will be available from the capital programme.

The new units package includes the opening of new acute psychiatric units at James Connolly Memorial Hospital and Midland Regional Hospital, Portlaoise. There is no budgetary impact on primary care. These new units will significantly enhance and improve service delivery to patients and have been planned in accordance with defined service needs as set out in a number of health related strategies.

Medical Cards.

John McGuinness

Question:

147 Mr. McGuinness asked the Tánaiste and Minister for Health and Children if an application for a medical card will be expedited in the name of a person (details supplied) in County Kilkenny. [24725/04]

Responsibility for the provision of a medical card is, by legislation, a matter for the chief executive officer of the relevant health board or authority. My Department has therefore asked the chief executive officer of the South Eastern Health Board to investigate the matter raised by the Deputy and to reply to him directly.

Health Board Services.

John Perry

Question:

148 Mr. Perry asked the Tánaiste and Minister for Health and Children if her attention has been drawn to the difficulties encountered by a person (details supplied) in County Sligo; if respite care will be made available to them; the legal responsibilities of her Department in the care of persons with physical disabilities; and if she will make a statement on the matter. [24752/04]

The provision of health services, including respite care, to people with a physical and or sensory disability is a matter for the Eastern Regional Health Authority and the health boards in the first instance. Accordingly, the Deputy's question has been referred to the chief executive officer of the North Western Health Board with a request that he investigate the matter and reply directly to the Deputy, as a matter of urgency.

My Department has no direct function in the provision of health services to individuals. One of the principal responsibilities of the Department is to advise and support the Minister in determining national policy. In the area of services to persons with a disability, this involves working closely with the regional health boards, the relevant service providers, other professionals and national representative bodies, including those representing the parents of children with a disability. This can be described as a partnership approach which enables the Department to put in place strategies to guide the development of services and to identify priority areas of need.

The statutory responsibility for the provision of a range of health services is vested in the regional health boards under the Health Act 1970. Each health board decides the services to be provided within its area from the annual determination of expenditure allocated to it by the Minister. In deciding the services to be provided within its area, each health board must take account of the Minister's policies and objectives.

Ambulance Service.

Liz McManus

Question:

149 Ms McManus asked the Tánaiste and Minister for Health and Children the number of emergency response technicians who will be employed by her Department in Castletownbere, County Cork. [24753/04]

Responsibility for the provision of ambulance services to persons residing in County Cork rests with the Southern Health Board. My Department has therefore asked the chief executive officer of the board to investigate the matter raised by the Deputy and to reply to her directly.

Hospital Waiting Lists.

Paul Connaughton

Question:

150 Mr. Connaughton asked the Tánaiste and Minister for Health and Children if her attention has been drawn to the pioneering work done in brain surgery in Beaumont Hospital in Dublin and that, due to insufficient resources in the neurology department at same, patients needing special brain surgery are on a long waiting list; and if she will make a statement on the matter. [24768/04]

Services at Beaumont Hospital are provided under an arrangement with the Eastern Regional Health Authority and my Department has, therefore, asked the regional chief executive of the authority to examine the matter and to reply to the Deputy directly.

Ambulance Service.

Dan Boyle

Question:

151 Mr. Boyle asked the Tánaiste and Minister for Health and Children the situation regarding the failure to have an ambulance service on Arranmore Island, County Donegal. [24818/04]

Responsibility for the provision of ambulance services in County Donegal rests with the North Western Health Board. My Department has therefore asked the chief executive officer of the board to investigate the matter raised by the Deputy and to reply to him directly.

Pre-school Services.

Dan Boyle

Question:

152 Mr. Boyle asked the Tánaiste and Minister for Health and Children if independently managed schools receive and are entitled to the same school health programme available in all other schools. [24819/04]

The statutory provision governing the school health examination service is outlined in section 66 of the Health Act 1970. The section provides that the children eligible for this service are pre-school and national school children. Section 66 also provides that a health board or authority may at its discretion provide child health examinations to children attending a school that is not a national school. Such discretion may be applied once the governing body of the school requests it. Thus, on receipt of an application under section 66(3), the chief executive officer of a health board or authority may discharge the statutory provisions of that section.

As part of the implementation process for the national health strategy, a review of all existing eligibility legislation is being undertaken in my Department. Arising from this review, legislation will be drafted to clarify and simplify eligibility and entitlements to health services in line with the goals and objectives set out in the strategy.

Road Safety.

John Perry

Question:

153 Mr. Perry asked the Minister for Transport when the speed limit change over will be introduced; the measures he has in place to have speedometers changed and to ensure that speed limits are adhered to in view of the change over and to ensure that motorists are aware of their speed; if there are plans to allow each motorist to have their speedometer converted free of charge; and if he will make a statement on the matter. [24581/04]

My predecessor announced last month that it is intended that metric speed limits be in place on 20 January 2005. A metrication change over board is working to that timeframe.

For a considerable number of years now, most new motor vehicles sold in Ireland have been equipped with speedometers having both metric and imperial speed graduations. As a consequence, for the majority of vehicles currently in use here it is possible for the driver to read the vehicle's speed directly in kilometres per hour. In the circumstances I have no plans for a retrofit programme as such would not be practicable for technical and economic reasons nor are Exchequer funds available for such a purpose. However, a comprehensive public education programme on metrication will include information to assist all drivers to adjust to the use of metric distance and speed measurement.

Rail Services.

Eamon Ryan

Question:

154 Mr. Eamon Ryan asked the Minister for Transport the analysis his Department has conducted on the relative merits of investing in a new direct rail service from Dublin to Navan as against the proposed new M3 motorway which would serve the same town and hinterland. [24698/04]

Irish Rail, in conjunction with Meath County Council, is currently undertaking a feasibility study, including a cost benefit analysis, into providing a spur off the Dublin-Sligo railway line at Clonsilla and to reinstate the line as far as a park and ride facility adjacent to the N3 beyond Dunboyne. In assessing the rail proposal, I will also look at the impact on the rail proposals of the proposals to upgrade the N3 and the potential for bus priority measures along the route.

Road Safety.

Gerard Murphy

Question:

155 Mr. Murphy asked the Minister for Transport if it is necessary for a person who is exempt from wearing a seatbelt due to long term illness to renew a doctor’s letter on an annual basis; and if he will make a statement on the matter. [24764/04]

The format of the medical certificate to be completed by a registered medical practitioner in respect of a person to whom an exemption from the requirement to use a safety belt applies is prescribed in the Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) No. 3 Regulations 1991. The certificate provides for the medical practitioner to specify the period of validity of the certificate. In the case of a person with long term or permanent grounds for exemption the medical certificate may be for an indefinite period.

Ciarán Cuffe

Question:

156 Mr. Cuffe asked the Minister for Transport when he intends publishing a new national road safety strategy. [24788/04]

The programme for government states that a three year road safety strategy will be developed to target speeding, drink driving, seatbelt wearing and pedestrian safety in order to reduce deaths and injuries. Following preparation by the high level group on road safety, a new strategy for the period 2004-06 was published on 24 September 2004. Copies of the strategy are available in the Oireachtas Library.

In preparing the new strategy account was taken of the achievements in meeting the targets set out in the Road to Safety Strategy 1998-2002, a comprehensive review of that strategy and further positive trends established in 2003 and the evolving developments in the EU third road safety action plan.

The strategy, which includes a report on progress achieved during the term of the previous strategy, outlines a range of issues that it is intended will be pursued over the period in question. In overall terms, measures will focus on the areas of education, enforcement, engineering and legislation and will target the key areas of speeding, driving while intoxicated and seatbelt wearing. The comprehensive range of measures set out in the new road safety strategy will ensure that we can build on the success of recent years — a reduction from 472 road fatalities in 1997 to 336 in 2003, a fall of 28% — over a period when the number of vehicles, drivers and kilometres travelled on our roads have increased significantly.

Olivia Mitchell

Question:

157 Ms O. Mitchell asked the Minister for Transport if he will make available the response from the four Dublin local authorities to the issues highlighted by the AA and SIMI in respect of areas in which, in their view, speed limits should be altered. [24795/04]

The submissions made by the four Dublin local authorities in respect of suggestions made by the AA for changes to speed limits in Dublin are being forwarded to the Deputy.

Driving Tests.

Willie Penrose

Question:

158 Mr. Penrose asked the Minister for Transport if the application by a person (details supplied) in County Westmeath for a driving test will be expedited; and if he will make a statement on the matter. [24847/04]

Documentary evidence requested on the person's driving test application has now been provided to my Department. A driving test for the person concerned will be arranged as soon as possible.

Garda Operations.

Tony Gregory

Question:

159 Mr. Gregory asked the Minister for Justice, Equality and Law Reform if the Garda has objections to the renewal of the licence at a premises (details supplied) in Dublin 7 in view of the failure of the proprietor there to co-operate with the gardaí in their efforts to curb anti-social activities associated with the premises, at the rear of the premises in the laneway at Ormonde Square, Dublin 7. [24681/04]

I am informed by the Garda authorities that local Garda management has no plans to object to the renewal of the licence attached to the premises in question.

Garda Investigations.

Eamon Ryan

Question:

160 Mr. Eamon Ryan asked the Minister for Justice, Equality and Law Reform the number of motorists that were prosecuted within each of the past five years in the Dublin area for breach of the existing regulations regarding improper encroachment into a yellow box area at road junctions. [24700/04]

I have been informed by the Garda authorities who are responsible for the detailed allocation of resources, including personnel, that the policing of yellow boxes forms part of general road safety and traffic management. The following figures have been provided to me by the Garda authorities in response to the Deputy's question.

1999

2000

2001

2002

2003

Notices Issued

337

532

475

264

214

Notices Paid

282

415

367

221

161

Summons Issued

20

15

25

23

5

Ministerial Appointments.

Ciarán Cuffe

Question:

161 Mr. Cuffe asked the Minister for Justice, Equality and Law Reform his plans to appoint an ombudsman to the legal profession. [24705/04]

The existing system for dealing with complaints against the legal profession has been enhanced recently.

The Solicitors (Amendment) Act 2002 strengthens the disciplinary regime for solicitors in a number of respects of which the following are examples. It doubles the size of the Solicitors Disciplinary Tribunal to cater for an increased workload and the speedier processing of cases. The tribunal is now required to make a separate finding on each ground of alleged misconduct. Regard must be had to previous findings of misconduct by a solicitor when imposing a sanction in the current case. The maximum amount which a solicitor, in respect of whom there has been a finding of misconduct, may be ordered to pay to an aggrieved party or to the Law Society's compensation fund increased from £5,000 to €15,000. There is a right of appeal to the High Court on all aspects of the tribunal's work.

The Act provides for remedies against solicitors who fail to co-operate with investigations. The circumstances in which the Law Society may refuse to issue a practising certificate or impose conditions on a certificate are spelt out in more detail than before. The circumstances in which the society can send an investigator to inspect documents at a solicitor's office are also extended.

A member of the public who is dissatisfied with how the Law Society handles a complaint made to it may refer the matter to the adjudicator appointed under the Solicitors (Adjudicator) Regulations 1997. The adjudicator can require the production of documents and make conclusions of fact and recommendations. He may direct the society to examine or re-investigate the related complaint made to it about a solicitor where he is not satisfied that the society has investigated the complaint adequately. He may also direct the society to make an application to the disciplinary tribunal for an inquiry into the conduct of the solicitor on the ground of alleged misconduct.

The conduct of inquiries for cases heard in camera is also being addressed. Section 40 of the Civil Liability and Courts Act 2004, which will come into operation on 31 March 2005, enables a body conducting an inquiry, otherwise than in public, to have better access to documents and have more information and evidence given to it, subject to a prohibition on the publication of any such documents, information or evidence.

I am in consultation with the Law Society on suggestions it has recently made for further changes in its complaints system. While the complaints system appears to operate in a generally satisfactory manner it is being kept under review in my Department and the question, of course, remains open for the future as to whether proposals to Government for the establishment of a statutory ombudsman for the legal profession should be made.

Liquor Licensing Laws.

Michael Ring

Question:

162 Mr. Ring asked the Minister for Justice, Equality and Law Reform if he has plans to de-regulate licences for public houses; if he intends to issue additional licences; and if he will make a statement on the matter. [24708/04]

Subject to the approval of the Government for its drafting, I intend to publish shortly the details of my proposals for a Bill to codify the liquor licensing laws. I have nothing further to add at this point in time other than to indicate that the proposed Bill will repeal the Licensing Acts 1833 to 2003 and related licensing provisions in other statutes — about 100 statutes in total — and replace them with updated provisions geared to modern conditions. It will, in particular, include updated provisions relating to public houses, off-licences, hotels, nightclubs and theatres. It will also contain provisions relating to the supply of intoxicating liquor in registered clubs which will replace the Registration of Clubs Acts 1904 to 2003.

Garda Deployment.

Seán Crowe

Question:

163 Mr. Crowe asked the Minister for Justice, Equality and Law Reform if the Garda authorities have requested additional gardaí to be allocated to the Tallaght area to deal with the upsurge in anti-social behaviour; and his views on whether the disparity per population with other similarly populated urban areas has contributed to the difficulties being experienced in the area. [24710/04]

I have been informed by the Garda authorities who are responsible for the detailed allocation of resources, including personnel, that the personnel strength of Tallaght Garda station as at 12 October 2004 was 170, all ranks. The personnel strength of Tallaght Garda station as at 1 January 1998 was 133, all ranks. This represents an increase of 37 or 27.8% in the number of personnel allocated to Tallaght Garda station since 1 January 1998.

Anti-social behaviour is policed by a constant evaluation of requirements in any given area and by subsequent allocation of resources to deal with the situation. Garda youth diversion projects play a significant part in combating anti-social behaviour. 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.

Drug Abuse.

Seán Crowe

Question:

164 Mr. Crowe asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the recent survey carried out in the Killanarden area into cocaine being sold in the area; his views on whether extra resources are now needed to tackle the supply of hard drugs including cocaine and heroin in this area; and if there are new initiatives he proposes to introduce to address the problem of drug abuse in this specific area. [24711/04]

I understand from the Garda authorities that a profile of cocaine users in Ireland was co-ordinated by the organisational development unit at Garda headquarters under an EU programme. The Tallaght district was included in the study.

I further understand from the Garda authorities that the personnel strength of Tallaght Garda station as at 12 October 2004 was 170 for all ranks. This compares with a total strength of 133 for all ranks at 1 January 1998 and represents an increase of 37 or 27.8% in the number of personnel allocated to Tallaght Garda station since the latter date. The Garda authorities have stated that they will keep this resourcing allocation 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.

The Tallaght drugs unit consists of one sergeant and eight gardaí. These resources are at times supplemented by the Garda national drug unit, for example, for certain searches. The situation relating to drug abuse and sale in the area is constantly monitored in an effort to curtail the problem. The drug unit sergeant regularly attends meetings of the local drugs task force and local residents' associations where information is gathered and problems discussed. Killinarden Community Centre is represented on the local drugs task force. Drugs conferences at the Garda national drug unit are also attended on a monthly basis. At these meetings trends are assessed and recommendations made to combat problems.

A Garda youth diversion project by the name of KEY, an acronym for Killinarden Enhancing Youth, has operated in the Killinarden area since 1991. One of the aims of the project is to divert young people away from crime, including substance abuse. It is within the project's remit to refer participants with drug related problems for drug treatment and counselling.

In addition, Garda juvenile liaison officers attached to Tallaght Garda station work with young people who have come to the attention of the Garda Síochána in connection with criminal activity and anti-social behaviour. Juvenile liaison officers can refer young offenders to Garda youth diversion projects or in cases where drug abuse is an issue, to available counselling/treatment services.

Deportation Orders.

Bernard J. Durkan

Question:

165 Mr. Durkan asked the Minister for Justice, Equality and Law Reform, further to Parliamentary Question No. 427 of 5 October 2004 and his reply thereto, the way in which under section 5 of the Refugee Act 1996 — prohibition of refoulement — it was possible to satisfy himself regarding the safety of the proposed deportee in view of the fact that she had received threats arising from her political activities; if inquiries were made in her native country regarding a possible threat to her life in the event of her returning there with her family; and if he will make a statement on the matter. [24718/04]

The person referred to in previous Parliamentary Question Nos. 427 and 437 of 5 October 2004 has since been given a temporary stay of six months on the effecting of the deportation order made against her while her case is being reviewed further by my Department.

As regards the question of the examination of refoulement under section 5 of the Refugee Act 1996, my Department used extensive country of origin information drawn from different sources and based on independent research done on the ground, including reports prepared by UNHCR, in evaluating the safety of returning this woman to Nigeria.

Proposed Legislation.

Olivia Mitchell

Question:

166 Ms O. Mitchell asked the Minister for Justice, Equality and Law Reform if he has plans to regularise the sale of fireworks in order to control and regulate this burgeoning, illegal and dangerous market. [24719/04]

Charlie O'Connor

Question:

167 Mr. O’Connor asked the Minister for Justice, Equality and Law Reform his plans to introduce legislation to deal effectively with the scourge of fireworks; if his attention has been drawn to the concern of many in this regard; and if he will make a statement on the matter. [24730/04]

I propose to take Questions Nos. 166 and 167 together.

Fireworks are deemed to be explosives under the provisions of the Explosives Act 1875. They may be imported into the State only under an importation licence granted by my Department. It is a long standing policy that these licences are granted only for organised displays conducted by professional and experienced operators. The Explosives Act also provides for restrictions on the sale of fireworks.

Despite these restrictions, fireworks are imported illegally especially around Halloween. However, the Garda Commissioner has informed me that each year the Garda Síochána puts in place special operations to address the problem in the lead up to and during that time. This involves the gathering of information and appropriate follow up action by the gardaí aimed at the seizure of illicit fireworks and involves close liaison with local authorities.

I am very much aware of the distress illegal fireworks cause to people especially in and around Halloween. In order to strengthen the powers of the Garda Síochána to tackle this matter I have instructed officials in my Department to prepare legislative proposals significantly increasing the penalties under the Explosives Act 1875 for illegal importation, public sale and use of fireworks.

Citizenship Applications.

John McGuinness

Question:

168 Mr. McGuinness asked the Minister for Justice, Equality and Law Reform the status of an application for naturalisation in the name of a person (details supplied) in County Kilkenny; and if he will make a statement on the matter. [24731/04]

I have been informed by officials in the citizenship section of my Department that there is no record of an application for naturalisation or a declaration of post-nuptial citizenship having been received from the person referred to by the Deputy.

John McGuinness

Question:

169 Mr. McGuinness asked the Minister for Justice, Equality and Law Reform if a decision will be expedited with regard to an application for naturalisation on humanitarian grounds in the name of a person (details supplied) in County Kilkenny. [24732/04]

My Department has no record of an application for naturalisation from the person in question. However a decision on his asylum application issued to the applicant on 11 October 2004.

Child Care Services.

Paul Connaughton

Question:

170 Mr. Connaughton asked the Minister for Justice, Equality and Law Reform when an EOCP staff continuation funding grant will be awarded to a group (details supplied); and if he will make a statement on the matter. [24765/04]

As the Deputy may be aware, this community based group was approved a staffing grant of €92,329, over three years, in February 2001. The Deputy should note that support towards staffing costs under the Equal Opportunities Childcare Programme 2000 — 2006 is only made available to those projects which can demonstrate they are providing child care in areas of significant disadvantage and are supporting parents to access employment, education or training.

I recently awarded staffing continuation funding of €10,260 to the group to cover the period up to end 2004. At that point, the programme appraisal committee was advised that, subject to the group entering into appropriate contractual arrangements with ADM Limited, the level of funding recommended was sufficient to provide the service being offered by the group and the level of disadvantage in the area.

As a large number of projects are now beginning to come to the end of their original funding cycle, the priorities of the staffing measure of the programme are being re-examined in light of the available resources. Staffing grant assistance was intended to offer support for a limited number of years to community based child care projects which focus on disadvantage during the period when their services developed and as they moved towards sustainability.

Proposals regarding ongoing staffing supports to groups whose original funding or continuation funding elapses shortly are currently being developed in my Department. In this context, it is expected that only those groups which clearly provide child care services for families with significant levels of disadvantage and where the parents are in employment, education or training will receive ongoing staffing supports under the Equal Opportunities Childcare Programme 2000 — 2006.

Closed Circuit Television Systems.

Paul Nicholas Gogarty

Question:

171 Mr. Gogarty asked the Minister for Justice, Equality and Law Reform if there are plans to amend the grant aided scheme which facilitates local community groups who wish to install their own closed circuit television systems; and if he will make a statement on the matter. [24770/04]

As the Deputy is aware, a grant aid scheme has been launched to facilitate community based groups who wish to install their own local CCTV system. Section 4(1) of the application prospectus which sets out the award limits as to how much funding a community group can apply for under the scheme reads as follows:

Award Limits: (i) The maximum cash grant in any circumstances will be €100,000. Within this cash limit, grants of up to 70% of the total capital cost may be considered. If the amount of non-public funding* is less than 15% of the capital cost, the grant level will not exceed 50%.

*Non-public funding means funding which does not originate from a Government Department or local authority, or a body wholly funded from such sources.

My Department's contribution to this scheme is confined to part funding the initial capital expenditure. It is of course open to community based groups to seek funding from other public sources. However, as set out in section 4(1) above, where the non-public funding is less than 15% of the capital costs then the grant from my Department will not exceed 50% of the capital costs. The granting of funds under this scheme is subject to the availability of funds. There are currently no plans to amend the requirements and conditions of the scheme.

Interception of Telecommunications.

Ciarán Cuffe

Question:

172 Mr. Cuffe asked the Minister for Justice, Equality and Law Reform the number of requests for wire taps which were received from domestic and foreign law enforcement agencies; and the number that were granted in the past five calendar years for which figures are available. [24789/04]

The interception of telecommunications is governed by the provisions of the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993. It is not the practice and it would be contrary to the public interest to disclose details of authorisations to intercept, including the number of authorisations requested and/or granted, if any, in any period of time.

Garda Operations.

Ciarán Cuffe

Question:

173 Mr. Cuffe asked the Minister for Justice, Equality and Law Reform if he will supply this Deputy with a complete copy of the Garda code. [24790/04]

It is not possible to supply the Deputy with a copy of the code.

Juvenile Offenders.

Ciarán Cuffe

Question:

174 Mr. Cuffe asked the Minister for Justice, Equality and Law Reform if he will consider making use of the Jeanie Johnston or Asgard sail training vessels for the rehabilitation of young offenders. [24791/04]

I can inform the Deputy that the Probation and Welfare Service has availed of places on board Asgard 2’s sail training programme for clients of the service since 2001. This has proven to be a very beneficial and worthwhile venture and the Probation and Welfare Service is anxious to continue providing such opportunities to its clients. There are no arrangements in place, at present, with regard to the Jeanie Johnston sail training programme. However, it is certainly something which could be considered in the future.

Services for People with Disabilities.

Dan Boyle

Question:

175 Mr. Boyle asked the Minister for Justice, Equality and Law Reform the supports which his Department has and can offer to the Cork accessible transport group. [24821/04]

My Department provides a focal point for disability equality policy and legislation. It does not have responsibility for the delivery or funding of services for people with disabilities which, under the policy of mainstreaming, is the function of the Department/agency that provides the service to other citizens. Consequently, my Department cannot offer supports for the Cork group mentioned in the question.

My Department funds one demonstration transport project for people with disabilities, which is the subject of ongoing evaluation. The present thinking in my Department is that there is a need to position any such service in an appropriate sectoral context so that synergies can be achieved with any other specialist transport provision that may exist, as well as with mainstream passenger transport services.

Deportation Orders.

Ruairí Quinn

Question:

176 Mr. Quinn asked the Minister for Justice, Equality and Law Reform the number of proposals to deport, with regard to nationals of the ten states which joined the European Union on 1 May 2004, issued prior to that date; the number of notifications of the revocation of a proposal to deport issued subsequent to that date; the number of persons with whom contact has been lost; the number of such nationals in the State; and if he will make a statement on the matter. [24841/04]

From the commencement of the Immigration Act 1999 in November of that year to 30 April 2004, approximately 2,070 notices under section 3(3)(a) of that Act of an intention to deport issued in respect of citizens of the ten states which joined the EU on 1 May 2004. As of 30 April 2004, 1,030 deportation orders had issued from my Department to nationals of these states.

The making and issuing of deportation orders in respect of these nationalities ceased on 1 May 2004, where the persons concerned are exercising their EU treaty rights for the purposes of employment or establishing a business in the State. Persons from these states who were served with a deportation order before 1 May 2004 may apply to the Minister to have their orders revoked. Each application will be considered on its merits, having regard to the reasons for making the orders in the first place.

To date, 483 persons from these states who had been served with notifications of intention to deport and where a decision had not been reached by 1 May 2004 have been notified that they no longer require permission to remain in the State, if they fulfil EU treaty rights requirements. These notices were posted to their last known address, but up to 90% of the letters have been returned undelivered. It is not known how many citizens of these or any other EU member states are currently resident in Ireland as they do not require visas or work permits to enter the country.

Public Safety.

John Perry

Question:

177 Mr. Perry asked the Minister for the Environment, Heritage and Local Government if a once off payment will be made to Sligo Borough Council to ensure that it can provide lifebuoys along the Garavogue River in Sligo town to prevent further loss of life; and if he will make a statement on the matter. [24580/04]

Section 67 of the Local Government Act 2001 empowers local authorities to promote the interests of the local community in a variety of matters, including the promotion of public safety. This includes the provision of safety equipment. It is a matter for each local authority to determine the extent to which such equipment should be provided and to allocate resources accordingly. While there is no specific provision for the funding of equipment such as ring buoys in my Department's vote, my Department, does, of course, provide significant financial support to local authorities through the local government fund which is usable at the discretion of the authority.

Teach an Phiarsaigh.

Aengus Ó Snodaigh

Question:

178 D’fhiafraigh Aengus Ó Snodaigh den Aire Comhshaoil, Oidhreachta agus Rialtais Áitiúil cad é an mhoill atá le hionad léirithe a thógáil do Theach an Phiarsaigh i Ros Muc le hairgead ón bplean náisiúnta mar a d’fhógair an tAire Éamon Ó Cuív go hoifigiúil dhá bhliain go leith ó shin i Ros Muc féin. [24682/04]

Tár éis do mo Roinnse measúnú a dhéanamh go déanach ar chaiteachas caipitil ar an oidhreacht thógtha, socraíodh go gcuirfí siar roinnt tograí, Ros Muc san áireamh, nó go ndéanfaí athbhreithniú orthu níos déanaí.

Tá sé i gceist agam, áfach, dul chun cinn a dhéanamh maidir le háiseanna cuairteoirí a sholáthar i Ros Muc agus chuige sin tá iarrtha agam ar oifigigh de mo Roinnse dul i gcomhairle le hoifigigh de chuid Oifig na nOibreacha Poiblí agus na Roinne Gnóthaí Pobail, Tuaithe agus Gaeltachta chun scrúdú a dhéanamh ar an mbealach is iomchuí leis an togra a chur chun cinn.

Grant Payments.

Brian O'Shea

Question:

179 Mr. O’Shea asked the Minister for the Environment, Heritage and Local Government when he expects that the current review of the disabled person grant scheme will be concluded; and if he will make a statement on the matter. [24683/04]

A review of the disabled persons grant scheme is currently being finalised in my Department and it is expected that it will be completed shortly. On its completion, it will be possible to determine the changes, if any, required to the regulations governing the scheme to ensure that the funding available is directed at those persons in greatest need of such assistance.

Michael Noonan

Question:

180 Mr. Noonan asked the Minister for the Environment, Heritage and Local Government if a thatching grant has been granted to a person (details supplied) in County Limerick. [24686/04]

Turbary Rights.

Paul Connaughton

Question:

181 Mr. Connaughton asked the Minister for the Environment, Heritage and Local Government if consideration will be given to the payment of the current bog value to a person (details supplied) in County Galway, in regard to ten acres sold to the national parks and wildlife service at Clonmoylan bog in 2003; if his attention has been drawn to the fact that the new valuations for such bog have been increased in recent times and that bog owners who sold before now are at a decided financial disadvantage; and if he will make a statement on the matter. [24769/04]

Under the cessation of turf cutting scheme, operated by my Department, all sales of bog and turbary rights are entered into voluntarily. Parties who entered into an agreement prior to the new rates being announced agreed to the compensation rates applicable at that time. However, for bogs designated prior to 2002 the new additional incentive payment recently announced will be applied retrospectively to those who have sold bogs or turbary rights and the IR£1,000, €1,270, incentive payment, where already paid, will be deducted.

I understand that the person referred to in the question qualifies for the additional incentive payment but has yet to complete the necessary contract documents.

Water and Sewerage Schemes.

Denis O'Donovan

Question:

182 Mr. O’Donovan asked the Minister for the Environment, Heritage and Local Government the position regarding a new sewage treatment plant for Bantry; the status of this very important project; and if he will make a statement on the matter. [24776/04]

The Bantry sewerage scheme is included in my Department's Water Services Investment Programme 2004-2006, as a scheme to commence construction in 2005 at an estimated cost of €6.8 million.

Further consideration will be given by my Department to Cork County Council's contract documents for the scheme on receipt of the additional information requested from the council in September 2003 and on a number of occasions since.

Denis O'Donovan

Question:

183 Mr. O’Donovan asked the Minister for the Environment, Heritage and Local Government the position pertaining to the provision of a new regional water scheme in Bantry town and its environs; when it is envisaged to commence the construction of a new reservoir at Cloonegorman in Bantry, County Cork; and if he will make a statement on the matter. [24777/04]

The Bantry water supply scheme is included in my Department's Water Services Investment Programme 2004-2006 as a scheme to commence construction in 2005 at an estimated cost of €14.3 million. My Department is awaiting submission by Cork County Council of contract documents for the scheme.

Denis O'Donovan

Question:

184 Mr. O’Donovan asked the Minister for the Environment, Heritage and Local Government the position regarding the Skibbereen sewage scheme and treatment plant; when grant aid will be allocated for this project; and if he will make a statement on the matter. [24778/04]

The Skibbereen sewerage scheme is included in my Department's Water Services Investment Programme 2004-2006 as a scheme to commence construction in 2005, at an estimated cost of €13.1 million. The waste water treatment plant is being advanced as a grouped design-build-operate contract that also includes Baltimore, Dunmanway, Schull and Ballylickey. My Department is awaiting submission by Cork County Council of tender documents for the grouped design-build-operate project and revised contract documents for the Skibbereen collection system which is being provided by traditional procurement.

Archaeological Sites.

Ciarán Cuffe

Question:

185 Mr. Cuffe asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the fact that the estimate for the amount of archaeological sites found only refers to results based on written documentation and the rudimentary trench testing, and does not take into account the wealth of data available from more sophisticated remote sensing techniques in regard to the proposed M3 motorway that passes through the Tara Skryne area; and if he will make a statement on the matter. [24779/04]

Ciarán Cuffe

Question:

186 Mr. Cuffe asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the fact that the estimate of €30 million for archaeological investigation only covers 38 of the sites discovered to date in regard to the proposed M3 motorway that passes through the Tara Skryne area; if he will make provision for costs arising from the future discovery of other sites; and if he will make a statement on the matter. [24780/04]

Ciarán Cuffe

Question:

187 Mr. Cuffe asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the fact that the estimate of €30 million for archaeological investigation only covers 15 km out of the total 60 km route in regard to the proposed M3 motorway that passes through the Tara Skryne area; the basis for arriving at this figure; and if he will make a statement on the matter. [24781/04]

I propose to take Questions Nos. 185 to 187, inclusive, together.

A variety of techniques have been employed in response to the archaeological requirements of the M3 motorway scheme. An environmental impact statement was prepared by Meath County Council and considered by An Bord Pleanála as part of the approval process for the scheme. The EIS included an archaeological assessment of the route. The assessment was based on a desk-top paper survey, examination of aerial photographs, field inspections and geophysical surveys of the route.

Following approval of the scheme by An Bord Pleanála, archaeological test trenching was carried out along the route of the proposed motorway, as proposed in the EIS and under licence from my Department. The combination of this research and investigation has led to the discovery of previously unrecorded archaeological sites. Costs in respect of the road scheme are a matter for the developers, in this case Meath County Council and the National Roads Authority.

Election Management System.

Ciarán Cuffe

Question:

188 Mr. Cuffe asked the Minister for the Environment, Heritage and Local Government if he has studied the dual electronic and manual voting systems used recently in Venezuela; and if he intends to introduce a similar system on a pilot basis in the forthcoming by-elections. [24783/04]

I refer to the reply to Questions Nos. 53, 70 and 74 of 30 September 2004. As stated in that reply, regard will continue to be had in the ongoing work on electronic voting and counting to further experiences internationally in the use of such solutions and their applicability or otherwise to electoral arrangements in Ireland.

Private Rented Accommodation.

Ciarán Cuffe

Question:

189 Mr. Cuffe asked the Minister for the Environment, Heritage and Local Government if he has plans to inspect the conditions of dwellings for which rent supplement is granted. [24785/04]

Ciarán Cuffe

Question:

190 Mr. Cuffe asked the Minister for the Environment, Heritage and Local Government if he has plans to ensure the inspection of the conditions of dwellings for which rent supplement is granted. [24794/04]

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

Enforcement of the Housing (Standards for Rented Houses) Regulations 1993 is a function of local authorities, who have powers under the Housing (Miscellaneous Provisions) Act 1992 to enter and inspect at all reasonable times a house to which the regulations apply. These powers and regulations apply to all private rented houses, regardless of the category of tenant.

There is a responsibility on each local authority to carry out its functions under the standards regulations as effectively and proactively as possible. To this end, the transfer to local authorities of fee income, available from the registration of tenancies with the Private Residential Tenancies Board, will, in future years, have regard to the level of activity of each authority in enforcing the standards and rent books regulations.

EU Directives.

Martin Ferris

Question:

191 Mr. Ferris asked the Minister for the Environment, Heritage and Local Government when it is proposed to publish the Brosnan report on the nitrates directive. [24840/04]

I would like to place on record my appreciation of the time, effort, energy and commitment given by Mr. Denis Brosnan in engaging on behalf of the Government with all interests in seeking to advance a national action programme under the nitrates directive and for the comprehensive and balanced conclusions set out in his report. The report will be published by the end of the week.

Drug Treatment Programme.

Seán Crowe

Question:

192 Mr. Crowe asked the Minister for Community, Rural and Gaeltacht Affairs if his attention has been drawn to the cocaine survey carried out by City-wide which found that in 25 of the 27 community based anti-drug projects they work with, between 10% and 50% of current clients were addicted to cocaine; the implications this will have for future drug prevention strategies; and the new measures he proposes to activate in response to those alarming figures. [24677/04]

I am aware of the study in question as well as other evidence of an increase in the prevalence of cocaine use, particularly through the local drugs task forces, LDTFs, and the research done by the national advisory committee on drugs, NACD. In this regard, I believe that the problem of cocaine use has to be addressed through the continued implementation of the 100 actions in the National Drugs Strategy 2001-2008 and by projects and initiatives operated through the local drugs task forces and the young people's facilities and services fund, YPFSF.

Each of the local drugs task forces has in place an action plan to tackle drug use in their area based on their own identified priorities. These projects deal with supply reduction, prevention, treatment and rehabilitation for a range of drugs, including cocaine. Most drug users engage in poly-drug use and, therefore, projects should be able to address this pattern of usage rather than concentrating on one drug to the exclusion of others.

Earlier this year, I visited a number of local drugs task force areas and discussed with community representatives and others the nature of the drug problem in their areas, including the issue of cocaine. In this context, I asked the national drugs strategy team to develop proposals to help address this issue at a local level. It has recently submitted its proposals to me, which I am currently examining.

Finally, I assure the Deputy that I continue to keep the issue of cocaine use under review. In this regard, as the Deputy may be aware, a mid-term review of the national drugs strategy is currently ongoing which will enable priorities for further action to be identified and a re-focusing of the strategy, if necessary. The need to amend the strategy to reflect changing patterns of drug use will be considered in this context.

Social Welfare Benefits.

Brian O'Shea

Question:

193 Mr. O’Shea asked the Minister for Social and Family Affairs his proposals to raise carer’s benefit by at least 10% and to extend the period of benefit from 15 months to two years (details supplied); and if he will make a statement on the matter. [24689/04]

Billy Timmins

Question:

196 Mr. Timmins asked the Minister for Social and Family Affairs the position regarding the carer’s allowance; the plans he has to award the carer’s allowance to all carers irrespective of income; his plans to improve the present circumstances many carers are living in, in view of the sacrifices, hardship and isolation many carers all over the country are experiencing as articulated by a number of callers to “Liveline” during the week; and if he will make a statement on the matter. [24720/04]

I propose to take Questions Nos. 193 and 196 together.

Carer's benefit is a social insurance payment for persons who leave employment to care for another person for up to 15 months. Carer's leave, which is the responsibility of the Department of Enterprise, Trade and Employment, provides job protected leave of absence for up to 15 months, with employers being obliged to maintain the employee's employment rights for this period.

It is important to note that each care recipient may receive a total of 65 weeks care. This may be claimed as a single continuous period or in separate shorter time periods. In the event of a person's carer's benefit expiring and the need for income support still existing, it is, of course, open to the carer to apply for carer's allowance.

Any extension of carer's benefit would, in addition to the direct cost implications, have implications for carer's leave. Carer's allowance is a social assistance payment, the primary objective of which is to provide income support to low income carers. In line with other social assistance schemes, a means test is applied to the carer's allowance so as to ensure that limited resources are directed to those in greatest need. The means test has been eased significantly in the past few years, most notably with the introduction of disregards of spouses' earnings.

Paying a carer's allowance to all carers irrespective of income would have substantial cost implications. The cost would depend on the exact nature of the proposal but has been tentatively established at €180 million in a full year. Any improvements to the carer's allowance or carer's benefit schemes which involve additional expenditure will be considered in the context of the budget.

Brian O'Shea

Question:

194 Mr. O’Shea asked the Minister for Social and Family Affairs his proposals to extend disability allowance to those who were in institutional care prior to the budget 2000 changes and who had been in receipt of disability allowance (details supplied); and if he will make a statement on the matter. [24690/04]

Responsibility for the disabled person's maintenance allowance scheme was transferred from the Department of Health and Children and the health boards to the Department of Social and Family Affairs in October 1996. On the transfer of the scheme, the existing qualifying conditions were retained and the scheme was renamed disability allowance. One of the qualifying conditions applying to the former DPMA scheme was that the payment could not be made to people who were in residential care where the cost of the person's maintenance was met in whole or in part by a health board. Effectively, persons who would otherwise have qualified for disability allowance would continue to have their maintenance costs and, in certain cases, an element of spending money met separately rather than through a disability allowance payment.

Since the takeover of the scheme by my Department, the restrictions on payment to persons in residential care have been progressively relaxed. From August 1999 existing disability allowance recipients who are living at home can retain their entitlement where they subsequently go into hospital or residential care. A wide ranging review of illness and disability payment schemes completed by my Department in September 2003 recommended the removal of the residential care disqualification for disability allowance purposes. The working group which oversaw the review recognised that the removal would have a range of implications and that, in the absence of reliable data on the numbers involved and the actual funding arrangements currently in place, it was not possible to fully assess the likely impact or cost of such a move.

Budget 2003 provided for the takeover by my Department of the discretionary pocket money allowances paid to people with disabilities in residential care who are not entitled to disability allowance and for the standardisation of the level of these allowances. My Department is currently completing an information gathering process with the health boards with a view to arranging for the transfer of responsibility for the payment of these allowances and of the funds involved. An assessment of the scale of the transfer and its implications for a more general removal of the residential care disqualification for disability allowance purposes will be made in the light of this transfer and having regard to available resources and priorities generally.

Michael Ring

Question:

195 Mr. Ring asked the Minister for Social and Family Affairs the reason unemployment benefit for a person (details supplied) in County Mayo has ceased. [24709/04]

To qualify for unemployment benefit a person must be available for and genuinely seeking work. The person concerned has been employed on a part-time seasonal basis for some time. Since November 2003, she has been paid unemployment benefit for the days on which she was unemployed. In the period 4 November 2003 to 6 October 2004 the person concerned had 42 days of employment.

In the context of a review of her entitlement, in September 2004, she was asked to provide details of her efforts to find work. Based on her response, a deciding officer disallowed her claim from 14 October 2004, on the grounds that she is not genuinely seeking employment. The person concerned has appealed this decision and her case is being forwarded to the social welfare appeals office for determination. Under social welfare legislation, decisions on claims must be made by deciding officers and appeals officers. These officers are statutorily appointed and I have no role in making such decisions.

Question No. 196 answered with QuestionNo. 193.

Mary Upton

Question:

197 Dr. Upton asked the Minister for Social and Family Affairs if he will review the entitlement of a person (details supplied) in Dublin 8 to the back to education allowance as they will only be able to take up this place in DCU with this support. [24722/04]

The back to education allowance is a second chance educational opportunities scheme designed to encourage and facilitate certain groups, particularly people who have been unemployed for a time and are having difficulty getting back into employment, to improve their skills and qualifications and, therefore, their prospects of returning to the active work force.

To qualify for participation in the third level option of the scheme an applicant must, inter alia, be in receipt of a relevant social welfare payment for at least 15 months, or 390 days, immediately prior to commencing an approved course of study. The person concerned has been in receipt of unemployment benefit for only 312 days and does not, therefore, satisfy the eligibility criteria for participation in the scheme.

British-Irish Council.

Seán Crowe

Question:

198 Mr. Crowe asked the Minister for Social and Family Affairs if he will report on the workings of the British-Irish Council with regard to his Department; the way in which reports are acted on; the frequency with which it meets; the persons who, for his Department, are in contact with their relevant counterparts; and the frequency with which they exchange information. [24736/04]

The British-Irish Council was established under the terms of the Good Friday Agreement to promote positive, practical relationships among its members. The members are the British and Irish Governments, the devolved administrations of Northern Ireland, Scotland and Wales, and Jersey, Guernsey and the Isle of Man. The BIC provides a forum for members drawn from the eight administrations involved to consult and exchange information on a range of issues of mutual interest. My Department is involved with the council's work on social inclusion.

At the meeting of the council in November 2002, it was decided that the initial work of the group should be on the specific theme of financial inclusion. One meeting of Ministers of the social inclusion strand was held in July this year, at which this work was received and concluded. The report has recently been published on the British-Irish Council website. Ministers agreed that the next topic for work within the council's social inclusion theme would be disability, with a specific focus on access to employment, education and training.

Meetings of the social inclusion officials group are generally held two to three times per year. They are attended by one representative of each administration, while the lead administrations naturally have more in attendance. In addition, representatives of the BIC secretariat are also present. My Department is represented by an official from the office for social inclusion which has, within my Department, overall responsibility for developing, co-ordinating and driving the national action plan against poverty and social exclusion.

Social Welfare Benefits.

Michael Ring

Question:

199 Mr. Ring asked the Minister for Social and Family Affairs the waiting times for claims to be processed in all areas of social welfare, including benefits and allowance in each section. [24738/04]

My Department aims to provide a prompt, efficient service to all our customers. Applications for social welfare payments are processed and entitlements are issued as quickly as possible having regard to the eligibility conditions which apply to each scheme.

These conditions vary from scheme to scheme. In the case of insurance based schemes the person's contribution record must be established. For illness or disability schemes medical certification by the applicant's own doctor is required and it may be necessary for a medical assessor of my Department to carry out an assessment to ensure the medical conditions of the scheme are fulfilled. Assistance schemes require, inter alia, an assessment of the person’s means to be carried out. This may involve a visit to the person’s home by an inspector of my Department.

The over-riding consideration in processing claims is to ensure that customers receive their correct entitlement and decisions are not taken until all appropriate information is available. Details of the average clearance times for new claims for the month of September 2004, and year to-date including September, for the main payment schemes are in the following table.

Average Weeks to Award Social Welfare Claims

Claim Type

September 2004

Year to Date 2004

Old Age Contributory Pension

7.95

8.27

Retirement Pension

6.34

6.41

Widows Contributory Pension

2.98

3.62

Old Age Non-Contributory Pension

8.30

7.64

Widows Non-Contributory Pension

2.90

4.79

One Parent Family — Separated

18.48

19.61

One Parent Family — Unmarried

15.69

16.22

Household Benefits (Free schemes)

4.86

5.80

Unemployment Benefit

1.82

1.85

Unemployment Assistance

2.69

2.53

Disability Benefit

1.98

2.25

Child Benefit

1.60

1.20

Family Income Supplement

3.97

6.07

Invalidity Pension

9.49

8.83

Disability Allowance

9.99

10.21

Carer’s Allowance

15.01

14.33

Willie Penrose

Question:

200 Mr. Penrose asked the Minister for Social and Family Affairs if his Department has received correspondence from a person (details supplied) in Dublin 2; if the concerns expressed therein will be responded to; and if he will make a statement on the matter. [24739/04]

A copy of the letter to which the Deputy refers was received in my Department recently. The principal issues raised by the person concerned relate to difficulties he appears to have experienced while applying for housing as well as problems with the hostel in which he is currently residing. The hostel concerned provides accommodation for homeless people.

As these are matters for the relevant housing authority a copy of the letter has been forwarded to my colleague, the Minister for the Environment, Heritage and Local Government. The person concerned is currently in receipt of unemployment assistance and a rent supplement. My Department is not aware of any difficulties regarding these payments.

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