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Dáil Éireann debate -
Tuesday, 19 Oct 2004

Vol. 590 No. 4

Written Answers

The following are questions tabled by Members for written response and the ministerial replies received from the Departments [unrevised].
Questions Nos. 1 to 14, inclusive, answered orally.
Questions Nos. 15 to 155, inclusive, resubmitted.
Questions Nos. 156 to 163, inclusive, answered orally.

Foreign Conflicts.

Denis Naughten

Question:

164 Mr. Naughten asked the Minister for Foreign Affairs his views on the political situation in Burundi; and if he will make a statement on the matter. [25226/04]

Despite difficulties, there has overall been significant political progress in Burundi since the signing of the Arusha peace accord in August 2000. That accord provided for a three year transition period to end on 31 October 2004 by which time national elections were due to be held. However, this three-year transition period is likely to be extended due to disagreements on the new draft constitution and the power sharing arrangements which were to be operative in the post-transition period.

The position is that an agreement on power sharing for the post-transition period was concluded in Pretoria on 6 August 2004 and endorsed by a regional summit. While it is accepted by 20 of Burundi's political parties, the remaining ten, predominantly Tutsi, parties reject it. These Tutsi parties also object to certain provisions of the draft constitution. They and the Tutsi vice-president began a boycott of Government meetings on 3 September.

In the event, the draft constitution was approved by the national assembly on 18 September, but 60 Tutsi members of the assembly boycotted the proceedings. A referendum to approve the constitution is planned for November, which will be observed by the EU.

Preparations for the holding of elections are also proceeding assisted by the UN mission in Burundi, ONUB. Local and legislative elections are now planned for March 2005 followed by presidential elections in April 2005. The European Union is committed to supporting the electoral process in Burundi, including through the provision of financial assistance and is expected to send an observation mission.

Only one, mainly Hutu, armed group, the FNL, remains outside the peace process. Its position has become increasingly marginalised following a massacre at Gatumba refugee camp on 13 August 2004 when 160 Congolese Banyamulenge — Tutsi — refugees were murdered. An investigation into the massacre, which was claimed by the FNL, is being conducted by the United Nations. Tensions between Burundi and the DRC rose following the massacre and border crossings on both sides were closed temporarily.

Following the massacre, countries in the region declared the FNL a terrorist organisation and requested the UN and African Union to take appropriate action against it. Burundi has in addition issued international arrest warrants for the FNL leaders. The FNL continues to mount military operations in the Bujumbura Rurale area which result in widespread casualties and destruction of property. The EU has consistently called for a comprehensive ceasefire and has urged the FNL to abandon its military campaign and commit fully to the peace process.

Ireland, as EU Presidency, remained very closely engaged with the Burundian peace process. In April 2004, my predecessor met the President and the Foreign Minister during a visit to Burundi, and again met the President in September at the United Nations. During these meetings, the Minister reiterated Ireland's and the EU's full support for the current peace efforts and willingness to extend whatever assistance we can to further this process. He also urged progress in implementing all the provisions of the Arusha peace accord, including those relating to tackling impunity and safeguarding human rights. He urged Burundi to ratify the statute of the International Criminal Court, since this would offer an assurance of justice to all those who have suffered human rights abuses during the latter years of the conflict. The President responded that his Government is considering ratification.

It is critically important that over the coming months, all sides in Burundi refrain from any actions that might create tension or lead to violence, proceed swiftly with the process of disarmament, demobilisation and reintegration and bring about a rapid end to hostilities.

Overseas Development Aid.

Enda Kenny

Question:

165 Mr. Kenny asked the Minister for Foreign Affairs his views on the undertaking given in 2000 to allocate 0.7% of GNP to overseas aid by 2007; when this target will be reached; and if he will make a statement on the matter. [25229/04]

Bernard J. Durkan

Question:

203 Mr. Durkan asked the Minister for Foreign Affairs the extent to which he expects to increase overseas development aid in the coming year with particular reference to the drawing up of the Estimates for 2005; and if he will make a statement on the matter. [25276/04]

Brendan Howlin

Question:

230 Mr. Howlin asked the Minister for Foreign Affairs if his attention has been drawn to recent comments, that the 0.7% target of GNP for ODA will not be reached as planned by 2007 despite the commitments to achieving this target in speeches made to various international gatherings since the UN Millennium Summit, New York, 2004; the reasons for this U-turn; and if he will make a statement on the matter. [25300/04]

Bernard J. Durkan

Question:

362 Mr. Durkan asked the Minister for Foreign Affairs if it is intended to increase overseas development aid in line with commitments given previously; and if he will make a statement on the matter. [25524/04]

I propose to take Questions Nos. 165, 203, 230 and 362 together.

I refer the Deputies to my answers to Questions Nos. 156, 157 and 158.

Human Rights Issues.

Kathleen Lynch

Question:

166 Ms Lynch asked the Minister for Foreign Affairs the outcome of the meeting convened on 6 August 2004 with key Irish and international humanitarian agencies working in Darfur, Sudan; the challenges that remain in delivering aid to the region; and if he will make a statement on the matter. [25303/04]

John Gormley

Question:

173 Mr. Gormley asked the Minister for Foreign Affairs his views on the widening of the mandate of African Union peacekeeping forces in Darfur to allow them to ensure the safety of civilians as a priority and the delivery of badly needed aid; and if he will make a statement on the matter. [25356/04]

Eamon Ryan

Question:

194 Mr. Eamon Ryan asked the Minister for Foreign Affairs if the Government has made recent initiatives in terms of the ongoing crisis in Sudan; and if he will make a statement on the matter. [25354/04]

Pat Breen

Question:

198 Mr. P. Breen asked the Minister for Foreign Affairs the efforts being made to stem violence in Sudan; the level of Irish aid being allocated to humanitarian relief in the Sudan; and if he will make a statement on the matter. [25209/04]

Joan Burton

Question:

214 Ms Burton asked the Minister for Foreign Affairs the initiatives which the Government, at Irish or European Union level, has had to deal with the crisis in Darfur. [25286/04]

Liz McManus

Question:

235 Ms McManus asked the Minister for Foreign Affairs if he will make a statement on the visit of the Minister of State to Darfur, Sudan, in July 2004; the organisations the Irish delegation met during the visit, and the efforts that the Government has made since to highlight the situation in Darfur internationally. [25304/04]

Bernard J. Durkan

Question:

365 Mr. Durkan asked the Minister for Foreign Affairs the progress that has been made in dealing with the ongoing strife and starvation in the Darfur region; and if he will make a statement on the matter. [25527/04]

I propose to take Questions Nos. 166, 173, 194, 198, 214, 235 and 365 together.

The crisis in Darfur is at the top of the agenda for Ireland, the European Union and, as we heard from Secretary General, Kofi Annan, last week, the United Nations. The immediate priority is to address the vulnerability of those at greatest risk. They need security and humanitarian assistance. One without the other is not enough.

Considerable progress has been made in addressing the need for humanitarian aid, but more needs to be done. There are still areas where food supplies are not getting through. Reports of malnourishment persist. The loss of the planting season means that the reliance on external assistance will not improve for the next 12 months. The UN world food programme has provided food to about 1.3 million people in September. These are enormous needs, especially in the rainy season and in an insecure environment.

The international community has responded generously. Irish NGOs, supported by the Government and the private donations of the Irish people, have played a noteworthy part in this effort. For its part, the Government has provided almost €10 million in funding to Sudan in 2004. Sudan is the largest recipient of Ireland's emergency and recovery aid programmes. Some €6 million has been provided in emergency life saving assistance to meet the immediate needs of some of the most vulnerable populations in Darfur. However, as Kofi Annan has reminded us, more is required. Ireland will not be found wanting in the face of this appeal.

On the security front, conditions have improved, but not by nearly enough. Communities continue to live in fear of attack, particularly women and girls who are preyed upon by armed militias. Unfortunately, the current insecurity in Darfur derives from a military conflict between the Sudanese Government and local rebel groups. While separate from the larger conflict which has crippled Sudan for decades, the Darfur conflict also runs along the fault line between Arab and Islamic Africa and sub-Saharan Christian or animist Africa. An end to the present crisis requires not only an immediate humanitarian and security response, but a settlement of the political conflict in Darfur. Without peace there can be no long-term security.

The United Nations has given the African Union the lead role in terms of military intervention by the international community. The African Union, an organisation which embodies the determination of Africans to meet the challenges facing their continent, has sought this lead role. It looks to the international community for support, but it is determined to lead. It has rejected any foreign intervention by any country in what it regards as a purely African issue.

The African Union is active through both its ceasefire monitoring mission and its mediation of the peace talks between the government and the rebels in Abuja. Ireland and the EU welcome the AU's plans to strengthen its mandate and substantially expand the size of its mission in Darfur to about 4,500 troops by the end of next month. The EU has already provided substantial support to the existing mission, including an allocation of €12 million from the African peace facility established under the Irish Presidency. The EU is also contributing a number of observers to the mission, including an officer from the Irish Defence Forces. The EU has recently reaffirmed its commitment to assist the AU with the planning and implementation of this expanded mission and is examining ways in which to do so.

It is hoped that this expanded mission can help to improve the security situation on the ground and to create suitable conditions for the safe and voluntary return of refugees and internally displaced persons. However, the area covered is so vast that no such mission can hope to provide blanket security. The Sudanese Government must continue to bear primary responsibility for security and the protection of its own citizens. The international community must therefore continue to maintain pressure on the Sudanese Government to meet its obligations and support all efforts to put an end to the conflict between the Government and local rebel groups.

For its part, the Irish Government has been active both in the European Union and at the United Nations in seeking to address the situation in Darfur. As regards the UN, we have been vocal in pressing for action by the Security Council. We welcome the adoption of Resolution 1564 and the fact that sanctions have been signalled as an option if the Sudanese Government fails to meet its obligations under that resolution.

The Government particularly welcomes the Secretary General's decision, taken at the request of the Security Council, to establish an international commission of inquiry to investigate violations of human rights and humanitarian law in Darfur and determine whether acts of genocide have occurred. Ireland is ready to co-operate fully with the commission and hopes that it will complete its work as soon as possible.

Darfur was discussed at last week's meetings in Dublin with Secretary General Annan, who, in particular, highlighted the need for the wider international community to assist the efforts of the AU. Last month, my predecessor made a forceful intervention on Darfur in his address to the General Assembly. He appealed to the international community to support the humanitarian effort. He criticised the Sudanese Government for its failure to protect its citizens and demanded that it disarm the Janjaweed. He also expressed frustration at the failure of some members of the Security Council to support Resolution 1564 and urged that the Security Council unite behind the implementation of that resolution. While in New York, the Minister met the Sudanese Foreign Minister, Mustafa Osman Ismail, and urged him to ensure that the Sudanese Government meet the obligations imposed upon it by the Security Council.

In the EU, Ireland has been active on Darfur, both during our Presidency and since. The External Relations Council reviews the situation at every meeting and continues to speak out strongly. At its meeting on 11 October 2004, the Council warned that if no tangible progress is achieved, the EU will take appropriate measures, including sanctions, against the government of Sudan and all other appropriate parties, in accordance with Security Council Resolutions 1556 and 1564. On 13 October, an EU ministerial Troika mission visited Sudan to stress to the Government the need for further concrete progress in protecting civilians, neutralising and disarming the Janjaweed, fostering progress in the peace talks and bringing to justice perpetrators of human rights violations and crimes against civilians.

The former Minister of State, Deputy Kitt, visited Sudan, including Darfur, in July. He used the visit to view the situation at first hand. He met and spoke to humanitarian workers from NGOs and UN agencies, including the many Irish working for NGOs such as GOAL, Concern and Trócaire and the UN agencies, to whom I pay tribute. The Minister of State also met members of the African Union's ceasefire monitoring mission and the Sudanese authorities, including Foreign Minister Osman. Among the points he stressed to the latter were the need for free and unrestricted access for humanitarian workers, the removal of other bureaucratic barriers to effective emergency action and the disarming of the Janjaweed militia.

On 6 August, as part of our ongoing dialogue with the NGO community on the Darfur crisis, the former Minister of State met Irish NGOs operating in Darfur. This meeting provided a valuable opportunity to brief our NGO partners on the Government's actions and allowed the NGOs to highlight the ongoing challenges they face and to update the Government on developments on the ground. We remain in ongoing contact with NGOs partners on developments in Darfur.

Ireland's ambassador to Sudan, who is resident in Egypt, visited Darfur last month. He met representatives of the Sudanese authorities, EU partners and Irish NGOs. He also received updates from representatives of the UN, including the UN High Commissioner for Human Rights. Another team from my Department will visit Darfur towards the end of November. It will carry out a fresh appraisal of needs in order to ascertain the best way to complement and add value to the ongoing humanitarian effort. Based on this assessment and contacts with NGO partners, I will be able to determine the best way to deliver additional assistance.

Resolution of the Darfur crisis will remain an absolute priority for the Government. Sudan has suffered terribly from war. There are great hopes that the wider peace process between the north and south may come to a successful conclusion. Preparations are under way for a major programme of recovery and reconstruction if the peace process is completed. However, the Darfur conflict must also be brought to an end. Deputies should rest assured that the Government will be to the fore in efforts to assist not just Dafur, but Sudan as a whole, both now and into the future.

Foreign Conflicts.

Paul McGrath

Question:

167 Mr. P. McGrath asked the Minister for Foreign Affairs the political situation in Chechnya; the level of support being given by the Government in the aftermath of the Beslan school siege; and if he will make a statement on the matter. [25235/04]

I reiterate the Government's condemnation of the horrific events in Beslan last month. The hostage-takers clearly had no regard for human life and their callous actions served no purpose other than to bring death, fear and harrowing grief to the people of Beslan and Russia.

The Government responded promptly by providing support for humanitarian efforts in Beslan. On 6 September, the Government announced funding of €100,000 in response to the International Federation of the Red Cross appeal to assist families affected by the tragedy. On 14 September, following a meeting between the former Minister of State, Deputy Kitt, and the Secretary General of the International Federation of the Red Cross and Red Crescent Societies, the Government announced further funding of €100,000 for the IFRC effort. Ireland's support includes trauma counselling assistance for the victims of the siege.

I would also like to recognise the extraordinary response of the ordinary Irish people, including many children, who signed the book of condolence at the Russian Embassy and who, together with many others, contributed generously to supporting the victims of this atrocity.

With respect to the situation in Chechnya, the Russian authorities have made a concerted effort over the past 18 months to build the basis of a new political system there. This policy has included the adoption by referendum of a new Chechen constitution in March 2003 and a presidential election in the republic in October 2003. An extraordinary presidential election was held on 29 August following the assassination of President Kadyrov in a bomb attack in May this year. Following the election of Mr. Alu Alkhanov as President of Chechnya, the European Union expressed the hope that the new president and Russian authorities would make efforts to start a process leading to a genuine political settlement, based on dialogue, reconciliation, respect for human rights and a restoration of the rule of law.

Regrettably, it is clear that the security situation in Chechnya remains very serious and that the civilian population continue to suffer enormously as a result of the conflict. We continue to receive credible reports of human rights abuses against Chechen civilians by both rebels and Russian security forces. These incidents can only hinder prospects for long-term peace and reconciliation.

Ireland and the European Union recognise the territorial integrity of the Russian Federation. We condemn the actions of the terrorist groups. We acknowledge the right and responsibility of the Russian Government to oppose terrorism and crime and to protect its citizens. However, the EU has consistently stated that the fight against terrorism, in the Russian Federation as elsewhere, must be conducted in accordance with internationally accepted human rights standards.

I assure the Deputy that I will continue our work for the promotion of human rights in Russia and to encourage a peaceful solution in Chechnya in the overall context of developing positive Irish and EU relations with Russia.

Jim O'Keeffe

Question:

168 Mr. J. O’Keeffe asked the Minister for Foreign Affairs if he will report on the situation in Kosovo; and if he will make a statement on the matter. [25214/04]

Elections for a new Kosovo assembly will be held on 23 October. Preparations for the elections have been difficult due to the reluctance of Kosovo Serb parties to participate on the grounds that their security has not been fully assured. The most recent meeting of the General Affairs and External Relations Council welcomed the statement by President Boris Tadic of Serbia encouraging Kosovo Serbs to participate in the elections, and the subsequent registration by a number of Kosovo Serb parties. It is important that the elections are conducted in a free and fair manner and with the widest possible participation by all communities. The conduct of the elections will be monitored by a Council of Europe observation mission which will include four Irish observers.

Kosovo remains under UN administration, in accordance with Security Council Resolution 1244, which was adopted following the end of the conflict in 1999. The EU fully supports the UN mission in Kosovo, which is working with the provisional institutions of self-government to implement European standards in the rule of law, human rights and protection of minorities in advance of any consideration of the final status of Kosovo. The EU has stressed the importance of the early formation of a functioning government following the election of the new assembly which will continue to work towards the review of progress on the implementation of standards which will be carried out in mid-2005. If this review is positive, it will be followed by a process of negotiation to agree the status issue. These negotiations will inevitably be complex and difficult with implications for the whole western Balkans region. Whatever their agreed outcome, it is clear that the future of Kosovo rests within the region as it moves closer to eventual integration with the EU. The European Union will, therefore, be called on to play the lead role in working with the authorities in Kosovo in the long term.

The EU remains fully committed to a multi-ethnic, democratic Kosovo in which the rights of all communities are fully protected. The ethnically motivated violence in March this year was undoubtedly a major setback. Significant progress has been made, however, towards re-establishing a political process for Kosovo, which must involve the representatives of all communities, and continued dialogue between Belgrade and Pristina. The security situation has stabilised, although it remains tense. There are 213 Irish troops serving with KFOR, the UN mandated peacekeeping force in Kosovo. I express the appreciation of the Government for the role being played by members of the Defence Forces in ensuring security and stability in Kosovo.

During Ireland's EU Presidency, the European Council and the General Affairs and External Relations Council paid close attention to developments in Kosovo. The situation will remain high on the agenda of the Council in the months to come. The EU will continue to work closely with the UN mission in Kosovo, and especially with the special representative of the UN Secretary General, Mr. Soren Jessen-Petersen, in preparation for the crucial review of the implementation of standards next year. The EU will also remain in close contact with the US and the wider international community to ensure that the eventual process to address the issue of the final status of Kosovo will also contribute to the stability of the western Balkans region as a whole.

Terrorist Attacks.

Brian O'Shea

Question:

169 Mr. O’Shea asked the Minister for Foreign Affairs if he has had discussions with the US and Israeli ambassadors arising from risk assessments carried out by Army specialists before Ireland’s EU Presidency on their Dublin embassies which showed that they are the most vulnerable to terrorist attack in Europe; and if he will make a statement on the matter. [25321/04]

Fergus O'Dowd

Question:

222 Mr. O’Dowd asked the Minister for Foreign Affairs if, in view of the recent attack on an embassy in France, any reassessment of the threats to embassies on Irish soil has been undertaken; and if he will make a statement on the matter. [25227/04]

I propose to take Questions Nos. 169 and 222 together.

Matters pertaining to the security of embassies in Ireland are the responsibility of the security authorities in this State. The primary responsibility for such security rests with the Garda Síochána. While it is not the practice to comment on specific details of security arrangements relating to the protection of individual embassies, I can confirm that these arrangements are kept under continuing review.

Emigrant Services.

David Stanton

Question:

170 Mr. Stanton asked the Minister for Foreign Affairs the way in which the Government assists disadvantaged members of the Irish community in Britain; his further plans in this regard; and if he will make a statement on the matter. [25313/04]

The DION fund for Irish emigrant welfare in Britain is allocated by the Minister for Foreign Affairs on the basis of recommendations from the DION committee. The committee, which was established in 1984, replaced earlier consultative arrangements on emigrant welfare services for vulnerable Irish people in Britain.

The DION committee's role is to advise and report on welfare services for emigrants, to make recommendations on the provision of financial assistance towards the employment of professional workers dealing with the welfare problems of Irish people in Britain, and to consider and make recommendations on specific questions at my request.

Since the DION fund was established in 1984, more than €21 million has been distributed under it. Recipients of DION grants are organisations that provide frontline advice, counselling and support services to Irish people in need in Britain. Priority targets for funding are services that support the elderly, the homeless and people affected by illness or substance misuse problems, as well as the Traveller community. The fund also addresses problems relating to access to housing, training or employment.

The DION fund has more than quadrupled in the past five years. This year's initial allocation to the fund was €3.57 million. However, an additional €1 million has recently been secured and most of this amount will be directed to organisations in Britain. Some 57 different organisations working with Irish people in need have already received funding this year.

A new dedicated unit, the Irish abroad unit, was recently established in my Department to co-ordinate the provision of services to emigrants. I am confident that this initiative will inject a new momentum into this important area of policy. Officials of the unit and of the embassy in London are working in close consultation with the wide range of people engaged in the delivery of services to Irish people in Britain so that Government funding is targeted effectively and best meets the needs of our vulnerable community.

Ministerial Travel.

Simon Coveney

Question:

171 Mr. Coveney asked the Minister for Foreign Affairs if he will give details of his overseas travel arrangements for the remainder of 2004; and if he will make a statement on the matter. [25213/04]

The following is a list of my confirmed overseas engagements for the remainder of the year. On 29 October, I will be in Rome to sign the European constitution. There will be three meetings of the General Affairs and External Relations Council between now and the end of the year. These will take place in Brussels on 2 and 3 November, 22 and 23 November and 13 and 14 December. I will also attend the European Council meetings in Brussels on 4 and 5 November and 17 December. On 29 and 30 November, I will be in The Hague for a Euro-Mediterranean Partnership, EUROMED, mid-term ministerial meeting. I will also be attending a Euro Atlantic Partnership Council, EAPC, ministerial meeting in Brussels on 9 and 10 December.

Official Engagements.

Paul Nicholas Gogarty

Question:

172 Mr. Gogarty asked the Minister for Foreign Affairs the agenda of his predecessor’s meeting with the US Secretary of State, Mr. Colin Powell, in New York in September 2004; and if he will make a statement on the matter. [25352/04]

As Minister for Foreign Affairs, my predecessor, Deputy Cowen, together with the Foreign Ministers of all EU member states, met US Secretary of State Powell in the margins of the United Nations General Assembly on 22 September last. It is a feature of Ministers' week at the General Assembly that EU Foreign Ministers meet the US Secretary of State. The meeting represents an important opportunity for the EU and the US to discuss current international issues of mutual concern. As Presidency of the EU, the Dutch Foreign Minister led discussions on the EU side.

In particular, the two sides discussed the ongoing crisis in Sudan, including continued EU and US efforts to contribute to improving the security situation there, the situation in the Middle East, in Iraq, and in Iran.

Question No. 173 answered with Question No. 166.

Trevor Sargent

Question:

174 Mr. Sargent asked the Minister for Foreign Affairs if he will report on his recent meeting with the UN Secretary General, Mr. Kofi Annan; and if he will make a statement on the matter. [25355/04]

Olivia Mitchell

Question:

179 Ms O. Mitchell asked the Minister for Foreign Affairs if he will report on his recent meeting with Secretary General, Mr. Kofi Annan, of the United Nations; the issues discussed with the Secretary General; and if he will make a statement on the matter. [25217/04]

Bernard Allen

Question:

368 Mr. Allen asked the Minister for Foreign Affairs if he will report on recent discussions held with the Secretary General of the United Nations, in particular on proposals made relating to greater humanitarian, crisis management or other co-operation between the UN and the EU; and if he will make a statement on the matter. [25494/04]

I propose to take Questions Nos. 174, 179 and 368 together.

Secretary General Annan's official visit last week took place at the invitation of the Government. It was his first visit to Ireland since 1999 and provided an excellent opportunity for an exchange of views on a range of issues at a critical time for the United Nations.

Many Deputies will have been present in Dublin Castle to hear the Secretary General's address to the National Forum on Europe last Thursday 14 October, which was chiefly on the theme of EU-UN co-operation in crisis management. In his intervention, the Secretary General outlined with force and clarity the importance to the United Nations of strengthened EU capacities, in particular the specialised skills its member states possessed in the military area that other troop contributors may not be able to provide, including its ability to deploy more rapidly in crisis situations.

On Friday, the Secretary General held talks on peacekeeping issues with my colleague, the Minister for Defence, and reviewed troops and met Defence Forces veterans of UN peacekeeping operations. That evening, the Minister of State, Deputy Conor Lenihan, and I met the Secretary General, Kofi Annan, at the Department of Foreign Affairs. Discussions were very wide ranging and took place in a warm and cordial manner, befitting the close and co-operative relationship that has long existed between Ireland and the Secretariat of the United Nations on matters such as peacekeeping, disarmament, economic and social development and human rights.

The Secretary General was highly appreciative of the particular impetus Ireland has given to European Union co-operation with the United Nations, including in the important area of crisis management and in activity by the European Union to support the multilateral system. I assured the Secretary General that he could rely on Ireland's strong support for his efforts to reform the United Nations and to promote agreement among UN member states on a more effective system of collective security.

We exchanged views on the major review that will take place in 2005 of the implementation of the millennium summit declaration and on the follow up to the report of the Secretary General's high level panel on threats, challenges and change. We discussed the actions that need to be taken to ensure a successful review and to create the political will to establish a platform for a renewed effort to ensure the achievement of the millennium development goals by the target date of 2015.

I assured the Secretary General that the Government fully understood the need for hard decisions to ensure the continued and strengthened capacity of the multilateral system to address common threats and challenges. We agreed that UN member states need to address difficult questions of institutional reform in the UN system, including reform of the Security Council, with a view to enhancing its legitimacy, and thus its effectiveness, by becoming more representative of today's world.

I reviewed with the Secretary General what Ireland has done, and what it wants to see done to stem HIV-AIDS. We discussed preparations for the June 2005 meeting that will assess progress on the declaration of commitment on HIV-AIDS agreed at the UN special session on HIV-AIDS in 2001. The Secretary General paid tribute to Ireland's activity on HIV-AIDS, including the outcome of the Dublin conference earlier this year on HIV-AIDS in eastern Europe and central Asia.

I also discussed with the Secretary General a number of pressing current issues of international peace and security. These included the grave humanitarian and security situation in the Darfur region of the Sudan, preparations for the forthcoming elections in Iraq in the context of the dangerous security situation there, the outstanding UN achievement in assisting the government of Afghanistan with the successful recent national elections as well as prospects for the country in their aftermath; the continued refusal of the authorities in Burma to release Aung San Suu Kyi from house arrest and to receive the Secretary General's special envoy, the impasse in the Israeli-Palestinian conflict including recent Israeli actions in the Gaza Strip, progress, or the lack of it, in the implementation of peace processes in the Great Lakes area of Africa, in the Horn of Africa, and in Western Sahara and the situation in West Papua.

Deputies will understand that I am not in a position to go into detail on our exchanges on these issues. However, the insights that the Secretary General and his team were in a position to offer on these issues were, as always, very instructive and of great value to me and to the Government in formulating policies on a wide range of issues. Secretary General Annan leaves Ireland carrying the Government's best wishes for success in the difficult task of revitalising and strengthening the multilateral system.

Human Rights Issues.

Pat Rabbitte

Question:

175 Mr. Rabbitte asked the Minister for Foreign Affairs his views on the benefits flowing from the Government’s recent change in its attitude towards the military junta in Burma; and if he will make a statement on the matter. [25326/04]

Eamon Gilmore

Question:

180 Mr. Gilmore asked the Minister for Foreign Affairs his views on the practical benefits that have flown from the Government’s change of position in relation to dialogue with the military regime that has been holding the democratically elected choice of the people in Burma, Aung San Suu Kyi, under house arrest; and if he will make a statement on the matter. [25292/04]

Paul Kehoe

Question:

190 Mr. Kehoe asked the Minister for Foreign Affairs if the Dutch Government has maintained links with Burma, extended by Ireland during its Presidency of the European Union; and if he will make a statement on the matter. [25236/04]

I propose to take Questions Nos. 175, 180 and 190 together.

The Government has pursued a strong and consistent line in support of democracy in Burma. Both Ireland, and our EU partners, remain strongly critical of the continued detention under house arrest of Daw Aung San Suu Kyi, the absence of political progress, serious and persistent human rights abuses and the lack of fundamental freedoms in Burma.

The issue of Burma is raised in all our bilateral political contacts with relevant third countries, particularly Burma's Asian neighbours. Most recently, the Taoiseach raised the issue of Burma both at the fifth ASEM summit, which took place from 7 to 9 October in Hanoi, and during his visits to Malaysia and Singapore which followed. He also reviewed the current situation with the UN Secretary General's special representative for Burma, Mr. Razali, during his visit to Kuala Lumpur on 11 October 2004. During our EU Presidency, the Government ensured that the issue of Burma was regularly discussed in consultations with third countries. This practice has been carried forward by the Netherlands Presidency, which has demonstrated a similar commitment to fostering democracy in Burma. Burma figured high on the agenda at the ASEM Foreign Ministers' meeting which my predecessor hosted in Kildare in April 2004 as well as at the preceding informal meeting of EU Foreign Ministers held at Tullamore.

There was considerable hope at that time that the Burmese regime was about to release Aung San Suu Kyi and allow her party to participate in the national convention. Indeed, the Burmese Foreign Minister at the time, since dismissed, announced publicly that Aung San Suu Kyi was about to be released. This optimism was reflected in the decision by EU Ministers in Tullamore to indicate that if Aung San Suu Kyi were released, the NLD invited to participate in the national convention and the convention permitted to operate free from harassment, the EU would be ready to re-examine its engagement with Burma.

Regrettably, the expected positive developments have not been forthcoming. Lack of support from our Asian partners meant that the EU was not able to prevent Burma's participation in the newly enlarged Asia-Europe meeting, ASEM, short of provoking the collapse of ASEM. Nevertheless, the EU used the recent ASEM summit to make clear its opposition to the actions of the Burmese regime. The Taoiseach, in his intervention, questioned why Aung San Suu Kyi has not been released, and why there has not been greater progress towards democracy in Burma. Immediately following the summit, on 10 October, the Union took the decision to reinforce sanctions against the Burmese regime.

The Government has also acted in regard to the establishment of diplomatic relations. The decision to establish diplomatic relations on a non-resident basis, which was announced on 13 February this year, was taken in the context of increased engagement leading to the anticipated progress to which I have referred. Given the lack of progress, in particular the refusal of the regime to release Aung San Suu Kyi from house arrest, the exchange of ambassadors has been put on hold. The Government has, in effect, pressed the pause button. I hope that the situation will move forward in the future and that it will be possible to resume progress on the exchange of ambassadors.

The Government's continuing goal, and that of the EU, remains the release and restoration of liberty to Daw Aung San Suu Kyi, the return of democracy to Burma, an end to human rights violations, and the realisation of peace and prosperity for the long suffering people of Burma.

Joe Costello

Question:

176 Mr. Costello asked the Minister for Foreign Affairs the details of contacts he has had with the International Committee of the Red Cross on the operation of the Geneva Convention with regard to the prisoners being held in Iraq, or who have been removed from Iraq; the number of prisoners and if they are being held in accordance with the principles of international law; if he proposes to raise these matters with the appropriate authorities; and if he will make a statement on the matter. [25288/04]

The International Committee of the Red Cross plays a crucial role in protecting the interests of prisoners held as a result of conflict. The Red Cross has access to the US detention facilities in Iraq where it is understood between 4,600 and 5,100 persons are being held. A further 50 persons are held by UK forces. In addition to highlighting shortcomings in detention facilities, the Red Cross has also acknowledged remedial actions taken by the US authorities. The Government has not received any representations from the ICRC in relation to the operation of the Geneva Conventions in Iraq, but officials of my Department remain in frequent contact with the Red Cross on a wide range of humanitarian issues, including that of prisoners in Iraq.

From the beginning of the conflict in Iraq, the Government has called on all parties to respect their obligations both in regard to the status of civilians and in regard to prisoners of war. The Government's position is in keeping with UN Security Council Resolution 1483 of 22 May 2003, which calls upon all concerned to comply fully with their obligations under international law including, in particular, the Geneva Conventions of 1949 and The Hague Regulations of 1907. The treatment of prisoners of war is specifically covered by the third Geneva Convention.

When evidence of mistreatment by multi-national forces of some prisoners in Iraq came to light earlier this year, the Government publicly and strongly condemned these abuses, and made our concerns known directly to the countries involved.

Travel Agreements.

Joan Burton

Question:

177 Ms Burton asked the Minister for Foreign Affairs the new arrangements that have been entered into between the European Union and Ireland on the exchange of information on passengers travelling to the United States or coming from the United States; and if he will make a statement on the matter. [25285/04]

I assume the Deputy is referring to the agreement between the European Union and the United States on passenger name records. The agreement applies to all member states. There are no separate bilateral arrangements between Ireland and the United States on the issue.

The agreement between the European Union and the United States on the processing and transfer of passenger name records data by air carriers to the United States Department of Homeland Security, Bureau of Customs and Border Protection, was signed in Washington DC on 28 May 2004 and entered into effect on the same day.

The agreement was negotiated on behalf of the European Union by the Commission, with the agreement of the member states. The agreement negotiated establishes the number and type of data which can be transferred; the length of time for which data can be retained, and the purposes for which data can be used — combating terrorism and international crime. It also provides that EU data protection authorities can represent EU citizens in seeking redress. The agreement is intended to be an interim measure until the EU has an agreed policy of its own on passenger name records.

The European Parliament subsequently decided to refer the agreement to the European Court of Justice seeking its annulment. It is the prerogative of the Parliament to refer such a matter to the European Court of Justice.

The effect of the present agreement is to facilitate air travel, while avoiding any clash of EU and US legislation and providing legal certainty for passengers and airline carriers. The agreement is designed to ensure adequate protection and the right to privacy in relation to data held. The agreement establishes more clearly the situation affecting air passengers than previously. It sets out what data can be transferred, the length of time it can be held and places limits upon the purposes for which it can be used. It also provides an avenue of redress for EU citizens in case of need. None of this had existed previously. In approving the agreement, the Council of Ministers of the European Union considered that it provided a fair balance between the need for security and privacy.

Emigrant Services.

Emmet Stagg

Question:

178 Mr. Stagg asked the Minister for Foreign Affairs the functions of the dedicated unit within his Department working to implement the recommendations of the task force on policy regarding Irish emigrants; the number of staff working in the unit; the work they are undertaking; the budget afforded the unit; and if he will make a statement on the matter. [25320/04]

My predecessor announced in London in July the establishment of a dedicated unit within the Department of Foreign Affairs to deal with issues concerning Irish people overseas. He announced at the same time he was making available a further €1 million for services for emigrants, bringing the total for this year to €5 million.

The issues of concern identified in the report of the task force on policy regarding emigrants can best be addressed by a collective effort involving governmental and non-governmental agencies. A core function of the dedicated unit, the Irish abroad unit, is to give a fresh impetus and focus to this collective effort. The unit is charged with co-ordinating the provision of assistance to our emigrants and to advance effective and coherent strategies in this important area of national policy.

At present, there are three officials assigned to the Irish abroad unit which is headed by a senior Irish diplomat. Since it became operational, members of the unit have had valuable meetings with a range of voluntary agencies which provide front-line support to our emigrants in both the United States and Britain, as well as more general contact with Irish communities abroad. They are also engaged in a round of contacts with the Departments and agencies throughout Ireland that have an involvement in emigrant services. The costs arising from the functioning of this unit are met from my Department's administrative budget.

I am convinced that the new dedicated unit, with its exclusive focus on emigrant affairs, will serve to ensure that our emigrants have an effective channel of communication to the Government, and that our response to their needs becomes quickly and progressively more focused and effective.

Question No. 179 answered with QuestionNo. 174.
Question No. 180 answered with QuestionNo. 175.
Question No. 181 answered with QuestionNo. 163.

Arms Trade.

Paul Connaughton

Question:

182 Mr. Connaughton asked the Minister for Foreign Affairs if the Government is to give support to a campaign of Oxfam and Amnesty International to control arms; and if he will make a statement on the matter. [25219/04]

I am aware of a process led by a number of non-governmental organisations, including Amnesty International and Oxfam, aimed at the development of an international arms trade treaty which is intended to be a legally binding agreement with core principles and mechanisms relating to international transfers of arms. A welcome aspect of the proposed treaty is that it has the objective of setting out states' existing international legal obligations in the area of international transfers of arms. In addition, once ratified, the draft framework treaty would enable the international community to move forward incrementally by means of subsequent more specific instruments. While work on the drafting of the text is still ongoing, it is a promising initiative and I commend the NGOs concerned for their efforts.

An official of my Department participated in a conference held last November at Cambridge University in England, the purpose of which was to examine the text of the draft treaty. I understand that the text of the proposed treaty is currently being re-examined from a legal perspective by those NGOs involved in the arms control campaign who met last February in Costa Rica and that as a consequence of those discussions revisions to the text are to be made.

An official from my Department also attended an international workshop on Enhancing the International Export Control of Small Arms and Light Weapons — the Case for an International Arms Trade Treaty, which took place in Helsinki last June. There was broad representation at the workshop both from governments and from NGOs. Ireland will continue to be associated with the process and will closely monitor developments.

Foreign Conflicts.

Phil Hogan

Question:

183 Mr. Hogan asked the Minister for Foreign Affairs the security and political situation in Afghanistan; and if he will make a statement on the matter. [25207/04]

Bernard J. Durkan

Question:

359 Mr. Durkan asked the Minister for Foreign Affairs if he will report on the situation in Afghanistan; and if he will make a statement on the matter. [25519/04]

I propose to take Questions Nos. 183 and 359 together.

The presidential election in Afghanistan, the first election to be held since the 1960s, took place on 9 October 2004. This election constitutes the penultimate step in the implementation of the Bonn agreement of December 2001, on arrangements for the re-establishment of permanent government institutions in Afghanistan. The holding of parliamentary elections, scheduled for April 2005, will complete this process. Counting of the votes will take place over the next few weeks, following which the result of the presidential election will be announced. A panel of independent election experts has also been established by the UN to investigate a number of reported irregularities in the election process and it is expected to complete its work shortly.

The fact that millions of Afghan nationals turned out to vote, many of them braving severe weather conditions and difficult terrain, was particularly encouraging, and bodes well for the future stability of Afghanistan. The election day passed without a major security incident, which is a tribute to both the Afghan police and armed forces, as well as to the international security forces in Afghanistan. Notwithstanding this, however, the security situation in Afghanistan remains a source of concern. This concern is fuelled by the recent deplorable murders of foreign nationals involved in humanitarian and reconstruction work, a number of attacks on personnel involved in preparations for elections, as well as on some of the candidates, and continued factional fighting in the north west of the country. It is important that the international community remains focused on how best to support Afghanistan in the period ahead.

The decision of the UN Security Council on 17 September 2004 to extend the mandate of the NATO-led international security assistance force in Afghanistan, ISAF, for a further 12 month period beyond 13 October 2004 is an important development in this regard. The agreement by NATO, at its summit in Istanbul in June 2004, to provide an additional 3,500 NATO troops to supplement ISAF, together with the deployment of a number of new provincial reconstruction teams, PRTs, in recent months, are also positive developments.

In order to ensure a secure environment in Afghanistan, it is important that all irregular forces are disarmed and demobilised, or integrated into the national army. I welcome the steps already taken towards this end, but much more needs to be done so that the future Afghan government has unified armed forces at its disposal. To this end, I strongly urge all concerned to make a full commitment to the vigorous implementation and intensification of the disarmament, demobilisation and reintegration process.

As for supporting Afghanistan's overall reconstruction, the EU committed some €2.3 billion at the 2002 Tokyo conference to cover the five year period 2002-06. At the Berlin conference in spring 2004, the EU updated its reconstruction pledge committing $2.2 billion for the period 2004-06. In 2003, the European Commission delivered over €300 million in assistance to Afghanistan. For 2004, commitments have already been made for a total of €136.5 million. Since January 2002, Ireland has committed €17 million to reconstruction and recovery programmes in Afghanistan. This funding is being channelled through the Afghanistan reconstruction trust fund, ARTF, UN agencies, international organisations and trusted NGO partners. Ireland also provided €800,000 to support the conduct of the presidential election, through the United Nations Development Programme, UNDP. Ireland's contribution to Afghanistan remains one of the highest, on a per capita basis, of any EU member state.

The House will be aware of the grave problems that flow from the resurgence of poppy cultivation in Afghanistan. Ireland, together with our EU partners, fully supports the Afghan transitional authority's uncompromising stance on the illicit cultivation of and trafficking in drugs. Afghanistan will continue to face many serious challenges in the period ahead and will therefore continue to need extensive support from the international community. Ireland and our partners in the European Union are determined to play our part in this process.

Billy Timmins

Question:

184 Mr. Timmins asked the Minister for Foreign Affairs if he will provide an up-to-date account of the political situation in East Timor; and if he will make a statement on the matter. [25237/04]

The government and people of Timor Leste have continued to make good progress in building up their country, with continuing support from the international community, including from Ireland and the EU as a whole. The development of their economy and the consolidation of their democratic institutions is ongoing.

On 23 August 2004 the United Nations Secretary General provided a report on Timor Leste to the Security Council. The Secretary General observed that remarkable achievements had been registered by the new state, most notably the fact that Timor Leste has been peaceful and largely stable since taking over responsibility for security from the UN mission there. The registration of voters for the forthcoming local elections has also been encouraging. Previous reports of the UN Secretary General also commented on advances in the areas of governance, enactment of legislation, rehabilitation of infrastructure, responsible development planning and budgetary discipline, the country's regional integration, and, most importantly, the commitment to democratic norms and personal freedoms.

On 21 May 2002, the United Nations Security Council established a UN mission of support in East Timor, UNMISET. In Resolution 1543 of 14 May 2004, the Security Council backed the recommendations of the Secretary General to extend UNMISET for a consolidation phase, in the expectation that its mandate would be completed by 2005. On 19 May 2004, UNMISET handed over all official responsibility for policing and external security to the government of Timor Leste.

Resolution 1543 highlights the need to ensure against impunity for those who have committed criminal acts. It stresses, in particular, the need for the serious crimes unit, set up under UNMISET, to investigate serious crimes committed in the period leading up to Timor Leste's independence, to complete all investigations by November 2004 and to conclude trials and other activities no later than 20 May 2005. The resolution calls for continued and co-ordinated UN and donor support to Timor Leste. Also, it calls on the UN Secretary General to report to the Security Council every three months on the situation in Timor Leste.

Despite continued progress, and the achievements of the past three years, Timor Leste continues to face a number of major challenges. These include the building up of support for core administrative capacities, strengthening the justice system and creating a favourable climate for sustainable social and economic development. Timor Leste remains one of the poorest nations in the world, and there remains a critical need for the continued support of the international community.

Good progress has been made on negotiating the maritime boundary between Timor Leste and Australia. Negotiations on this issue are expected to be completed by the end of 2004. There has also been progress in the demarcation of the land boundary with Indonesia.

Ireland has demonstrated its continuing commitment to the political and socio-economic development of Timor Leste through according it programme country status for development co-operation purposes in March 2003. The country strategy paper for Timor Leste sets out the strategy for Ireland's official programme of development assistance to Timor Leste for 2004-06, to which the Government has allocated funding of more than €11 million over the period. The focus of the programme, which has a 2004 budget of €3.7 million, is on capacity building for the public sector and support for Timor Leste's national development plan for reducing poverty through the delivery of essential services and the strengthening of governance and human rights. Ireland will continue to play its part in the provision of ongoing international support for Timor Leste, and will continue to follow developments there very closely.

Foreign Travel.

Tom Hayes

Question:

185 Mr. Hayes asked the Minister for Foreign Affairs the level of contact between the Government and the authorities in Saudi Arabia regarding the murder of an Irish national (details supplied); the advice being given by his Department to Irish nationals living in Saudi Arabia or intending to travel there; and if he will make a statement on the matter. [25233/04]

It was with great regret that my Department learned that an Irish national was tragically killed in Saudi Arabia in August 2004. I am sure I speak for all Members of the House in extending our deepest sympathy to the family. Following his death, our embassy in Riyadh extended all possible consular assistance to his family and the embassy has had numerous contacts with the Saudi Arabian authorities in relation to the case. We have emphasised to them the importance of protecting the lives of expatriates in Saudi Arabia and have called for the killers of this person to be brought to justice.

In light of the continuing threat from terrorism, my Department has been advising Irish citizens for some time to avoid non-essential travel to Saudi Arabia. We are also advising citizens to maintain the highest levels of personal security and to limit travel within Saudi Arabia to essential journeys only. This advice is available on my Department's website www.dfa.ie.

In addition, our embassy in Riyadh has established a system of wardens to maintain contact with the Irish community. Through these wardens, the embassy provides regular bulletins to the community on the security situation in Saudi Arabia and updated advice on the most appropriate protection measures. There is also close co-operation and exchange of information between EU embassies in Riyadh in relation to security threats in Saudi Arabia.

My Department, through the Irish embassy in Riyadh, will remain in contact with the Saudi Arabian authorities in relation to the security of Irish citizens generally in Saudi Arabia and will continue to monitor the investigation of this case.

Foreign Conflicts.

Joe Costello

Question:

186 Mr. Costello asked the Minister for Foreign Affairs the Government’s views on the statement by the UN Secretary General, Mr. Kofi Annan, that the war in Iraq was illegal; if the consequences of such for its provision of facilities at Shannon for military aircraft participating in an illegal war had been considered; and if he will make a statement on the matter. [25287/04]

Secretary General Annan's statement was an important contribution to the debate on whether there was an adequate legal base to authorise the coalition invasion of Iraq. The Taoiseach, in his statement to the Dáil on 20 March 2003, acknowledged that there was no clear legal consensus on whether there was a mandate for the use of force against Iraq. He acknowledged that the arguments put forward by the coalition asserting the existence of a mandate were supported by a number of countries which were not participating in the military action. However, he made clear that Ireland could not participate in the military campaign without an explicit, further Security Council mandate.

The Government's decision to continue to make landing and overflight facilities available to the United States was made on the basis that provision of such facilities was a long-standing practice which had been ongoing for over 50 years, a period which saw various conflicts involving the US, some of which did not have UN sanction. The Government also noted that the US is a country to which we are closely bound by personal, historical and economic ties. At the end of the debate in question the Dáil voted to approve the Government's position on the matter.

US forces currently serving in Iraq are part of the multi-national force operating at the request of the interim Iraqi government. The presence of the multi-national force in Iraq was authorised by the UN Security Council in resolution 1511 of 16 October 2003. This authorisation has been reaffirmed in resolution 1546 of 8 June 2004. The legality of the presence of US forces in Iraq is, therefore, not in question.

Arms Trade.

Ciarán Cuffe

Question:

187 Mr. Cuffe asked the Minister for Foreign Affairs his plans to address the inherent weaknesses in the EU code of conduct on arms exports; and the way in which Ireland will support the review and reform of the code to make it effective. [25361/04]

A exports of arms from EU countries must conform to the EU code of conduct on arms exports, which establishes criteria to control such exports. Ireland was actively involved in the establishment of this politically binding code, which was adopted by the EU General Affairs Council in June 1998. The code lists the factors to be taken into account when deciding whether to allow an export of military goods, including respect for human rights, the internal situation in the country of final destination and the preservation of regional peace, security and stability.

The review of the code of conduct on arms exports was initiated during Ireland's Presidency of the EU and is taking account of developments since the code entered into force in 1998. In this respect, proposals to strengthen and update the code are currently under consideration, including a proposal to reinforce the status of the code by transforming it into an EU common position, which would be legally binding. Ireland is in favour of such a move. We believe the first review of the code of conduct is a very necessary and important undertaking for the EU and we have been supportive of a number of proposals under discussion to strengthen the code.

We have also had several contacts with civil society on this issue. Representatives from several EU member states, including Ireland, met a number of non-governmental organisations last May to discuss and to exchange views on the ongoing review of the code. Ireland also subsequently circulated to all our EU partners, for their consideration, written suggestions made by NGOs for possible improvements to the code.

The Netherlands has made the review of the code of conduct one of its priorities for its Presidency of the EU and, in association with NGO representatives, hosted an international conference in The Hague at the end of last month to further consider the matter. An official from my Department attended this meeting and I understand that there was a very productive discussion concerning those areas of the code which would merit revision.

The examination of the code of conduct by officials from the member states is continuing in the COARM working group which had its most recent meeting in Brussels last Friday. Ireland will continue to participate actively in discussions on this matter at working group level within the EU and will seek an early agreement on the strengthening of the code.

Emigrant Services.

Michael Ring

Question:

188 Mr. Ring asked the Minister for Foreign Affairs if the issue of Irish citizens living illegally in America was raised with President Bush during his recent visit; [20501/04]

Jimmy Deenihan

Question:

213 Mr. Deenihan asked the Minister for Foreign Affairs if he will report on recent contact he has had with the US State Department regarding immigration reform, especially in relation to the approximately 50,000 undocumented Irish in the US; and if he will make a statement on the matter. [24981/04]

Jimmy Deenihan

Question:

227 Mr. Deenihan asked the Minister for Foreign Affairs if the issue of the 50,000 or so undocumented Irish immigrants in the US was raised with President Bush during his recent visit; and if he will make a statement on the matter. [20189/04]

I propose to take Questions Nos. 188, 213 and 227 together.

The Government's concern regarding the situation of the undocumented Irish in the United States is raised regularly in our bilateral contacts with the US authorities, including when the Taoiseach and my predecessor met President Bush at the EU-US summit in Dromoland in June 2004. In this regard, we welcome the various proposals in this area which have been made by President Bush and by certain members of Congress. These initiatives reflect a recognition of the importance of addressing the situation of the undocumented in the US in a constructive and sympathetic way. These proposals will, of course, have to be considered by the US Congress and, realistically, there is very unlikely to be any movement until after the presidential inauguration in the new year.

In addition to the political level discussions, our embassy in Washington DC regularly raises this issue with the US authorities, in particular with the Department of Homeland Security which has responsibility for immigration services. The embassy and our network of consulates also work closely with voluntary Irish organisations in the US which provide assistance and support to vulnerable Irish people. These organisations receive significant financial support from the Government and I would again like to pay a warm tribute to their valuable work. We will continue actively to seek support for measures that would help alleviate the situation of undocumented Irish people in the United States.

European Neighbourhood Policy.

Aengus Ó Snodaigh

Question:

189 Aengus Ó Snodaigh asked the Minister for Foreign Affairs the Government’s position concerning the proposal that the EU strengthen its ties with Israel under the recently adopted European neighbourhood policy. [25316/04]

The European neighbourhood policy is designed to strengthen relations between the European Union and those neighbouring countries that do not currently have the prospect of EU membership. In return for concrete progress and the effective implementation of political, economic and institutional reforms reflecting shared values, the initiative offers these countries the prospect of closer economic integration with the EU. Under the policy, it is hoped that action plans with Jordan, Morocco, Tunisia, the Palestinian Authority, Israel, Ukraine and Moldova will be ready for adoption by the General Affairs and External Relations Council in November. All action plans with the exception of that for Israel are well advanced. In the case of Israel negotiations are continuing.

We believe that strengthening co-operation in all areas, including the political and economic areas, will be both in our own interests and in the interests of the new neighbours themselves. It is our belief that the political dialogue in these action plans will be of central importance to meeting the EU's concerns about developments in the region. These action plans will, of course, be prepared through consultation and agreement with the parties, and the finalisation of any plan will depend on the acceptance by both parties of the need to engage constructively on political issues of concern.

Question No. 190 answered with QuestionNo. 175.

Millennium Development Goals.

Thomas P. Broughan

Question:

191 Mr. Broughan asked the Minister for Foreign Affairs the position on the achievement of the world millennium goals; and if he will make a statement on the matter. [25283/04]

The declaration which was adopted at the UN millennium summit in 2000 included eight millennium development goals, MDGs. The goals set specific time-bound measurable targets to be achieved by 2015 in areas such as the reduction in the number of people living in extreme poverty, universal primary education, maternal and child mortality and HIV-AIDS.

The Secretary General will conduct the first major review of progress in the implementation of the MDGs in 2005. Already it is evident that greater effort will be required on the part of the international community if the MDGs are to be achieved by the target date. In a recent report, the UN Secretary General Kofi Annan stated:

Despite greater endorsement of the Millennium Development Goals and some encouraging regional and subregional trends, as a whole the world is not optimizing its performance. Some regions and countries are making little progress towards any of the Goals. Many sub-Saharan African countries will need special support to accelerate progress sufficiently to catch up.

From the outset, Ireland has been fully committed to the achievement of all of the MDGs. We have adopted achievement of the MDGs as the overarching framework for our development co-operation. Our overseas aid programme is already focused on those sectors that are most critical to the success of the MDGs such as education, health, HIV-AIDS, water and sanitation. Gender and environmental sustainability are also highlighted as important cross-cutting issues throughout the programme.

As the world's largest aid donor, the EU has a major role to play in the achievement of the MDGs. During our recent Presidency of the EU, we were a strong advocate of early action to ensure a strong and visible EU contribution to next year's major review. Our EU partners agreed to our suggestion for a stock-taking exercise to be co-ordinated by the Commission with a view to providing a consolidated EU contribution to next year's review.

All member states, including Ireland, are currently engaged in carrying out that exercise. My Department is co-ordinating Ireland's submission which is to be completed shortly. This submission will focus, in particular, on MDG eight which provides for a global partnership for development and embraces such issues as increased ODA, greater policy coherence for development, trade and debt. In his address to the National Forum on Europe, the Minister for Foreign Affairs, Deputy Dermot Ahern, reasserted Ireland's commitment to meeting the UN's 0.7% of GNP overseas development aid target.

I sincerely hope that national and international preparations for next year's major progress review of the millennium development goals will make the international community face up to the fact that, while there has been some progress, much more needs to be done to achieve the MDGs by 2015.

Foreign Conflicts.

Seymour Crawford

Question:

192 Mr. Crawford asked the Minister for Foreign Affairs if he will provide an up-to-date account of the security situation in Iraq; and if he will make a statement on the matter. [25208/04]

The security situation in Iraq continues to be a matter of serious concern both to Ireland and to the international community at large. Violent incidents continue to increase and I am concerned that the situation may continue to worsen in the run up to the Iraqi elections scheduled for January. In addition to the brutal murder of Mr. Ken Bigley, and persons of many other nationalities, it is the Iraqi people who are suffering most from the continued instability both directly and through the frustration of reconstruction work.

The interim Iraqi government is pursuing a three track strategy to try to end the violence. First, to encourage disaffected groups in the community to enter the political process. Second, to push forward reconstruction efforts so as to relieve the hardships affecting the Iraqi population, especially the poorer elements. Third, to advance as quickly as possible the recruitment and training of Iraqi security forces, not just to contribute to security efforts but also to advance the transfer of responsibility for security from the multi-national force to Iraq's own forces.

The challenge facing the Iraqi government in these areas is great but I believe it is following the correct approach to meet it. It is clear that the elections scheduled for January will be a crucial stage in giving the Iraqi government the authority it needs to restore stability throughout the country.

Ireland and the European Union will continue to give every support we can to the Iraqi government in these efforts, especially in the areas of reconstruction and preparation for the elections. We will also continue to support the involvement of the United Nations in these efforts, which I believe to be crucial to their success.

Military Neutrality.

John Gormley

Question:

193 Mr. Gormley asked the Minister for Foreign Affairs his views on the solidarity and mutual defence clauses in the proposed EU constitution; their impact on Ireland’s neutrality; and if he will make a statement on the matter. [25357/04]

The solidarity clause and so-called mutual defence clause are separate issues in the European constitution. As regards the solidarity clause, Article I-43, it is for each member state to determine how to respond to a request from another member state in case of terrorist attack or natural or man-made disaster. No member state is bound to take any particular course of action. The European constitution also contains a declaration on the solidarity clause, which clearly states that none of the provisions of the solidarity clause are intended to affect the right of another member state to choose the most appropriate means to comply with its own solidarity obligation towards another member state. Any decisions having military implications under the solidarity clause would be taken by unanimity. The Government has welcomed and supported this provision which is fully consistent with our traditional policy of military neutrality.

In regard to the so-called mutual defence clause, Article I-41.7 of the treaty, the constitution states that if a member state is a victim of armed aggression on its territory, the other member states will have an obligation of aid and assistance by all the means in their power, in accordance with Article 51 of the UN Charter. Importantly for Ireland, the article goes on to make clear that this obligation shall not prejudice the specific character of the security and defence policy of certain member states. As the Taoiseach and my predecessor have consistently made clear, in the event of another member state coming under attack, we would continue, as we do now, to determine our own response, consistent with our own constitutional and legal arrangements. Ireland is not bound by any mutual defence commitment and the entry into force of the European constitution will not change this. Our traditional policy of military neutrality is not altered or compromised by this article in the constitutional treaty.

Question No. 194 answered with QuestionNo. 166.

Official Engagements.

Bernard J. Durkan

Question:

195 Mr. Durkan asked the Minister for Foreign Affairs the extent to which he has had discussions with his colleagues on the issue of European development in the social, political and economic sense; his views on further enlargement of the Union; and if he will make a statement on the matter. [25277/04]

Michael Noonan

Question:

225 Mr. Noonan asked the Minister for Foreign Affairs if he has held discussions with his European Union counterparts on any matter since his appointment; and if he will make a statement on the matter. [25224/04]

John Gormley

Question:

352 Mr. Gormley asked the Minister for Foreign Affairs if he will report on the October 2004 meeting of EU Foreign Ministers in Luxembourg; and if he will make a statement on the matter. [25366/04]

Bernard J. Durkan

Question:

361 Mr. Durkan asked the Minister for Foreign Affairs the extent to which he intends to influence discussions on the possible admission of further countries to the European Union; and if he will make a statement on the matter. [25523/04]

I propose to take Questions Nos. 195, 225, 352 and 361 together.

Since my recent appointment as Minister for Foreign Affairs, I had the opportunity to meet my EU ministerial colleagues at the meeting of the General Affairs and External Relations Council which took place in Luxembourg on 11 October. I look forward to many future opportunities for discussions with my colleagues both bilaterally and in the Council on the range of issues on the EU agenda. I also received a telephone call from the British Foreign Secretary in which we discussed amendments which have recently been proposed to the working time directive.

In the General Affairs part of the recent Council meeting, we discussed the Presidency's draft annotated agenda for the European Council of 4 and 5 November — terrorism, enlargement and the financial framework for 2007 to 2013. One of the items on the annotated agenda for the November European Council, which is due to be discussed in more detail at the next meeting of the General Affairs and External Relations Council on 2 November, is the Lisbon Agenda which embraces many economic and social aspects of the development of the EU.

Under the external relations agenda, the Council addressed a wide range of issues and adopted conclusions in relation to Libya, the Middle East, Sudan, the Great Lakes, the western Balkans, Indonesia, Ukraine, and both the EU-China and EU-Iran human rights dialogues.

Before attending the Council, I was very happy to meet the Oireachtas Joint Committee on European Affairs for a detailed exchange of views on the agenda items and my Department subsequently sent to the committee a copy of the Council's conclusions. These are also available on the following Internet address: www.consilium.eu.int.

The question of the future enlargement of the Union is one which will feature prominently on the EU's agenda for the foreseeable future. The Government has participated actively and positively in negotiations on the enlargement process, notably during our Presidency in the first half of the year, and will continue to do so.

On 6 October, the European Commission published its regular reports on progress towards accession of Bulgaria, Romania and Turkey, as well as an overall strategy paper on progress in the enlargement process which includes recommendations on Bulgaria, Romania, Croatia and Turkey. As part of its regular report on Turkey, the Commission also published a paper which looks at the issues raised by that country's possible membership of the EU.

The European Union's objective, as stated in the European Council conclusions of 17 to 18 June 2004, is that both Romania and Bulgaria should conclude negotiations in 2004, sign the accession treaty in 2005 and accede in January 2007, if they are ready. The Commission makes clear in its reports of 6 October that both countries have made good progress this year in their preparations for EU accession. Negotiations will be concluded on the same basis and principles applied to the ten new member states which acceded on 1 May 2004.

The Helsinki European Council in December 1999 decided that Turkey is a candidate country destined to join the European Union on the basis of the same criteria applied to other candidate states. The December 2004 European Council will decide, on the basis of the report and recommendation published by the Commission on 6 October, whether Turkey has fulfilled the Copenhagen political criteria. If that decision is positive, the EU is committed to opening accession negotiations with Turkey without delay.

The Feira European Council in June 2000 agreed that the countries of the western Balkans are potential candidates for EU membership. The EU-western Balkans summit in Thessaloniki in June 2003 confirmed that the shared objective of the EU and the countries of the region is their eventual integration into EU structures. It is agreed that the countries of the western Balkans will make progress individually, based on progress in negotiating and implementing stabilisation and association agreements with the EU, which involve wide ranging institutional reforms, and on the development of increased regional co-operation.

Croatia formally applied for membership of the EU in February 2003. The European Council in June 2004 decided that Croatia is a candidate country and that accession negotiations will begin in early 2005. The Commission, in its strategy paper issued on 6 October, sets out suggested principles for the negotiating framework for Croatia which must be finalised before negotiations can begin.

The former Yugoslav Republic of Macedonia submitted its application for membership in a ceremony in Dublin on 22 March this year. The Council on 17 May requested the Commission to prepare its opinion on the application for submission to the Council. This process is expected to take about one year to complete.

EU Constitution.

Bernard Allen

Question:

196 Mr. Allen asked the Minister for Foreign Affairs his views on the referendum to be held to ratify the constitutional treaty for the European Union; when this referendum will be held; and if he will make a statement on the matter. [25211/04]

Following signature of the treaty establishing a constitution for Europe, which is to take place in Rome on 29 October, it will then be for all member states of the European Union to ratify the European constitution in accordance with their own constitutional requirements. The European constitution sets a target date of 1 November 2006 for the completion of this process and for its entry into force. The Taoiseach has made clear, most recently in this House on 6 October, that there will be a referendum in Ireland. The Government will give detailed thought to the timing in due course.

The Government will do all it can to foster the fullest possible national debate on the European constitution, building on the excellent work done by the National Forum on Europe and the Oireachtas Joint Committee on European Affairs during the European convention and the subsequent intergovernmental conference. As an initial contribution, my Department will next week be publishing an explanatory guide to the European constitution, together with a short pamphlet for wider distribution. I am also conscious of the important role political parties, the social partners and other concerned groups and individuals have in stimulating debate.

I am confident that the public will recognise that the European constitution is an important and positive step forward in the development of the European Union. It is a balanced document, clarifying how the Union operates and equipping it to face new challenges, without substantially changing its basic character or its relationship with its member states.

State Airports.

Ruairí Quinn

Question:

197 Mr. Quinn asked the Minister for Foreign Affairs his views on a recent article which suggests that an aircraft (details supplied) involved in abduction of persons from such countries as Sweden and their transportation to Guantanamo Bay landed in Shannon and used facilities here; if such information was supplied to the Government on this aircraft; the steps the Government has taken; his views on whether providing facilities for such activity is a breach of international law; and if he will make a statement on the matter. [25282/04]

The Government has no information to indicate that prisoners are being transported through Irish airports to and from Guantanamo or elsewhere. Furthermore, the US authorities have confirmed to our embassy in Washington that they have not been using Irish airports for this purpose and that they would not seek to use Irish airports for this purpose in the future without seeking the authorisation of the Irish authorities.

The aircraft cited in the report mentioned by the Deputy is a civilian registered aircraft. The regulation of the activities of civilian aircraft is primarily a matter for the Minister for Transport who has made inquiries into the matter and outlined his findings to this House in a written reply to Parliamentary Question No. 218 on 7 October 2004.

I am aware of various press reports claiming that the aircraft was used in December 2001 by US authorities for the transportation of al-Qaeda suspects from Sweden to Egypt. I understand, however, that the articles do not allege that any stops were made in Shannon on that particular occasion or offer any proof that prisoners have been transmitted through Shannon by the US authorities.

Question No. 198 answered with QuestionNo. 166.

Human Rights Issues.

David Stanton

Question:

199 Mr. Stanton asked the Minister for Foreign Affairs the way in which Ireland is promoting human rights internationally; the areas of greatest concern; and if he will make a statement on the matter. [25314/04]

The protection and promotion of human rights is, and has always been, a priority of successive Governments and central to our foreign policy. Support for civil society, human rights and democratisation is an important element of Ireland's international development co-operation programmes.

Together with our EU partners, the Government monitors the human rights situations in many countries, on the basis of information obtained from a variety of sources including non-governmental organisations. Where the situation warrants, we make known our concerns about human rights violations to the governments in question, either directly or through action at the UN General Assembly and the UN Commission on Human Rights. At these bodies, the EU regularly makes statements on the human rights situation in various countries. Ireland is fully associated with these statements. The EU also introduces or supports resolutions dealing with specific countries.

Human rights were a central part of Ireland's recent EU Presidency. One of the most significant achievements of the Presidency was the adoption by Ministers in mid-June, and approval by the European Council, of EU guidelines on support for human rights defenders.

At the 60th session of the UN Commission on Human Rights, which was held in Geneva earlier this year, Ireland in its capacity as EU Presidency successfully presented a significant number of country specific initiatives, including resolutions on the human rights situations in Burma-Myanmar, North Korea, and on the question of Israeli settlements in the Occupied Territories. Ireland also, on behalf of the EU, proposed initiatives on Turkmenistan and Belarus jointly with the United States. In addition, the EU initiated chair's statements on Colombia and Timor Leste, and was active on the Democratic Republic of Congo, the Russian Federation — Chechnya, Sudan and Zimbabwe.

At the current session of the United Nations General Assembly in New York, Ireland will join in EU initiatives on the human rights situations in a number of countries, including Burma-Myanmar, Turkmenistan, Sudan, and the Democratic Republic of Congo, as well as on the subject of religious intolerance.

Active participation in multilateral organisations such as the EU, UN and the Council of Europe provides an occasion where Ireland can voice its concerns regarding human rights abuses. Through these organisations, international pressure can be brought to bear on those responsible for violation of human rights.

The EU has also adopted common positions on certain countries, an integral part of which attaches priority to promoting human rights, democracy, good governance and the rule of law. In addition, the EU conducts human rights dialogues with a number of countries. The progress of these dialogues is the subject of regular review and evaluation — the dialogues with China and Iran were the subject of Council conclusions at the most recent meeting of the General Affairs and External Relations Council on Monday, 11 October. The Government will continue to use these mechanisms as a means of highlighting violations of human rights and furthering their protection.

Foreign Conflicts.

Pádraic McCormack

Question:

200 Mr. McCormack asked the Minister for Foreign Affairs if he will advise on the political situation in Uganda and the Congo; and if he will make a statement on the matter. [25220/04]

Bernard J. Durkan

Question:

357 Mr. Durkan asked the Minister for Foreign Affairs if he will report on the situation in the Congo; and if he will make a statement on the matter. [25517/04]

I propose to take Questions Nos. 200 and 357 together.

Uganda's track record in poverty reduction and economic management over the past 18 years stands up favourably to comparison with much of Africa. The country has seen the development of key institutions of governance and earned a good reputation in some areas such as press freedom. The announced intention to move to a multi-party system offers the possibility of greater democratic change in future. However, there are concerns about some current trends in governance. On the economic front, macroeconomic stability is being maintained, although recent trends have indicated a fall in the levels of growth and some inequities in the distribution of its benefits.

Continuing insecurity in the northern region of Uganda has caused widespread disruption and loss of life. The 17 year old civil conflict, caused by the brutal campaign of the Lord's Resistance Army, LRA, involving atrocities against the civilian population and large-scale abduction of children, intensified in 2003, resulting in a humanitarian crisis with approximately 1.5 million people displaced. The ongoing tragedy represents a major challenge to the Ugandan government, but there are recent indications that the conflict may be entering its final phase. While the Government is pursuing a military campaign against the LRA, it has also indicated willingness to seek a negotiated settlement and has introduced a successful amnesty process. The humanitarian situation remains fragile.

In mid-September 2004, members of the donor community in Kampala, led by the Irish embassy, visited northern Uganda to send a message of solidarity to the people on behalf of the international community and to stress the international community's support for the amnesty process and for dialogue and reconciliation as a way to bring finality to the conflict. The Chairman and Vice Chairman of the Joint Oireachtas Committee on Foreign Affairs also visited northern Uganda in late September 2004.

On the domestic political front, Uganda has commenced a process of transition from its current no party but one movement democratic system to a multi-party system. On 22 September 2004, a White Paper was published on proposals for constitutional change which endorsed the move to multi-party democracy and the necessary changes in legislation required to enable political parties to operate. A referendum will be required to change the constitution and this is expected to take place during 2005. It is hoped that this process will culminate in multi-party presidential and parliamentary elections in 2006. While the move to multi-party democracy is welcome, proposals emerging from some quarters for a change in the Ugandan constitution which would facilitate a third term by President Museveni are viewed with concern by donors.

The position of donors, including Ireland, is to continue close engagement with the Ugandan authorities with a view to ensuring that the process of constitutional change and the subsequent elections are transparent and free. It will also be important to ensure that the political space is opened up in sufficient time for an opposition to organise and contest the elections in 2006.

Respect for human rights is enshrined in the Ugandan constitution and Uganda has good policies and strong institutions in support of human rights, in particular an active and respected human rights commission. It also has a free press which plays a constructive role in highlighting abuses. An important step to promote press freedom was a ruling by the supreme court in February 2004 that journalists could no longer be charged with publication of false news. At the same time, donors are concerned about incidents of torture and illegal detention by security forces in 2003 and have kept the Government under pressure in this respect. In July 2004 the security agencies agreed to work together with the Uganda human rights commission and the director of public prosecutions to fight torture. This is a positive development, although concrete results will have to be awaited.

In response to donor pressure, Uganda established the Porter judicial commission of inquiry into allegations of illegal exploitation of natural resources and other forms of wealth in the DRC. The Government has underlined its commitment to following up on the commission's findings and bringing to account those implicated in such activities. While there is still unresolved business, action has been taken against key people whom the commission found to be involved, including the army chief of staff, General Kazini, who was dismissed from his post, and the president's brother, Salim Saleh, who was removed from parliament. In mid-September 2004, a number of donors, including Ireland, met President Museveni to stress the need for the government to reconfirm its political will to fight corruption and act accordingly.

In the Democratic Republic of the Congo, DRC, the peace process remains largely on track, although recent events, particularly the assault and capture of the town of Bukavu in eastern DRC by rebel forces last June, have underlined the fragility of the transition process established under the Sun City peace accords of 2002. There is a clear need for accelerated progress in implementing the transition if the target of elections in 2005 is to be met and lasting peace and security are to be achieved in the country and, indeed, in the wider Great Lakes region.

Some recent positive developments have occurred, including agreement on establishment of a border joint verification mechanism between the DRC and Rwanda, which will deploy permanent joint verification teams to two border towns; a second agreement concluded en marge of the UNGA ministerial week under US auspices between the DRC, Rwanda and Uganda and providing for establishment of a tripartite mechanism between the three countries; and final settlement of a long running disagreement over the core membership of the international conference on the Great Lakes which is currently scheduled to take place in Dar-es-Salaam, Tanzania, at the end of November.

UN Secretary General Annan presented proposals for a substantial reinforcement of the MONUC mission in the DRC to the UN Security Council in August. The proposals provide for an effective doubling of MONUC's strength from just under 12,000 at present to over 24,000 personnel and also adjustments to MONUC's mandate to allow it to focus more on essential tasks such as support to the transition process and improving the security situation in eastern DRC.

The UN Security Council adopted resolution 1565 on 1 October 2004 which extends MONUC's mandate until 31 March 2005 and provides for an increase of 5,900 in MONUC's strength, with the additional resources being used to provide an extra battalion in the troubled Kivus region and also a rapid reaction capability. The EU has made clear its willingness to assist the UN in reinforcement of MONUC.

Support for the peace process in the DRC was a major priority of the Irish Presidency and the EU is actively contributing to strengthening the transitional institutions and helping them to extend their authority throughout the territory of the DRC. Apart from financial support for the process of disarmament, demobilisation and reintegration, the EU is also providing support, in a two phase project, towards the establishment of an integrated police unit in Kinshasa, with the emphasis in the initial phase on training and rehabilitation of the training infrastructure. Ireland has contributed €75,000 towards the costs of establishment of this unit.

Recent events in the DRC have also underlined the importance of the regional dimension to building peace in the DRC and the Great Lakes region. The European Union fully supports, and has been actively engaged, through the EU special representative for the Great Lakes region, in the preparations for the proposed international conference on the Great Lakes region which is currently scheduled to begin in November 2004. The conference will focus on peace, security, democracy and development in the Great Lakes region and will be held under the auspices of the African Union and the UN. Ireland has provided €200,000 in support of this conference.

Conference on Poverty.

Eamon Ryan

Question:

201 Mr. Eamon Ryan asked the Minister for Foreign Affairs if he will report on his predecessor’s attendance at the UN conference on poverty in September 2004; and if he will make a statement on the matter. [25353/04]

Pat Rabbitte

Question:

215 Mr. Rabbitte asked the Minister for Foreign Affairs if the Government was represented at the recent United Nations special conference on poverty; the details of commitments made by Ireland; the timescale for their achievement; and if he will make a statement on the matter. [25327/04]

I propose to take Questions Nos. 201 and 215 together.

The event to which the Deputies refer was the high level meeting of world leaders for action against hunger and poverty organised at the initiative of President Luiz Inácio Lula da Silva of Brazil. Ireland was represented at the meeting by the former Minister for Foreign Affairs, Deputy Cowen.

The meeting took place at UN headquarters in New York on 20 September 2004. Its purpose was to discuss the findings of a technical group set up by President Lula to explore innovative sources of development financing. The outcome of the meeting was a political declaration aimed at advancing consideration of the issues raised in the report of the technical group and galvanising political support for the implementation of viable financing mechanisms. The issues addressed in the report included mandatory mechanisms such as taxation of financial transactions and the arms trade, the UK proposal for the international financial facility and special drawing rights under the IMF for financing for development. The document represented an attempt to reach consensus on possible avenues for achieving the millennium development goals by 2015.

No specific commitments were sought other than support for the political declaration. The EU Presidency delivered a statement on behalf of the 25 member states, in which the collective support of the EU was recorded.

Common Foreign and Security Policy.

Michael Ring

Question:

202 Mr. Ring asked the Minister for Foreign Affairs if he has held discussions with the Department of Defence with regard to European proposals in the area of common security and defence; and if he will make a statement on the matter. [25228/04]

I very much look forward to discussing various issues of concern to both our Departments with the Minister of Defence, including issues relating to European security and defence policy. I am very conscious of the importance of close co-operation and co-ordination between the Minister for Foreign Affairs and the Minister for Defence. Officials from my Department and from the Department of Defence are in ongoing contact on a wide range of issues, including in the area of ESDP.

Question No. 203 answered with QuestionNo. 165.

Foreign Conflicts.

John Perry

Question:

204 Mr. Perry asked the Minister for Foreign Affairs the political situation in Venezuela; and if he will make a statement on the matter. [25232/04]

The political situation in Venezuela in recent months has been focused on the outcome of the presidential recall referendum held on 15 August 2004. President Hugo Chavez won this referendum with 59% of the vote and the result has been endorsed by the main international observers, the Organisation of American States and the Carter Center, whose observer mission was headed by the former US President, Jimmy Carter. The United States has also recognised that the referendum result is valid.

The European Union did not deploy an observer mission for the recall referendum due to a lack of agreement with the Venezuelan electoral authorities on methodology. However, it supported the role of the OAS and the Carter Center and in a statement on the outcome of the referendum, the Netherlands Presidency congratulated Venezuela on the historically large turnout and hoped that political stability would soon return to that country, with all parties contributing to this end.

While the referendum result has thus been widely acknowledged internationally, opposition parties in Venezuela have continued to claim that the results were tainted by electoral malpractices. In the run-up to the referendum those opposed to President Chavez had organised under the umbrella group, Coordinadora Democrática, democratic co-ordinator. However, there have been reports since the referendum of divisions within the opposition, with some smaller parties announcing that they intend to boycott state and municipal elections now scheduled to take place on 31 October 2004.

The European Union, while welcoming the conduct and outcome of the recall referendum, remains concerned about aspects of a number of policies being pursued by the Venezuelan Government, particularly on the independence of the judiciary and the media. Ireland shares the hope of our EU partners that the referendum outcome can lead to a process of national reconciliation. We will continue to monitor the political situation in Venezuela and seek to engage constructively with the administration of President Chavez.

EU Enlargement.

Willie Penrose

Question:

205 Mr. Penrose asked the Minister for Foreign Affairs the state of negotiations with Turkey regarding its application for EU membership; if his attention has been drawn to recent comments from the French Foreign Minister that a referendum may be required in France to facilitate Turkey’s entry into the EU; and if he will make a statement on the matter. [25324/04]

Billy Timmins

Question:

210 Mr. Timmins asked the Minister for Foreign Affairs the efforts being made by Turkey to meet the Copenhagen criteria for accession to the European Union; and if he will make a statement on the matter. [25210/04]

I propose to take Questions Nos. 205 and 210 together.

The Helsinki European Council in December 1999 decided that Turkey is a candidate country destined to join the European Union on the basis of the same criteria applied to other candidate states. The Copenhagen European Council in December 2002 made the clear commitment that if the European Council meeting in December 2004 decides that Turkey has fulfilled the Copenhagen political criteria, the EU will open accession negotiations without delay. This commitment was reaffirmed by the most recent European Council, under the Irish Presidency, on 18 June. The political criteria require a candidate country to have achieved stability of institutions guaranteeing democracy, the rule of law, human rights and respect for and protection of minorities.

The June European Council welcomed the significant progress made to date by Turkey in the reform process, including the important and wide ranging constitutional amendments adopted in May. It also welcomed the continued and sustained efforts of the Turkish government to meet the Copenhagen political criteria and emphasised the importance of concluding the remaining legislative work and accelerating efforts to ensure decisive progress in the full and timely implementation of reforms at all levels of administration and throughout the country. There have been important legislative developments since June, including the adoption by the Turkish Parliament on 26 September of a comprehensive new penal code.

On 6 October, the European Commission presented its 2004 regular report on Turkey's progress towards accession together with its recommendation, for consideration by the December European Council. The Commission also presented an initial study on issues arising from Turkey's membership perspective. The Government has welcomed the very comprehensive report and recommendation from the Commission, which deserve close study by all member states as we prepare for the important decision to be taken by the December European Council.

The Commission notes that Turkey has made substantial progress in its political reform process, particularly in the past two years. It draws attention to a number of reforms which have been legislated for, but which have not yet entered into force. The Commission concludes that in view of the overall progress of reforms, and provided that Turkey brings into force certain key outstanding legislation, it considers that Turkey sufficiently fulfils the political criteria and recommends that accession negotiations be opened. The issue of the timing of the opening of negotiations would be a matter for decision by the European Council.

In its recommendation, the Commission notes that the irreversibility of the reform process in Turkey and, in particular, its implementation with regard to fundamental freedoms, will need to be confirmed over a longer period of time. It suggests a detailed strategy for the pursuit of negotiations, which would reinforce and support the reform process. The Commission makes it clear that accession negotiations with Turkey would, by their very nature, be part of an open ended process whose outcome cannot be guaranteed beforehand.

The Government has welcomed the remarkable progress which Turkey has made in recent years in the adoption of wide ranging constitutional and administrative reforms. The Turkish Government has welcomed the Commission's report and recommendation. I expect that it will maintain its efforts over the coming weeks in order to ensure that the conditions are in place for a positive decision by the European Council in December, leading to the opening of accession negotiations.

The question of Turkey's accession has been the subject of political debate in all member states, including France. I have noted the statement by Foreign Minister Barnier on 27 September that, in his personal opinion, a decision should be taken by referendum in France. President Chirac stated on 1 October that a referendum would only be held when accession negotiations had been completed, which he expected to take up to 15 years. As with previous enlargements, if Turkey were to conclude accession negotiations, the terms and conditions under which it would join the Union would be set out in an accession treaty, which would require ratification by Turkey and by each of the member states, in accordance with their national procedures.

Foreign Conflicts.

Michael D. Higgins

Question:

206 Mr. M. Higgins asked the Minister for Foreign Affairs the position in relation to the wish of the people of West Papua to have the undemocratic decision presided over by the UN rescinded, and their aspiration to independence respected; and if he will make a statement on the matter. [25296/04]

I acknowledge the concern which exists about the manner in which the act of free choice was conducted in West Papua. However, as has been stated on many occasions in the House, the review of the act of free choice would require the support of UN member states. Inquiries made by our Permanent Representative to the UN confirm that, at present, there is no significant support for such an initiative. This was confirmed to me by the UN Secretary General when I raised the matter with him during his recent visit to Ireland.

There is, moreover, a possibility that pursuing the issue of the act of free choice would prejudice ongoing efforts to develop and strengthen dialogue with the government in Jakarta, and would not contribute to the amelioration of the current situation of the Papuan people. The view of the Government is that the most productive approach to dealing with the situation of the people of Papua is through contact with the government of Indonesia.

The Government will continue to avail of every opportunity to encourage the government of Indonesia to strengthen its efforts to address the legitimate aspirations of the people of Papua. In this regard, I welcome the commitment expressed by president-elect Yudhoyono of Indonesia to implement the special autonomy law for Papua. This law dates from November 2001 but has not yet been implemented. It provides for a greater degree of autonomy for Papua than for Indonesia's other provinces.

My predecessor met the Indonesian Foreign Minister, Mr. Noor Hassan Wirajuda, in the margins of the UN General Assembly on 23 September 2004. The former Minister, Deputy Cowen, used the occasion to express Ireland's continuing concerns about the situation in Papua. These concerns had previously been raised with Minister Wirajuda in April 2004, during an EU Troika meeting, and again in January 2003, on the occasion of the EU-ASEAN Foreign Ministers' meeting. Minister Wirajuda took note of our concerns, and expressed his belief that the special autonomy law will satisfy the aspirations of the overwhelming majority of the people in Papua. He said autonomy remains the settled policy of the government of Indonesia and that the strengthened democracy in Indonesia, following successful presidential and legislative elections, would increase autonomy. My predecessor made it clear that we would be carefully monitoring the situation in this regard.

The EU External Relations Council of 11 October 2004 adopted conclusions on Indonesia, which reiterated the EU's respect for the territorial integrity of the Republic of Indonesia and welcomed president-elect Yudhoyono's intention to implement special autonomy for Papua. Officials of my Department regularly discuss the situation in Papua with their counterparts from Indonesia, representatives of various Papuan NGOs, as well as from third countries, such as Australia and the United States.

Ireland, together with our EU partners, will continue to support the development of a strengthened partnership and effective dialogue between the EU and Indonesia. As I have said, the Government sees this as the most effective framework at this time for addressing our concerns about the situation in Papua.

EU Constitution.

Ciarán Cuffe

Question:

207 Mr. Cuffe asked the Minister for Foreign Affairs his views on the expansion of the so-called Petersberg Tasks (details supplied) in the EU constitution into the fight against terrorism; and if he will make a statement on the matter. [25360/04]

Article III — 309 of the European constitution updates and expands the Petersberg Tasks, which currently cover humanitarian and rescue tasks, peacekeeping and peacemaking, to include joint disarmament operations, military advice and assistance tasks and post-conflict stabilisation. The constitution makes clear that all these tasks may contribute to combating terrorism, including by supporting third countries in their efforts to tackle terrorism in their territories. This is in keeping with the obligations placed on all member states of the United Nations, under UN Security Council Resolution 1373.

The Government supported the expansion of the Petersberg Tasks during negotiations on the constitution and very much welcomes the Union's capacity to make a meaningful contribution to global peace and security through these tasks. The threat of terrorism is a serious one both for Europe and for our partners outside the EU. We need to ensure that the Union does its utmost to assist in countering this threat.

Indeed, the Union's objectives in this regard have been clearly set out in the European Council declaration on combating terrorism of March 2004 which was co-ordinated under the Irish Presidency. The declaration represents the Union's most comprehensive strategy statement to date and includes measures relating to the sharing of intelligence, the financing of terrorism, protecting populations and transport infrastructure, assistance to victims and international co-operation.

The declaration was formulated in the wake of the horrific bombings in Madrid on 11 March. In specific response to these, the European Council also agreed to the immediate implementation of the terms of the solidarity clause subsequently enshrined in the European constitution. This was an important political message that acts of terrorism represent an attack on the values on which the Union is founded and will be dealt with in a spirit of solidarity by the member states of the Union.

Northern Ireland Issues.

John Bruton

Question:

208 Mr. J. Bruton asked the Minister for Foreign Affairs if he will provide a full update on the situation in Northern Ireland; his views on the meetings held at Leeds Castle; the steps to be taken to bring about the resumption of the Northern Assembly; and if he will make a statement on the matter. [25230/04]

Kathleen Lynch

Question:

223 Ms Lynch asked the Minister for Foreign Affairs the progress made to date in resolving the outstanding issues from the Leeds Castle talks; the nature of the outstanding issues to be resolved; if these issues are capable of being resolved within the binding terms of the existing Agreement; if not, the nature and extent of amendments they may require; if, in the event of parties failing to agree, the British and Irish Governments will endeavour to present an alternative plan that seeks to implement as much of the Good Friday Agreement as possible; and if he will make a statement on the matter. [25302/04]

I propose to take Questions Nos. 208 and 223 together.

At Leeds Castle, the Taoiseach and the Government team worked hard to achieve resolutions to the four outstanding issues identified by the two Governments, namely, an end to paramilitary activity; decommissioning; stability of the political institutions; and policing, including the devolution of policing and justice powers.

At the conclusion of the talks, the two Governments stated their belief that the issues of paramilitary activity and decommissioning could now be resolved. However, consensus was not achieved on possible changes to the operation of the institutions in strands one, two and three of the Agreement. The review of the operation of the Good Friday Agreement was provided for in the Agreement itself. The Government has consistently acknowledged that there may be scope for pragmatic and sensible changes to the workings of the Agreement in the light of practical experience. It has, from the outset, also made clear its openness to considering such changes, once they are consistent with the fundamental provisions of the Agreement.

Since the conclusion of the Leeds Castle talks, the Government has encouraged and facilitated dialogue with and between the parties in order to reach agreement on the outstanding issues. The former Minister of State at the Department of Foreign Affairs, Deputy Kitt, and the Secretary of State for Northern Ireland, Paul Murphy, met all the parties in Belfast on 21 and 22 September.

The Taoiseach and I met a DUP delegation, led by Dr. Ian Paisley, on 30 September in Dublin. Since my appointment I have also met the SDLP, Sinn Féin, and the Alliance Party, as well as the Secretary of State for Northern Ireland. I hope to meet a delegation from the UUP in the coming days.

Both Governments are determined to move ahead now and have emphasised the urgent need to achieve an accommodation between all sides which does not trespass against the fundamental power sharing nature of the Agreement. We remain focused on securing a comprehensive agreement that definitively resolves the question of paramilitarism and allows for the early restoration of the devolved institutions on a stable and inclusive basis.

EU Constitution.

Dan Boyle

Question:

209 Mr. Boyle asked the Minister for Foreign Affairs if he will outline the new structured co-operation provisions in the proposed EU constitution (details supplied); the decision making and funding aspects of this co-operation; and if he will make a statement on the matter. [25359/04]

In the European constitution, member states express their determination to ensure that the Union is capable of fully assuming its responsibilities as part of the international community. They also recognise that the United Nations may request the Union's assistance for the urgent implementation of its missions. In order to undertake peacekeeping and conflict prevention missions in the framework of the European security and defence policy, the so-called Petersberg Tasks, the Union must be able to use the capabilities, or resources, of member states.

The European constitution puts in place a new arrangement known as permanent structured co-operation to enable those member states wishing to do so to commit to being able to undertake the most demanding crisis management missions. Structured co-operation is open to all member states, on the condition that they undertake to enhance their defence capacities through the development of national contributions and subject to participation in a number of areas specified in Article III — 312.

Member states can signal their decision to take part in structured co-operation once the constitution comes into force. Alternatively, member states who decide not to participate immediately can decide to do so at a later date, providing they meet the criteria outlined.

Decision-making procedures in relation to structured co-operation are set out in Article III — 312 of the European constitution. These provide that decisions will be taken by unanimity among the states participating in permanent structured co-operation. The detailed arrangements for the implementation of structured co-operation, including financial aspects, have yet to be elaborated. The Government will consider further its approach to possible Irish participation in structured co-operation in due course. Such consideration will include an assessment of the national implications from a financial perspective.

Question No. 210 answered with QuestionNo. 205.

Arms Trade.

Brendan Howlin

Question:

211 Mr. Howlin asked the Minister for Foreign Affairs his views on the EU decision to lift the arms embargo against China; and if he will make a statement on the matter. [25301/04]

The European Council on 12 December 2003 invited the General Affairs and External Relations Council, GAERC, to re-examine the question of the embargo on the sale of arms to China.

Initial discussion at the GAERC took place on 26 January 2004, when it was agreed to invite the permanent representatives' committee, COREPER, and the political and security committee, PSC, to look into the matter. The issue was further reviewed at the GAERC in April and again last week, where it was decided that the preparatory work should continue, in order that all technical issues surrounding it could be fully examined. Any decision on the lifting of the arms embargo will require consensus among EU partners.

There is broad agreement within the Council that the arms embargo, which was imposed in reaction to the events of June 1989 in Tiananmen Square, does not reflect the quality of the rapidly deepening relationship between the EU and China 15 years on. However, there is as yet no agreement to lift the embargo.

One reason for this is that discussions are still ongoing on a review of the EU's code of conduct, which sets out criteria governing all arms exports from the EU. Also, there is an awareness of public concerns regarding the commitment of the Chinese authorities to the protection of human rights. There is no doubt that there has been a significant improvement in the human rights situation in China since 1989. This is reflected in the regular EU-China human rights dialogue and the joint seminar which took place in Beijing in June on China's ratification of the Convention on Civil and Political Rights. Nevertheless, legitimate concerns persist in Europe and there is ample scope for the Chinese authorities to further demonstrate their stated commitments in relation to improving respect for human rights.

The Government will continue to examine this question with our EU partners, considering our overall relationship with China, our ongoing commitment to human rights and the broader regional and international context. This approach has been conveyed to the Chinese authorities, most recently by the Taoiseach during his discussions with Premier Wen when they met in the margins of the ASEM summit in Hanoi on 9 October 2004.

Human Rights Issues.

Aengus Ó Snodaigh

Question:

212 Aengus Ó Snodaigh asked the Minister for Foreign Affairs if the Government will consider proposing the suspension by the EU of its association agreement with Israel, based on the human rights clause (details supplied). [25315/04]

Suspension of the Euro-Mediterranean Association Agreement with Israel is not on the agenda. Consensus within the European Union would be required for such a step. This would not be forthcoming.

The argument has also been made that that such action could have undesirable consequences such as undercutting the role of the EU in the peace process and creating difficulties in implementing our programmes of assistance to the Palestinian Authority.

Furthermore, meetings of the Association Council with Israel provide the opportunity for the EU to highlight its concerns to the Israeli authorities on the human rights implications of its security policies. Article 2 of the EU-Israel Association Agreement reinforces obligations which already fall to the signatories with respect to human rights.

Question No. 213 answered with QuestionNo. 188.
Question No. 214 answered with QuestionNo. 166.
Question No. 215 answered with QuestionNo. 201.

EU Presidency.

Breeda Moynihan-Cronin

Question:

216 Ms B. Moynihan-Cronin asked the Minister for Foreign Affairs if his attention has been drawn to a Garda investigation into complaints that luxury cars used to transport VIPs during Ireland’s Presidency of the European Union may not have been licensed as commercial vehicles; if this investigation is now complete; and if he will make a statement on the matter. [25318/04]

A complaint was received by the carriage office of the Garda Síochána concerning the use of certain vehicles during the course of the Irish Presidency. I understand that the investigation is ongoing and it would be inappropriate for me to comment on the matter until the investigation has been completed, and the complainant notified of the outcome.

Debt Relief.

Breeda Moynihan-Cronin

Question:

217 Ms B. Moynihan-Cronin asked the Minister for Foreign Affairs if he will elaborate on views expressed at a recent seminar in Rome concerning Government policy on poor country debt relief; the efforts he is making to change those aspects of the World Bank-IMF heavily indebted poor countries initiative identified by the Government as problematic; the level of support among other countries for the views he expressed; and if he will make a statement on the matter. [25317/04]

My predecessor, Deputy Kitt, as Minister of State with responsibility for development co-operation and human rights, attended a seminar in Rome entitled, Poverty and Globalisation: Financing for Development, including the millennium development goals, on Friday, 9 July 2004. The seminar was organised by the Pontifical Council for Justice and Peace and attracted, among others, the UK Chancellor of the Exchequer, Gordon Brown, senior representatives of the French, US, Italian and a number of African Governments. Representatives of civil society and development NGOs were also present.

The former Minister of State, Deputy Kitt, based his intervention at the seminar on the policy document on developing country debt developed by the Departments of Foreign Affairs and Finance and launched in July 2002. The document commits us to work for 100% debt cancellation for the poorest countries and highlights a number of problems with the operation of the World Bank's heavily indebted poor country, HIPC, initiative.

Among the problems with HIPC, which the former Minister of State, Deputy Kitt, cited at the seminar were: the need to pay more attention to human development criteria and less to hard economic indicators such as exports; the need to take greater account of the impact of HIV-AIDS on the poorest, disproportionately HIPC, countries of sub-Saharan Africa; and the inadequacy of the HIPC criteria in estimating a country's ability to sustain debt. He also emphasised our belief that any enhancement of HIPC must be financed by financial resources in addition to those already earmarked for overseas development aid.

The former Minister of State addressed the related issues of the need for increases in ODA flows to developing countries and the search for innovative sources of development financing. He again emphasised that all funds accruing from innovative sources should be in addition to the commitment to increased levels of ODA.

Prior to the Holy See seminar, Ireland's Presidency of the European Union offered us a number of opportunities to focus attention on the issue of poor country debt relief, debt sustainability and debt cancellation. The Taoiseach reaffirmed our commitment when he addressed the European Parliament in January 2004. The Minister for Foreign Affairs ensured that the discussion on development issues at the April meeting of the General Affairs and External Relations Council gave a new impetus to the EU's already significant commitment to HIPC and to debt relief generally. When the EU Ministers for development met in Dublin in June, debt was among the central issues discussed, with trade and HIV-AIDS, and given added emphasis by the presence of Bono, internationally recognised for his campaign for Africa, as guest of honour. At the EU-Africa ministerial meeting in Dublin in April, Ministers welcomed the joint report prepared by debt experts from the African and European sides on the nature, scale and impact of Africa's debt burden. As President of the European Council, the Taoiseach took part in the G8 summit meeting, where he emphasised Ireland's view that the situation of the heavily indebted poor countries is one of the most pressing challenges to world economic and social development.

Recently, officials of my Department participated as members of the Irish delegation to the annual meeting of the World Bank and the International Monetary Fund, where the debt issue was a central focus of discussion. While there, the officials met representatives of other donor countries and of the HIPC countries, as well as senior staff members of the financial institutions, including the head of the World Bank's HIPC unit.

Support for the cancellation of poor country debt, as advocated by Ireland since 2002, is growing both within the G8 countries and the wider international community. At the meeting in Washington, both UK and US proposals on poor country debt, that include debt cancellation, were discussed. While there was no agreement on how to progress these specific proposals at this time, I think their advocacy by these countries and the debate they generated around the issue of debt cancellation represent a considerable shift in the thinking of wealthier countries on the debt issue. The G8 countries have a crucial leadership role to play in the resolution of the debt problem of the poorest countries, including the pursuit of debt sustainability in the long term. Ireland will continue to attach the highest priority to this issue and will avail of every opportunity to reiterate our strong commitment to the pursuit of a lasting solution to the problem of developing country debt.

Overseas Development Aid.

Dan Boyle

Question:

218 Mr. Boyle asked the Minister for Foreign Affairs the measures he has taken to ensure that UN Resolution 1325 on women in conflict has been given effect in the official Irish humanitarian aid programme; and the plans that have been implemented to ensure that emergency and crisis responses of Development Co-operation Ireland and its partner agencies are appropriately gender sensitive. [25358/04]

UN Resolution 1325, adopted by the Security Council in October 2000, highlights the particular vulnerability of women in situations of armed conflict. The contents of Resolution 1325 have been taken on board by my Department, especially in its humanitarian policy on emergency response. The ongoing and widespread exploitation and gender based violence perpetrated against women and girls in situations of conflict is a matter of grave concern. Development Co-operation Ireland is currently working with Amnesty International and other NGOs in Ireland to support strategic initiatives aimed at ensuring that violence against women in conflict is given priority both in policy and programming.

Ireland has a strong commitment to gender equality in its overseas development programme generally. Gender is a cross-cutting priority in the policies and strategies guiding the development programme. Last month, a gender equality policy was launched by Development Co-operation Ireland, the Government's official programme of development assistance. This policy emphasises three areas for the advancement of gender equality: full achievement of human rights; equal access to resources and services; and equal participation in political and economic decision-making. Each of these areas is applicable to situations of conflict.

I am also committed to ensuring that our development partners are signatories to best practice policies and codes so as to mainstream gender in the provision of water, sanitation, food aid, shelter and health. Ireland endorses the code of conduct for the International Red Cross and Red Crescent movement and NGOs in disaster relief, which outlines the principles that govern humanitarian action and asserts the rights of populations to protection and assistance. Ireland works closely with a broad range of civil society organisations, including NGOs, in developing a full understanding of the gender specific needs of both men and women in crisis and conflict situations.

Middle East Peace Process.

Damien English

Question:

219 Mr. English asked the Minister for Foreign Affairs the efforts being made by the Government, through the European Union, to progress the Middle East peace process; and if he will make a statement on the matter. [25222/04]

The Government's position on the Israel-Palestine conflict has been one of consistent support for a peaceful solution. Together with our EU partners, we are working for a negotiated end to the conflict leading to two states, Israel and Palestine, living at peace within secure and recognised borders.

The General Affairs and External Relations Council considered this issue once again on 11 October in Luxembourg, and in its conclusions reaffirmed the EU's long standing positions on the quartet roadmap and Israel's proposed unilateral withdrawal from the Gaza Strip. While an Israeli withdrawal from the Gaza Strip and part of the northern West Bank could represent a significant step towards the implementation of the roadmap, the Council underlined that the withdrawal must not be an attempt to replace the roadmap and the two state solution it encompasses. It also recalled that settlement activity is contrary to the roadmap.

The Council reaffirmed the position taken by the European Council in March and endorsed in the Tullamore declaration on the conditions which must be met by any Israeli withdrawal plan. The following five elements are essential to make a Gaza withdrawal acceptable to the international community: it must take place in the context of the roadmap; it must be a step towards a two state solution; it must not involve a transfer of settlement activity to the West Bank; there must be an organised and negotiated handover of responsibility to the Palestinian Authority; and Israel must facilitate the rehabilitation and reconstruction of Gaza.

Departmental Staff.

Emmet Stagg

Question:

220 Mr. Stagg asked the Minister for Foreign Affairs if, in view of the case of a person (details supplied), he has requested a review of checks on staff working in his Department in view of the fact that this person had two previous convictions for theft for which they had served a prison sentence in 1995; the changes in security checks that he has authorised in view of this case; and if he will make a statement on the matter. [25319/04]

In June 2004, an individual who had been working on contract in the Department of Foreign Affairs received a four year suspended sentence for the theft of eight laptop computers from the Department. The individual had been contracted from a specialist information technology company to work as part of a team of contractors, to provide IT help desk support for the Department in the lead up to and for the duration of Ireland's Presidency of the European Union.

Failure to complete security checks for this individual, as opposed to a flaw with the security check procedures, occurred on this occasion. All IT staff contracted for the Presidency, including this individual, were the subject of standard security clearance procedures equivalent to those related to the recruitment of full-time staff members in the Department. Unfortunately, due to increasing demands on the IT help desk service and in view of an existing positive working relationship with the individual's employer, the person concerned commenced work in the Department in advance of completion of the normal security checks. The theft of equipment and subsequent arrest of the individual concerned occurred in advance of completion of these checks.

Following a review of procedures and practices resulting from this incident, arrangements for conducting security checks have now been tightened. I assure the Deputy that no one now commences work in the Department in advance of completion of the security clearance procedures.

EU-US Relations.

Paudge Connolly

Question:

221 Mr. Connolly asked the Minister for Foreign Affairs the extent to which the EU-US relationship has been renewed arising from the recent EU-US summit here; and if he will make a statement on the matter. [24982/04]

The trans-Atlantic relationship has been crucial to the stability and prosperity of both Europe and the US over the past 50 years. We share the same belief in democracy, the rule of law, fundamental rights and open trade between nations. These are values that have forged an enduring partnership, which continues to be a stabilising and positive force in the world.

During Ireland's recent Presidency of the EU, we emphasised the importance of renewing the trans-Atlantic relationship after the divisions experienced last year over Iraq. This approach culminated in the successful EU-US summit in Dromoland Castle in June this year which demonstrated the continuing strength and depth of the transatlantic partnership. The EU and the US adopted seven important joint declarations addressing many of the key challenges that face the world today including on Iraq, as well as on counter-terrorism, non-proliferation, the fight against HIV/AIDS, Sudan, and partnership with countries in the Mediterranean and the Middle East. This outcome has contributed significantly to a renewed trans-Atlantic consensus on the approach to adopt on a number of global issues. The US ambassador to Ireland, Mr. James Kenny, commented recently that the State Department rated the summit as probably the best in the last 15 years.

Obviously, an important feature of an open and mature friendship is the ability to discuss matters of difference. This is an important element of the EU-US relationship. It will be evident from the press conference given by the Taoiseach and President Bush at Dromoland following the summit that differences were raised during their meeting.

A strong partnership between the EU and the US is vital if we are to find durable solutions to the many global challenges facing us, despite the differences between the US and European approaches on some issues. Both bilaterally and within the EU, we will continue to engage with the US to build a more productive transatlantic relationship. In that context, I reiterate the Government's welcome of the appointment of former Taoiseach, Deputy John Bruton, as ambassador and head of the European Commission's delegation to the United States. I am confident he will make an important contribution to relations between the EU and the US in the future.

Question No. 222 answered with QuestionNo. 169.
Question No. 223 answered with QuestionNo. 208.

UN General Assembly.

Jan O'Sullivan

Question:

224 Ms O’Sullivan asked the Minister for Foreign Affairs if he will make a statement on the Irish ministerial address to the UN General Assembly in September 2004; his views on whether the UN is on target to produce its report on UN reform expected in December 2004; and if he will make a statement on the matter. [25322/04]

John Gormley

Question:

353 Mr. Gormley asked the Minister for Foreign Affairs his views on the speech made by his predecessor at the UN General Assembly in September 2004; and if he will make a statement on the matter. [25367/04]

I propose to take Questions Nos. 224 and 353 together.

My predecessor, Deputy Cowen, delivered Ireland's national statement in the general debate at the start of the 59th session of the General Assembly of the United Nations on 23 September 2004. The statement reflected the Government's view that the session just commenced will be one of the most important in the history of the United Nations. After the serious divisions that arose in 2003, and confronted by continued war, terror, ethnic violence and abuse of human rights, the organisation is now engaged in a period of serious reflection. A strong momentum for reform of the United Nations now exists, generated in no small part by its Secretary-General, Kofi Annan, whom we were pleased to welcome to Ireland last week. In addition, preparations are in train for a review of the commitments undertaken at the millennium summit, and of progress to date in the implementation of the millennium development goals.

During this session, therefore, the groundwork must be laid for a new compact by which the member states will invest the United Nations with the strength and capacity it needs to meet the threats and challenges of today, and rededicate themselves to the task of achieving by the target date of 2015 the goals established at the millennium. These goals, as the Secretary-General reminded us last week, include such important aims as halving extreme poverty, halting the spread of HIV/AIDS and ensuring universal primary education.

Our national statement to the General Assembly called for bold decisions, that would restore the determination and idealism of the founding fathers of the United Nations, and provide a more effective system of collective security. Such a system required the unique legitimacy offered by the United Nations and its charter.

A high-level panel on threats, challenges and change was established by the Secretary-General last year. The panel's mandate is to examine and analyse current and future threats and challenges to international peace and security, to identify the contribution that collective action can make in addressing these challenges, and recommend necessary changes, including a review of the principal organs of the United Nations. The panel is on course to deliver its report to the Secretary-General by 1 December. Secretary-General Annan, when he receives the report of the high-level panel, will embark on a series of consultations to establish a basis for consensus. I assured him when I met him last Friday that he would have Ireland's support and help in this complex task.

Our national statement to the General Assembly drew attention to the EU contribution to the panel's work, co-ordinated by Ireland during its recent Presidency. EU partners agreed that security and development are intimately connected and that there should be no hierarchy of threats. The EU contribution pointed to the need for enhanced early warning systems that identified states or societies at risk of instability and for sustained engagement with such states to ensure that they do not descend or relapse into conflict, as well as new structures to ensure such engagement by the UN system and the international community in general. It called for enhanced involvement by the Security Council in addressing the threats posed by terrorism and weapons of mass destruction, and pointed to the need to establish a basis for a common assessment of threat and to agree on criteria for intervention. It also pointed to the increasing contribution that regional organisations, including the European Union itself, can make to the maintenance of international peace and security under the overall authority of the Security Council.

There is no consensus among European Union partners on the specific means by which the Security Council itself might be reformed. The Minister, Deputy Cowen, however, told the General Assembly that Ireland favoured a regionally-balanced increase in the membership, in both categories, permanent and non-permanent, which would mean more legitimacy and, therefore, more effectiveness for the Security Council. He also pointed out that an effective Security Council required more than a change in structures, it also required a change in attitudes. Those who aspired to world leadership bore a particular responsibility to act in the global interest.

Ireland's national statement this year could not but condemn the dreadful terrorist attacks that had recently taken place, particularly at Beslan in southern Russia, where hundreds of innocents — men, women and especially children — were ruthlessly slaughtered. It also recalled that terrorism can rarely be defeated exclusively military or security means alone and that it was necessary to address root causes and maintain due regard for international law and human rights norms.

The statement dealt with non-proliferation of weapons of mass destruction, including nuclear non-proliferation. We signalled our intention to work with our New Agenda Coalition partners to strengthen the Treaty on the Non-Proliferation of Nuclear Weapons at its forthcoming review, noting the mutually reinforcing nature of disarmament and non-proliferation. The importance of dealing with the threat posed by conventional weapons and land mines was also stressed.

The Minister, Deputy Cowen, offered the General Assembly the Government's perspectives on a range of regional issues. He urged the authorities in the Sudan to fulfil the obligations imposed by the Security Council, to co-operate closely with the monitoring mission of the African Union, to bring the Janjaweed militias under control and disarm them, to bring to justice those responsible for serious violations of human rights and bring about secure conditions so that people can return voluntarily to their homes. He called on all parties, including the rebel groups, to show flexibility and good will so that the underlying problems of Darfur can be resolved peacefully.

The Minister welcomed the passage of Security Council Resolution 1546 on Iraq, which represented a coming together of the international community on the importance of reconstruction, saying that it was vital that the interim Iraqi government be able to establish a full democratic mandate. He called for an end to the lethal violence that was disrupting the normal development of the country. Ireland has always seen the United Nations as central to reconstruction and, with its EU partners, will seek to ensure that the UN mission is provided with the necessary security to carry out its tasks.

The national statement described the violence that the people of Israel and Palestine suffer as futile and tragic. It called on Israel to halt the expansion of settlements and criticised the line taken by the security fence, which creates severe hardship for Palestinian communities and will perpetuate facts on the ground that will make a resolution of the conflict, which is fundamentally a struggle over land, more difficult. It also called on the Palestinian Authority to assume its responsibilities under the roadmap and to exercise effective and responsible leadership. The statement recalled the Tullamore Declaration, in which EU Ministers acknowledged the impetus that could be given to the peace process by Prime Minister Sharon's plan to withdraw from Gaza, as long as it took place in the context of the implementation of the roadmap for peace.

The Minister, Deputy Cowen, also availed of the opportunity to brief the General Assembly on ongoing work to consolidate peace and stability in Northern Ireland, saying that the complete implementation of the Good Friday Agreement was the best way forward. While it had not been possible to achieve agreement among the parties on the operation of the political institutions of the Agreement at Leeds Castle, he noted that Dr. Ian Paisley had made the point immediately after the talks that "a golden opportunity has been available to realise a stable and entirely peaceful future".

In conclusion, the Minister exhorted the members of the General Assembly to make 2005 the year in which the United Nations was reborn, strong, effective and respected, as its founding fathers intended it to be.

Question No. 225 answered with QuestionNo. 195.

Overseas Development Aid.

John Deasy

Question:

226 Mr. Deasy asked the Minister for Foreign Affairs the level of aid given to Uganda for 2004; if he will estimate the amount to be given in 2005; and if he will make a statement on the matter. [25221/04]

A budget of €30.65 million has been allocated for Ireland's official programme of development assistance to Uganda in 2004. That allocation is in line with the budgetary provisions of my Department's country strategy paper for Uganda, which sets out the strategy for Ireland's programme of development assistance to Uganda for the period 2004-06. The goal of the programme is to support Uganda's efforts to achieve pro-poor and sustainable economic growth, equitable social development and democratic governance, as articulated in Uganda's poverty eradication action plan. The emphasis of the programme is on support for four key sectors: education, agriculture, justice, law and order and health, including HIV/AIDS interventions. The country strategy paper provides for an allocation of €32 million in 2005. Aid is also being given in support of the development activities of civil society bodies in Uganda and in the form of humanitarian assistance.

A further €2.9 million has been allocated in 2004 towards development projects in Uganda under my Department's multi-annual programme scheme, block grant, and non-governmental organisation, NGO, co-financing schemes. This funding is channelled through Irish NGOs and missionaries and goes towards basic education, water and sanitation, primary health care and rural development projects. Funding is also provided for NGO and missionary personnel working in the health, education, administration and technical sectors.

The humanitarian situation in northern Uganda continues to be a source of grave concern. More than 1.4 million displaced people are still seeking shelter in over-congested camps and continue to depend on food assistance for survival. While there have been no major attacks on civilians in the past two months, small-scale ambushes, attacks, looting and abductions continue, constraining the internally displaced from pursuing livelihoods. Access to displaced populations for humanitarian assistance remains a problem.

The World Food Programme, WFP, reports significant shortfalls in the food reserves for northern Uganda. Ireland has provided a total so far of €623,000 in emergency humanitarian assistance to Uganda in 2004, including €500,000 to WFP for food assistance to the internally displaced. My officials will keep this situation under close review and will respond to any changes in the situation.

Question No. 227 answered with QuestionNo. 188.

International Atomic Energy Agency.

Dan Neville

Question:

228 Mr. Neville asked the Minister for Foreign Affairs if he will provide an up-to-date report on the work of the International Atomic Energy Agency in Libya; and if he will make a statement on the matter. [25225/04]

On 19 December 2003, Libya announced its intention to eliminate all "materials, equipment and programmes which lead to the production of internationally proscribed weapons". In the months since, the International Atomic Energy Agency, IAEA, has been working closely with the Libyan authorities to gain a complete picture of its nuclear programme.

On 10 March 2004, the board of governors of the IAEA adopted a resolution welcoming Libya's voluntary decision and requesting it to provide continuing co-operation and full disclosure. The board also agreed to report past non-compliance to the Security Council for information purposes.

The director general of the agency, Dr. Mohammed El Baradei, delivered his latest report on Libya's nuclear programme at a meeting of the IAEA board of governors in Vienna last month. The agency's assessment was that Libya's declarations on its uranium conversion programme, enrichment programme and other past nuclear-related activities appear to be consistent with the information available to and verified by the agency. The report confirmed that Libya has shown good co-operation with the agency by providing information and prompt access to locations requested. It was noted, however, that there are still some areas related to the acquisition of uranium hexafluoride, uranium conversion technology and enrichment technology that need further investigation. The director general has indicated he will continue to report developments to the board as part of the periodic reporting of the agency's verification activities.

It is important that Libya facilitate the IAEA's continued investigations by providing all necessary information, particularly with respect to the illicit trafficking in nuclear materials and the origins of such materials. Full and close co-operation by all third countries with the agency is also needed in order to clarify the outstanding questions.

Ireland fully supports the work of the IAEA in verifying the dismantlement of the Libyan programme. We welcome Libya's signature and decision to implement an additional protocol and its ratification of the Comprehensive Test Ban Treaty. Ireland has also welcomed Libya's accession to the Chemical Weapons Convention and subsequent declaration of its chemical weapons agents. As with the IAEA's verification activities, we are looking forward to Libya's continued co-operation with the Organisation for the Prohibition of Chemical Weapons, OPCW, with regard to fulfilling its obligations to comply with the requirements of the convention.

Overseas Development Aid.

Thomas P. Broughan

Question:

229 Mr. Broughan asked the Minister for Foreign Affairs the relief the Government has allocated and sent to Haiti; his proposals to improve and facilitate the operation of the UN agencies and other relief agencies in that country; and if he will make a statement on the matter. [25284/04]

Hurricane Ivan, one of the most powerful hurricanes to hit the Caribbean in recent memory, ravaged the islands of Haiti and Grenada last month. More than 1,500 people lost their lives in Haiti and a further 300,000 have been affected by the subsequent flooding. Severe environmental degradation has exacerbated the effects of the hurricane.

Haiti is one of the world's poorest countries and has been the recipient of Irish development assistance prior to the current crisis. To date, €1.5 million has been committed in emergency and development funding to Haiti. This figure includes €250,000 which I approved on 4 October for emergency humanitarian programmes, specifically in response to Hurricane Ivan. This assistance is being delivered through NGOs, UN agencies and the Red Cross.

The current situation in Haiti is still very much in the emergency phase. When the position is stabilised, recovery and reconstruction will be a major task. Although the challenge is enormous, Ireland stands ready to assist the Government and people of Haiti in the recovery efforts.

Question No. 230 answered with QuestionNo. 165.

Human Rights Issues.

Paul Nicholas Gogarty

Question:

231 Mr. Gogarty asked the Minister for Foreign Affairs the measures which have been put in place to co-operate with and support the work of the International Criminal Court on behalf of this State particularly in view of continued perpetration, for example, of crimes against humanity in Sudan. [25351/04]

As the Deputy will be aware, Ireland is obligated, as a state party to the Rome Statute of the International Criminal Court, ICC, to co-operate with the ICC in its investigation and prosecution of crimes under its jurisdiction. Legislation to allow the State to implement these obligations, the International Criminal Court Bill 2003, has been prepared by the Department of Justice, Equality and Law Reform, and has recently completed Second Stage before this House.

Ireland and its EU partners have been consistent and strong supporters of the work of the ICC, and have repeatedly stated their commitment to the establishment of a fully functional, independent court. In the Council Common Position on the ICC of June 2003, the EU and its member states commit themselves to supporting the development of training and assistance for judges, prosecutors, officials and counsel in work related to the court. The EU and its member states have also been active supporters of programmes to strengthen the capacity of the justice systems of third states, thus enhancing the ability of these states to co-operate with the ICC when requested by it to do so.

With regard to the Deputy's comments on the situation in Sudan, it should be pointed out that under article 13 of the Rome statute, the court can normally exercise jurisdiction only in cases of acts committed on the territory of a state party or by a national of a state party. Sudan signed the Rome statute in September 2000, but has not yet ratified it. However, article 13(b) of the Rome statute would allow the ICC to exercise jurisdiction over the situation in Sudan if the UN Security Council, acting under Chapter VII of the UN Charter, chooses to refer the situation to the prosecutor of the ICC.

EU Enlargement.

Gerard Murphy

Question:

232 Mr. Murphy asked the Minister for Foreign Affairs the timescale for the accession of Romania and Bulgaria to the European Union; and if he will make a statement on the matter. [25212/04]

The European Union's objective, as stated in the European Council Conclusions of 17-18 June, is that both Bulgaria and Romania should conclude negotiations in 2004, sign the accession treaty in 2005 and accede in January 2007, if they are ready. Negotiations will be concluded on the same basis and principles which applied to the ten new member states which acceded on 1 May 2004.

On 6 October 2004, the European Commission published its annual reports on progress towards the EU accession of Bulgaria and Romania, as well as an overall strategy paper on progress in the enlargement process. The Commission makes clear in these reports that both Bulgaria and Romania have made good progress this year in their preparations for EU accession.

Foreign Conflicts.

Willie Penrose

Question:

233 Mr. Penrose asked the Minister for Foreign Affairs the position on the conflict between the Sahara Arab Democratic Republic and Morocco; the position in relation to the UN referendum in the area known as the former Spanish Sahara; the position on the prisoners of both sides; if he will confirm the Government’s recognition of the Sahara Arab Democratic Republic; and if he will make a statement on the matter. [25325/04]

Ireland is a long-standing supporter of the right of the Saharawi people to self-determination. The Government played a prominent role in seeking a solution to the Western Sahara dispute during its term on the Security Council.

The conflict in the Western Sahara ended with the brokering by the UN in 1991 of a ceasefire which has been maintained under the monitoring of the United Nations Mission for Referendum in Western Sahara, MINURSO, although the conflict gave rise to numerous humanitarian issues which remain unresolved. MINURSO's efforts to carry out the referendum in the Western Sahara have been frustrated to date by the inability of the parties to agree on the list of qualified voters.

On 31 July 2003 the UN Security Council adopted Resolution 1495 which, in addition to extending the mandate of the UN Mission for the Referendum in Western Sahara, also recommended the acceptance by all sides of the Baker II plan. This plan was drawn up by Mr. James A. Baker during his term as personal envoy of the UN Secretary General and formally presented by the Secretary General to the Security Council for its endorsement on 23 May 2003. The Baker II plan proposes a transitional period of four to five years during which Western Sahara would be self-governing under Moroccan sovereignty. A Western Sahara Authority, WSA, under a chief executive would be responsible for local government, internal security, law enforcement, the economy, welfare and education, while Morocco would be responsible for foreign relations, national security and defence. At the end of five years, a referendum would be held giving residents a choice between independence, integration with Morocco or continued autonomy.

The Government believes these proposals represent the best way forward towards a negotiated settlement of the issue which fully respects the right to self-determination of the Saharaoui people. Algeria and the Polisario Front have indicated their willingness to explore these proposals, while Morocco continues to reject them. United Nations efforts to secure agreement between the parties, led by the Secretary General's special representative, continue with the strong support of the Government.

The Government position on recognition is that there is as yet no Saharan state that meets international established criteria for recognition. Such a step would in any event prejudge the outcome of the UN efforts, which, as I have noted, the Government strongly supports.

In addition to supporting efforts to secure a political settlement, the Government is concerned over the fates of the combatants in the conflict, including those who disappeared during the conflict and Moroccan prisoners-of-war still held by the Polisario. The Government firmly believes there is a compelling humanitarian case that all prisoners be released immediately and without preconditions. During the Irish Presidency of the EU this year, Polisario released 200 of the remaining prisoners of war. The Minister of State, Deputy Tom Kitt, was present to witness the release of the second group of 100 in June. The Government will continue to press all parties to meet their humanitarian obligations without further delay.

Diplomatic Representation.

Dinny McGinley

Question:

234 Mr. McGinley asked the Minister for Foreign Affairs the Government plans to open more embassies over the coming years; the places where embassies will be opened; and if he will make a statement on the matter. [25215/04]

In 2001, the Government decided to open new embassies in a number of EU candidate countries on a phased basis, subject to the availability of the necessary resources. New embassies have since been established in Estonia, Slovenia, Slovakia and Cyprus and also in Brazil. Presidency offices were opened in Bulgaria and Romania in the run up to and during the Irish Presidency of the European Union to ensure the most effective management of our Presidency in these two countries. The opening of additional missions is under active review at present and I expect this review to be completed in the near future.

Question No. 235 answered with QuestionNo. 166.

Human Rights Issues.

Olwyn Enright

Question:

236 Ms Enright asked the Minister for Foreign Affairs if he raised, since his appointment, any matters of concern with his American counterpart, in particular the holding of persons at Guantanamo Bay in Cuba; and if he will make a statement on the matter. [25223/04]

Since my appointment as Minister for Foreign Affairs, I have not had the opportunity to meet the Secretary of State Mr. Colin Powell. I have, however, spoken to him briefly when he telephoned to congratulate me on my appointment and he also has written to me expressing his desire to work with me to strengthen the excellent bilateral ties between Ireland and the United States. The Secretary of State, in his letter, reiterated the strong support of the United States for the peace process in Northern Ireland. I share the Secretary of State's wish to strengthen further Irish-US relations not only in our mutual bilateral interest but also to enable us to address the many global challenges common to all of humanity. Our brief exchanges to date have not afforded me the opportunity for discussion of substantive issues or concerns but I look forward to meeting the Secretary of State in the period ahead.

With regard to holding persons at Guantanamo Bay, as the Deputy is aware, the Government's position is that these detainees should be treated in accordance with the provisions of international human rights and humanitarian law. These concerns were conveyed to the US Embassy in Dublin by my Department and were raised by the Taoiseach when he met President Bush in Washington on 17 March 2004. In all contacts with the US authorities on this issue we have been assured that they are aware of their obligations under international law.

Northern Ireland Issues.

Gay Mitchell

Question:

237 Mr. G. Mitchell asked the Minister for Foreign Affairs if he will report on the recent visit of the Democratic Unionist Party to Dublin; the matters discussed with the DUP; and if he will make a statement on the matter. [25218/04]

On 30 September, together with the Taoiseach, I met a DUP delegation at Government Buildings. The delegation was headed by the leader of the party, Dr. Ian Paisley. This meeting was the first with the DUP leadership to be held in Dublin and it provided a welcome opportunity to discuss further the outstanding issues from the Leeds Castle talks.

As we outlined in the joint statement after those talks, both Governments believe the issues relating to the ending of paramilitary activity and decommissioning can be resolved. However, consensus was not achieved at Leeds Castle regarding possible changes to the operation of the institutions in Strands One, Two and Three. These issues have been the subject of discussions with and between the parties in recent weeks.

The meeting with the DUP at Government Buildings was focused on these outstanding issues. The Taoiseach briefed the DUP delegation on the on-going efforts to bring the necessary clarity and certainty to the question of ending paramilitary activity and capability. In addition, the Government emphasised that any changes to the political institutions must respect the fundamental power-sharing nature of the Good Friday Agreement.

We also stressed to the DUP the importance of seizing the impetus of the Leeds Castle talks and of securing early progress on all of the outstanding issues. The Government is committed to achieving a comprehensive agreement for Northern Ireland that will bring about the early restoration of the political institutions. In order to do so, we will continue to liaise closely with the British Government and the parties in the Northern Ireland Assembly, including the DUP.

Foreign Conflicts.

Michael D. Higgins

Question:

238 Mr. M. Higgins asked the Minister for Foreign Affairs the efforts made by the Government to assist efforts to secure the release of a person (details supplied) in Iraq; and if he will make a statement on the matter. [25298/04]

Damien English

Question:

239 Mr. English asked the Minister for Foreign Affairs the steps taken by the Government to assist in the release of a person held hostage in Iraq (details supplied); the advice given by his Department to Irish persons intending to travel to Iraq; and if he will make a statement on the matter. [25231/04]

John Gormley

Question:

350 Mr. Gormley asked the Minister for Foreign Affairs the precise circumstances in which an Irish passport was granted to a person (details supplied); the steps he had taken to secure the release of this person; and if he will make a statement on the matter. [25122/04]

I propose to take Questions Nos. 238, 239 and 350 together.

The House will share the deep sense of shock and sadness felt by the Government and by all the people of Ireland following the cruel and barbaric murder of Kenneth Bigley. All Members would join with the Government in expressing their most sincere condolences to his mother and his family, whose courage and fortitude we came to know and admire over recent weeks.

It is against this tragic background that I will outline details of the Government's efforts in the case of Kenneth Bigley. I had hoped to be able to respond to the Deputies' questions in different circumstances and I am very disappointed that all our efforts and pleadings for mercy and humanity to be shown to Mr. Bigley went unanswered.

When the Government learned that Mr. Bigley's mother Elizabeth was born in Dublin, my predecessor, Deputy Cowen, immediately spoke with the British Foreign Secretary and informed him of the Irish interest in the case. The next day, the Taoiseach issued an appeal to the Al Jazeera network in which he appealed for Mr. Bigley's release. The Taoiseach also instructed the Irish Ambassador in London to communicate the sympathy and solidarity of the President, the Government and the Irish people to the Bigley family.

Throughout these weeks, we monitored the case actively. On my appointment as Minister for Foreign Affairs, I immediately reviewed the case with my senior officials to see how Irish influence could best be brought to bear. Following on from this, we had contacts with a number of authorities in the region. This included my discussing the Bigley case with the Jordanian Foreign Minister and with the Secretary General of the Arab League. We remained in close touch with these contacts.

On 5 October, following a request from his family, I instructed that an Irish passport be issued to Kenneth Bigley. I was glad to respond positively to this request, in order to help convince his kidnappers of his Irish citizenship and in the hope that it would contribute to the efforts to secure his release. As the son of an Irish-born citizen, Mr. Bigley was automatically an Irish citizen under law and thus entitled to an Irish passport.

Sadly, our efforts and the efforts of the Bigley family, Members of this House, the Jordanian and other Arab authorities, the British Government and the many other governments and leaders throughout the world were ignored by the terrorists who held Kenneth.

The Government has from the outset called on all parties in the conflict to respect their obligations under international law both in regard to the status of civilians and in regard to prisoners of war. In line with this, the Government and the Council of the European Union have publicly and strongly condemned any incidents of abuse of prisoners in Iraq by occupying forces which have taken place as contrary to international humanitarian law. Equally, we have repeatedly deplored the taking of hostages and their subsequent execution by the hostage takers. The Government will continue to play its part, together with our partners in the European Union, in efforts to ensure the fullest possible respect for human rights in Iraq.

In answer to Deputy English's specific question, my Department advises Irish citizens against all travel to Iraq, given that civil unrest is widespread and the risk of violence remains high. This advice is available on the Department's website www.dfa.ie.

Departmental Investigations.

Jim O'Keeffe

Question:

240 Mr. J. O’Keeffe asked the Taoiseach if his departmental review of legislation requested by the Attorney General in search of Henry VIII provisions in legislation has been completed; if he will report on the findings; and if he will make a statement on the matter. [24980/04]

I assume the audit referred to in the Deputy's question is that referred to in my reply to Question No. 2 of 30 March 2004. To the extent that the audit concerns areas of the Statute Book within my functional remit, it is ongoing at present but has not so far identified instances of legislation of the kind referred to which might require remedial legislative action.

Health Board Services.

John McGuinness

Question:

241 Mr. McGuinness asked the Tánaiste and Minister for Health and Children if the personal assistance being given to a person (details supplied) in Dublin 8 will be extended to more than once a week. [24990/04]

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

Medical Qualifications.

John McGuinness

Question:

242 Mr. McGuinness asked the Tánaiste and Minister for Health and Children if an application for validation and documents submitted by a person (details supplied) in County Laois in May 2004 will be processed without further delay by the personnel management and development section of her Department; and if a decision will be expedited. [24991/04]

Applications for the validation of non-national qualifications are received by my Department as the designated authority under the EU directives governing the mutual recognition of professional qualifications. The appropriate professional body, which acts as adviser to my Department, examines all applications to determine equivalence with Irish qualifications. A complete application for validation from the person referred to by the Deputy was received in my Department on 18 August 2004. The documents were checked, processed and forwarded to the professional body at that time. The professional body's assessment will be completed as soon as possible when the final decision will be communicated to the applicant by my Department.

Housing Aid for the Elderly.

Pat Breen

Question:

243 Mr. P. Breen asked the Tánaiste and Minister for Health and Children the reason persons (details supplied) in County Clare were refused the special housing aid for the elderly scheme. [25006/04]

The housing aid scheme for the elderly in the Clare area is operated by the Mid-Western Health Board on behalf of the Department of the Environment, Heritage and Local Government. My Department has, therefore, asked the chief executive of the board to investigate the matter raised by the Deputy and reply directly to him as a matter of urgency.

Pat Breen

Question:

244 Mr. P. Breen asked the Tánaiste and Minister for Health and Children when a shower will be installed under the housing aid for the elderly scheme for a person (details supplied) in County Clare. [25007/04]

The housing aid scheme for the elderly in the Clare area is operated by the Mid-Western Health Board on behalf of the Department of the Environment, Heritage and Local Government. My Department has, therefore, asked the chief executive of the board to investigate the matter raised by the Deputy and reply directly to him as a matter of urgency.

Pat Breen

Question:

245 Mr. P. Breen asked the Tánaiste and Minister for Health and Children when repairs will be carried out to a roof under the housing aid for the elderly scheme for a person (details supplied) in County Clare; and if she will make a statement on the matter. [25008/04]

The housing aid scheme for the elderly in the Clare area is operated by the Mid-Western Health Board on behalf of the Department of the Environment, Heritage and Local Government. My Department has, therefore, asked the chief executive of the board to investigate the matter raised by the Deputy and reply directly to him as a matter of urgency.

Pat Breen

Question:

246 Mr. P. Breen asked the Tánaiste and Minister for Health and Children when window replacements will be made under the housing aid for the elderly scheme for a person (details supplied) in County Clare; and if she will make a statement on the matter. [25009/04]

The housing aid scheme for the elderly in the Clare area is operated by the Mid-Western Health Board on behalf of the Department of the Environment, Heritage and Local Government. My Department has, therefore, asked the chief executive of the board to investigate the matter raised by the Deputy and reply directly to him as a matter of urgency.

Pat Breen

Question:

247 Mr. P. Breen asked the Tánaiste and Minister for Health and Children when repairs to a chimney and the installation of heating will be carried out under the housing aid for the elderly scheme for a person (details supplied) in County Clare; and if she will make a statement on the matter. [25010/04]

The housing aid scheme for the elderly in the Clare area is operated by the Mid-Western Health Board on behalf of the Department of the Environment, Heritage and Local Government. My Department has, therefore, asked the chief executive of the board to investigate the matter raised by the Deputy and reply directly to him as a matter of urgency.

Pat Breen

Question:

248 Mr. P. Breen asked the Tánaiste and Minister for Health and Children when window replacements will be made under the housing aid for the elderly scheme for a person (details supplied) in County Clare; and if she will make a statement on the matter. [25026/04]

The housing aid scheme for the elderly in the Clare area is operated by the Mid-Western Health Board on behalf of the Department of the Environment, Heritage and Local Government. My Department has, therefore, asked the chief executive of the board to investigate the matter raised by the Deputy and reply directly to him as a matter of urgency.

Pat Breen

Question:

249 Mr. P. Breen asked the Tánaiste and Minister for Health and Children when repairs will be made under the housing aid for the elderly scheme for a person (details supplied) in County Clare; and if she will make a statement on the matter. [25027/04]

The housing aid scheme for the elderly in the Clare area is operated by the Mid-Western Health Board on behalf of the Department of the Environment, Heritage and Local Government. My Department has, therefore, asked the chief executive of the board to investigate the matter raised by the Deputy and reply directly to him as a matter of urgency.

Pat Breen

Question:

250 Mr. P. Breen asked the Tánaiste and Minister for Health and Children when repairs to a roof will be carried out under the housing aid for the elderly scheme for a person (details supplied) in County Clare; and if she will make a statement on the matter. [25028/04]

The housing aid scheme for the elderly in the Clare area is operated by the Mid-Western Health Board on behalf of the Department of the Environment, Heritage and Local Government. My Department has, therefore, asked the chief executive of the board to investigate the matter raised by the Deputy and reply directly to him as a matter of urgency.

Pat Breen

Question:

251 Mr. P. Breen asked the Tánaiste and Minister for Health and Children when replacement windows and one door will be made under the housing aid for the elderly scheme for a person (details supplied) in County Clare; and if she will make a statement on the matter. [25029/04]

The housing aid scheme for the elderly in the Clare area is operated by the Mid-Western Health Board on behalf of the Department of the Environment, Heritage and Local Government. My Department has, therefore, asked the chief executive of the board to investigate the matter raised by the Deputy and reply directly to him as a matter of urgency.

Health Board Services.

Finian McGrath

Question:

252 Mr. F. McGrath asked the Tánaiste and Minister for Health and Children the position regarding the funding for a group (details supplied) in Dublin 9; and if it will be given the maximum support and assistance in 2004 and 2005. [25037/04]

Responsibility for the provision of the services referred to by the Deputy rests with the Eastern Regional Health Authority. My Department has, therefore, asked the regional chief executive to investigate the matter raised by the Deputy and reply to him directly.

Cancer Screening Programme.

Finian McGrath

Question:

253 Mr. F. McGrath asked the Tánaiste and Minister for Health and Children if the full national cervical cancer screening programme will be implemented without delay; and if she will make a statement on the matter. [25039/04]

Brian O'Shea

Question:

309 Mr. O’Shea asked the Tánaiste and Minister for Health and Children her proposals to extend cervical screening nationwide; the timescale involved; and if she will make a statement on the matter. [25491/04]

I propose to take Questions Nos. 253 and 309 together.

A pilot cervical screening programme commenced in October 2000 and is available to eligible women resident in Limerick, Clare and north Tipperary. Under the programme, cervical screening is being offered free of charge to 74,000 women in the 25 to 60 age group at five year intervals.

The Health Board Executive commissioned an international expert in cervical screening to examine the feasibility and implications of a national roll out of a cervical screening programme. The examination included an evaluation of the pilot programme, quality assurance, laboratory capacity and organisation and the establishment of national governance arrangements. The expert's report was submitted on the 12 October 2004 and is now being considered by my Department.

Cosmetic Products.

Finian McGrath

Question:

254 Mr. F. McGrath asked the Tánaiste and Minister for Health and Children if bubble baths, shampoos and shower gels often contain sodium lauryl sulphate and sodium laureth sulphate; if these products can have a degenerative effect on the cell membrane; and if she has plans to tackle these health issues. [25040/04]

Cosmetic products are subject to control under the European Communities (Cosmetic Products) Regulations 1997 (SI No. 87 of 1997). Under these regulations, persons placing cosmetic products on the market are required to ensure that they are not liable to cause damage to human health under normal and reasonably foreseeable conditions of use. Substances in use in cosmetic products continue to be subject to review by the European Commission in consultation with the Scientific Committee on Cosmetic Products and Non Food Products. The substances referred to by the Deputy have been in safe use in cosmetic products over many years as surfactants, emulsifying, foaming and cleansing agents and their use has not given rise to concern.

Health Board Staff.

Jerry Cowley

Question:

255 Dr. Cowley asked the Tánaiste and Minister for Health and Children the reason the position of a general practitioner in Straide, Foxford, County Mayo, is still unfilled; and if she will make a statement on the matter. [25052/04]

Responsibility for the provision of services to medical card holders, including the recruitment and selection of candidates to fill vacant general practitioner positions, is 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 Western Health Board to investigate the matter raised by the Deputy and to reply to him directly.

Long-Term Illness Scheme.

Paul Nicholas Gogarty

Question:

256 Mr. Gogarty asked the Tánaiste and Minister for Health and Children if there are plans to include irritable bowel syndrome as an illness under the Long Term and Disability Scheme Health Act 1970, in view of the increasing number of children and teenagers who have been diagnosed with Crohn’s disease or ulcerative colitis. [25058/04]

Under the 1970 Health Act, a health board may arrange for the supply, without charge, of drugs, medicines and medical and surgical appliances to people with a specified condition, for the treatment of that condition under the long-term illness scheme. The conditions are: mental handicap, mental illness, for people under 16 only, phenylketonuria, cystic fibrosis, spina bifida, hydrocephalus, diabetes mellitus, diabetes insipidus, haemophilia, cerebral palsy, epilepsy, multiple sclerosis, muscular dystrophies, parkinsonism, conditions arising from thalidomide and acute leukaemia. There are currently no plans to amend the list of eligible conditions.

Other schemes provide assistance towards the cost of approved drugs and medicines for people with significant ongoing medical expenses. People who cannot, without undue hardship, arrange for the provision of medical services for themselves and their dependants may be entitled to a medical card. Eligibility for a medical card is solely a matter for the chief executive officer of the relevant health board. In determining eligibility, the CEO has regard to the applicant's financial circumstances. Health boards use income guidelines to assist in determining eligibility. However, where a person's income exceeds the guidelines, a medical card may be awarded if the CEO considers that the person's medical needs or other circumstances would justify this. Medical cards may also be issued to individual family members on this basis. Non-medical card holders, and people with conditions not covered under the LTI, can use the drugs payment scheme. Under this scheme, no individual or family unit pays more than €78 per calendar month towards the cost of approved prescribed medicines.

Medical Cards.

Phil Hogan

Question:

257 Mr. Hogan asked the Tánaiste and Minister for Health and Children when a decision will be made on a medical card appeal for a person (details supplied) in County Kilkenny; and if she will make a statement on the matter. [25080/04]

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

Phil Hogan

Question:

258 Mr. Hogan asked the Tánaiste and Minister for Health and Children when a decision will be made on a medical card appeal for a person (details supplied) in County Kilkenny; and if she will make a statement on the matter. [25081/04]

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

Phil Hogan

Question:

259 Mr. Hogan asked the Tánaiste and Minister for Health and Children when a decision will be made on a medical card appeal for persons (details supplied) in County Kilkenny; and if she will make a statement on the matter. [25082/04]

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

ESRI Report.

Caoimhghín Ó Caoláin

Question:

260 Caoimhghín Ó Caoláin asked the Tánaiste and Minister for Health and Children if her attention has been drawn to the recent ESRI report which stated that the health of middle-income persons is suffering due to the fact that they are delaying costly general practitioner visits; the steps she intends to take to ensure that those above the medical card threshold can afford to visit their general practitioner; and if she will make a statement on the matter. [25083/04]

The consultation fees charged by general practitioners to their private patients are a matter of private contract between the doctor as the service provider and the patient as the service user. The Department of Health and Children has no role in this relationship.

As regards the issue raised in the ESRI report in relation to the current income guidelines for medical cards, it is the case that the Government is fully committed to the extension of medical card coverage as set out in the health strategy. This will focus on people on low incomes and will give priority to families with children, particularly those with a disability. The timing of the introduction of the extension will be decided having regard to the prevailing budgetary position.

Hospitals Building Programme.

Paul McGrath

Question:

261 Mr. P. McGrath asked the Tánaiste and Minister for Health and Children when the development control plan for phase 2B of the Midland Regional Hospital at Mullingar was lodged in her Department; if she will make this plan available for review; and the indicative time frame for the implementation of this plan. [25084/04]

Paul McGrath

Question:

262 Mr. P. McGrath asked the Tánaiste and Minister for Health and Children the stages through which the proposed phase 2B of the Midland Regional Hospital at Mullingar must proceed on its progress to the finalisation of this project. [25085/04]

I propose to take Questions Nos. 261 and 262 together.

Having examined the board's stage 2 submission, development control plan, for phase 2B of the Midland Regional Hospital, Mullingar, my Department approved proceeding to stage 3 planning for the project. The stages through which the project must now proceed, to its completion, are stages 3 to 8 inclusive which are as follows: stage 3 — sketch design; stages 4 and 5 — detail design including tender documentation; stage 6 — invitation of tenders-contract award; stage 7 — construction works; and stage 8 — equipping and commissioning. The development control plan was lodged with my Department in early 2004. As the Midland Health Board is the client for the project, a request to view the plan should be addressed to the board. The Department's letter of approval to proceed to stage 3 planning requested the preparation, by the board, of a management plan for all remaining planning stages to tender stage. This management plan, when available, will allow the preparation of a time frame for completion of the project.

Health Board Services.

Bernard J. Durkan

Question:

263 Mr. Durkan asked the Tánaiste and Minister for Health and Children the assistance that can be offered to a person (details supplied) in County Kildare; and if she will make a statement on the matter. [25090/04]

Responsibility for the provision of care and treatment of the named individual rests with the Eastern Regional Health Authority. My Department has therefore asked the regional chief executive to investigate the matter raised by the Deputy and reply to him directly.

Services for People with Disabilities.

Enda Kenny

Question:

264 Mr. Kenny asked the Tánaiste and Minister for Health and Children the plans she has to review the block grant method of annual payment to providers of services to children and adults with disabilities through the health boards; if she is considering making changes to this method of funding such as allocating the funds directly to the individual service user rather than to the service provider; if the multi-annual funding arrangements for services to persons with disabilities will be granted to service providers under a new or the current arrangement; and if she will make a statement on the matter. [25100/04]

Under the recently published Disability Bill 2004, my Department has published an outline sectoral plan in respect of the specific health and personal social services provided for people with disabilities. This is an interim plan designed to encompass a programme of work which is to be undertaken over the next 12 to 18 months. The main aspects of this programme are related to the provisions contained in the Disability Bill 2004, together with a strategic review of the services as a whole.

It is expected that this review will examine the significant level of service provision which is already in place, focusing on specific issues which are of concern to people with disabilities and their families and carers, together with statutory and voluntary bodies in this area, with an opportunity to input into the planning and delivery of services over the coming years.

While the strategic review of services may result in a degree of re-prioritisation of existing resources, it is quite clear, given the identified needs of the various groups within this sector, that an ongoing programme of significant additional investment in these services is required. Recognising this, the Taoiseach has given a commitment to a multi-annual capital and current investment programme in the forthcoming Estimates and budget. Decisions on the investment programme for disability-specific services will be announced as part of that process.

The issues raised by the Deputy will be considered within the context of the programme of work to be undertaken in respect of the outline sectoral plan and the strategic review.

National Disability Authority.

Enda Kenny

Question:

265 Mr. Kenny asked the Tánaiste and Minister for Health and Children when she intends to introduce the national standards for disability services, the final draft of which was passed by the board of the National Disability Authority in September 2004; and if she will make a statement on the matter. [25101/04]

The draft national standards for disability services were received in my Department on last Wednesday and are receiving consideration.

Departmental Correspondence.

Tony Gregory

Question:

266 Mr. Gregory asked the Tánaiste and Minister for Health and Children further to Parliamentary Question No. 387 of 5 October 2004, if, in view of the correspondence (details supplied) which extends from 25 June 2002 to 14 June 2004 from her Department to the person in question, she will have the matter re-examined; and if she will make a statement on the matter. [25102/04]

I regret that, due to an administrative error in my Department, part of my reply to Question No. 387 on 5 October last was incorrect. There has, in fact, been a number of communications between my Department and the persons referred to by the Deputy. However, as I indicated in the previous reply, the clinic in question is privately operated and I have no function in the matter.

Health Insurance.

John McGuinness

Question:

267 Mr. McGuinness asked the Tánaiste and Minister for Health and Children the action she has taken or intends to take arising from the legislation passed in 2003 relating to risk equalisation in the health insurance market; if her Department has had discussions with the Health Insurance Authority regarding the issue; if that body has indicated the action which should be taken in the future; and if she will make a statement on the matter. [25116/04]

Provision for risk equalisation is a feature of the health insurance market following the introduction of the risk equalisation scheme 2003.

Under the Health Insurance Acts and the provisions of the scheme, the Health Insurance Authority has a central and independent role to play in whether or not risk equalisation transfers between insurers are warranted. Participating insurers submit data returns to the authority on a six monthly basis, and the authority analyses these returns to assess the level of risk differential between the insurers.

The risk equalisation scheme provides that: (i) risk equalisation transfers cannot be commenced where the difference in the risk profiles of the insurers is less than 2% of the market equalisation percentage; (ii) risk equalisation transfers can only be commenced with a positive recommendation from the authority where the percentage is between 2% and 10%; and (iii) the Minister is obliged to consult with the authority on a decision to commence risk equalisation where the percentage is greater that 10%.

Furthermore, the scheme provides that, in formulating its recommendation, the authority is to have regard to the best overall interests of health insurance consumers, which concerns both the need to maintain the application of community rating across the market for health insurance and to facilitate competition between insurance undertakings. The authority's first report did not recommend the commencement of transfers, the then market equalisation percentage being 3.7%.

Under the legislative provisions in place, a second report is to be submitted by the authority to me before the end of this month, in relation to its analysis of returns for the period 1 January 2004 to 30 June 2004. Given that the time frame as regards the submission of the authority's report to me is predicated on the level of risk profile differences I can say that the latest report will show a difference of less than 10%. In such circumstances, unless the percentage difference is less than 2%, determination of whether risk equalisation is warranted is a matter, in the first instance, for the authority. The action to be taken by me, if any, would be dependent upon the authority's recommendation.

The question of my Department having discussions with the authority on its recommendation does not arise, given the independent statutory role of the authority.

Health Board Services.

John McGuinness

Question:

268 Mr. McGuinness asked the Tánaiste and Minister for Health and Children if financial assistance or a travel pass will be given to a person (details supplied) in County Kilkenny to enable her to travel to Dublin for cancer treatment for her baby. [25125/04]

The provision of health services for people living in County Kilkenny is a matter for the South Eastern Health Board. My Department has asked the chief executive officer of the board to examine the matter and to reply directly to the Deputy as a matter of urgency.

Medical Cards.

Caoimhghín Ó Caoláin

Question:

269 Caoimhghín Ó Caoláin asked the Tánaiste and Minister for Health and Children the estimated cost of the extension of the general medical services scheme to all persons under 18. [25134/04]

Caoimhghín Ó Caoláin

Question:

270 Caoimhghín Ó Caoláin asked the Tánaiste and Minister for Health and Children the estimated average annual cost to the Exchequer of each medical card issued. [25135/04]

I propose to take questions Nos. 269 and 270 together.

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 include all those aged up to 18 years is in the region of €116 million. This figure relates to fees paid to general practitioners, the costs of drugs and medicines and fees paid to pharmacists. There would also be other associated costs with a medical card such as the dental and ophthalmic schemes. However, this does not take account of any costs, which might result from industrial relations negotiations and any fee increases for the service providers involved.

The 2003 annual report of the GMS payments board indicates that the overall average annual cost of a medical card in respect of general practitioner and pharmacist services provided was €809.48 per person in 2003.

Hospital Services.

Mildred Fox

Question:

271 Ms Fox asked the Tánaiste and Minister for Health and Children if funding will remain in place to help with cochlear implant operations for the many persons who opt for this procedure; and if she will make a statement on the matter. [25141/04]

The national cochlear implant programme, based at Beaumont Hospital, is funded through the Eastern Regional Health Authority, which is charged with responsibility for commissioning health and personal social services on behalf of the population of the region, and also on behalf of those outside the region who are referred for specialist treatment. My Department has, therefore, asked the regional chief executive of the authority to investigate the issue raised and to reply to the Deputy directly.

Health Board Services.

Seán Crowe

Question:

272 Mr. Crowe asked the Tánaiste and Minister for Health and Children her views on whether a lack of funding contributes to the delay in the opening of the new meningitis facilities at Exchange Hall in Tallaght; and if discussions or proposals have been initialised to resolve these difficulties. [25147/04]

Responsibility for the provision of health services to persons residing in Counties Dublin, Kildare and Wicklow rests with the Eastern Regional Health Authority. My Department has, therefore, asked the regional chief executive of the authority to examine this issue and to reply to the Deputy directly.

Finian McGrath

Question:

273 Mr. F. McGrath asked the Tánaiste and Minister for Health and Children if a person (details supplied) will have their application for a grant expedited particularly in relation to the delay. [25155/04]

The provision of health related services, including occupational therapy for people with physical and-or sensory disabilities is a matter for the Eastern Regional Health Authority and the health boards in the first instance. Accordingly, the Deputy's question has been referred to the chief executive officer of the Eastern Regional Health Authority with a request that he examine the matter and reply directly to the Deputy, as a matter of urgency.

Finian McGrath

Question:

274 Mr. F. McGrath asked the Tánaiste and Minister for Health and Children further to Question No. 188 of 9 October 2004 in relation to funding MASC in Galway, if there are plans for further funding in 2004-05; and if she will make a statement on the matter. [25156/04]

My Department does not directly fund health and personal social services to victims of abuse. Moneys are made available each year to the various health boards for the provision of such services.

Hospital Services.

Caoimhghín Ó Caoláin

Question:

275 Caoimhghín Ó Caoláin asked the Tánaiste and Minister for Health and Children the progress that has been made in the development of radiation oncology centres in Dublin, Cork and Galway. [25170/04]

Caoimhghín Ó Caoláin

Question:

277 Caoimhghín Ó Caoláin asked the Tánaiste and Minister for Health and Children if radiation oncology centres will be provided in regions other than those earmarked for Dublin, Cork and Galway, in order that patients do not have to travel 100 miles or further for ongoing treatment; and if she will treat this as an immediate priority. [25172/04]

Brian O'Shea

Question:

310 Mr. O’Shea asked the Tánaiste and Minister for Health and Children her proposals to have the alternative report for radiotherapy submitted by the Cancer Care Alliance (details supplied) considered by Government; and if she will make a statement on the matter. [25492/04]

I propose to take Questions Nos. 275, 277 and 310 together.

The Government is committed to making the full range of cancer services available and accessible to cancer patients throughout Ireland. To this end, we will provide considerable investment in radiation oncology facilities in the coming years. The central aim is to ensure access by cancer patients throughout the country to high quality radiation oncology in line with best international standards.

The Government's policy on radiation oncology are based on the report, The Development of Radiation Oncology Serves in Ireland. The report was prepared by a multi-disciplinary group of experts in radiation oncology, medical oncology, public health and palliative care, including professional and voluntary bodies such as the Irish College of General Practitioners, the Irish Cancer Society and Aid Cancer Treatment. The report has had significant international endorsement from such bodies as the US National Cancer Institute and the American Cancer Society.

Significant progress is being made in implementing the report's recommendations. Approval has issued for the purchase of two additional linear accelerators for the supra-regional centre at Cork University Hospital, CUH, and the necessary capital investment amounting to more than €4 million. Approval has also issued for the appointment of 29 staff for this unit, including two additional consultant radiation oncologists at CUH with sessional commitments to the South Eastern and the Mid-Western Health Boards. Following a three-month commissioning period, the first unit will be ready to treat patients in early 2005. In relation to phase two of the development, the design brief for the expansion to eight linear accelerators was recently submitted by the Southern Health Board to my Department and is currently being examined.

The supra-regional centre at University College Hospital Galway is constructed and the equipment is currently being commissioned. Approval has now issued for the appointment of 102 staff for this unit, including an additional consultant medical oncologist and three consultant radiation oncologists, two of whom have significant sessional commitments to the North Western and the Mid-Western Health Boards. The Western Health Board has been requested to prepare a development control plan to facilitate the expansion from three to six linear accelerators in the medium term. A project team is developing a design brief for this expansion and it is anticipated that it will be submitted to the Department in the near future.

In relation to the Dublin area, six hospitals have now submitted proposals for the development of radiation oncology services. I will be advised by the chief medical officer of my Department on the location of radiation oncology services in the eastern region and by other experts in the area. The chief medical officer will be assisted by a panel of international experts in this regard.

As recommended in the report, the national radiation oncology co-ordinating group has been established. The group comprises clinical, technical, managerial, academic and nursing expertise from different geographic regions. The group's remit encompasses recommending measures to facilitate improved access to existing and planned services, including transport and accommodation. The group will also advise on quality assurance protocols and guidelines for the referral of public patients to private facilities.

Funding of up to €1 million is being made available to develop a national Telesynergy® network for oncology services. The aim of the network is to improve service delivery and efficiency, to better use consultant's time, reduce consultant and patient travel, and support earlier and better diagnosis. Telemedicine is a key enabling technology to improve the networking of radiation oncology centres with outreach hospitals thus supporting expert case review, multi-disciplinary meetings, education and research.

Caoimhghín Ó Caoláin

Question:

276 Caoimhghín Ó Caoláin asked the Tánaiste and Minister for Health and Children her plans for the further development of cancer services in the North Eastern Health Board region. [25171/04]

Since 1997 there has been a cumulative additional investment of approximately €28 million in the development of appropriate treatment and care services in the North Eastern Health Board region, for people with cancer. This investment has enabled the funding of ten additional consultant posts together with support staff in key areas such as medical oncology, haematology, breast surgery and palliative care. The funding has also enabled the appointment of 20 cancer care nurse specialists across the region.

Proposals from the North Eastern Health Board for further developments in cancer services are being considered by my Department in the context of the Estimates for 2005.

Question No. 277 answered with QuestionNo. 275.

Caoimhghín Ó Caoláin

Question:

278 Caoimhghín Ó Caoláin asked the Tánaiste and Minister for Health and Children if she will authorise development of a satellite radiotherapy unit for the south east region. [25173/04]

John Deasy

Question:

296 Mr. Deasy asked the Tánaiste and Minister for Health and Children her position with regard to the provision of a radiotherapy unit at Waterford Regional Hospital; and if she will make a statement on the matter. [25337/04]

I propose to take Questions Nos. 278 and 296 together.

The Government is committed to making the full range of cancer services available and accessible to cancer patients throughout Ireland. To this end, we will provide considerable investment in radiation oncology facilities in the coming years.

In its decision last year on radiotherapy services, the Government remained open to the provision of a "satellite" radiation oncology unit in Waterford. We are determined to deliver enhanced services for the whole population as soon as possible. There is unanimity about the urgent need for significantly enhanced services in the major population centres of Dublin, Cork and Galway. I will keep the question of networked satellite locations under active review.

The immediate developments in Cork and Galway will result in the provision of an additional five linear accelerators. Five additional consultant radiation oncologists are being recruited for this service. These developments will significantly improve access to radiotherapy for patients in the south east and throughout the country.

As recommended in the report, The Development of Radiation Oncology Services in Ireland, the national radiation oncology co-ordinating group, NROCG, has been established. The group comprises clinical, technical, managerial, academic and nursing expertise from different geographic regions. The group's remit encompasses recommending measures to facilitate improved access to existing and planned services, including transport and accommodation. The group is expected to develop proposals in these important areas. The group will also advise on quality assurance protocols and guidelines for the referral of public patients to private facilities.

The NROCG is currently developing a national Telesynergy® network for radiation oncology services. The South Eastern Health Board has advised the Department that a Telesynergy® system should be installed in Waterford Regional Hospital. Arrangements are now being made to install this technology at the hospital which will enable the hospital to develop improved linkages with Cork University Hospital and St. Luke's Hospital, Dublin and reduce patient and consultant travel time.

Health Board Services.

Caoimhghín Ó Caoláin

Question:

279 Caoimhghín Ó Caoláin asked the Tánaiste and Minister for Health and Children if she will immediately allocate resources for designated transport for patients travelling for radiotherapy treatment. [25174/04]

Brian O'Shea

Question:

307 Mr. O’Shea asked the Tánaiste and Minister for Health and Children when she is to receive the recommendations of the National Radiation Oncology Co-ordination Group in regard to the provision of designated transport for cancer patients receiving radiotherapy; and if she will make a statement on the matter. [25489/04]

Brian O'Shea

Question:

308 Mr. O’Shea asked the Tánaiste and Minister for Health and Children when the National Radiation Oncology Co-ordinating Group will report to her with recommendations to facilitate improved access to radiotherapy in regard to designated transport and accommodation; and if she will make a statement on the matter. [25490/04]

I propose to take Questions Nos. 279, 307, and 308 together.

The Government's objective is to provide a model of cancer care which ensures that patients with cancer receive the most appropriate and best quality of care regardless of their place of residence. In order to achieve this objective, an integrated and co-ordinated approach to the allocation of resources for designated transport and accomodation for patients receiving radiotherapy treatment is required.

As recommended in the report, The Development of Radiation Oncology Services in Ireland, the national radiation oncology co-ordinating group has been established. The group comprises clinical, technical, managerial, academic and nursing expertise from different geographic regions. The group's remit encompasses recommending measures to facilitate improved access to existing and planned services, including transport and accommodation. The group has consulted with the Eastern Regional Health Authority and all health boards in relation to the current transport arrangements for radiation oncology patients. The group is expected to develop proposals in this area at its next meeting, which is due to take place in November.

Environmental Issues.

Finian McGrath

Question:

280 Mr. F. McGrath asked the Tánaiste and Minister for Health and Children if her attention has been drawn to the fact that cleaning materials containing bleach and other such substances are not only damaging for the environment but also have a detrimental effect on our health; and if she will make a statement on the matter. [25176/04]

Regulations for the classification, packaging and labelling of cleaning materials, such as those referred to by the Deputy, are a matter for my colleague the Minister for Enterprise, Trade and Employment.

The Health and Safety Authority, HSA, which comes under the aegis of that Department, has advised that the potential health effects of cleaning agents containing bleach are: corrosive, if concentration is greater than or equal to 10%; irritation to the skin and eyes, if the product comes in contact with unprotected skin and eyes; and toxic, the product has the potential to release toxic gas if it comes in contact with acid.

I am advised that most cleaning agents containing bleach, available to the general public, have a concentration of less than 10%.

The HSA has advised that under the European Communities (Classification, Packaging and Labelling of Dangerous Preparations) Regulations 2004 such cleaning materials must carry an appropriate danger symbol, risk phrases and safety phrases. The danger symbol alerts the user of the danger presented, the risk phrases specify the potential effect, and the safety phrases inform the user of the precautions to be taken when using the product.

Persons using such cleaning materials should do so in accordance with the labelling and instructions so as to avoid any significant risk to human health.

Health Board Services.

Bernard Allen

Question:

281 Mr. Allen asked the Tánaiste and Minister for Health and Children the situation regarding the provision of a new health care centre at Glanmire, County Cork; and when funds will be made available for the construction of the centre. [25180/04]

In the first instance, the provision of health centres to meet the needs of local communities and the maintenance and upgrading of such centres within its functional area is a matter for the relevant health board or the Eastern Regional Health Authority. In the case of Glanmire, County Cork, this responsibility rests with the Southern Health Board, SHB.

My Department approved a capital grant of £200,000, almost €254,000, in June 2000 for the purchase of a site for this development. I have been advised by the SHB that the purchase of this site has almost been completed.

My Department will be in a position to consider the question of funding for the design and construction of the proposed development when the SHB has completed the purchase of the site and forward a detailed submission on this project.

Willie Penrose

Question:

282 Mr. Penrose asked the Tánaiste and Minister for Health and Children the number of patients awaiting orthodontic treatment in County Westmeath; the numbers waiting in categories A and B; the average waiting time for treatment; the staffing situation in the county in orthodontics; the plans to correct staff shortages; and if she will make a statement on the matter. [25183/04]

The provision of orthodontic services in County Westmeath is the statutory responsibility of the Midland Health Board in the first instance. Orthodontic information by county is not routinely collected by my Department. Therefore, the chief executive officer of the Midland Health Board has been requested to provide the information requested directly to the Deputy.

Hospital Services.

Brian O'Shea

Question:

283 Mr. O’Shea asked the Tánaiste and Minister for Health and Children the proposals she has to extend services at Waterford Regional Hospital; and if she will make a statement on the matter. [25193/04]

Responsibility for the provision of services at Waterford Regional Hospital is, in the first instance, a matter for the South Eastern Health Board. My Department has, therefore, asked the chief executive officer of the South Eastern Health Board to reply to the Deputy directly on the issue raised.

James Breen

Question:

284 Mr. J. Breen asked the Tánaiste and Minister for Health and Children if an investigation will be carried out into the admission, treatment and death of a person (details supplied) in County Clare; and if she will make a statement on the matter. [25205/04]

The provision of hospital services at the Mater Hospital, Dublin, is a matter for the Eastern Regional Health Authority. I understand that the hospital outlined the position to the Deputy in its letter of 20 August 2004. The hospital has advised that should the family have any matters they wish to clarify or query they should not hesitate to contact the hospital directly.

Health Board Services.

Jack Wall

Question:

285 Mr. Wall asked the Tánaiste and Minister for Health and Children the position of dental and orthodontic care for persons with intellectual disabilities in residential care, in view of the serious concerns expressed in the submission (details supplied) by a family of a person with intellectual disabilities. [25240/04]

Jack Wall

Question:

286 Mr. Wall asked the Tánaiste and Minister for Health and Children the position of persons with intellectual disabilities in residential care who need dental or orthodontic treatment; the position of dental training for such persons if there are dental hygienists involved or engaged by the board in regard to such situations, in view of the concerns of the submissions (details attached); and if she will make a statement on the matter. [25241/04]

I propose to take Questions Nos. 285 and 286 together.

As the Deputy is aware, the provision of dental treatment to patients with special needs is the statutory responsibility of the health boards in the first instance. The question of recruitment of staff, whether medical or dental, and decisions on ensuring a sufficient availability of appropriately trained staff is also a matter for the health boards.

The Deputy may also be aware that the level of dental caries has declined in all socio-economic groups in Ireland. However, it is recognised that children from socially disadvantaged groups and those with disabilities suffer disproportionately from the effects of oral disease. Important steps have already been taken to focus greater attention on developing dental services for people with special needs.

There is significant research under way examining the oral health needs of persons with disabilities. This research is part of the national survey of adult and children's dental health being carried out by health boards, University College Cork and the Department of Health and Children. The outcome of this research will be used in the formulation of a new strategy for the dental services. Ultimately, it will have a major impact on the evolution of dental services in the future.

In 1994, the dental health action plan was agreed which allowed for the reorientation of the dental services towards the provision of structured care for special needs patients. In this regard, health boards have restructured their dental services to give greater recognition to those involved in delivering dental services to persons with special needs.

A grade of senior dental surgeon in special needs duties has been created. The remit of the senior dental surgeon in special needs includes the identification of specific target groups in the community who may have difficulty in gaining access to or accepting oral health care or who may be at greater risk from dental disease or oral dysfunction than the majority of the population. Such target groups include the medically compromised and those with physical and intellectual disabilities. In addition, the senior dental surgeon in special needs is responsible for the prioritisation of the oral health needs of these groups and the supervising of the ongoing training needs of dental staff working with people with special needs.

My Department recognises the importance that leadership in the area of special needs dentistry can bring to the future direction and development of this area. I am pleased to advise the Deputy that the Department has funded the appointment of a professor of special care dentistry at the Dublin Dental School and Trinity College Dublin. A professor for this post has been appointed and is playing a very important role in developing education, training and research in the arena of special care dentistry.

A number of boards refer patients who are medically compromised and who need complex care to specialist dental units in Cork University Hospital and Our Lady's Hospital for Sick Children, Crumlin. In this way, the health boards ensure the welfare and safety of these patients. The Dublin Dental School and Hospital act as a national resource for health board and general practice dentists for the referral of patients who require specialist treatments that dentists cannot provide. The school and hospital have service agreements with a range of agencies to provide specialist care services and these play an important role in specialist-consultant training programmes, as well as delivering specialist care for patients. At the Cork Dental School and Hospital, senior staff including specialists in paediatric dentistry provide an important consultant service within their area of specialisation.

The health strategy 2003 envisages a health system that is accessible and fair and that empowers the community to achieve its full oral health potential. Embracing this vision means participating in a system that is equitable, people-centred and responsive to the needs of the individual. These equity and people-centred visions foster a culture of removing barriers to health care for people with disabilities. The strategy declared that "A special needs based approach will be taken to developing dental services over the next five to seven years". Consequently, greater attention will be focused on developing dental services for people with special needs at national and regional level over the next four to six years. Ultimately, building on steps already taken in this important area will be a priority.

Hospital Services.

Dan Neville

Question:

287 Mr. Neville asked the Tánaiste and Minister for Health and Children when a pre-waiting list appointment will be made to a person (details supplied) in County Limerick for the Mid-Western Orthopaedic Hospital, Croom. [25265/04]

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

Medical Cards.

Dan Neville

Question:

288 Mr. Neville asked the Tánaiste and Minister for Health and Children when a medical card will be made available to a person (details supplied) in County Laois from the Midland Health Board. [25266/04]

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

Hospital Services.

Dan Neville

Question:

289 Mr. Neville asked the Tánaiste and Minister for Health and Children when an ear, nose and throat consultation will be available for a person (details supplied) at the Mid West Regional Hospital, Dooradoyle, Limerick. [25267/04]

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

Health Levy.

Richard Bruton

Question:

290 Mr. R. Bruton asked the Tánaiste and Minister for Health and Children the total receipts from the health levy in each year since 1997, including her estimate for 2004 based on the returns for the year to date. [25281/04]

The amount received by my Department in respect of health contributions for each year since 1997 is set out in the following table.

Year

€ million

1997

290.623

1998

360.620

1999

539.051

2000

679.592

2001

723.395

2002

751.273

2003

855.938

2004 to date

635.479.

The 2004 estimated receipt from health contributions, as published in the 2004 revised Estimates volume, is €897.005 million. Health contributions are paid to my Department by the Department of Social and Family Affairs in respect of employees and by the Revenue Commissioners in respect of the self-employed. A total of €261.526 million, or 29% of the original Estimate, is required from these sources by year end to meet the original estimated figure. A projection to year end, based on receipts to date, would indicate a possible surplus on the original published Estimate, should the trends to date continue.

Hospital Services.

Seamus Healy

Question:

291 Mr. Healy asked the Tánaiste and Minister for Health and Children when she intends to approve the proposal by the South Eastern Health Board to open a 20 bed general practitioners assessment unit to be located in the main building at Our Lady’s Hospital, Cashel; and if she will make a statement on the matter. [25289/04]

The provision of health services in Cashel is the responsibility of the South Eastern Health Board in the first instance. Officials of my Department have had discussions with the board with regard to the issue raised by the Deputy. Further consideration will be given to the matter in the context of the Estimates process for 2005.

Seamus Healy

Question:

292 Mr. Healy asked the Tánaiste and Minister for Health and Children when she intends to approve funding for the opening of the completed health care units (details supplied) at Our Lady’s Hospital, Cashel, including funds for equipping and staffing; and if she will make a statement on the matter. [25290/04]

Officials of my Department have had discussions with the South Eastern Health Board on the issue raised by the Deputy. Further consideration will be given to the matter in the context of the Estimates process for 2005.

Health Board Services.

Seamus Healy

Question:

293 Mr. Healy asked the Tánaiste and Minister for Health and Children the number of home help and home case attendant hours provided by the South Eastern Health Board in the south Tipperary community care area in each of the years 2001, 2002 and 2003. [25291/04]

As the Deputy is aware, the provision of health services in the south Tipperary community care area is, in the first instance, the responsibility of the South Eastern Health Board. My Department has, therefore, asked the chief executive of the board to investigate the matter raised by the Deputy and reply directly to him as a matter of urgency.

Medical Cards.

Michael Ring

Question:

294 Mr. Ring asked the Tánaiste and Minister for Health and Children if a person who is the holder of a medical card, during an emergency at night is visited by a member of the Westdoc team, if the person has to pay the doctor; the position in relation to emergency call out charges to medical card holders by Westdoc ; if money has to be paid for the visit; the way in which a person can get a refund of his or her money. [25332/04]

A medical card holder is entitled to consultations and a range of agreed services free of charge from his or her designated general practitioner. This is the situation whether the services are provided in the surgery during normal surgery hours, in the patient's home or elsewhere provided by that general practitioner or a locum or deputy acting in his or her place at any time. Clinical decisions as to whether a domiciliary visit is warranted are a matter for the doctor involved and the symptoms of the presenting patient.

If the Deputy is aware of a particular case where a medical card holder has been asked for payment, I would be happy to have the matter investigated with the Western Health Board, upon receipt of the relevant details.

Hospital Services.

Michael Ring

Question:

295 Mr. Ring asked the Tánaiste and Minister for Health and Children when a person (details supplied) in County Mayo will be called for a hip operation. [25333/04]

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

Question No. 296 answered with QuestionNo. 278.

Medical Cards.

John Deasy

Question:

297 Mr. Deasy asked the Tánaiste and Minister for Health and Children the plans she has to raise the medical card income limits; and if she will make a statement on the matter. [25339/04]

The Government is fully committed to the extension of medical card coverage, as set out in the health strategy. This will focus on people on low incomes. The timing of the introduction of the extension will be decided having regard to the prevailing budgetary position.

Income guidelines are drawn up each year by the health board or authority chief executive officers to assist in the determination of a person's eligibility for a medical card and these are revised annually in line with the consumer price index, CPI. The last such increase was notified in January 2004. Health board chief executive officers have discretion with regard to the issuing of medical cards and a range of income sources are excluded by the boards when assessing medical card eligibility. Despite someone having an income that exceeds the guidelines, a medical card may still be awarded if the chief executive officer considers that a person's medical needs or other circumstances would justify this. It is open to all persons to apply to the chief executive officer of the appropriate health board for health services if they are unable to provide these services for themselves or their dependants without hardship.

The health strategy includes an entire series of initiatives to clarify and expand the existing arrangements for eligibility for health services, including recommendations arising from the review of the medical card scheme carried out by the health board chief executive officers under the Programme for Prosperity and Fairness. There are recommendations to streamline applications and improve the standardisation of the medical card applications process to ensure better fairness and transparency, to provide clearer information to people about how and where to apply for medical cards, and to proactively seek out those who should have medical cards to ensure they have access to the services that are available.

In addition, my Department is committed to the preparation of new legislation to update and codify the whole legal framework for eligibility and entitlements in regard to health services.

Health Board Services.

Ciarán Cuffe

Question:

298 Mr. Cuffe asked the Tánaiste and Minister for Health and Children if a block grant might be made available to a school (details supplied) in County Dublin which caters for the needs of those with terminal dementia. [25391/04]

As the Deputy is aware, the provision of health services in south County Dublin is, in the first instance, a matter for the East Coast Area Health Board under the aegis of the Eastern Regional Health Authority. My Department has been informed by the East Coast Area Health Board that St. Joseph's Centre is owned and operated by the Hospitaller Order of St. John of God and that services including extended care, respite care and day care for older people, especially those with dementia related conditions or illnesses, are provided at the centre. The question of funding for services at St. Joseph's Centre is a matter for the area board having regard to meeting increased demands for services within the board's revenue allocation as notified in the letter of determination. This is in keeping with the provisions of the Health (Amendment)(No. 3) Act 1996.

Bernard Allen

Question:

299 Mr. Allen asked the Tánaiste and Minister for Health and Children the reason for the long delay in sanctioning the go ahead for a day care centre (details supplied) in County Cork; and when she will be in a position to sanction the commencement of the project which has been waiting for more than 15 years. [25392/04]

As the Deputy is aware, responsibility for the provision of health services in County Cork rests with the Southern Health Board in the first instance. The board has advised my Department that it purchased a site from Cork City Council for the construction of a new day care centre for older people and a family resource centre. My Department has received stage two documentation from the board with regard to these projects. My Department, by letter dated 12 October 2004, has given approval to the board to proceed to stage three of the planning process and to lodge a full planning application for planning permission to Cork County Council.

The board has identified the need for a new day care centre for older people as one of its priorities for capital funding and it has confirmed that this project needs to proceed in tandem with the provision of a family resource centre on the site. My Department will continue to liaise with the board with regard to these projects in line with the board's priorities for capital investment and having regard to resources available to my Department under the capital investment framework 2004-08.

Hospital Services.

Liz McManus

Question:

300 Ms McManus asked the Tánaiste and Minister for Health and Children the situation regarding Letterkenny General Hospital; and if she will make a statement on the matter. [25398/04]

Responsibility for the provision of services at Letterkenny General Hospital rests with the North Western Health Board. In July 2003, approval was given to the board to proceed with the planning of an extension to the accident and emergency department at the hospital. The board appointed a design team to carry out an option appraisal and feasibility study to determine the preferred location for the facility on the hospital site. The study, which examined eight options, was recently completed and submitted to my Department seeking approval for the preferred location. The proposal is being examined with a view to granting approval to the appointment of a design team to the project.

Medicinal Products.

Seán Haughey

Question:

301 Mr. Haughey asked the Tánaiste and Minister for Health and Children if she has considered the reason certain drugs and medicines are much cheaper to buy in other EU countries such as Spain; if action can be taken to address this situation; and if she will make a statement on the matter. [25408/04]

Through their national reimbursement schemes, EU member states are the main purchasers of medicines in their domestic markets. They naturally seek to control drug prices but the extent of this control varies widely. Countries with higher prices, such as the UK and Germany, rely more on market forces to set prices. Spain, on the other hand, closely regulates and controls prices. Ireland's pricing policy is somewhere in the middle of the European league as, with its relatively small market, it must seek to balance value for money in State drug spending with reliability and continuity of supply for essential products.

Price comparison in different markets is difficult. Patent protection is well established in Ireland, as elsewhere, and allows originator companies exclusive rights to the market for ten years for new medicines. In Spain, until 1992 there was no intellectual property protection for medicines and no patent protection for new products. This has kept prices down but may change with patent and intellectual property exclusivity, although the long lead-in time for product development and patenting will inevitably delay this. In addition, some products that are prescription-only in Ireland are available without prescription in Spain. While the removal of prescription status for certain products may produce lower prices in Ireland, these products would no longer be reimbursed by the State.

My Department is currently examining a range of policy options with regard to pharmaceutical expenditure, including increased use of generic medicines, pricing and reimbursement structures for the community drug schemes, and pharm-acoeconomic assessment of reimbursable medicines.

Services for People with Disabilities.

Seán Ryan

Question:

302 Mr. S. Ryan asked the Tánaiste and Minister for Health and Children if she will report on the needs of a person (details supplied) in County Dublin; and if this person’s requirements will be met as a matter of urgency. [25409/04]

The provision of health related services for people with physical and-or sensory disabilities is a matter for the Eastern Regional Health Authority and the health boards in the first instance. Accordingly, the Deputy's question has been referred to the chief executive officer of the Eastern Regional Health Authority with a request that he examine the matter and reply directly to the Deputy, as a matter of urgency.

Hospital Waiting Lists.

Seán Crowe

Question:

303 Mr. Crowe asked the Tánaiste and Minister for Health and Children the steps she proposes to take in order to reduce the waiting time it takes for a public patient to see a consultant (details supplied). [25460/04]

In accordance with health strategy objectives, the Government's immediate focus is on the reduction of waiting lists and waiting times for inpatient and day case treatments in acute hospitals. This is being particularly facilitated by the national treatment purchase fund, NTPF. The NTPF has reported that waiting times have fallen significantly, with 37% of patients now waiting between three and six months and 43% waiting between six and 12 months for surgery. Some 80% of patients now wait less than one year for surgical treatment. This represents a major reduction in the length of time patients have to wait. The NTPF has been successful in arranging treatments for approximately 19,000 patients up to the end of September 2004. It is now the case that, in most instances, anyone waiting more than three months will be facilitated by the fund.

Responsibility for the management and monitoring of patients waiting for outpatient appointments rests with the individual hospitals and health boards concerned. It is a matter for each hospital to prioritise its services based on patient need and use its available resources to best effect to ensure that patient services are delivered efficiently and effectively.

Influenza Vaccine Provision.

John Gormley

Question:

304 Mr. Gormley asked the Tánaiste and Minister for Health and Children the steps which have been taken to deal with a possible influenza outbreak; if flu vaccine is available and the persons who can avail of it; if the flu vaccine is effective against all forms of influenza; and if she will make a statement on the matter. [25461/04]

Influenza is an acute viral respiratory illness. It is characterised by the sudden onset of symptoms, which include a temperature of 38° Celsius or more with a dry cough, headache, sore muscles and sore throat. The cough is often severe and protracted, but otherwise the disease is self-limiting. While those who are in good health usually recover from influenza in two to seven days, there are others for whom the disease is much more severe. In those with underlying diseases, especially the elderly, complications are common and hospitalisation rates are high.

Many respiratory diseases occur every winter but influenza is one of the most severe. There are three types of influenza virus, A, B and C. Influenza A and influenza B cause the majority of infections, with influenza A generally causing the most severe form of the disease. The third type, influenza C, is rarely reported as a cause of human illness.

Constant genetic changes in influenza viruses mean that the vaccines' virus composition must be adjusted annually to include the most recent circulating influenza A(H3N2), A(H1N1) and influenza B viruses. The WHO's global influenza surveillance network writes the annual vaccine recipe. The network, a partnership of 112 national influenza centres in 83 countries, is responsible for monitoring the influenza viruses circulating in humans and rapidly identifying new strains. Based on information collected by the network, the WHO recommends annually a vaccine that targets the three most virulent strains in circulation.

On 13 February 2004, the WHO published its recommendation on the composition of influenza vaccines for use in the 2004-05 northern hemisphere influenza season. The recommendation was as follows:

A/New Caledonia/20/99(H1N1)-like virus

A/Fujian/411/ 2002(H3N2)-like virus*

B/Shanghai/361/2002-like virus**

*The currently used vaccine virus is A/Wyoming/3/2003. A/Kumamoto/102/2002 is also available as a vaccine virus.

**Candidate vaccine viruses include B/Shanghai/361/2002 and B/Jilin/20/2003, which is a B/Shanghai/361/ 2002-like virus.

The National Disease Surveillance Centre, NDSC, in partnership with the Irish College of General Practitioners, ICGP, and the Virus Reference Laboratory, VRL, have established a network of computerised general sentinel practices which report on a weekly basis the number of patients seen with influenza-like illness. As there is little difference in the presenting symptoms of a number of respiratory pathogens, virological confirmation is required to identify that influenza is the causative agent. The VRL can detect and identify if influenza A and-or B viruses are circulating. Following collection of the data, a weekly influenza report is compiled by the NDSC. Reports of influenza activity in Europe and worldwide are also provided as part of the overall monitoring of influenza activity. The report is produced every Thursday throughout the influenza season, which runs from October to May.

The first report for this season was published on 7 October and stated that influenza activity was at a low level in Ireland. The second report published on 14 October noted that influenza activity remained at low levels. One case of influenza A virus was reported in the first week, the only case of influenza reported so far this winter.

The impact of the influenza vaccine in reducing mortality from influenza in older people is well documented. Protection lasts about one year and, therefore, it is important that individuals who are at risk of contracting influenza are vaccinated annually against the current strains. Notwithstanding a problem with one supplier that affected supplies worldwide, ample supplies of flu vaccine have been secured for Ireland. Some 200,000 doses of flu vaccine were distributed around the country in early September, a further 192,680 doses were distributed during the first week in October and another 200,000 doses will be delivered later this month. This compares favourably with last year when approximately 470,000 doses of vaccine had been distributed by the middle of November.

The vaccine is available free of charge from general practitioners to medical card holders who are deemed to be at risk of serious illness as a result of contracting the disease. Persons in the at risk group who do not have a medical card can obtain the vaccine free of charge. However, the fee for administering the vaccine in such cases is a matter between the general practitioner and the patient. The at risk group includes persons aged 65 years or older, those with specific chronic illness such as chronic heart, lung or kidney disease, and those with a suppressed immune system. For persons in the at risk group, complications arising from influenza such as pneumonia are common and can be fatal, particularly in the elderly.

My Department asked health boards on 23 September last to advise general practitioners to concentrate their efforts on ensuring that patients at greatest risk receive priority vaccination. A national and local media campaign is planned by the Health Boards Executive to take place at the beginning of November in order to remind those who are in the at risk group and who have not yet received the vaccine to do so immediately.

Hospital Services.

Michael Ring

Question:

305 Mr. Ring asked the Tánaiste and Minister for Health and Children if a person (details supplied) in County Mayo will be provided with dialysis in Mayo General Hospital. [25462/04]

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

Medical Cards.

Brian O'Shea

Question:

306 Mr. O’Shea asked the Tánaiste and Minister for Health and Children the proposals she has to restore medical cards to the 4,723 persons in County Waterford who lost their medical card between January 1997 and September 2004; and if she will make a statement on the matter. [25488/04]

The determination of eligibility of applications for medical card is a matter covered by legislation for the chief executive officer of the relevant health board. Assessment of eligibility is based upon the applicant's income and his or her medical need. In cases of refusal, applicants have the right of appeal and are normally advised of this by their local health board.

Generally, the reduction in recent years in the number of medical cards may be attributed to the increase in the number of people in employment and the improved economic situation nationally. Another factor which affects this area is the review by health boards of medical card databases. Since 2003, this has led to 80,000 inappropriate database entries being removed from these databases. Reasons for deletions included duplicate entries, change of address, cases where the medical card holder is deceased and ineligibility due to changed circumstances.

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

Questions Nos. 307 and 308 answered with Question No. 279.
Question No. 309 answered with QuestionNo. 253.
Question No. 310 answered with QuestionNo. 275.

Hospital Services.

Paul Connaughton

Question:

311 Mr. Connaughton asked the Tánaiste and Minister for Health and Children the position concerning the proposed new community hospital for Tuam, County Galway; her views on whether a community hospital in Tuam is seen by her Department as being of great strategic value in the delivery of a better hospital and medical service to the people of Tuam and the outlying areas; her further views on the construction of the community hospital in Tuam; and if she will make a statement on the matter. [25551/04]

As the Deputy is aware, responsibility for the provision of health services in County Galway rests with the Western Health Board in the first instance. The board has identified the need for a new community hospital in Tuam as one of its priorities for capital funding. My Department will continue to liaise with the board with regard to this project in line with the board's priorities for capital investment and having regard to resources available to my Department under the capital investment framework 2004-08.

Liz McManus

Question:

312 Ms McManus asked the Tánaiste and Minister for Health and Children if her attention has been drawn to the resignation of two high profile nurses from the renal team at Our Lady’s Hospital, both citing frustration with the lack of support from hospital management; if the hospital will have recruited a replacement nurse before the renal CNS has reached the end of his or her notice period; the reason the new renal ward has not yet opened; her views on whether it is appropriate that a renal patient should have to share a room with three other patients when dialysis should be carried out under aseptic conditions; her further views on whether it is acceptable that a parent must ask visitors with a patient in the cot next to the parent’s child to move to enable the parent to set up their child’s dialysis and then queue to use the only sink in the ward; if, in the planning for the Nazareth ward’s long-term closure, a risk assessment was carried out for this interim set up; if there is an up to date safety statement taking into account the new use of this space; and if she will make a statement on the matter. [25556/04]

Services at Our Lady's Hospital for Sick Children, Crumlin, are provided under an arrangement with the Eastern Regional Health Authority. My Department has, therefore, asked the regional chief executive of the authority to examine the issues raised and to reply to the Deputy directly.

Compensation Payments.

Olivia Mitchell

Question:

313 Ms O. Mitchell asked the Tánaiste and Minister for Health and Children the action she is proposing in order to compensate women damaged by a person (details supplied), the vast majority of whose cases are now statute barred. [25674/04]

I am aware that one of the claims referred to by the Deputy was found to be statute barred by the Supreme Court. However, I have been given no information on the implications of the Supreme Court decision in this case, or any other cases. In the absence of this information, I am not in a position to make any further statement on the matter at this stage.

National Health Strategy.

Finian McGrath

Question:

314 Mr. F. McGrath asked the Tánaiste and Minister for Health and Children if she will include the CORI justice commission policy recommendations (details supplied) in all policy areas within her Department. [25736/04]

I am aware of the policy recommendations to which the Deputy refers, which cover a range of health issues. The Deputy is aware that the national anti-poverty strategy, NAPS, targets to reduce health inequalities were included in the Government's review of the NAPS — Building an Inclusive Society — and have subsequently been subsumed into the national action plan against poverty and social exclusion 2003-05. This latter plan is now an EU requirement under the Lisbon Agenda. The targets to reduce health inequalities have been taken on board in the national health strategy, Quality and Fairness — A Health System for You. They cover both health status issues, such as reducing differences between socio-economic groups in premature mortality, as well as health care issues such as improved respite care for people with disabilities. A range of initiatives are under way to implement the targets and my Department has forwarded a report on these to the Office for Social Inclusion for inclusion in its annual report. I understand this report will be published in November by the Minister for Social and Family Affairs who has lead responsibility for the NAPS.

The latest information on medical card coverage is that for September 2004. There were 768,895 cards, covering 1,151,106 persons, or 29.39% of the population, in existence at that time. It should be noted that the upward trend in the population may marginally affect the 2004 percentage over time. The Government is fully committed to the extension of medical card coverage, as set out in the health strategy. This will focus on people on low incomes and will give priority to families with children, particularly those with a disability. The timing of the introduction of the extension will be decided having regard to the prevailing budgetary position. In addition, the Department of Health and Children is committed to the preparation of new legislation to update and codify the entire legal framework for eligibility and entitlements in regard to health services.

The policy of my Department with regard to the care of older people is to maintain them in dignity and independence in their own homes for as long as possible, in accordance with their wishes. Numerous research studies have shown that the vast majority of older people have a preference to remain living in their own homes for as long as possible rather than moving into long stay residential care. My Department has been encouraging the Eastern Regional Health Authority and the health boards to develop personal care packages for older people as an alternative to long stay residential care. Personal care packages are specifically designed for the individual concerned and could possibly include the provision of a home help service, home subvention payments, arrangements for attendance at a day centre or day hospital and other services such as twilight nursing. Personal care packages allow older persons the option of remaining living in their own homes rather than going into long stay residential care. In addition, the authority and the health boards provide respite care for older people, a service which is seen as an integral part of the community support services which are being developed to support older people living in the community.

In line with a Government decision, an expenditure review of the nursing home subvention scheme was undertaken by the Department of Health and Children in association with the Department of Finance. The review was carried out by Professor Eamon O'Shea and the objectives of the review were, inter alia, to examine the objectives of the nursing home subvention scheme and the extent to which they remained valid, to assess the service delivered and to establish what scope, if any, existed for achieving the programme objectives by other more efficient and effective means. Professor O’Shea’s report, Review of the Nursing Home Subvention Scheme, was launched in June 2003 simultaneously with the Mercer report, Study on the Future Financing of Long-Term Care in Ireland, which was commissioned by the Department of Social and Family Affairs.

My Department has established a working group comprising all stakeholders to review the operation and administration of the nursing home subvention scheme following on from the publication of the O'Shea report. The purpose of the review is to develop a scheme which will be transparent, offer a high standard of care for clients, provide equity within the system to include standardised dependency and means testing, be less discretionary, provide both a home and nursing home subvention depending on need, be consistent in implementation throughout the country and draw on experience of the operation of the old scheme. The working group has received both oral and written submissions from a number of interested parties. Issues such as how the scheme is administered are being examined as part of the review.

The expert group on mental health policy was established by the Minister of State, Deputy Tim O'Malley, in August 2003, to prepare a national policy framework for the further modernisation of the mental health services, updating the 1984 policy document, Planning for the Future. The future direction and delivery of all aspects of our mental health services, including those referred to by the Deputy, will be considered in the context of the work of the group. It is expected that the expert group will report in 2005.

The Child Care Act 1991 has been fully implemented since the end of 1996. Section 11 of the Children Act 2001, establishing the special residential services board on a statutory basis, was commenced in November 2003. Sections 2 and 3 of the Children Act 2001, concerning family welfare conferencing, special care and the regulation of private fostering, were commenced towards the end of September 2004. Approximately €230 million has been invested in the development of child welfare, protection and family support services since 1991. Further development of child care and in particular family support and early intervention services will be considered in the light of any additional resources available in 2005.

With regard to respite care, there was an increase of 255% in the number of people with disabilities, an additional 445 people, who received service based respite care between 2001 and 2002, the latest year for which figures are available.

The health promotion unit in my Department is leading a wide range of strategic initiatives in areas such as smoking and alcohol — lifestyle issues which are related to many non-communicable diseases, for example, cardiovascular disease and cancer. Work on smoking cessation in recent years has resulted in a 1% drop in the prevalence of adult smoking per year. Advertisements on public awareness of passive smoking, on foot of the workplace smoking ban, started during 2004. These advertisements direct smokers to the national smokers quitline where they receive support in their efforts to quit smoking. The strategic task force on alcohol, STFA, has published two reports, the second of which is being brought to Government. The two reports contain approximately 100 recommendations involving many different sectors, target groups and environments. The health promotion unit will build on these and other strategic initiatives in the coming year.

The four key principles underpinning the Government's national health strategy — Quality and Fairness, a Health System for You — are equity and fairness, a people-centred service, quality of care and clear accountability. The health service reform programme is the framework for the modernisation of the health service and the achievement of the goals and objectives of the health strategy. The annual report of the Department of Health and Children sets out progress over 2003 in respect of each of the 121 action points contained in the health strategy action plan. To date, work has commenced on 88% of the 121 actions set out in the strategy.

The Minister for Health and Children convenes a national consultative forum on an annual basis to comment on progress in the implementation of the health strategy, emerging trends and future priorities, including the health reform programme. It is intended to convene a meeting of this forum next month.

Tax Code.

Phil Hogan

Question:

315 Mr. Hogan asked the Minister for Finance the way in which the decision made in the Finance Act 2004 to reduce benefit-in-kind to workers will be implemented; if this decision will be phased; and if he will make a statement on the matter. [25014/04]

I assume the Deputy is referring to the recent changes applying PAYE to benefits-in-kind, BIK, introduced with effect from 1 January 2004 and for which legislative provision was made in the Finance Acts 2003 and 2004 and the Social Welfare Acts 2003 and 2004. The intention of the new system is to ensure that generally all remuneration, in whatever form, is treated in the same way for income tax, PRSI and health levy purposes. Treating benefits in the same way and subjecting them to the same rules as normal wages and salaries under PAYE has introduced a greater degree of equity into the system.

I understand the Deputy has a specific interest in the tax treatment of health care benefits paid for by employers on behalf of employees and, in particular, the cost of medical check-ups and health insurance costs. There has been no change in the tax treatment of either of these benefits in that both would always have been taxable. However, under the new arrangements, PRSI and health levy also apply. Tax relief can be claimed on the cost of health insurance premiums. With regard to medical check-ups, the position is that the provision of medical check-ups which employees are required to undergo by their employer is not regarded as a taxable benefit. However, routine medical check-ups, paid for but not required by the employer, are treated as giving rise to a taxable benefit.

Billy Timmins

Question:

316 Mr. Timmins asked the Minister for Finance the position with regard to a person (details supplied) in County Wicklow who is still waiting for a tax refund for 2003 and 2004; if this can be issued as a matter of urgency; and if he will make a statement on the matter. [25055/04]

I am advised by the Revenue Commissioners that the refund is being withheld as the taxpayer has not complied with preliminary tax requirements, that is, preliminary income tax 2003 which was due on 31 October 2003 is outstanding.

Disabled Drivers.

Enda Kenny

Question:

317 Mr. Kenny asked the Minister for Finance the recommendations of the ten made by the interdepartmental review group on the disabled drivers and disabled passengers tax concessions scheme that have been accepted by his Department; those which have been implemented to date; the timeframe for implementation of the remaining recommendations; and if he will make a statement on the matter. [25096/04]

The report of the interdepartmental review group sets out in detail the genesis and development of the disabled drivers and disabled passengers tax concessions scheme including the current benefits, the Exchequer costs, the various requests to broaden the eligibility criteria and various recommendations for changes to the scheme.

Following on from two of the report's recommendations concerning the appeals process, amendments to the regulations governing the scheme were drafted to improve the operation of the medical appeals board. These were signed by the Minister for Finance on 23 July 2004. The amendments provide for changes to the existing regulations by expanding the panel of medical practitioners serving on the medical board of appeal from three to five. They also amend the appeals process by introducing a six-month waiting period between an appeal and a subsequent application and by introducing the requirement for a second or subsequent application to be certified by a registered medical practitioner to the effect that there has been material disimprovement in the medical condition of the appellant since the previous application.

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

Departmental Properties.

Tony Gregory

Question:

318 Mr. Gregory asked the Minister for Finance, further to Question No. 216 of 12 February 2002, if he will list the items stolen or removed without authorisation; if any of them have since been recovered; the steps that were taken to bring about their recovery; and if he will list any additional items stolen since then from State or semi-State property. [25097/04]

The information the Deputy requires will take some time to prepare. I will communicate the information requested by the Deputy as soon as it is to hand.

Tax Collection.

Richard Bruton

Question:

319 Mr. R. Bruton asked the Minister for Finance the number of companies paying corporation tax in each year since 1997 and the forecast for 2004; and the corporation tax paid and the distribution of companies and revenue between foreign-owned and domestic companies and between companies traditionally eligible for the 10% rate and the standard rate for tax paying companies. [25133/04]

The number of companies which indicated on their tax return forms that they were liable to pay corporation tax for each of the years from 1997 to 2002 is set out below. I am informed by the Revenue Commissioners that statistics on the amount of corporation tax paid by foreign-owned companies are not separately available. However, data can be derived from corporation tax returns on the percentage of corporation tax liability attributable to companies taxed wholly or partly at the reduced rate of 10%. This information, which is available for accounting periods ending between 1 April 1997 and 31 December 2002, the latest available, is as set out below.

Year Ending

All Liable Companies

Number of Companies with 10% relief

Tax Liability of Companies with 10% relief

Other Liable Companies

Tax Liability of other Liable Companies

€m

€m

31 March 1998

28,980

5,680

1,431

23,300

1,079

31 March 1999

31,900

5,800

1,818

26,100

1,428

31 March 2000

33,720

5,790

2,185

27,930

1,648

31 March 2001

38,730

5,620

2,716

33,110

1,737

31 December 2001

41,620

5,220

2,521

36,400

1,611

31 December 2002

46,300

5,290

2,545*

41,010

1,627*

*Breakdown figures are subject to revision.

The figures shown as the corporation tax liability of companies qualifying for the 10% relief reflect the total tax liability of these companies on all their profits, including those profits taxed at other rates. It is not possible to isolate the tax attributable solely to the effective 10% rate in such cases because certain reliefs relating to income liable for tax at both the standard and reduced rates are set off against the overall tax liability after the relief at 10% has been computed. The budget forecast for corporation tax receipts for the year 2004 is €5.384 billion.

Public Service Recruitment.

Paul Kehoe

Question:

320 Mr. Kehoe asked the Minister for Finance the jobs which are available or will become available with the OPW in County Wexford; and if he will make a statement on the matter. [25139/04]

One position of general operative will be filled shortly at the JFK Arboretum near New Ross. A proposal to fill three positions based at the OPW's south-eastern drainage office in Castlebridge is under consideration. Guides or information officers for built heritage sites such as Ballyhack Castle, Ferns Castle, JFK Arboretum and Tintern Abbey are recruited annually for the relevant visitor season.

National Parks.

Eamon Ryan

Question:

321 Mr. Eamon Ryan asked the Minister for Finance if there are proposals to reduce the amount of traffic going through the Phoenix Park, reduce traffic speeds in an area of the park or change the flow of traffic to try and create areas which are free of traffic. [25159/04]

The principle governing the management of the Phoenix Park is its conservation and presentation as a national historic park. The issue of traffic is a major problem with more than 30,000 cars using the park each day. While recognising that the elimination of all through traffic is not a realisable objective in the short to medium term, measures have been or are about to be put in place to manage traffic in the park.

The safety of all park users has been paramount in the preparation of a plan for the renovation of Chesterfield Avenue. This has been developed in consultation with the Dublin Transportation Office and will involve a variety of traffic calming measures having regard to the special character of the park. The proposed scheme will encompass the construction of a roundabout at Mountjoy Cross and the introduction of traffic calming and a pedestrian priority area in the vicinity of Dublin Zoo. As an interim measure, extensive works have been undertaken this year to improve the surface of Chesterfield Avenue and some minor roads while further works of this nature are expected to commence shortly.

A number of minor roads, including the Khyber Road, Odd Lamp Road, Furze Road, Spa Road and Furry Glen Road, have been closed to through traffic in recent years. Furthermore, policy has been in place to facilitate recreational cyclists in the park and dedicated cycle paths have been provided in recent years to encourage this. Plans have been drawn up to introduce a one-way system between the Ashtown and Cabra gates and the Garda Síochána is being consulted about this proposal.

The responsibility for enforcing the speed limit lies with the Garda Síochána and officials of the Office of Public Works consult closely with gardaí with a view to controlling traffic speeds at certain locations. Arrangements are being made to install 11 speed ramps on the Back Road or North Road in the vicinity of the Phoenix Park School, the rear entrance to Áras an Uachtaráin and near Cabra Gate.

Tax Code.

Brian O'Shea

Question:

322 Mr. O’Shea asked the Minister for Finance the proposals he has to grant tax free allowances to unmarried partners who are in stable relationships, as are presently enjoyed by married couples; and if he will make a statement on the matter. [25188/04]

Married couples living together may opt for joint assessment where they may transfer unused credits and bands between spouses, subject to certain restrictions. The restrictions relate to the employee credit which is allocated on an individual basis and is non-transferable and to transferability of the standard rate band for a married couple which is limited to €37,000. The majority of married couples opt for joint assessment because the transferability between them means it can be more advantageous to them than treatment as two single persons. Within joint assessment, a married couple may opt for separate assessment. Under this option they will be treated as single persons but their combined tax bill will be the same as under joint assessment. Couples may also elect for assessment as single persons where each spouse is taxed on his or her own income, each receives the credits and the standard band due to a single person and there is no transferability of unused credits and bands. As regards other taxes, a spouse may receive gifts and inheritances from the other spouse without paying capital acquisitions tax, CAT. There are also certain exemptions for married couples in the capital gains tax and stamp duty codes.

Generally speaking, the tax system treats members of co-habiting couples as separate and unconnected individuals. Each partner is a separate entity for tax purposes and credits, bands and reliefs cannot be transferred from one partner to the other. The home carer's credit may not be claimed by cohabiting couples as the credit is restricted to married persons who are jointly assessed for tax. It should be noted that a man and woman living together as man and wife are specifically excluded by the tax code from entitlement to the one-parent family tax credit.

For CAT purposes, the members of co-habiting couples are treated as unrelated. However, within a couple, an individual may be able to avail of dwelling house relief. Essentially, CAT no longer applies on the transfer of the home on or after 1 December 1999 provided it is the principal private residence of the disponer and-or the recipient and the recipient has been living in the home for the three years prior to the transfer. The recipient must not have an interest in any other residential property. It is also a condition of the relief that the recipient must own and reside in the house for six years after the transfer. However, this condition does not apply to recipients over 55 years of age and provision is made also for those circumstances where the recipient is unable to comply with the residence requirement for reasons outside his or her control, for example, due to hospitalisation or work obligations.

The working group examining the treatment of married, co-habiting and one-parent families under the tax and social welfare codes, which reported in August 1999, was sympathetic in principle to changes in the tax legislation to address the issues raised relating to co-habiting couples and reported that the options that it set out should be considered further. However, it acknowledged with regard to the tax treatment of co-habiting couples that a key issue is whether tax law should proceed ahead of changes in the general law. Earlier this year, in response to a parliamentary question, my predecessor indicated to the Deputy that such a course, where changes in the tax code would set a headline in advance of developments in other relevant areas of public policy, for example, in the area of legal recognition of relationships other than married relationships, would be problematic and unwise. I agree with that position.

However, I draw the Deputy's attention to the consultation paper on the rights and duties of co-habitees which was published in April this year by the Law Reform Commission. That paper indicated that in the light of the current policy with regard to individualisation of the tax bands, the commission was not recommending any change to the income tax treatment of co-habiting couples. It has been the practice of successive Ministers for Finance not to comment in the run up to the annual budget and Finance Bill on what may or may not be included in that process and I do not intend to depart from that practice.

Mary Upton

Question:

323 Dr. Upton asked the Minister for Finance if he will provide more generous exemption limits for pensioners in considering their liability for capital gains tax from share option pay outs such as that of First Active plc; and if he will make a statement on the matter. [25239/04]

I assume the Deputy is referring to the recent once-off gains arising to shareholders from the disposal of their shares in First Active plc which gives rise to a potential capital gains tax, CGT, liability. The CGT liability of an individual is computed by reference to the chargeable gain on the disposal which is essentially the excess of the sale proceeds, net of incidental costs of sale, over the allowable costs of acquisition, if any, of the shares being sold. The legislation also provides that the total amount of chargeable gains arising in a tax year is arrived at after deducting any allowable losses accruing to that individual in that year together with any unused allowable losses from disposals in any previous year. If there were no other chargeable gains in the year, this gain is then reduced by the annual personal exemption of €1,270. The net chargeable gain is then taxable at a rate of only 20%.

The rate was halved from 40% to 20% in the 1998 budget. Reliefs and exemptions made sense when CGT rates were 40% and above. The current situation is in accordance with the overall taxation policy of widening the tax base to keep direct tax rates low. 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.

Dan Neville

Question:

324 Mr. Neville asked the Minister for Finance when a tax reconciliation statement will be made available to a person (details supplied) in County Limerick. [25273/04]

I am advised by the Revenue Commissioners that a tax reconciliation statement issued to the individual concerned on 23 April 2004. Arrangements have been made to provide a copy of the statement to the taxpayer.

Flood Relief.

Seamus Healy

Question:

325 Mr. Healy asked the Minister for Finance the position regarding the Clonmel flood alleviation scheme with particular reference to the announcement that the first phase of the scheme would be completed in 2004 and that the public consultation process would be completed in the autumn of 2004; and if he will make a statement on the matter. [25306/04]

The Deputy is aware that following severe flooding in the late 1990s in Clonmel, a flood alleviation scheme was developed by the OPW which was publicly exhibited, as required under the Arterial Drainage Acts, in December 2001 and January 2002. Concerns were raised by Waterford and South Tipperary county councils that there might be contaminated material in the river bed which was due to be dredged as part of the alleviation measures and which would therefore have major environmental implications.

As a result of these concerns, the proposed scheme was re-examined and a revised scheme was proposed earlier this year, which included the use of demountable defences which have developed greatly in the past few years. This revised scheme has the advantages of requiring no dredging of the river, along with bringing the level of protection against flooding to a one in 100 year protection.

In April this year I attended a meeting with the elected members of the borough council where I outlined the revised scheme and the way in which it was to be implemented. I explained it was hoped to implement the scheme in a phased manner over a period of four to six years depending on available funding. The first phase included the development of a flood warning system and the clearing of debris from streams and culverts in the town. The next step in the process would be the formal public exhibition of the scheme, which it is hoped to have in the spring of 2005.

The development of the flood warning system has already begun and is being carried out by the engineering services of the OPW. It is hoped that the installation of flood warning equipment will commence in the next two months, with a report due in January 2005 containing the recommended system. At this stage it is felt that the clearing of various streams and culverts might be best carried out when the major construction work commences. Subject to a successful public exhibition next spring, the scheme will be brought to detailed design and, subject to confirmation by the Minister for Finance, construction work on walls and embankments will commence as early as possible after that.

Garda Recruitment.

Michael Ring

Question:

326 Mr. Ring asked the Minister for Finance when the Office of the Civil Service and Local Appointments Commission will be recruiting again for the Garda Síochána. [25307/04]

It is expected, arising from the Government's recent decision to increase the strength of the Garda Síochána to 14,000, that a new Garda recruitment competition will be advertised in the coming weeks. It is anticipated that the Garda Síochána will be able to take the next intake of trainees to the Garda College from the current panel.

The Deputy may wish to note that following the enactment of the Public Service Management (Recruitment and Appointments) Act 2004 and the establishment of the Public Appointments Service, PAS, on 19 October 2004, the recruitment will be carried out by the PAS.

Fiscal Policy.

Trevor Sargent

Question:

327 Mr. Sargent asked the Minister for Finance if he will take steps by the appropriate fiscal measures to encourage the development of an indigenous bio-fuel sector here in view of the extensive interest among farmers in growing energy. [25308/04]

The Deputy may be aware that section 98(a) of the Finance Act 1999, as inserted by section 50 of the Finance Act 2004, provides for the introduction of a scheme for excise tax relief for bio-fuels. The purpose of the scheme is to allow qualified and conditional relief from excise of bio-fuel used in approved pilot projects for either the production of bio-fuel or the testing of the technical viability of bio-fuel for use as a motor fuel.

The details of the scheme are being finalised in conjunction with the Department of Communications, Marine and Natural Resources. The European Commission has confirmed that the scheme would represent a State aid and consequently its approval is required. The EU Energy Tax Directive of 2003 envisages such tax relief and the Commission has approved schemes for excise relief of bio-fuel in other EU member states. Formal application for Commission approval will be made shortly and, assuming approval is granted, the necessary commencement order will then be signed.

Tax Code.

John Deasy

Question:

328 Mr. Deasy asked the Minister for Finance if he will consider the removal of capital gains tax and stamp duty for farmers when the proceeds from the disposal of land are utilised in the acquisition of other farm land to consolidate the farm holding. [25340/04]

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 farm land. It was announced in the 2003 budget that no roll-over 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 to keep direct tax rates low. Such reliefs and allowances made sense when CGT rates were 40% and more. As the Deputy may be aware, the rate was halved from 40% to 20% in the 1998 budget. 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.

With regard to stamp duty, any such concession mentioned by the Deputy would lead to calls from other sectors for relief for their particular situations, with an adverse effect on the stamp duty yield. The Deputy may be aware that the stamp duty code already 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. The availability of this relief was extended in the 2003 budget 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 to qualify for 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.

John Deasy

Question:

329 Mr. Deasy asked the Minister for Finance if he will consider increasing the flat VAT refund to non-VAT registered farmers from its present level of 4.4%; and if he will make a statement on the matter. [25341/04]

The flat rate refund for unregistered farmers is examined every year in the lead-up to the budget. It is not customary to comment on any possible changes to the existing rate which may arise in the context of the forthcoming budget.

The flat rate VAT refund is a simple administrative system designed to compensate farmers who are not registered for the VAT they incur as part of their farming activities. The calculation of the flat rate is governed by EU VAT law and is based on the relevant macroeconomic information drawn from statistics on agricultural production, agricultural inputs and the deductible VAT content of such inputs. The flat rate is arrived at by calculating the VAT payable by unregistered farmers on agricultural inputs as a percentage of the value of agricultural sales by these farmers.

A commitment was given under Sustaining Progress to elaborate on the data and methodology used in the calculation of the flat rate VAT refund and a working group chaired by my Department and including representation from the Revenue Commissioners, the Central Statistics Office and the farming organisations has met on a number of occasions to discuss the matter and further meetings are planned.

Disabled Drivers.

John Deasy

Question:

330 Mr. Deasy asked the Minister for Finance if his attention has been drawn to the fact that appeals under the disabled drivers and disabled passengers tax concessions scheme 1994 are taking as long as three years; his plans to improve this situation; and if he will make a statement on the matter. [25342/04]

My Department has no direct involvement in the operation of the disabled drivers medical board of appeal. However, I am informed that there is a backlog of appeals to be dealt with by the board, involving a waiting time of over two years for appellants to be seen. I am advised that the backlog of appeals, approximately 600, is caused by a number of factors, in particular, the general increase in applications for a primary medical certificate, and the significant number of persons who are aware that they do not meet the medical criteria specified in the regulations but nevertheless insist on exercising their right of appeal.

An interdepartmental review group was established to examine the operation of the scheme and the group's report was published in early July. Following from the report's recommendations concerning the appeals process, amendments to the regulations governing the disabled drivers and disabled passengers tax concessions scheme were drafted to improve the operation of the medical appeals board. These were signed by the Minister for Finance on 23 July 2004. The amendments provide for changes to the existing regulations by expanding the panel of medical practitioners serving on the medical board of appeal from three to five. They also amend the appeals process by introducing a six-month waiting period between an appeal and a subsequent application, and introducing the requirement for a second or subsequent application to be certified by a registered medical practitioner to the effect that there has been material disimprovement in the medical condition of the appellant since the previous application.

With regard to the first change, I hope, very shortly, on the recommendation of the Minister for Health and Children, to appoint two more doctors to the board. A panel of five doctors should allow for the board to meet more regularly and hence reduce the backlog. As regards the second change, it should be noted that a further factor in the backlog of appeals is that a number of those who are seen by the board and are dissatisfied with its decision are re-appealing immediately and this is causing a build up of appeals. The change addresses this issue and should free up the appeals board to deal with existing appeals in the system and subsequent appeals where a change in an individual's circumstance requires a reassessment.

John Deasy

Question:

331 Mr. Deasy asked the Minister for Finance further to the report of the interdepartmental review group on the disabled drivers and disabled passengers tax concessions scheme, the plans he has to improve access to the scheme; and if he will make a statement on the matter. [25343/04]

The interdepartmental review group established to review the disabled drivers and disabled passengers tax concessions scheme examined all aspects of the scheme including the qualifying medical criteria upon which access to the scheme is based. The Government has agreed that the Minister for Finance will consider the report on an ongoing basis in the overall budgetary context having regard to the existing and prospective cost of the scheme.

Tax Yield.

Joan Burton

Question:

332 Ms Burton asked the Minister for Finance the rate of income tax paid by persons earning in excess of €100,000 per annum and upwards in bands of €20,000 per annum; if he will distinguish between single persons and couples, between PAYE taxpayers and those who are self-employed; and if there were such taxpayers paying 0% and taxpayers paying tax at 20% and below. [25375/04]

I am informed by the Revenue Commissioners that the most recent basic data on incomes from which information of the type requested by the Deputy could be derived are in respect of the "short" income tax year of 2001. This was a short transitional tax "year" running from 6 April to 31 December 2001 which preceded the first full calendar tax year, 1 January 2002 to 31 December 2002. The information requested is set out in the following tables. However, because of the Revenue Commissioners' obligation to observe confidentiality with regard to the taxation affairs of individual taxpayers and small groups of taxpayers, the breakdown by income bands requested by the Deputy is not provided in relation to incomes exceeding €1 million due to the small numbers of income earners with incomes in excess of that level.

It should be noted that as PAYE taxpayers were charged tax on their earnings in the period from 6 April to 31 December 2001 and self-employed taxpayers were assessed for tax for the short "year" on 74% of the profits earned in a 12-month accounting period, the income figures will not be directly comparable with those of earlier or later years.

A married couple who have elected or have been deemed to have elected for joint assessment are counted as one tax unit. Married couples and individuals with income chargeable to tax under both schedule E and schedule D have been classified in the tables below by reference to the schedule under which the larger amount of income is taxable.

The designation of a tax rate to an income earner in the tables is based on identifying the top tax rate applying to the taxable income of each earner. To arrive at the figure for taxable income, the gross income is reduced by various relevant deductions and allowances such as capital allowances, losses, allowable expenses and retirement annuities. In some cases, these will reduce the taxable income to nil. Where there is a positive taxable income, it is a feature of the tax credit system that the association between taxable income and the marginal tax rate is made prior to deduction of the personal and other tax credits in arriving at the net tax liability.

Analysis of the data in the tables indicates that of those in the PAYE sector who earned €100,000 or more in the short tax "year", 2001, 0.4% had a nil net income tax liability, 0.4% had a net liability for tax at the standard or marginal relief rates and 99.2% had a liability for tax at the higher rate. Of the self-employed who earned €100,000 or more in the short tax "year" 2001, 2.1% had a nil net income tax liability, 1.2% had a net liability for tax at the standard or marginal relief rates and 96.7% had a liability for tax at the higher rate.

INCOME TAX "short year" 2001

Numbers of mainly PAYE income earners with incomes exceeding €100,000 (including proprietary directors on the PAYE record)

Range of Gross Income

No net liability for income tax

Liable for tax at the standard rate (20%) or marginal relief

Liable for tax at the higher rate (42%)

Overall Total

Single*

Married

Total

Single*

Married

Total

Single*

Married

Total

100,000 120,000

3

12

15

4

6

10

518

3,415

3,933

3,958

120,000 140,000

1

2

3

0

6

6

262

1,914

2,176

2,185

140,000 160,000

0

1

1

1

6

7

142

1,093

1,235

1,243

160,000 180,000

1

4

5

0

4

4

98

717

815

824

180,000 200,000

0

4

4

0

2

2

78

514

592

598

200,000 220,000

0

1

1

0

4

4

52

358

410

415

220,000 240,000

0

0

0

0

0

0

27

278

305

305

240,000 260,000

0

1

1

0

1

1

30

188

218

220

260,000 280,000

0

1

1

0

1

1

25

142

167

169

280,000 300,000

1

1

2

0

1

1

14

111

125

128

300,000 320,000

0

1

1

0

1

1

10

92

102

104

320,000 340,000

0

0

0

0

0

0

11

72

83

83

340,000 360,000

0

0

0

1

0

1

7

50

57

58

360,000 380,000

0

0

0

0

1

1

7

55

62

63

380,000 400,000

0

1

1

0

0

0

5

44

49

50

400,000 420,000

0

1

1

0

0

0

8

32

40

41

420,000 440,000

1

0

1

0

0

0

6

27

33

34

440,000 460,000

0

1

1

0

0

0

2

29

31

32

460,000 480,000

0

0

0

0

0

0

6

14

20

20

480,000 500,000

0

0

0

0

0

0

2

23

25

25

500,000 520,000

0

0

0

0

1

1

2

15

17

18

520,000 540,000

0

1

1

0

0

0

1

15

16

17

540,000 560,000

1

1

2

0

0

0

2

11

13

15

560,000 580,000

0

0

0

0

0

0

6

13

19

19

580,000 600,000

0

1

1

0

0

0

3

13

16

17

600,000 620,000

0

0

0

0

0

0

0

8

8

8

620,000 640,000

0

0

0

0

0

0

0

7

7

7

640,000 660,000

0

0

0

0

0

0

0

8

8

8

660,000 680,000

0

0

0

0

0

0

1

7

8

8

680,000 700,000

0

0

0

0

0

0

1

5

6

6

700,000 720,000

0

0

0

0

0

0

0

3

3

3

720,000 740,000

0

0

0

0

0

0

1

9

10

10

740,000 760,000

0

0

0

0

0

0

0

4

4

4

760,000 780,000

0

0

0

0

0

0

1

4

5

5

780,000 800,000

0

0

0

0

0

0

1

7

8

8

800,000 820,000

0

0

0

0

0

0

1

10

11

11

820,000 840,000

0

1

1

0

0

0

0

3

3

4

840,000 860,000

0

0

0

0

0

0

0

1

1

1

860,000 880,000

0

1

1

0

0

0

0

3

3

4

880,000 900,000

0

0

0

0

0

0

0

1

1

1

900,000 920,000

0

0

0

0

0

0

0

3

3

3

920,000 940,000

0

0

0

0

0

0

0

6

6

6

940,000 960,000

0

0

0

0

0

0

0

3

3

3

960,000 980,000

0

0

0

0

0

0

1

7

8

8

980,000 1,000,000

1

0

1

0

0

0

0

3

3

4

Over 1,000,000

0

2

2

0

0

0

16

57

73

75

9

38

47

6

34

40

1,347

9,394

10,741

10,828

* "Single" includes widowed persons

INCOME TAX "short year" 2001

Numbers of mainly self-employed income earners with incomes exceeding €100,000

Range of Gross Income

No net liability for income tax

Liable for tax at the standard rate (20%) or marginal relief

Liable for tax at the higher rate (42%)

Overall Total

Single*

Married

Total

Single*

Married

Total

Single*

Married

Total

100,000 120,000

12

26

38

3

26

29

348

1,707

2,055

2,122

120,000 140,000

9

22

31

3

17

20

235

1,141

1,376

1,427

140,000 160,000

6

13

19

2

15

17

168

877

1045

1,081

160,000 180,000

3

10

13

1

12

13

110

590

700

726

180,000 200,000

2

11

13

1

3

4

81

501

582

599

200,000 220,000

0

5

5

2

2

4

71

378

449

458

220,000 240,000

2

5

7

1

4

5

41

318

359

371

240,000 260,000

3

5

8

0

2

2

36

245

281

291

260,000 280,000

0

4

4

0

1

1

28

227

255

260

280,000 300,000

1

5

6

0

0

0

31

183

214

220

300,000 320,000

0

6

6

1

2

3

28

157

185

194

320,000 340,000

0

0

0

0

0

0

15

134

149

149

340,000 360,000

1

3

4

1

1

2

16

107

123

129

360,000 380,000

0

1

1

0

1

1

21

108

129

131

380,000 400,000

0

2

2

0

0

0

24

103

127

129

400,000 420,000

0

0

0

0

0

0

11

72

83

83

420,000 440,000

0

2

2

0

0

0

15

79

94

96

440,000 460,000

1

1

2

0

0

0

9

74

83

85

460,000 480,000

0

1

1

0

1

1

5

48

53

55

480,000 500,000

0

1

1

0

1

1

5

37

42

44

500,000 520,000

0

2

2

0

1

1

4

45

49

52

520,000 540,000

0

1

1

0

0

0

8

39

47

48

540,000 560,000

0

4

4

0

0

0

5

25

30

34

560,000 580,000

0

1

1

0

0

0

4

27

31

32

580,000 600,000

2

2

4

0

1

1

2

25

27

32

600,000 620,000

0

1

1

0

0

0

5

29

34

35

620,000 640,000

0

1

1

0

2

2

4

19

23

26

640,000 660,000

0

2

2

0

0

0

3

20

23

25

660,000 680,000

1

0

1

0

0

0

2

8

10

11

680,000 700,000

0

0

0

0

0

0

6

22

28

28

700,000 720,000

0

0

0

0

0

0

4

11

15

15

720,000 740,000

0

1

1

0

0

0

2

11

13

14

740,000 760,000

0

0

0

0

0

0

3

4

7

7

760,000 780,000

0

0

0

0

0

0

1

12

13

13

780,000 800,000

0

1

1

0

0

0

1

5

6

7

800,000 820,000

0

0

0

0

0

0

0

8

8

8

820,000 840,000

0

1

1

0

0

0

1

9

10

11

840,000 860,000

0

0

0

0

0

0

0

10

10

10

860,000 880,000

0

1

1

0

1

1

2

12

14

16

880,000 900,000

0

0

0

0

1

1

1

7

8

9

900,000 920,000

0

2

2

0

0

0

2

4

6

8

920,000 940,000

0

0

0

0

0

0

1

6

7

7

940,000 960,000

0

0

0

0

0

0

0

4

4

4

960,000 980,000

0

0

0

0

0

0

1

1

2

2

980,000 1,000,000

0

0

0

0

0

0

0

8

8

8

Over 1,000,000

2

7

9

0

0

0

18

101

119

128

45

150

195

15

94

109

1,378

7,558

8,936

9,240

* "Single" includes widowed persons

Tax Code.

Gay Mitchell

Question:

333 Mr. G. Mitchell asked the Minister for Finance if he will take steps to remove a VAT and stamp duty liability, requesting a total of approximately 22% additional cost on a new premises being purchased by persons (details supplied); and if he will make a statement on the matter. [25407/04]

If the voluntary organisation referred to by the Deputy is purchasing a newly built premises, VAT applies at the reduced rate of 13.5% both on its construction and on the site, where these are connected contracts.

Voluntary groups and charities are exempt under the EU sixth VAT directive with which Irish VAT law must comply. This means they do not charge VAT on their services and cannot recover VAT incurred on goods and services that they purchase. Essentially, only VAT-registered businesses which charge VAT are able to recover VAT. Voluntary organisations are final consumers and like other final consumers they pay VAT as a tax on their purchases. There is no provision in the directive under which Ireland would be permitted to exempt from VAT the sale of property to a particular person or class of persons.

The stamp duty arising in this case is the stamp duty on non-residential property. This duty yielded €547 million in 2003 in total. There are very few reliefs in the case of non-residential property and there are no plans to introduce any new relief for any other categories.

Fiscal Policy.

Finian McGrath

Question:

334 Mr. F. McGrath asked the Minister for Finance if he will include CORI justice commission policy recommendations (details supplied) in all policy areas within his Department. [25739/04]

The position is that the policies being pursued by the Government in the area of taxation are as set out in the relevant provisions of the Government programme, An Agreed Programme for Government, and the current national partnership agreement, Sustaining Progress. In this regard, the Conference of Religious in Ireland, CORI, was one of the organisations in the community and voluntary pillar which was a party to the Sustaining Progress agreement.

I met yesterday with representatives of the community and voluntary pillar, including CORI, in the context of pre-budget submissions. I am aware of their suggestions and concerns and I will bear them in mind, as with other pre-budget submissions, in my policy deliberations.

Electricity Tariffs.

Thomas P. Broughan

Question:

335 Mr. Broughan asked the Minister for Communications, Marine and Natural Resources the cumulative increases in domestic and commercial electricity tariffs since the Commission for Energy Regulation was established. [24998/04]

I do not have a function with regard to the pricing of electricity. The Commission for Energy Regulation was given the statutory responsibility for regulating the ESB's tariffs to its franchise customers under the European Communities (Internal Market in Electricity) Regulations 2000. I have asked the Commission for Energy Regulation to communicate directly with the Deputy on the information sought.

Gas Tariffs.

Thomas P. Broughan

Question:

336 Mr. Broughan asked the Minister for Communications, Marine and Natural Resources the cumulative increase in domestic and commercial gas tariffs since the Commission for Energy Regulation was established. [24999/04]

I do not have a function with regard to the pricing of gas. The Commission for Energy Regulation was given the statutory responsibility for regulating BGE's tariffs to its franchise customers under the Gas (Interim) (Regulation) Act 2002. I have asked the Commission for Energy Regulation to communicate directly with the Deputy on the information sought.

Telecommunications Services.

Thomas P. Broughan

Question:

337 Mr. Broughan asked the Minister for Communications, Marine and Natural Resources if he will report on the tendering competition for the management of the MANS broadband network including the names of the bidders, their proposals and prices and the criteria by which contract was awarded to the successful company. [25000/04]

The Department received five bids from three bidders. These were Axia Broadband Services Ireland Limited which is jointly owned by IAWS Society and Axia Net Media Corporation and which input one base bid and two variant bids, Data Electronics Group Limited and e-Net. Information on the MSE procurement process, including the evaluation criteria, are posted on the website of the Department and may be viewed at http://www.dcmnr.gov.ie.

All bids were assessed against the evaluation criteria which, as the Deputy will appreciate, involved more than a pricing assessment. An MSE project board was established to oversee the evaluation process and a separate evaluation team was set up to independently evaluate the bids.

e-Net emerged as the preferred bidder and negotiations with e-Net were initiated with a view to the award of the management services entity concession agreement. The contract was concluded on 2 July 2004. The maximum access pricing agreed with e-Net will be available very shortly on the company's website, http:// www.e-net.ie.

Coastal Protection.

Seán Crowe

Question:

338 Mr. Crowe asked the Minister for Communications, Marine and Natural Resources if he will investigate the plight of the coast guards at Doolin, County Clare (details supplied). [25047/04]

The Irish Coastguard of my Department operates a station house building programme for coastal units around the coast. The Office of Public Works, OPW, manages this programme for the coastguard. The coastguard and the OPW are together giving top priority to the project for a search and rescue station house at Doolin, County Clare.

The position regarding the project is that, while financial sanction has been granted in principle for the development, the OPW has not yet been able to acquire a suitable site. It is, however, in negotiations for acquisition of a site near Doolin, and as soon as a suitable site has been acquired, the construction process, including building design, planning permission application and tendering, will proceed as quickly as possible.

Pension Provisions.

Pádraic McCormack

Question:

339 Mr. McCormack asked the Minister for Communications, Marine and Natural Resources the result of An Post negotiations with the Communications Workers Union with regard to pay increases to An Post staff pensioners, particularly the non-payment of the 3% increase according to the national agreements; the situation regarding the appointment of a pensioner to the board of trustees of the pensions fund; and if he will make a statement on the matter. [25117/04]

Authority to implement pension increases was delegated to An Post by this Department on 26 May 1989. Traditionally, An Post has granted increases to serving staff in line with national pay agreements. Increases to pensioners have subsequently been applied in line with increases granted to serving staff. I am also informed that the terms and conditions, including those regarding the matter of increases, as enshrined in the An Post main superannuation scheme 1990, are based on those that prevailed in the former Department of Posts and Telegraphs.

In regard to serving staff, the company is involved in detailed negotiations with its unions under the auspices of the Labour Relations Commission, to reach agreement on necessary restructuring in order to return to financial stability. These negotiations have impacted on consideration of increases for An Post pensioners. However, I understand the An Post board and management are reviewing this situation. In light of this review, I feel it would not be appropriate to comment further at this stage.

With regard to the appointment of a pensioner to the board of trustees of the pensions fund, the An Post superannuation schemes' trust deed sets out that the number of trustees shall be not less than three nor more than seven individuals. The power for appointing new or additional trustees is vested in An Post and I have no function in this. I understand there are seven appointed trustees of the scheme, three representing the members of the schemes, both serving and retired staff, three representing the principal employer and an independent chairman.

Telecommunications Services.

John Perry

Question:

340 Mr. Perry asked the Minister for Communications, Marine and Natural Resources the level of funding required with regard to the 23 km. of broadband services in Sligo to provide this facility in surrounding towns, such as Tubbercurry, Ballymote and Gurteen; the amount which will be allocated, when work will commence and the timescale involved; and if he will make a statement on the matter. [25120/04]

Under my Department's regional broadband programme, a 23 km metropolitan area network will be constructed in Sligo town, in association with Sligo County Council. A number of tenders for the construction phase of the project have been received by the council, and are being assessed. An announcement of the successful contractor is expected shortly. The civil engineering contract is expected to cost between €3 million and €4 million, of which 90% will come from Government and ERDF funding, with the remaining 10% from Sligo County Council.

Under the broadband rollout programme, 26 larger towns and cities are being provided with high-capacity fibre networks, which are managed for the State on an open-access basis, allowing service providers to offer services at very competitive prices. Smaller towns such as Tubbercurry, Ballymote and Gurteen can avail of my Department's group broadband scheme, which offers up to 55% funding for communities to group together with service providers and obtain broadband connectivity using the technology most suited to their circumstances. More than 50 groups have already applied for group broadband scheme funding and wireless local area networks appear to be the favoured delivery platform in most cases.

Full details of the group broadband scheme may be found on my Department's website, www.broadband.gov.ie, and full details of the regional broadband programme are on www.dcmnr.gov.ie.

Alternative Energy Projects.

Eamon Ryan

Question:

341 Mr. Eamon Ryan asked the Minister for Communications, Marine and Natural Resources if he intends to allocate some of the additional public purchase contract capacity that has been approved by the European Union for biomass projects such as the one proposed by a company (details supplied); and the way in which the application made by this company under the AER VI scheme stands in the reserve lists of projects which bid above those successful bidders already granted contracts under the scheme. [25142/04]

Eamon Ryan

Question:

342 Mr. Eamon Ryan asked the Minister for Communications, Marine and Natural Resources the procedures he intends to follow regarding the review of the successful bidders for electricity generation from biomass anaerobic digestion under the AER VI scheme; and the procedures that will be put in place to transfer the public purchase agreement to other unsuccessful bidders if it is clear that the winning contracts will not be built within the timeframe expected. [25143/04]

Eamon Ryan

Question:

346 Mr. Eamon Ryan asked the Minister for Communications, Marine and Natural Resources the details of the reserve list for onshore wind farm bidders who failed to gain a public supply contract under the recent AER VI programme; when he intends to allocate the additional 140 MW of public service contracts that he is now providing under the programme; and the criteria he will use to allocate those additional contracts. [25483/04]

I propose to take Questions Nos. 341, 342 and 346 together.

The 1999 Green Paper on sustainable energy established a target to add 500 MW of new renewable energy-based electricity generating plant to the electricity network by 2005. It was envisaged this would be achieved by awarding support contracts under the AER V and VI rounds of the alternative energy requirement, AER, support programme. The 500 MW had EU state aids clearance prior to the commencement of AER VI.

Subsequently, the market was notified of proposals to allocate support for a further 140 MW of AER projects generally and 50 MW and 28 MW specifically for offshore wind energy and biomass-fed combined heat and power, CHP, projects, respectively, subject to state aids clearance. The necessary state aids clearance was received recently and I will announce shortly the allocations, by applicant, of all the remaining unallocated capacity. The formal allocations of the 140 MW capacity, by category, will form part of that announcement. Otherwise the capacity, by category, will be awarded in accordance with the published AER VI reserve lists. These reserve lists are available on my Department's website, www.dcmnr.ie.

Inclusion on those lists confirms the associated applications were examined and found compliant with the published conditions precedent when received. Thereafter, the ranking of projects in those lists is indicative of the relative competitiveness of the prices bid in each category, commencing with the lowest prices bid in each category listed first. Where the next most successful applicants bid identical prices in any category and the unallocated support capacity is less than the aggregate proposed, any available support allocation will be done by lottery after notice is given to each applicant. This is also in accordance with the published competition rules.

The successful applicants will have an ongoing obligation to remain compliant with the published terms and conditions and clause 4A in particular. My Department will continue to monitor ongoing compliance. If it comes to notice that any project is in breach of the competition rules, the position, in principle, is that the formal offer of a power purchase agreement will be withdrawn and reallocated to the next most compliant application or applications in accordance with the published competition rules. This is the best method of delivering the inherent environmental benefits at the lowest additional cost to consumers.

Harbours and Piers.

Brian O'Shea

Question:

343 Mr. O’Shea asked the Minister for Communications, Marine and Natural Resources the proposals he has to dredge the harbour at Dungarvan, County Waterford; and if he will make a statement on the matter. [25191/04]

In March 2002, Dungarvan Town Council submitted an application under the marine tourism grant scheme of the national development plan for funding towards a feasibility study for dredging and reclamation works. However, the grant scheme was suspended in December 2002 due to lack of funding and each of the applicants was so notified. No funding was available for the grant scheme in 2003 or in 2004. In light of the findings of the mid-term review of the regional operational programmes completed by the ESRI, which recommended reallocation of funds to other priorities, it is unlikely that the scheme will be reactivated within the term of the national development plan.

Alternative Energy Projects.

Trevor Sargent

Question:

344 Mr. Sargent asked the Minister for Communications, Marine and Natural Resources if he will take steps strategically as a country to improve fuel security and derive energy from sources which are less harmful in terms of climate change than fossil fuels. [25308/04]

In May 2002, my Department established Sustainable Energy Ireland, SEI, to promote and assist environmentally and economically sustainable production, supply and use of energy, in support of Government policy, across all sectors of the economy. Its remit relates mainly to improving energy efficiency, advancing the development and competitive deployment of renewable sources of energy and combined heat and power, and reducing the environmental impact of energy production and use. SEI is charged with implementing significant aspects of the Green Paper on Sustainable Energy and the national climate change strategy. Included in this remit is the task of promoting further research, development and demonstration of renewable energy technologies and alternative fuels.

In December 2003 my Department, in association with SEI, established a bio-energy strategy group, BSG, to consider the policy options and support mechanisms available to stimulate increased use of biomass for energy conversion and electricity generation and to make specific recommendations for action to increase the penetration of biomass energy in Ireland. The group is scheduled to complete a strategy report for consideration by the end of 2004. Membership of the BSG comprises representatives of various Departments as well as State agencies in the agriculture and energy sectors and industry representatives. This report will contain a road map for development of bio-energy with the identification of staged, achievable targets and will link directly into the work of the renewables development group which was set up in May 2004.

An interdepartmental group has also been set up by my Department to develop a bio-fuels strategy for Ireland. The group comprises officials from my Department, Sustainable Energy Ireland, the Department of Environment, Heritage and Local Government, and the Departments of Transport, Agriculture and Food, and Finance. The group is considering policy options for the development of a bio-fuels sector in Ireland and to increase the penetration of bio-fuels in the transport fuel market.

My Department's support mechanism, the alternative energy requirement, AER, programme, has operated to date to increase the contribution from renewable energy technologies in electricity production. The underlying principle of the alternative energy requirement competitions as operated to date is that prospective generators are invited to make a formal application to build, own and operate newly installed renewable energy-based electricity generating plants, and to supply electricity from these to the ESB under a power purchase agreement of up to 15 years.

Aquaculture Licences.

Martin Ferris

Question:

345 Mr. Ferris asked the Minister for Communications, Marine and Natural Resources if his attention has been drawn to the concerns being highlighted by persons (details supplied) in County Donegal with regard to the licensing of mussel dredging in a fashion that threatens the existence of indigenous wild oyster beds in the River Swilly and consequently the livelihoods of these persons; if his attention has further been drawn to the fact that under EU regulations this is totally illegal and that it threatens the existence of one of the few wild oyster beds in Europe; and the action he intends to take to alleviate this national scandal. [25312/04]

Following the granting of two aquaculture licences for the bottom cultivation of mussels in Lough Swilly, local oyster fishermen claimed that parts of the licensed areas overlapped with wild oyster beds in the lough. On foot of these complaints, the aquaculture initiative was asked to undertake a survey of the lough. This survey examined the location and size of the oyster beds and sought to ascertain if there was any overlap between these areas and the sites licensed for mussel cultivation. The results of the survey confirmed that there was an element of overlap. Following consultation with the persons to whom the aquaculture licences had been granted, it was agreed that they would surrender the parts of their areas that had been found to contain oysters. Arrangements were made also to have mussels removed from the areas concerned, and any oysters retrieved in the process were relaid.

Since then, the oyster fishermen have applied for an aquaculture licence in respect of oyster beds in the lough. This application is being considered by my Department which is in the process of arranging a meeting with the fishermen at local level later this month.

Question No. 346 answered with QuestionNo. 341.

Children’s Passports.

Brendan Howlin

Question:

347 Mr. Howlin asked the Minister for Foreign Affairs if he has received reports of cases in which, following separation, one parent may withhold a child’s passport thus preventing the other parent from taking the child on holiday abroad with regard to the fact that children can no longer be included on a parent’s passport; if his attention has been drawn to the fact that it may not be feasible for aggrieved parents to pursue this matter repeatedly though legal channels; if he has proposals to remedy such situations; and if he will make a statement on the matter. [25098/04]

With effect from 1 October last, the passport office ceased the practice of allowing children to be included on their parents' passports. Henceforth, all children, regardless of age, must obtain an individual passport in their own name for travel abroad. This change was designed to improve the security of international travel for children and brings us into line with international best practice in this regard.

The passport office has not received any reports that the new regulation will pose difficulties for separated parents and it does not change the fundamental position that a child under 16 years of age born within marriage must have the consent of both parents before they can travel abroad, unless the courts decide otherwise. In cases where parents are separated, and one of them refuses to give their consent to the provision of passport facilities to the child, such passport facilities will not issue unless a court has made an order, under section 11 of the Guardianship of Infants Act 1964, dispensing with the consent of the parent who so refuses consent.

If a parent of a child to whom a passport has been issued has concerns that their separated spouse may seek to take the child out of the country against their wishes, it is open to them to apply to the courts for an order requiring that the child's passport be held by the court and not released to the other parent without the first parent's agreement. This possibility applies irrespective of whether the child has a passport in his or her own name or is included on the passports of one or both parents.

Imprisonment of Irish Person.

Pat Carey

Question:

348 Mr. Carey asked the Minister for Foreign Affairs the position regarding the trial and imprisonment of a person (details supplied); and the action which will be taken by his Department with a view to securing her release. [25099/04]

My Department, through the Irish honorary consul in Quito, has been monitoring developments in the case to which the Deputy refers, and has been active in providing consular assistance to the person in question and her family since we became aware of the case in February 2002. As the Deputy may be aware, the person was convicted on 28 April 2003 of the possession of cocaine and sentenced to eight years in prison. She is being held in the Centre de Detencion Provisional which houses about 420 women and their children.

The honorary consul has ensured that she has had access to adequate legal representation since her arrest and was in attendance at her trial. He subsequently made several prison visits to her. He has also delivered food, money and other essential items to her and has brought various medical problems experienced by her to the attention of prison staff.

On a visit last week to Quito, the Irish ambassador to Argentina also visited her. He found her in good spirits with a positive attitude towards her appeal, which she indicated was scheduled for November. I have asked the Embassy in Buenos Aires to continue to monitor further developments in this case. I assure the Deputy that my Department will continue to provide all possible consular assistance to the individual and her family.

Children’s Passports.

Paul Kehoe

Question:

349 Mr. Kehoe asked the Minister for Foreign Affairs the efforts he has made to inform the public regarding the changes to children’s passports; and if he will make a statement on the matter. [25111/04]

With effect from 1 October last, the passport office ceased the practice of allowing children to be included on their parents' passports. Henceforth, all children, regardless of age, must obtain an individual passport in their own name for travel abroad. This change was made on foot of a recommendation from the International Civil Aviation Organisation, which sets international standards for travel documents, and was designed to improve the security of international travel for children. The new regulation brings us into line with international best practice in this regard. A number of countries already require that all visitors, including children, carry a separate passport and the new regulation will ensure that all Irish travellers are in a position to meet this requirement.

The passport office placed notices in the national papers on Sunday, 12 September and Monday, 13 September as well as in other journals and magazines, to inform the public of the change. Notices were also placed in the national papers in Northern Ireland on Monday, 13 September. In addition, information has been placed on the passport office's website at www.passport.ie and has been disseminated through our diplomatic and consular missions abroad. The new arrangements were also communicated to An Post, which operates the passport express service, to the UK Post Office Limited, which operates an express passport service in Northern Ireland, and to Garda stations, from which passport application forms are available.

Question No. 350 answered with QuestionNo. 238.

Visa Applications.

Michael Noonan

Question:

351 Mr. Noonan asked the Minister for Foreign Affairs when a decision will be made on an application for a tourist visa by a person (details supplied); and if he will make a statement on the matter. [25194/04]

The person to whom the Deputy refers submitted a visa application to the Irish Embassy in Ankara on 25 August 2004. This application was refused.

This decision is now the subject of an appeal to the Department of Justice, Equality and Law Reform. I understand that the applicant should receive a response from that Department within three weeks.

Question No. 352 answered with QuestionNo. 195.
Question No. 353 answered with QuestionNo. 224.

Colombia Three.

Seán Crowe

Question:

354 Mr. Crowe asked the Minister for Foreign Affairs if he has had an indication from the Colombian authorities regarding the timescale surrounding the appeal process in the case of persons (details supplied); and when a decision is to be expected on the matter. [25467/04]

As the Deputy will be aware, following the decision in the case by Judge Acosta on 26 April 2004, the Office of the Prosecutor-General in Colombia lodged an appeal against the verdict which acquitted the three men on the principal charge of providing training for terrorists. That appeal is being considered by a panel of judges and their decision is awaited.

Pending the outcome of the appeal, the three men have left the prison in Bogotá. However, the appeal judges ruled that they must remain in Colombia until the appeal is decided.

In a letter to the Taoiseach last July, in response to the representations made by the Taoiseach at his meeting with President Uribe on 29 May in Guadalajara, the President indicated that he was hopeful of an early decision in the appeal but he also emphasised that he could not guarantee this because of the independence of the judiciary in Colombia.

My predecessor, the Minister, Deputy Cowen, had a discussion with the Colombian Foreign Minister at the United Nations in New York on 21 September. He again stressed the importance of an early decision on the appeal. Minister Barco, while emphasising the independence of the courts in Colombia, indicated that she shared our wish for an early decision and that she was hopeful that the appeal would be concluded some time in the autumn.

Foreign Conflicts.

John Gormley

Question:

355 Mr. Gormley asked the Minister for Foreign Affairs if he has made representations on behalf of the Chagos islanders; if he has raised the matter with the British and American Governments and at EU level; and if he will make a statement on the matter. [25468/04]

The demand of the Chagossian natives to return to the Chagossian archipelago is a complex issue which also involves competing sovereignty claims. At present, the matter of the Chagos islanders' right of return and claim for compensation is the subject of legal proceedings in both the UK and US. In a November 2000 ruling, the high court in England ruled that the "wholesale removal" of the islanders was an "abject legal failure" and that they could return to the small outlying islands in the group but not the largest, Diego Garcia. The ruling also granted the islanders British citizenship. Following this ruling, the British Government commissioned a study on island resettlement and concluded that it was "impractical and inconsistent with the existing defence facilities". A study commissioned by the islanders refutes the idea that resettlement is "impractical". In November 2002 the islanders launched a separate case in the high court in England claiming that they had been treated in such a way by the British Government as to entitle them to compensation and return of their property. In October 2003, the islanders lost this claim for compensation. On 10 June last, a royal decree was issued in Britain banning the Chagos islanders from returning to the islands. On 7 October the high court agreed to a judicial review of the royal decree.

The Government will continue to monitor the situation of the Chagossian archipelago. We would wish to see the issue resolved by agreement between the parties, and in a manner which properly addresses the unfortunate situation of the Chagos islanders. The EU has not addressed the issue of the demands of the Chagos islanders for the right of return to their homeland.

Human Rights Issues.

Bernard J. Durkan

Question:

356 Mr. Durkan asked the Minister for Foreign Affairs the extent to which he intends to influence the EU and UN addressing human rights issues on the African continent; and if he will make a statement on the matter. [25516/04]

Africa is a continent beset by often seemingly insurmountable problems including conflict, debt, poverty, HIV-AIDS and the abuse of human rights. The European Commission and member states collectively are the largest global donors of development assistance to Africa and the EU is thus in a position to play an important role in helping Africans address the problems of the continent especially in multilateral fora.

The EU conducts a process of political dialogue with African, Caribbean and Pacific countries that are party to the Cotonou Agreement. Human rights are a central theme of political dialogue.

Ireland sought to strengthen political dialogue with African countries and organisations during our recent EU Presidency. To this end, two important meetings took place with the African Union and ECOWAS under Irish chairmanship. The discussions with the African Union troika took place in a very positive and constructive atmosphere and covered peace and security and good governance issues, as well as regional integration and trade and development issues, such as external debt and food security. The discussions with ECOWAS took place in a very positive and open atmosphere, with good discussions on peace and security, conflict prevention, economic integration and trade, institutional matters and political dialogue follow-up as well as the issue of human trafficking.

During the most recent session of the UN Commission on Human Rights the EU was active under the co-ordination of the Irish Presidency in securing a number of initiatives on Africa. These included the establishment of a special EU mechanism on the Sudan, the agreement with the African Union of a resolution on the DRC and the adoption of a resolution regarding assistance on human rights in Somalia. The EU also supported resolutions tabled by the African Union on Chad, Sierra Leone and Burundi.

The EU thematic resolution on the death penalty was adopted with a record margin of victory and a record number of co-sponsors. The resolution on the rights of the child, which we co-tabled with the Latin American-Caribbean grouping, and the resolution on religious intolerance were also adopted. All these resolutions are universal in their application and naturally include Africa.

In addition, at the initiative of the Irish Presidency, the EU, for the first time, delivered a strong statement to the Commission, in which the EU reaffirmed its strong commitment to work for the elimination of all contemporary forms of slavery.

Although the EU was not successful in pursuing a resolution on Zimbabwe, the commitment of the Irish Presidency and its promotion of active engagement with the African Union bore fruit in that there is now a clear African concern about the situation in that country which was expressed in Nigeria's explanation of its vote for the no-action motion which caused the EU resolution to fail.

With regard to the situations in countries such as Sudan, Liberia and DRC, Ireland has been actively involved in their discussion at bilateral, EU and UN levels and continues to attach utmost importance to the issue of human rights in Africa. The European Union intends to table draft resolutions in the current session of the UN General Assembly regarding the human rights situations in Sudan and DRC, and Ireland will continue to play an active role in the discussion of these resolutions.

Question No. 357 answered with QuestionNo. 200.

Nigerian Democracy.

Bernard J. Durkan

Question:

358 Mr. Durkan asked the Minister for Foreign Affairs the extent to which democracy has progressed in Nigeria; and if he will make a statement on the matter. [25518/04]

Nigeria is the most populous democracy in Africa. The high turnout and largely peaceful conduct of the elections held in 2003 marked a further important step towards the consolidation of that democracy. There is still some way to go, however. An EU election observation mission, which included two Irish observers, monitored the presidential, parliamentary and other elections and regrettably noted some grave irregularities in the voting processes of some states. On 14 May 2003, the EU issued a declaration on the elections which expressed concern at the findings of the observation mission and which urged President Obasanjo to use his mandate to improve the quality of democracy and accountability in Nigeria.

In 2002, the EU adopted a common position on Nigeria, which was updated by Council conclusions approved last November. A key element of the Union's position is to maintain a constructive and regular political dialogue with Nigeria. The Irish Presidency was the first to initiate EU-Nigeria political dialogue at a ministerial level. My colleague, former Minister of State, Deputy Tom Kitt, led an EU troika which addressed a range of issues including peace and security, governance and development matters.

Ireland acknowledges and appreciates the strong leadership role President Obasanjo has played, not only in defusing recent tensions in his own country, but in facilitating the peace process in Liberia and also the peace talks on Darfur which are ongoing in Abuja under Nigeria's current chairmanship of the African Union.

Ireland and the European Union continue to support and encourage Nigeria's transition to democracy and look forward to maintaining our strong relationship with a most important partner in Africa.

Question No. 359 answered with QuestionNo. 183.

Overseas Development Aid.

Bernard J. Durkan

Question:

360 Mr. Durkan asked the Minister for Foreign Affairs if he will initiate through the UN and the EU a major programme to alleviate strife and starvation in various trouble spots on the African continent; and if he will make a statement on the matter. [25520/04]

Ireland's programme of development assistance is primarily focused on the African continent. This programme addresses issues related to poverty, including conflict and food security. This assistance is delivered through a number of channels, directly through our embassies in a number of African countries and indirectly using NGOs, UN agencies and other international organisations.

As well as directly assisting many of the poorest countries in Africa, Ireland is a strong advocate for the developing world and for international peace and security through our membership of the EU and the UN. During the Irish Presidency of the EU, we were deeply involved in major conferences, including to consider post-conflict reconstruction in Liberia and to highlight the appalling situation in Darfur, Sudan.

Conflict has many causes and many manifestations in Africa and is exacerbated by poverty, inequality and exclusion. It is no coincidence that the majority of wars occur in the poorest countries. Conflicts affect the poorest and most vulnerable people, particularly women and children. Food security is undermined by conflict and populations with diminished coping strategies are forced to turn to international aid for survival.

The Government responds in two ways to the issues of conflict and poverty in Africa. In the short term, we focus on saving lives in the most effective way possible, through direct assistance via the UN system, international agencies and NGOs. Our current programme of assistance to the Darfur region of Sudan is a good example of this approach.

In the longer term, Ireland's development programme tries to tackle the structural causes underlying extreme poverty, including through our strong development partnerships with six countries in sub-Saharan Africa. Through these partnerships, Ireland fully engages with the governments, communities, donors, EU and UN agencies on the basis of poverty reduction strategy plans, PRSPs. The valuable development work of our civil society partners, including NGOs and missionaries, is also supported on an ongoing basis.

Ireland, therefore, adopts a comprehensive and inclusive approach to the challenges of conflict and poverty. This approach, embracing all stakeholders, stands the best chance of reversing the negative trend of economic and social indicators in sub-Saharan Africa and facilitating real and positive change in the lives of millions of people.

Question No. 361 answered with QuestionNo. 195.
Question No. 362 answered with QuestionNo. 165.

UN Missions.

Bernard J. Durkan

Question:

363 Mr. Durkan asked the Minister for Foreign Affairs the role he sees for the UN in the context of international peacekeeping or peace enforcement; and if he will make a statement on the matter. [25525/04]

Peacekeeping is a central part of the work undertaken by the United Nations in fulfilling the first of the purposes for which it was established, to maintain international peace and security.

Conflicts and tensions in the Middle East, Africa, Central America and elsewhere have ensured a continuing demand for United Nations peacekeepers through the years. The need for UN peacekeeping continues to increase, especially in Africa. Secretary General Annan made it clear in his address to the National Forum on Europe on 14 October that the demands on the member states for troops and funding for peacekeeping operations is likely to grow in the years immediately ahead.

During the Cold War, a peacekeeping operation typically acted as buffer between parties to a conflict, in support of a ceasefire or a peace process, and to permit the affected population to resume normal life in reasonable security. These operations were generally mandated by the UN Security Council under Chapter VI of the UN Charter, which is concerned with the pacific settlement of disputes.

Since the end of the Cold War, peacekeeping operations have grown in number and complexity. The United Nations Security Council has been increasingly called upon to address intra-state conflict, where state institutions have broken down and gross violations of human rights have taken place, or are threatened. The Security Council has resorted more and more to the deployment of peacekeeping troops, and authorising peacekeeping operations under Chapter VII of the Charter which is concerned with action with respect to threats to the peace, breaches of the peace, or acts of aggression.

Along with the increased resort to robust Chapter VII mandates, the UN has turned to regional organisations and "coalitions of the willing" to undertake and lead missions under the overall authority of the Security Council. Examples include the operations launched to liberate Kuwait in 1991, to stabilise Bosnia, SFOR, and Kosovo, KFOR, and to restore order in East Timor, INTERFET. In many cases, these operations, having dealt with the immediate crisis, made way for a more traditional UN peacekeeping operation. This took place, for instance, in East Timor, facilitating the emergence of the independent Timor Leste, in Sierra Leone, in the north-east of the Democratic Republic of the Congo, where the French-led EU "Operation Artemis" restored stability, and in Liberia, where US and west African troops acted under the authority of the Security Council to restore order and handed over to a UN operation.

It is the firm belief of the Government that the United Nations will remain centrally involved in peacekeeping. We welcome the Brahimi report, which was directed at making UN peacekeeping operations more efficient and effective, and look forward to its full implementation.

In the coming years, regional and sub-regional organisations can be expected increasingly to develop crisis management capacities, and to exercise them under the overall authority of the Security Council. This applies particularly to the European Union. During the recent Irish Presidency, important progress was made in implementing the EU-UN joint declaration on co-operation in crisis management. Secretary General Annan, in his address to the National Forum on Europe, emphasised the importance that he attached to the capacities that the EU can make available to the UN in its task of maintaining international peace and security. The African Union is also developing its capacity for crisis management, and under the Irish Presidency, agreement was reached on an African peace facility, under which the EU would make €250 million available to the AU to help it to develop its capacities. It is facing its first big test in the Darfur area of the Sudan where it has mounted a monitoring mission under the authority of the UN Security Council.

As the Secretary General made clear in Dublin last week, peacekeepers from the developed countries will continue to be required to provide capacities not yet available in the defence forces of developing countries. As an indication of Ireland's commitment to the region, 480 members of the Irish Defence Force are serving with the UN mission in Liberia.

In the Government's view, the security of states rests ultimately on the international legal order and in the mutual guarantees that reside in the UN Charter. When this order is under threat, states are called upon to act in its defence. Peacekeeping under the authority of the United Nations is therefore an essential expression of our foreign policy. This is reflected in Ireland's continuous involvement in peacekeeping operations, mandated or authorised by the United Nations Security Council, since 1958.

Ireland is currently providing personnel for UN peacekeeping operations in Liberia, Côte d'Ivoire, Western Sahara, the Democratic Republic of the Congo, Cyprus, Lebanon, Kosovo, Timor Leste and the Middle East. Ireland also provides military personnel to multinational operations authorised by the United Nations Security Council in Kosovo, KFOR Bosnia-Herzegovina, SFOR, and Afghanistan, ISAF. A number of Permanent Defence Force personnel participated last year in EU Operation Artemis in the Democratic Republic of Congo, which was mounted at the request of the United Nations Secretary General and on foot of UN Security Council Resolution 1484.

Foreign Conflicts.

Bernard J. Durkan

Question:

364 Mr. Durkan asked the Minister for Foreign Affairs the extent to which he and his EU colleagues are monitoring the situation in the Balkans; and if he will make a statement on the matter. [25526/04]

The EU has taken the lead role in working with the countries of the western Balkans to consolidate peace and stability in the region and to promote economic development and respect for human rights and the rule of law. The situation in the western Balkans remains a regular item on the agenda for the monthly meetings of the General Affairs and External Relations Council.

The EU-Western Balkans summit, which was held in Thessaloniki in June 2003, agreed a shared agenda for progress towards the objective of the eventual integration of the countries of the region into EU structures. Progress is based on the implementation of wide-ranging administrative, political and economic reforms, in the framework of the Union's stabilisation and association process.

The Government ensured that during Ireland's Presidency, the priority which the EU has attached to the western Balkans was fully maintained. Ireland worked to strengthen the Union's overall policy framework, which provides for individual progress by the countries of the region, in the context of closer regional co-operation. Significant progress was made in the implementation of commitments made by the EU under the Thessaloniki agenda, notably with the adoption in June of European partnerships for each of the countries of the region. The partnerships draw on the experience of the latest enlargement process. As agreed at Thessaloniki, the Union has also strengthened its political dialogue with the countries of the western Balkans.

The decisions taken by the EU in the first half of this year on the applications for membership by Croatia and the former Yugoslav Republic of Macedonia should be an encouragement to the other countries of the region to persevere with the reform process. On 6 October, the European Commission presented its strategy paper on the enlargement process, which recalled the June European Council decision to begin accession negotiations with Croatia early in 2005. The Commission put forward suggested elements for a negotiating framework, which I expect will be adopted by the Council in the coming months.

As agreed by the Council in May, the Commission is preparing its formal opinion on the application from the former Yugoslav Republic of Macedonia. The process is expected to take about one year. Progress on the application will depend in large part on the full implementation of the Ohrid framework agreement, which ended the conflict in the country in 2001 and which provides for the creation of a truly multi-ethnic society in which the rights of the ethnic Slav and ethnic Albanian populations are fully respected. One of the most important elements which remains to be implemented is the decentralisation of local government, which involves the redrawing of administrative boundaries with the objective of safeguarding the rights of minorities and their participation in decision making. The necessary legislation has been adopted by Parliament, but it will be the subject of a referendum on 7 November following the organisation of a petition by members of the ethnic Slav community who oppose the measures.

At the most recent meeting of the General Affairs and External Relations Council, which I attended in Brussels on 11 October, discussion on the western Balkans focused on the prospects for progress towards negotiations for a stabilisation and association agreement with Serbia and Montenegro and on the situation in Kosovo. The Council welcomed the results of the joint visit to Belgrade on 5 October by Commissioner Patten and High Representative Solana. The purpose of the visit was to discuss the details of the twin-track approach which Ministers agreed in September should be adopted towards negotiations with Serbia and Montenegro on economic and trade matters. The Council welcomed the decision of the Commission to resume work on its feasibility study, which I hope will enable progress on the opening of negotiations with Serbia and Montenegro early next year. The Council was also briefed by the chief prosecutor of the International Criminal Tribunal for the former Yugoslavia, Ms. Carla del Ponte, following which the Council emphasised the need for all the countries of the region to fulfil their pledge to co-operate fully and unequivocally with the tribunal.

The Council also considered the situation in Kosovo, which will remain an important subject for attention in the months ahead, in preparation for the review of progress on the implementation of standards which will be carried out in mid-2005. The Council emphasised the importance of the Kosovo Assembly elections, which will be held on 23 October, and welcomed the statement by the President of Serbia calling on the Kosovo Serb parties to participate. The EU will continue to work closely with the UN, with the wider international community and with the authorities in Belgrade and Pristina in the interests of a multi-ethnic, democratic Kosovo, consistent with EU values and standards, and contributing to the stability of the region.

The situation in Bosnia and Herzegovina remains under review by the Council. The country has made considerable progress this year in implementing reforms in the 16 major areas identified by the Commission's feasibility study in November 1993. I hope that progress will be sufficient to enable a Council decision in the coming months on the opening of negotiations for an agreement with Bosnia. The June European Council adopted a comprehensive policy towards Bosnia and Herzegovina, which sets out practical arrangements to enhance the coherence and effectiveness of the EU's developing political, economic and security role in co-operation with the Bosnian authorities. A further significant development will be the transition by the end of the year from the UN-mandated, NATO-led SFOR peacekeeping force in Bosnia to an EU-led force.

Negotiations for a stabilisation and association agreement with Albania have been continuing since early 2003. Progress has been relatively slow and it is important that the pace of implementation of reforms is stepped up to enable the conclusion of the negotiations. I recognise the strong desire of the Albanian Government to implement the necessary reforms, and I hope that this will ensure sufficient progress to enable the conclusion of the negotiations during 2005.

Question No. 365 answered with QuestionNo. 166.

Overseas Development Aid.

Finian McGrath

Question:

366 Mr. F. McGrath asked the Minister for Foreign Affairs if he will include CORI justice commission policy recommendations (details supplied) in all policy areas within his Department. [25735/04]

I refer to the issues raised in the CORI policy recommendations relating to official development assistance.

With regard to the UN target, the programme for Government commits the Government to spend 0.7% of GNP on ODA by 2007. The Government will make every effort to meet that target. ODA has increased dramatically in recent years from €158 million in 1997 to an expected outturn of €475 million for the current year. Based on current GNP estimates, we will reach 0.4% of GNP this year. The 2005 Estimates process is under way and I will urge that substantial progress be made to enable us reach the UN target quickly.

On the WTO, CORI recommends that the budget should resource the development of Ireland's policies in the WTO to ensure they support a fair deal for developing countries. The Government agrees that the current round of WTO negotiations must focus on the needs and interests of developing countries to promote their integration into the world trading system. If developing countries are to achieve the millennium development goals by 2015, they must be facilitated and supported towards their fullest participation, on an equal and fair basis, in the global trade system. Least developed countries in particular often lack the resources to articulate fully and advance their national interests in the WTO negotiations. Ireland is conscious of the need to provide developing countries with the means to engage in the trade negotiations and to implement complex WTO rules and to that end we have been involved, both with the WTO and other relevant multilateral organisations, in funding trade capacity-building, particularly in recent years.

With regard to developing country debt, in July 2002, Ireland adopted a progressive policy on developing country debt which, among other issues, advocates debt cancellation for heavily indebted poor countries under certain circumstances. The strategy also concluded that, where debt cancellation was agreed, it should be accompanied by strong monitoring and accountability mechanisms to ensure that the additional funds would be directly channelled into increased social expenditure. Ireland also believes that debt cancellation must be financed by financial resources in addition to those earmarked for official development assistance.

EU Constitution.

John Gormley

Question:

367 Mr. Gormley asked the Minister for Foreign Affairs his views on the solidarity and the mutual defence clauses in the proposed EU Constitution; the impact of same on Ireland’s neutrality; and if he will make a statement on the matter. [25373/04]

The solidarity clause and so-called mutual defence clause are separate issues in the European constitution.

As regards the solidarity clause, Article I-43, it is for each member state to determine how to respond to a request from another member state in case of terrorist attack or natural or man-made disaster. No member state is bound to take any particular course of action. The European Constitution also contains a declaration on the solidarity clause, which clearly states that none of the provisions of the solidarity clause are intended to affect the right of another member state to choose the most appropriate means to comply with its own solidarity obligation towards another member state. Any decisions having military implications under the solidarity clause would be taken by unanimity. The Government has welcomed and supported this provision which is fully consistent with our traditional policy of military neutrality.

With regard to the so-called "mutual defence clause", Article I-41.7 of the treaty, the constitution states that if a member state is a victim of armed aggression on its territory, the other member states will have a obligation of aid and assistance by all the means in their power, in accordance with Article 51 of the UN Charter. Importantly for Ireland, the article goes on to make clear that this obligation shall not prejudice the specific character of the security and defence policy of certain member states.

As the Taoiseach and my predecessor have consistently made clear, in the event of another member state coming under attack, we would continue, as we do now, to determine our own response, consistent with our own constitutional and legal arrangements. Ireland is not bound by any mutual defence commitment and the entry into force of the European Constitution will not change this. Our traditional policy of military neutrality is not altered or compromised by this Article in the constitutional treaty.

Question No. 368 answered with QuestionNo. 174.

Sport and Recreational Development.

Thomas P. Broughan

Question:

369 Mr. Broughan asked the Minister for Arts, Sport and Tourism if he intends to award further sports partnerships; and if he has other initiatives in hand to promote sport at school and in localities. [25001/04]

As the Deputy is aware, the Irish Sports Council is the statutory body with responsibility for the development of sport, including initiatives to promote sport in local areas. The provision in funding for the Irish Sports Council in the 2004 Estimates is more than €30 million, in comparison with just over €13 million in 2000.

The Programme for Prosperity and Fairness committed the Government to the introduction of local sport partnerships to help promote and develop sport at local level. In its first strategy document, A New Era for Irish Sport-2000-2002, the Irish Sports Council included the establishment of local sports partnerships as one of its main priorities.

The Irish Sports Council, following the receipt of proposals from local bodies, approved and funded the establishment of eight partnerships in May 2001 and a further four were established in early 2002. These are located in Clare, Donegal, Fingal, Kildare, Laois, Roscommon, Sligo, Tipperary North, Cork, Limerick, Meath and Waterford.

At my Department's request the Irish Sports Council commissioned a review of the operation of four of the original eight partnerships. Following the completion and consideration of this review, I gave approval in 2003 to the Irish Sports Council to extend the network of local sports partnerships by a further four, bringing the total number of LSPs to 16. These four partnerships are now being established and are located in Kerry, Westmeath, Kilkenny and Mayo. In 2004, €2.3 million has been allocated to the LSPs to cover the 12 existing and four newly established sites. Since 2001, a total of almost €6.7 million has been allocated to the LSPs by the Irish Sports Council.

An independent appraisal and review of the entire local partnership process will be carried out by my Department later this year to obtain confirmation that this element of sport policy continues to have an impact at local level. The question of extending the partnerships to further areas of the country will be considered in the light of the outcome of that appraisal.

The Irish Sports Council is responsible for a number of initiatives aimed at promoting sport in local areas. The sport for young people grant scheme is distributed through the vocational education committees to promote sporting opportunities for young people, particularly those in areas of social and economic disadvantage. That grant scheme is open to the vocational education committees, which do not currently have local sports partnerships in their areas.

The designated areas scheme and underage participation scheme provide significant funding to the FAI, GAA and IRFU, to assist these organisations to develop programmes for increasing participation in sport by young people in the three main field sports.

The Buntús programme is also being rolled out by the Irish Sports Council through the local sports partnership network to primary schools. The programme aims to support the primary PE curriculum by providing equipment, resource cards and training to teachers and allows teachers and introductory level coaches introduce sport to children in a safe and fun way.

The code of ethics and good practice for children's sport was launched in 2000 by the Irish Sports Council and provides guidelines to sports organisations in promoting good practice in children's sport. The core message in the code is that sport must be safe, must be fun and no matter what young people are involved in, that it takes place in a spirit of "fair play".

The European Year of Education through Sport 2004, EYES 2004, is an important European Commission initiative in the area of education and sport, which I launched along with my colleague, the Minister for Education and Science, in Croke Park in January this year. As part of our national programme in this regard, this initiative will be used to promote the importance of sport within the education system, particularly in promoting social inclusion.

The national lottery-funded sports capital programme, which is administered by my Department, is run on an annual basis and allocates funding towards the provision of sporting and recreational facilities to voluntary and community organisations at local, regional and national level throughout the country. A total of €330 million has been allocated to over 4,200 projects under the programme since 1998. Subject to certain conditions, schools and colleges are included provided that their applications are made jointly with local sports clubs or community groups.

It is my intention that a proposed national audit of local sports facilities be carried out in conjunction with the development of a sports facilities strategy. As the Deputy will appreciate, completion of a review of the sports capital programme is a necessary precursor to the development of overall strategy in this area. As this review is now in its final stages, I intend to set up an inter-agency steering group to oversee the project.

The Department of Education and Science will be represented on this group. I have no doubt that the facility needs to cater for school children and this will be one of the key issues to be considered in the sports facilities strategy, the development of which will heavily influence the scope and requirements of the national audit of sports facilities.

Museum Projects.

Tony Gregory

Question:

370 Mr. Gregory asked the Minister for Arts, Sport and Tourism if the historic vessel, the Asgard, is in safe keeping at its location; the Department with responsibility for it; the plans for its conservation; when it is intended to put the Asgard on public view; the resources being made available for its long-term development; and if he will make a statement on the matter. [25106/04]

The historic vessel, the Asgard, by arrangement with the National Museum of Ireland, is in safe keeping at John’s Road, Inchicore, under the care of the Office of Public Works. The vessel is an archaeological object as defined by the National Monuments Act 1930 as amended by the National Monuments (Amendment) Act 1994 and, as such, my Department takes responsibility for its preservation.

The Office of Public Works is carrying out a feasibility study for a new permanent exhibition space-location to house the Asgard. Further progress on the conservation of the vessel and putting it on public view will depend on the resources available to my Department in 2005.

Arts Funding.

David Stanton

Question:

371 Mr. Stanton asked the Minister for Arts, Sport and Tourism the assistance available to choirs to enable them to purchase equipment, rent rooms, and so on; and if he will make a statement on the matter. [25204/04]

The availability of assistance for choirs is a matter for the Arts Council and not one in which I have any function.

Swimming Pool Projects.

Seán Ó Fearghaíl

Question:

372 Mr. Ó Fearghail asked the Minister for Arts, Sport and Tourism the status of Kildare County Council’s proposal for a new swimming pool for Athy, County Kildare; the likely timescale for the delivery of the programme; and if he will make a statement on the matter. [25246/04]

The contract documents, submitted by Kildare County Council, for the refurbishment of the swimming pool in Athy are under consideration in my Department. Kildare County Council has also applied for grant aid for the replacement of the swimming pool in Naas and the contract documents for that project are also under consideration.

Under the local authority swimming pool programme, projects are considered on a case-by-case basis and consideration is given to such issues as to the number and geographical spread of projects within and between counties, whether the area is classified as disadvantaged, the viability of the project, particularly in relation to operational and maintenance issues, overall funding package for the project and technical details. The Department's annual Estimates provision for the programme also has a significant influence on the flow of projects through the approval process.

Sports Funding.

Joan Burton

Question:

373 Ms Burton asked the Minister for Arts, Sport and Tourism the role his Department has in relation to the horse and greyhound fund; if the income and expenditure of the fund are available, including the main expenditure of the fund in each of the past three years and the sources of income of the fund. [25394/04]

Under Section 12 of the Horse and Greyhound Racing Act 2001, the horse and greyhound racing fund was established "for the purpose of giving support to horse and greyhound racing". The fund is controlled by the Minister for Arts, Sport and Tourism and is split 80%-20% between Horse Racing Ireland and Bord na gCon.

In accordance with section 12(3) and (4) of the Act, the Minister shall pay into the fund out of moneys provided by the Oireachtas, in the year 2001, an amount equivalent to the revenue paid into the Exchequer in the year 2000 from excise duty on off-course betting. In the year 2002 and in each subsequent year, an amount equivalent to the revenue from excise duty on off-course betting paid into the Exchequer in the preceding year or the year 2000 increased by reference to the consumer price index, whichever is greater.

The amounts paid each year, up to and including the end of September 2004, to Horse Racing Ireland and Bord na gCon are set out in the following table:

Year

Amount of Fund provided in Vote of the Department

Amount paid from the Fund to 30 Sept 2004

Allocation paid to Horse Racing Ireland

Allocation paid to Bord na gCon

2001

58,890,000

58,890,000

47,112,000

11,778,000

2002

68,065,814

68,065,814

54,452,611

13,613,203

2003

64,186,000

64,186,000

51,349,000

12,837,000

2004

66,914,000

59,004,400

45,621,600

13,382,800

Total

258,055,814

250,146,214

198,535,211

51,611,003

The fund income in 2001 and 2002 was equivalent to the actual revenue from the duty on off-course betting in the preceding years. In 2003 and 2004 the revenue generated from the duty on off-course betting was supplemented by an Exchequer subvention of €16.2 million and €28.5 million respectively.

Section 12(5) of the Act states the aggregate amount paid into the fund shall not exceed £200 million, €254 million. As this amount will be exceeded by the end of 2004 by €4 million, the Horse and Greyhound Racing Fund Regulations 2004 have been prepared with the purpose of increasing the limit to not exceed €550 million and were laid before both Houses of the Oireachtas in draft form on 22 September 2004.

Sports Capital Programme.

Finian McGrath

Question:

374 Mr. F. McGrath asked the Minister for Arts, Sport and Tourism if he will include CORI justice commission policy recommendations (details supplied) in all policy areas within his Department; and if he will make a statement on the matter. [25730/04]

In terms of public services, the national lottery-funded sports capital programme, which is administered by my Department, is run on an annual basis and allocates funding towards the provision of sporting and recreational facilities to sporting and voluntary and community organisations at local, regional and national level throughout the country.

One of the programme's four stated main objectives is the prioritisation of the needs of disadvantaged areas in the provision of facilities. This objective is being met by prioritising applications for projects which are located in designated disadvantaged areas by requiring that that they need contribute less of their own funding towards projects than other applications and also by giving them a higher assessment score. In addition, applications which include programmes improving social inclusion also receive higher assessment scores.

In consultation with the Department of Community, Rural and Gaeltacht Affairs and Area Development Management, ADM, which is the agency with responsibility for the administration of the RAPID programme, disadvantaged areas under the sports capital programme are those designated by Government for special support through the schemes administered by DCRGA, namely, RAPID 1, RAPID 2, local drugs task force areas and CLÁR. The improved targeting of RAPID projects under the sports capital programme is regularly praised by ADM and also by the RAPID national monitoring committee.

In the past four years, a total of €120 million has been allocated under the sports capital programme to almost 1,300 projects in respect of the provision of facilities in areas categorised as disadvantaged.

Departmental Expenditure.

Richard Bruton

Question:

375 Mr. R. Bruton asked the Minister for Enterprise, Trade and Employment the total State expenditure on research and development and on science and technology in each year since 1997; the way in which it is distributed across the main economic sectors; and the main criteria of evaluation used for approving research programmes and the systems for ex post evaluation against critical performance indicators. [25131/04]

In response to the first part of the Deputy's question, the following statistical tables provide the main sectoral breakdown of science and technology expenditure. The table is compiled from Forfás statistical data produced in the context of the Forfás publication entitled State Expenditure on Science and Technology, otherwise known as the science budget. A range of more detailed statistical analyses are available in the Forfás publication.

Current prices Table 1: Total State Expenditure on R&D, 1997- 2003, €m

1997

1998

1999

2000

2001

2002

2003

195.8

209.1

248.9

318.5

378.3

391.2

450.8

Table 2: Total State Expenditure on R&D broken down by socio-economic objectives, 1997-2002, €m

Socio-economic objectives

1997

1998

1999

2000

2001

2002

Exploration and exploitation of the earth

0.8

1.0

1.0

1.3

11.4

2.8

Infrastructure and general planning of land-use

5.0

6.2

6.1

3.4

10.1

8.2

Control and care of the environment

3.9

3.6

3.6

4.6

6.4

10.5

Protection and improvement of human health

5.2

6.5

7.4

12.6

15.3

19.8

Production, distribution and rational utilisation of energy

0.3

0.2

0.0

0.0

0.0

0.0

Agricultural production and technology

57.5

44.1

51.1

47.4

88.3

79.8

Industrial production and technology

58.6

62.8

76.3

69.6

58.1

54.0

Social structures and relationships

10.4

9.9

10.7

12.6

15.3

17.8

Research financed from general university funds (GUF)

44.4

51.3

60.4

63.3

69.2

81.2

Non-oriented research

9.8

23.5

32.3

103.8

104.3

117.2

Total

195.8

209.1

248.9

318.5

378.3

391.2

Table 3: Total State Expenditure on Science and Technology, 1997- 2003, €m

1997

1998

1999

2000

2001

2002

2003

929

1,124

1,159

1,360

1,693

1,784

1,778

With regard to the criteria for the evaluation of research programmes, a range of different approaches are employed by the implementing agencies under the aegis of my Department as follows: Science Foundation Ireland, SFI, utilises a rigorous international peer review process as its method of evaluation of research projects submitted in response to its calls for proposals. In terms of ex post evaluation, SFI's terms and conditions require that a detailed annual report outlining progress on the research project be prepared by the research body or principal investigator and submitted to SFI for examination. Additionally, SFI carries out site visits in advance of the annual report process. Each project is measured against agreed performance indicators and progress recorded.

Turning to research funding delivered through Enterprise Ireland and the other industrial development agencies which is provided on the basis of criteria set out in a number of schemes established under a general framework set out in the Industrial Development Acts, these schemes are part of the productive sector operational programme, PSOP, under which they are continuously monitored and evaluated against established performance indicators. A mid-term evaluation of the PSOP was completed and published in late 2003.

Working in conjunction with Forfás, my Department also sponsors independent evaluations of key research programmes. Such evaluations are undertaken on a regular basis as a way of assessing performance in the context of overall policy development and providing a basis for any necessary adjustment. During the course of 2004 it is intended to complete evaluations of a number of Enterprise Ireland's collaborative and applied research programmes. These individual evaluations will provide input to a review of applied research being undertaken by the Department under the established expenditure review process overseen by the Department of Finance. This review is scheduled for completion early in the new year.

A review of the outcomes arising from Ireland's participation in the European Space Agency will also be completed shortly. In addition, an overall evaluation of Science Foundation Ireland will shortly commence. This evaluation is expected to be completed during the first half of 2005.

Job Creation.

Dinny McGinley

Question:

376 Mr. McGinley asked the Minister for Enterprise, Trade and Employment if he will consider engaging with the Department of Communications, Marine and Natural Resources and the Department of Transport to address the lack of proper road access to the north west, the adoption of an open skies policy to Derry City Airport and Carrickfin, the provision of an all-encompassing broadband fibre optic and radio broadband infrastructure and to co-ordinate services that will enable development agencies to attract investment and foster indigenous job creation; and if he will make a statement on the matter. [25268/04]

Dinny McGinley

Question:

377 Mr. McGinley asked the Minister for Enterprise, Trade and Employment the contingency plans being put in place to address the spiralling jobs crisis in Donegal; if he intends to introduce initiatives, for example, tax breaks, to sustain existing businesses and to stimulate business expansion; and if he will make a statement on the matter. [25269/04]

Dinny McGinley

Question:

378 Mr. McGinley asked the Minister for Enterprise, Trade and Employment if he intends exploring mechanisms through the North-South Ministerial Council to address the jobs crisis in Donegal; if he has plans to designate the north-west Border area as a pilot area in order to stimulate investment and foster job creation through the indigenous sector; and if he will make a statement on the matter. [25270/04]

Dinny McGinley

Question:

379 Mr. McGinley asked the Minister for Enterprise, Trade and Employment his plans to resurrect the 1999 task force on jobs in Donegal. [25271/04]

I propose to take Questions Nos. 376 to 379, inclusive, together.

In regard to the infrastructure issues referred to by the Deputy, I have raised these with my colleagues, the Minister for Communications, Marine and Natural Resources and the Minister for Transport. I am advised that the national roads serving the north west have benefited from the major increase in investment in the national roads programme in recent years. Major upgrade projects completed include the Donegal bypass, the Mountcharles bypass and the Clar-Barnesmore section of the N15. Major upgrade projects have also been completed on the M1, N2, N3, and N4, the main access routes to the north west. In addition, work is currently underway on the Sligo inner relief road, N4, the Ashbourne and Carrickmacross bypasses, N2, and the Ballyshannon-Bundoran bypass, N15. It is clear, therefore, that roads serving the north west have been major beneficiaries of the increased investment in the national roads programme. The north west, in common with the rest of the country, will continue to benefit from the national road development programme underway.

As regards air transport, I am advised that under European air transport liberalisation measures, any air carrier licensed by a member of the European Economic Area, EEA, may introduce air services on any route within the EEA without Government or EU controls, subject only to the availability of airport slots at either end of the route and, of course, overall safety considerations. As a result, the provision of air services on any particular route is essentially a matter for the commercial judgement of the individual airline.

As regards telecommunications services, I am advised that their provision is primarily a matter for the fully liberalised private sector. However, because investment in infrastructure by the sector has failed to keep pace with the demand for broadband, the Government's regional broadband programme is addressing the infrastructure deficit with a number of targeted interventions that will enable the delivery of broadband to all areas.

An indicative €200 million from ERDF and Government funding under the NDP 2000-2006 is being invested in State-owned broadband infrastructure that includes the 26 metropolitan area networks in the major centres including Letterkenny and Gaoth Dobhair, and community broadband exchanges in over 90 towns with a population of more than 1,500. In addition to these, the group broadband scheme offers funding assistance of up to 55% to smaller towns and rural communities to pool their requirements and obtain broadband in their area using the most suitable delivery platform such as wireless or satellite technology.

With regard to possible initiatives in the tax area, I should state that responsibility for tax policy rests with the Minister for Finance in the first instance. However, I would point out that the current low rate of corporate taxation of 12.5% represents a significant incentive for business to establish and develop here in Ireland, as does the low tax burden on employment.

With regard to the North-South Ministerial Council, the Deputy will be aware that it cannot meet at present due to the suspension of the Northern Ireland Assembly. However, the various implementation bodies set up pursuant to the Good Friday Agreement continue to carry out their important functions. InterTradeIreland is the North-South body responsible for trade and business development on an all-island basis. It is committed to establishing and facilitating business networks and developing and deepening trade and business co-operation throughout the island of Ireland, including the Border and north-west regions. I look forward to the restoration of the institutions set up under the Good Friday Agreement and to working with northern colleagues to promote business development and co-operation across this island.

I very much regret the recent job loss announcements in County Donegal. Finding alternative employment for the workers affected is a priority for FÁS and the State development agencies. FÁS has been in contact with the companies concerned and has offered its full range of support services to those who will lose their jobs.

IDA Ireland and Enterprise Ireland are committed to the development of the north-west region and continue to strive to secure new investment for Donegal. Both agencies are working closely with their existing base of companies in the region. In its efforts to secure investment, IDA Ireland is working with Invest Northern Ireland, on a virtual cross-Border park which will involve joint marketing efforts and planned improved telecoms infrastructure on a cross-Border basis. Construction of the Letterkenny Business Park has been completed and construction by Donegal County Council to extend Letterkenny ring road to this park is well advanced. Work has now been completed on the provision of a second 25,000 sq. ft. advance factory at the park and planning permission has been granted for a third advance facility. Planning permission has been obtained for a new facility at Ballyshannon and IDA Ireland has undertaken a significant amount of site development work recently on the site. In addition, further land has been purchased in Buncrana and planning permission has been obtained for a 20,000 sq. ft. factory. IDA Ireland is currently working with a local private developer in the provision of advance space within this estate.

Enterprise Ireland works with companies in the north west to assist them grow their sales and exports and improve innovation in order that they can compete on world markets. The agency is encouraging these companies to adopt new technologies and to move up the value chain. Its range of supports include strategy development, production and operations, marketing, human resources development, finance and research and development.

With regard to the Donegal employment initiative taskforce report, the Donegal county development board, CDB, was charged with its implementation in 2000. The CDB which includes the State development agencies, local interest and representative groups, as well as the local authorities, was viewed generally as the most appropriate vehicle for taking forward the task force recommendations. The recommendations of the task force were incorporated into the CDB's ten year strategy, An Stráitéis, for Donegal. I understand that a review of the original taskforce report and An Stráitéis is currently being finalised and will be considered shortly by the Donegal county development board.

At the request of my predecessor, An Tánaiste, the expert group on future skills needs, which operates under the aegis of Forfás, is, in conjunction with IBEC, undertaking a detailed analysis of the education and skills requirements of the north west region. I understand that this work will be completed shortly.

I wish to assure the Deputy that the Government, with the State development agencies, is committed to balanced regional development, particularly through the implementation of the national spatial strategy and the Government's decentralisation programme. The State development agencies will continue to work together to promote the north west, to attract investment and foster job creation there.

EU Funding.

Liam Aylward

Question:

380 Mr. Aylward asked the Minister for Enterprise, Trade and Employment when a decision will be made on the application under the equal funding scheme by a group (details supplied) in County Carlow. [25390/04]

My Department received a total of 59 applications for ESF funding under the EQUAL community initiative, by the closing date of 17 September 2004. The EQUAL selection committee will meet on 17 November 2004 for a preliminary review of the selection process. The selection committee will meet again on 1 December 2004 to approve approximately 20 development partnerships for ESF funding under the second round of EQUAL community initiative.

All applicants will be advised of the outcome of the selection process in mid December 2004 with the intention of successful projects commencing activity in January 2005.

Semi-State Bodies.

Paul Kehoe

Question:

381 Mr. Kehoe asked the Minister for Enterprise, Trade and Employment if he will give a breakdown of the number of companies supported by IDA Ireland in each county here; the number of employees employed in those IDA Ireland supported companies per county; the amount of grant aid awarded to the IDA Ireland supported companies over the past ten years; and if he will give a breakdown per county. [25397/04]

The following tables show the following data: the number of IDA Ireland supported companies in each county from 1994 to 2003, inclusive; the number of employees in IDA Ireland supported companies in each county from 1994 to 2003, inclusive; and the amount of grant aid awarded to IDA Ireland supported companies in each county from 1994 to 2003, inclusive. IDA Ireland does not provide a company-by-company breakdown of the grant aid awarded in each county for confidentiality and competitive reasons.

Number of IDA supported Companies in each county from 1994 to 2003, inclusive.

County

1994

1995

1996

1997

1998

1999

2000

2001

2002

2003

Carlow

7

7

7

7

8

8

8

8

8

8

Cavan

11

11

10

10

10

10

10

9

8

7

Clare

13

13

14

13

13

13

13

10

9

8

Cork

112

113

110

109

121

133

134

132

134

134

Donegal

14

14

11

11

11

12

14

13

13

13

Dublin

372

426

511

565

593

690

667

577

535

499

Galway

38

38

42

44

45

46

51

52

54

52

Kerry North

11

11

11

10

10

11

11

11

11

11

Kerry South

14

13

13

13

14

14

12

12

11

12

Kildare

25

27

27

27

25

27

28

28

27

27

Kilkenny

8

8

8

9

9

9

9

10

10

8

Laois

7

7

7

8

8

5

5

6

5

5

Leitrim

4

4

4

6

5

5

5

6

6

6

Limerick

47

46

44

44

48

44

40

40

39

39

Longford

9

9

9

10

10

9

7

8

7

8

Louth

26

26

27

28

29

27

25

22

19

20

Mayo

21

21

18

18

19

21

26

25

26

24

Meath

14

14

14

15

18

18

20

20

20

18

Monaghan

6

6

6

6

6

6

6

7

8

8

Offaly

13

13

12

11

12

14

13

12

11

10

Roscommon

10

9

9

9

9

9

9

9

9

8

Sligo

17

17

17

17

19

19

21

21

24

24

Tipperary North

10

8

8

8

8

8

8

7

5

6

Tipperary South

10

12

11

12

12

10

12

12

12

12

Waterford

28

29

28

28

32

33

31

31

32

32

Westmeath

16

16

16

17

19

18

20

19

19

18

Wexford

19

20

19

20

20

20

19

16

16

15

Wicklow

26

23

24

24

25

27

26

25

24

22

Total

908

961

1,037

1,099

1,158

1,266

1,250

1,148

1,102

1,054

Number of employees in IDA supported companies in each county from 1994 to 2003, inclusive.

County

1994

1995

1996

1997

1998

1999

2000

2001

2002

2003

Carlow

1,405

1,224

1,156

1,135

1,200

1,176

1,123

1,102

1,058

1,019

Cavan

1,266

1,312

1,236

1,239

1,257

1,218

1,218

1,231

1,236

1,169

Clare

1,103

1,114

1,141

1,162

1,130

1,188

1,211

1,081

914

890

Cork

10,775

11,453

11,953

12,499

13,763

15,037

18,025

18,532

18,204

18,162

Donegal

4,362

4,497

4,199

4,134

3,838

2,772

2,739

2,574

2,640

2,287

Dublin

22,707

25,559

29,305

34,187

39,454

45,951

52,250

49,082

47,858

46,081

Galway

4,836

5,484

6,140

7,266

7,798

7,875

9,256

9,114

8,296

8,406

Kerry North

1,131

1,064

971

736

683

840

1,027

1,190

1,083

1,004

Kerry South

1,114

979

1,029

1,123

1,253

1,356

1,619

1,771

1,361

1,201

Kildare

3,901

5,199

6,793

8,766

8,785

8,871

10,670

10,100

10,214

10,222

Kilkenny

333

370

326

384

434

392

304

357

429

338

Laois

874

862

852

808

707

337

344

298

285

270

Leitrim

385

370

393

326

259

311

242

576

674

1,244

Limerick

6,442

6,942

7,412

7,849

8,860

9,778

10,651

10,061

8,937

8,443

Longford

815

816

811

699

744

437

369

402

423

559

Louth

3,564

3,713

3,200

3,409

3,476

3,518

3,771

2,621

2,524

2,339

Mayo

2,979

3,111

2,932

2,711

3,170

3,195

3,749

3,874

3,502

3,468

Meath

1,205

1,255

1,281

1,296

1,340

1,232

1,289

1,246

1,173

1,097

Monaghan

478

507

498

476

490

457

438

442

469

335

Offaly

1,447

1,533

1,516

1,479

1,534

1,884

1,620

1,308

1,198

1,109

Roscommon

603

653

864

924

970

974

1,026

1,009

984

1,068

Sligo

1,943

2,069

2,183

2,295

2,461

2,508

2,551

2,419

2,502

2,397

Tipperary North

1,193

1,255

1,349

1,383

1,330

1,355

1,486

1,413

946

714

Tipperary South

1,273

1,535

2,130

1,992

1,178

1,400

1,703

2,102

2,202

2,028

Waterford

3,757

3,765

3,873

4,345

4,971

4,912

4,697

4,943

5,294

5,669

Westmeath

2,155

1,912

2,077

2,402

2,430

2,293

2,687

2,797

2,776

2,177

Wexford

1,572

1,742

1,924

1,989

1,972

1,997

2,016

1,822

1,897

1,851

Wicklow

1,979

2,129

2,039

2,217

2,377

2,935

3,044

2,810

2,925

3,446

Total

85,597

92,424

99,583

109,231

117,864

126,199

141,125

136,277

132,004

128,993

Amount of grant aid awarded to IDA supported companies in each county from 1994 to 2003, inclusive.

County

1994

1995

1996

1997

1998

1999

2000

2001

2002

2003

€000s

€000s

€000s

€000s

€000s

€000s

€000s

€000s

€000s

€000s

Carlow

7

0

220

103

71

333

238

19

0

0

Cavan

660

444

716

769

629

261

0

57

95

80

Clare

239

157

390

431

233

244

254

124

279

712

Cork

9,881

16,022

20,474

13,807

32,521

22,082

16,449

21,831

16,970

12,370

Donegal

5,354

109

252

229

148

723

1,981

983

4,697

203

Dublin

29,235

33,573

39,903

74,612

71,710

112,760

49,250

48,220

15,105

25,796

Galway

4,017

10,366

13,295

19,257

13,846

9,147

11,255

7,766

2,502

9,040

Kerry

1,576

1,236

2,434

804

630

2,913

4,635

3,244

1,931

1,123

Kildare

16,857

22,628

44,670

44,513

16,706

6,729

6,263

7,156

61,293

23,917

Kilkenny

273

986

258

477

1,111

451

57

111

35

262

Laois

45

44

79

367

321

119

336

184

79

149

Leitrim

116

255

45

228

52

174

25

274

154

1,464

Limerick

18,537

15,388

22,337

11,073

19,268

19,844

15,531

1,141

1,923

654

Longford

1,119

843

208

71

413

539

0

23

1,311

490

Louth

3,232

5,550

1,642

2,079

4,053

2,387

21,880

34

321

41

Mayo

2,400

1,672

3,136

2,068

1,920

2,101

8,705

4,119

2,526

1,567

Meath

191

2,302

726

283

680

374

946

408

586

209

Monaghan

1,039

233

131

68

61

75

0

52

0

0

Offaly

2,484

113

1,342

108

293

392

885

509

399

592

Roscommon

584

1,326

1,541

1,479

748

1,026

658

537

516

1,102

Sligo

1,067

2,590

1,242

289

1,542

1,519

1,149

1,558

1,335

1,801

Tipperary North

650

173

254

144

144

23

0

619

0

1,579

Tipperary South

135

378

14,868

7,092

1,464

6,087

4,013

4,463

2,101

1,101

Waterford

2,306

2,446

3,819

2,752

3,194

4,479

2,988

1,481

2,747

4,795

Westmeath

1,219

141

1,495

3,959

2,536

306

1,610

833

2,735

1,599

Wexford

1,851

3,076

2,175

2,952

666

1,487

1,585

894

128

1,000

Wicklow

2,455

4,376

1,659

1,728

1,013

3,278

2,354

1,107

875

7,231

Total

107,529

126,427

179,311

191,742

175,973

199,853

153,047

107,747

120,643

98,877

Work Permits.

Pat Breen

Question:

382 Mr. P. Breen asked the Minister for Enterprise, Trade and Employment the position regarding a work permit for a person (details supplied) in County Clare; and if he will make a statement on the matter. [25404/04]

A work permit application was received in respect of the individual concerned on 27 September 2004. A decision will be made in this case shortly and the employer will be notified.

Export Controls.

John Gormley

Question:

383 Mr. Gormley asked the Minister for Enterprise, Trade and Employment further to Parliamentary Question No. 242 of 5 October 2004, the position regarding an issue (details supplied). [25469/04]

Unfortunately, due to an administrative error within my Department, incorrect information was given in the reply to the Deputy's question on this issue on 5 October last. The full position regarding the issue was outlined by me in a reply to a question on the same matter on 6 October — reference 23741/04. Also on 6 October, a reply was issued to Amnesty International on the same lines.

Community Employment Schemes.

Brian O'Shea

Question:

384 Mr. O’Shea asked the Minister for Enterprise, Trade and Employment his views on whether the number of years a person can spend on the community employment scheme should be extended beyond the present three-year cap; and if he will make a statement on the matter. [25470/04]

As part of the Government's decision in 1999 to restructure community employment, CE, future participation in CE by an individual was capped at three years, effective from April 2000. The three-year cap was amended in August 2001 to allow FÁS greater flexibility with regard to the retention of particularly disadvantaged persons on the programme.

The terms and conditions of participation on CE are currently under review. There has been extensive consultation with key stakeholders and the social partners, including CORI, over the past year on the future direction of FÁS labour market programmes. All submissions received as part of this process are being fully considered and will help inform the outcome of the review.

Job Creation.

John Perry

Question:

385 Mr. Perry asked the Minister for Enterprise, Trade and Employment the number of jobs created by IDA Ireland and Enterprise Ireland in Counties Sligo and Leitrim in 2001, 2002, 2003 and to date in 2004; the number of jobs lost in each county for that period; the sectors of the economy which have suffered the worst losses; the steps taken to promote employment; and if he will make a statement on the matter. [25481/04]

Support for job creation and retention in individual counties is a day-to-day operational matter for the industrial development agencies. The agencies are actively promoting counties Sligo and Leitrim for new investment and jobs on an ongoing basis, with IDA Ireland actively marketing the county as a location for additional foreign direct investment through its network of overseas offices and Enterprise Ireland concentrating on the development of indigenous industries. Both agencies are also working with existing clients in the counties with a view to helping them expand their activities.

Job creation and job losses are a feature of economic development in all countries as various sectors expand and contract in response to market demand for goods and services, competitive forces, restructuring and technological change. The Forfás annual employment survey records jobs gained and lost, and figures are published for the previous year on a cumulative basis at the beginning of the following year. The latest figures available are for 2003.

According to IDA Ireland overseas investment in both counties is performing well with a number of projects announcements and expansions over the period, including the following: Abbott Laboratories announced in July 2001 that the company planned to establish a major new pharmaceuticals manufacturing facility in Sligo, which will employ 195 people. Construction of the project has been completed and production has commenced; in March 2003 Abbott Laboratories made a further announcement that the company planned to invest €45 million in the expansion of its diagnostics facility at Finisklin and a further €55 million in the development of a new facility in Longford. The projects will create 350 jobs in Sligo and 600 jobs in Longford. Construction of both facilities is well underway and recruitment is ongoing; MBNA, the world's largest independent credit card lender has established a new contact centre at Carrick-on-Shannon and the company has recruited aggressively over the past three years in Leitrim and the surrounding counties; and Eaton Corporation has established a new operation in Manorhamilton and now employs approximately 200 persons. The company has plans to develop the business further in Manorhamilton and has been recruiting over the past 18 months.

Job losses in IDA Ireland supported companies in Sligo and Leitrim have occurred in the engineering and consumer products sectors.

Enterprise Ireland has approved funding of almost €2.4 million and made payments of approximately €1.7 million to client companies in Counties Sligo and Leitrim, since the beginning of 2003 to date. It has approved funding of €460,000, under its competitiveness fund, to five companies in Sligo and Leitrim. It is working with Sligo and Letterkenny ITs on an enterprise development programme called commercialising enterprise in management, which provides training for graduates wishing to set up their own business. It has helped to fund the construction of three community enterprise centres in County Sligo and seven in County Leitrim. In addition, two further centres have been approved for County Leitrim under the community enterprise centre programme 2002 at Ballinamore and Drumshambo. Enterprise Ireland also instigated the setting up of a north-west region community enterprise centre association in October 2003. It has approved €2.54 million in 2003 in support of the Sligo IT campus-based business incubation cFÁS. Some €157,000 has also been approved towards the cost of a centre manager.

In terms of job losses in Enterprise Ireland supported companies in the counties, the most job losses were recorded in the food, plastic-rubber and furniture-wood related sectors.

The following tables provide details of total employment, jobs gained, jobs lost and the net change in Counties Sligo and Leitrim for each of the agencies for the years 2001 to 2003 inclusive.

Job Data for Enterprise Ireland supported companies in County Sligo from 2001 to 2003, inclusive.

Enterprise Ireland County Sligo

2001

2002

2003

Permanent Employment

1,782

1,814

1,789

Jobs Gained

166

240

187

Jobs Lost

-216

-208

-212

Net Change

-50

32

-25

Job Data for Enterprise Ireland supported companies in County Leitrim from 2001 to 2003, inclusive.

Enterprise Ireland — County Leitrim

2001

2002

2003

Permanent Employment

1,070

961

926

Jobs Gained

53

73

28

Jobs Lost

-55

-182

-63

Net Change

-2

-109

-35

Job Data for IDA Ireland supported companies in County Sligo from 2001 to 2003, inclusive.

IDA Ireland — County Sligo

2001

2002

2003

Permanent Employment

2,419

2,502

2,397

Jobs Gained

92

163

102

Jobs Lost

-224

-80

-207

Net Change in Employment

-132

83

-105

Job Data for IDA Ireland supported companies in County Leitrim from 2001 to 2003, inclusive.

IDA Ireland — County Leitrim

2001

2002

2003

Permanent Employment

576

674

1,244

Gross Gains (New Jobs)

336

117

575

Job Losses

-2

-19

-5

Net Change in Employment

334

98

570

Social Partnership Policy.

Finian McGrath

Question:

386 Mr. F. McGrath asked the Minister for Enterprise, Trade and Employment if he will include CORI justice commission policy recommendations (details supplied) in all policy areas within his Department. [25733/04]

Account is taken in relevant policy areas within the ambit of the Department of the views of all of the social partners, including CORI.

Social Welfare Benefits.

Pat Breen

Question:

387 Mr. P. Breen asked the Minister for Social and Family Affairs if disabled children will be included on a carer’s travel pass; and if he will make a statement on the matter. [24984/04]

The free travel scheme is available to all people living in the State aged 66 years or over, to all carers in receipt of carer's allowance and to carers of people in receipt of constant attendance or prescribed relative's allowance. It is also available to people under age 66 who are in receipt of certain disability type welfare payments, such as disability allowance, invalidity pension and blind person's pension.

Children who are registered as blind or visually impaired with either the National Council for the Blind of Ireland or the National League of the Blind of Ireland are also entitled to free travel. Further extensions to the free travel scheme would have to be considered in a budgetary context.

Michael Ring

Question:

388 Mr. Ring asked the Minister for Social and Family Affairs if a person who is in receipt of carer’s allowance is debarred from going on a further education course which would involve 27 hours per week; and if their carer’s allowance will be affected if they take up this course. [25035/04]

The principal conditions for receipt of carer's allowance are that full-time care and attention is required and being provided and that the means test which applies is satisfied.

Where a person in receipt of carer's allowance takes up an educational course or part-time employment which exceeds ten hours per week, then that person would generally no longer satisfy the qualifying conditions for receipt of the allowance and consequently payment of the allowance would cease.

However, persons who have been in receipt of carer's allowance for over 15 months and take up an approved education course that is certified as being full-time, may have an entitlement to back to education allowance. This is subject to certain qualifying criteria being satisfied.

If the Deputy has a particular case in mind and provides further details, my Department will then be in a position to advise accordingly.

Fergus O'Dowd

Question:

389 Mr. O’Dowd asked the Minister for Social and Family Affairs the changes in regulations which will allow persons who have class D stamps to qualify for social welfare payments; and if he will make a statement on the matter. [25036/04]

Permanent and pensionable public servants employed, including for example teachers and those working in local authorities, who were employed before April 1995 are liable for PRSI class D contributions. Class D contributors have traditionally been insured for a limited range of social insurance benefits: widow's or widower's and orphan's (contributory) pensions; bereavement grant; occupational injuries benefits; and carer's benefit. The level of benefits available broadly reflects the level of social insurance contribution paid and the reduced need for protection or coverage against the main other contingencies such as illness, unemployment and old age.

Public servants and civil servants recruited after 6 April 1995, however, are insurable at PRSI class A. These contributions can provide entitlement to the full range of social welfare benefits and pensions.

The number of public and civil servants paying PRSI class A is steadily increasing and will over time come to represent the norm throughout the public sector. At this stage, there are no plans to make any further changes to the PRSI arrangements for public servants.

Billy Timmins

Question:

390 Mr. Timmins asked the Minister for Social and Family Affairs the position on the payment of the rent allowance to a recipient of the lone parent’s allowance who is now on FÁS and in receipt of €175 per week from FÁS; if their rent allowance will be reduced in view of this; and if he will make a statement on the matter. [25054/04]

Subject to certain conditions the supplementary welfare allowance scheme, which is administered on behalf of my Department by the health boards, provides for the payment of rent supplement to eligible people whose means are insufficient to meet their accommodation costs.

The regulations governing rent supplement stipulate that, in addition to a minimum contribution, currently €13, each recipient is required to contribute towards his or her rent any additional assessable means he or she has over and above the appropriate basic supplementary welfare allowance rate.

In the case of a person who has additional income as a result of participation in an approved training course, such as those run by FÁS, the means test provides for a weekly disregard of up to €50 of such additional income for rent supplement purposes. It is likely that the rent supplement payable to the person, in the position as outlined by the Deputy, will be reduced in view of the increase in his or her income.

Michael Ring

Question:

391 Mr. Ring asked the Minister for Social and Family Affairs the reason a person (details supplied) in County Mayo is not receiving unemployment benefit, and when they can expect to receive payment. [25075/04]

The person concerned made a claim for unemployment benefit from 24 August 2004. The deciding officer disallowed the claim on the grounds that the person is not unemployed.

The person concerned has appealed this decision to the social welfare appeals office. The appeal has been referred to the appeals officer who is of the opinion that an oral hearing is required. She will be advised of the date and venue for the hearing when the necessary arrangements have been made.

Under social welfare legislation decisions on claims must be made by deciding officers and appeals officers. These officers are statutorily appointed and I have no role in regard to making such decisions.

Pension Provisions.

Michael Ring

Question:

392 Mr. Ring asked the Minister for Social and Family Affairs when a person (details supplied) in County Mayo will be awarded and receive invalidity pension. [25076/04]

An applicant must be permanently incapable of work and satisfy certain PRSI conditions to qualify for invalidity pension.

The person concerned applied for invalidity pension on 23 August 2004. Although she fulfilled the medical eligibility criteria the social insurance, PRSI, conditions were not satisfied. She was refused invalidity pension and was notified of this decision on 14 October 2004, the reasons for it and of her right of appeal to the social welfare appeals office.

Under social welfare legislation, decisions on claims must be made by deciding officers and appeals officers. These officers are statutorily appointed and I have no role in regard to making such decisions.

Social Welfare Benefits.

Fergus O'Dowd

Question:

393 Mr. O’Dowd asked the Minister for Social and Family Affairs the reason a person (details supplied) in County Louth was refused mortgage interest supplement; and if he will make a statement on the matter. [25079/04]

Subject to certain conditions, the supplementary welfare allowance scheme, which is administered on behalf of my Department by the health boards, provides for the payment of a weekly or monthly supplement in respect of mortgage interest to eligible people in the State whose means are insufficient to meet their accommodation needs.

One of the conditions for receipt of mortgage interest supplement is that the applicant must have been in a position to meet the mortgage repayments when he or she entered into the loan agreement originally.

The North Eastern Health Board was contacted regarding this case and has advised that the person concerned did not satisfy the board that she was in a position originally to meet the repayments. Her application was refused accordingly. The board has no record of an appeal from the person concerned.

Michael Ring

Question:

394 Mr. Ring asked the Minister for Social and Family Affairs when a person (details supplied) in County Mayo will be awarded the fuel allowance. [25087/04]

Free fuel allowance is payable to persons on certain long-term social welfare or health board payments who live alone or with other social welfare recipients and where they are unable to provide for their own heating needs.

There is no record of a free fuel application for the household concerned. While carer's allowance, which the person concerned is receiving, is not a qualifying payment for receipt of free fuel allowance, the care recipient may have an entitlement to the allowance based on his old age pension entitlement. An application form has been forwarded to him for completion. His entitlement to the allowance will be further examined on receipt of this application.

Billy Timmins

Question:

395 Mr. Timmins asked the Minister for Social and Family Affairs the position with regard to a person who will qualify for a contributory old age pension (details supplied) in the near future; if, in view of the fact that it is usually a six day week for social welfare, this person can sign for the three days; and if he will make a statement on the matter. [25127/04]

Social welfare legislation provides that all unemployed persons must satisfy the conditions of being available for full-time employment and genuinely seeking work to be entitled to an unemployment payment. A person who fails to satisfy these conditions on an ongoing basis is not entitled to an unemployment payment.

The amount of unemployment benefit payable for any day of unemployment, Monday to Saturday, for casual and part-time workers, is one sixth of the weekly rate. However, in the case of a systematic short-time worker, the amount of unemployment benefit payable for any day of unemployment is one fifth of the weekly rate. In addition, the number of days worked and the number of days of unemployment paid cannot exceed five in any working week.

Social welfare legislation provides that a person is regarded as being engaged in systematic short-time working where his or her full-time working week is reduced by his or her employer due to a downturn in business and where there is a clear repetitive pattern of employment each week. The number of days of benefit payable each week to a systematic short-time worker is limited to ensure that the total number of days paid and the number of days worked do not exceed five. Unemployment benefit and assistance are payable up to age 66.

If the Deputy supplies details of the case in question I will have the matter examined.

Michael Ring

Question:

396 Mr. Ring asked the Minister for Social and Family Affairs the reason the unemployment assistance appeal by a person (details supplied) in County Mayo was disallowed considering that letters have been submitted to prove that this person is actively seeking employment but just cannot work; and the reason their payment stopped when they are genuinely seeking work. [25157/04]

A deciding officer disallowed the unemployment assistance claim of the person concerned and an appeals officer upheld this decision. A letter outlining the grounds of the appeals officer's decision was issued to her on 2 September 2004. An appeals officer's decision is final in the absence of new facts or fresh evidence.

The person concerned made a repeat application for unemployment assistance on 8 October 2004. However, the application form was incomplete. The person concerned has been contacted and on receipt of the completed application her case will be re-examined. When a decision is made, she will be notified of the outcome.

Under social welfare legislation, decisions on claims must be made by deciding officers and appeals officers. These officers are statutorily appointed and I have no role in regard to making such decisions.

Michael Ring

Question:

397 Mr. Ring asked the Minister for Social and Family Affairs the estimated cost of extending the Christmas bonus payment to all persons in receipt of short-term payments which include short-term unemployment payments, disability, maternity benefit, carer’s benefit; family income, supplement and supplementary welfare allowance; and the number of persons currently receiving these short-term payments. [25158/04]

As the Deputy will be aware, the Christmas bonus will again be paid this year to all recipients of long-term social welfare payments, at a rate equivalent to 100% of the person's normal weekly payment, subject to a minimum payment of €30. The measure will cost an estimated €127.4 million in 2004 and will benefit some 1.2 million persons comprising 816,000 recipients and 386,000 dependants.

The estimated cost of extending the Christmas bonus to all persons in receipt of short-term payments, including short-term unemployment payments, disability, maternity benefit, carer's benefit, family income supplement and supplementary welfare allowance, is €28.3 million. The number of persons receiving these short-term payments is 196,000.

Seán Crowe

Question:

398 Mr. Crowe asked the Minister for Social and Family Affairs if the case of a person (details supplied) in County Dublin will be investigated. [25169/04]

Subject to certain conditions, the supplementary welfare allowance scheme, which is administered on behalf of my Department by the health boards, provides for the payment of a weekly or monthly supplement in respect of rent to eligible people in the State whose means are insufficient to meet their accommodation needs and who do not have accommodation available from any other source.

The South Western Area Health Board was contacted regarding this case and has advised that the person concerned made an application for rent supplement in October 2003 following her move from local authority accommodation in Athlone. Her application was refused in accordance with the legislation governing the payment of rent supplement which stipulates that a supplement is not payable to a person who has vacated accommodation provided by a local authority unless the board is satisfied that there is reasonable cause for so doing.

The person concerned appealed this decision to the health board appeals officer and my Department's chief appeals officer. On both occasions the appeals officers determined that the reasons put forward for her move from existing local authority housing did not represent reasonable cause. Her appeals were disallowed.

The person concerned recently made further inquires regarding entitlement to rent supplement. She was again informed that she does not satisfy the conditions for receipt of rent supplement. As happened at the time of her original application in October 2003, she was advised that she should contact her local authority with regard to her housing needs.

Social Insurance.

Richard Bruton

Question:

399 Mr. R. Bruton asked the Minister for Social and Family Affairs the total level of social insurance contributions and details of that paid by employers, by employees and by the self-employed in each year since 1997 including his estimate for 2004 based on the returns for the year to date. [25280/04]

The requested information is contained in the following table.

Table: The total level of Social Insurance Contributions paid by Employers, Employees and the Self-Employed from 1997 to 2004.

Year

Employer

Employee

Self-Employed

Other

Total

€ 000

€ 000

€ 000

€ 000

€ 000

1997

1,370,009

450,346

124,389

346

1,945,090

1998

1,580,740

427,163

130,555

1,444

2,139,902

1999

1,834,010

489,014

161,810

2,733

2,487,567

2000

2,763,419

745,569

190,051

26,801

3,725,838

2001

3,251,639

819,752

189,191

45,773

4,306,355

2002

3,520,443

974,219

252,455

51,126

4,798,243

2003*

3,692,896

1,077,203

277,696

40,737

5,088,532

2004**

4,050,000

1,170,000

342,000

35,000

5,597,000

*Provisional figures
**Estimated figures

Social Welfare Benefits.

Michael Ring

Question:

400 Mr. Ring asked the Minister for Social and Family Affairs if he will amend the guidelines for the living alone allowance in the budget for 2005 in order that persons in receipt of the pre-retirement allowance who live alone can receive this payment. [25310/04]

The living alone allowance is an additional payment of €7.70 per week made to people receiving certain social welfare payments who are living alone. In general, the payment is made to those who have reached pension age and are receiving a social welfare pension and those under that age receiving certain invalidity type schemes.

Extending the allowance to recipients of the pre-retirement allowance would involve granting eligibility to a category of people who are not old age pensioners or incapacitated. Such an extension would have implications for other social welfare recipients under 66 years of age. Any change in policy in relation to the living alone allowance would have to be considered in a budgetary context.

Social Welfare Code.

Kathleen Lynch

Question:

401 Ms Lynch asked the Minister for Social and Family Affairs if persons in receipt of social welfare and who hold SSIA accounts will have their payments affected once their accounts mature; and if he will make a statement on the matter. [25349/04]

In assessing means for social assistance purposes account is taken of any cash income the person may have, together with the value of capital and property. Capital may include the following: stocks and shares of every description, which are assessed according to their current market value, and savings certificates, bonds or national instalment savings, which are assessed according to their current market value. Money invested in a bank, building society etc. and any monetary amounts held in SSIA accounts are treated in the same manner as all other capital outlined above.

New arrangements for the assessment of capital were introduced in October 2000. Under these arrangements, the first €12,697.38 of capital is disregarded and the assessment is on a sliding scale for amounts above this. In the case of old age pension, for example, a single pensioner with capital of up to €21,585.53 qualifies for a full pension while a single pensioner with capital of up to €68,565.84 qualifies for a minimum pension.

The new system continued and enhanced the policy of ensuring that those with modest amounts of capital receive the greater share of available support, whereas the small proportion of people with large amounts of capital are in a position to avail of it to contribute towards meeting their needs.

Pension Provisions.

Michael Ring

Question:

402 Mr. Ring asked the Minister for Social and Family Affairs when agreement will be made on whether the PRSI refund for personal pension payments should come from the Collector General or his Department; and when this matter will be decided. [25410/04]

Provision has been made to exempt from PRSI contributions payments made to personal retirement savings accounts, PRSAs, introduced under the Pensions (Amendment) Act 2002 and payments to other personal pensions in the form of ordinary retirement annuity contracts, which are paid through the payroll system. These arrangements were provided for in the regulations that govern the PAYE system.

Contributions to PRSAs and other personal pensions may also be made in a personal capacity outside the payroll system. Social welfare legislation provides for the return, subject to certain conditions, of PRSI contributions paid in respect of payments made to such pensions by employees or proprietary directors outside the payroll system.

My Department and the Revenue Commissioners are in consultation to agree mechanisms to refund in these cases, as the calculation of a refund requires input from both the Revenue and social welfare systems. I expect that the necessary procedures will be agreed in the near future. As soon as the necessary mechanisms are in place, information as to how to claim a refund will be publicised and all refunds due will be paid in full.

Social Welfare Benefits.

Martin Ferris

Question:

403 Mr. Ferris asked the Minister for Social and Family Affairs when it is proposed to introduce the promised all-Ireland free travel scheme for pensioners. [25440/04]

Under the existing free travel scheme, pass holders who reside in the Republic of Ireland can travel free within the South. Similarly, people who live in Northern Ireland and who hold a concessionary travel pass can travel free within the North. Under the special cross-Border arrangements in place since 1995, both southern and northern pass holders can undertake cross-Border journeys free of charge.

The introduction of free travel on an all-Ireland basis would enable southern pass holders to make free onward journeys within the North. Similarly, Northern Ireland pass holders would be able to make internal journeys within the South free of charge.

There are a number of issues to be resolved to implement an enhanced all-Ireland free travel system on these lines. These issues will require co-operation between my Department and the department for regional development in Northern Ireland as well as the relevant northern and southern transport operator companies.

My predecessor met with the Minister of State at the department for regional development in Northern Ireland last month to explore the potential for co-operation between the two Departments with regard to the proposal. Contacts are continuing between officials of the two Departments.

Social Partnership Policy.

Finian McGrath

Question:

404 Mr. F. McGrath asked the Minister for Social and Family Affairs if he will include CORI justice commission policy recommendations (details supplied) in all policy areas within his Department. [25737/04]

The recommendations to which the Deputy refers form part of CORI's most recent policy briefing in which it sets out its main recommendations for budget 2005.

In the latter regard, I recently held a pre-budget forum, attended by 27 different organisations, including CORI. These organisations, representing the welfare interests of a wide variety of people, put forward a range of proposals and initiatives relevant to my Department. At the forum, I also extended a personal invitation to each of the organisations attending to meet with me on an individual basis over the next number of months and this process is already in train.

I will be developing budget proposals on the various proposals within my own area of responsibility, having regard to the views expressed by the various organisations who attended the forum, including CORI, and in the light of existing Government commitments on social welfare schemes.

Haulage Industry.

Seán Crowe

Question:

405 Mr. Crowe asked the Minister for Transport if he will support the case of a person (details supplied) in County Tipperary. [25045/04]

The holding of a certificate of professional competence, CPC, is one of the requirements introduced by the European Council Directive 74/562/EEC for any person wishing to engage in the occupation of road freight and passenger transport manager. To comply with this requirement there must be some person in the haulage company acting as transport manager. This person must hold the CPC and will effectively manage and control the haulage operation.

In this particular case the holder of the road haulage licence does not hold a CPC and his brother, who holds a CPC, is the designated transport manager for the business.

However the CPC is specific to the person who obtains it and is, consequently, non-transferable. A CPC can only be obtained by passing one of the examinations approved by the Chartered Institute of Transport and Logistics, which is the competent authority in Ireland for CPCs. Full details of courses and examinations in the Tipperary area can be obtained from the Chartered Institute of Transport and Logistics.

Air Services.

Eamon Ryan

Question:

406 Mr. Eamon Ryan asked the Minister for Transport if an aircraft citation jet with a call sign N379P has been given permission for landing and take-off at Shannon Airport within the past four years. [25160/04]

In accordance with the 1944 Chicago Convention on International Civil Aviation, aircraft may come into Ireland for technical stops such as for refuelling purposes, as this aircraft has done, without notifying the Department of Transport, and no notification about this aircraft was received by my Department.

However, as I indicated in an earlier reply to a parliamentary question on 7 October 2004, my Department has been informed by Shannon Airport management that this particular aircraft, number N379P, owned by Premier Executive Transport Services, a small US airline, has used Shannon airport 13 times in the past five years, 2000 to 2004. The aircraft has not used any other Irish airport. Each landing was a technical stop, that is, for refuelling or other technical reasons. On no occasion did any passengers join or leave the flight at Shannon.

The aircraft used Shannon once in each year of 2000, 2001, in September of that year, and 2003, and ten times in 2002, and not at all so far in 2004. On these occasions the aircraft was routed from Shannon to airports or airbases in the UK, USA, or Canada.

Furthermore, I understand that the US authorities have confirmed to the Department of Foreign Affairs that prisoners are not being transported through Irish airports to Guantanamo or elsewhere. The US side also confirms that it would not seek to use Irish airports for this purpose in the future without seeking the authorisation of the Irish authorities.

Rail Services.

Eamon Ryan

Question:

407 Mr. Eamon Ryan asked the Minister for Transport if the report that was due to be completed by Iarnród Éireann on the future of rail freight business here promised in April 2003 has been completed; and if he will provide a copy of the same. [25161/04]

Since the publication of the strategic rail review in 2003, my Department has held a number of meetings with Irish Rail at which the company has reported on its progress in improving the performance of its freight business.

Iarnród Éireann informs me that it has secured new contracts, has consolidated the business and has been targeting train load traffics which are best suited to the rail mode of transport.

Road Network.

Eamon Ryan

Question:

408 Mr. Eamon Ryan asked the Minister for Transport if his Department’s review of the National Roads Authority’s internal restructuring which is due to go to the Cabinet early in the autumn will include a possible re-organisation of the authority’s remit to include broader transport and environmental considerations. [25162/04]

The NRA engaged management consultants, PricewaterhouseCoopers, to review its arrangements for the implementation of the national roads programme and to make recommendations on the optimisation of these arrangements to secure further efficiencies in the implementation of the national roads programme and ensure value for money. The review has been submitted to my Department by the NRA. The contents and recommendations of the review are being considered in my Department.

The NRA, as an integral part of its approach to project appraisal and management, takes broader transport and environmental considerations fully into account in the planning and appraisal of road improvement projects. In particular the NRA has strengthened its arrangements for taking environmental considerations into account including the appointment of an environmental manager and archaeologists to the staff of the NRA; the inclusion of clear requirements in its project management guidelines relating to the identification and avoidance of environmental impact; and the publication of guidelines on the treatment of noise and vibration in road schemes and on ecological impact. Work is under way on further guidelines on environmental impact assessment, landscape mitigation, storm water run-off and water quality and waste management.

Road Safety.

Róisín Shortall

Question:

409 Ms Shortall asked the Minister for Transport if he will provide information on the primary legislation or other statutory instrument which bans the pulling of a trailer by a two-wheel drive vehicle; and if he will make a statement on the matter. [25274/04]

Road traffic law on the drawing of trailers by motor vehicles is set out in Part 4 of the Road Traffic (Construction and Use of Vehicles) Regulations 2003. The regulations contain no specific prohibition on the drawing of a trailer by a two-wheel drive vehicle and I have no plans to introduce such a prohibition.

Air Services.

John Deasy

Question:

410 Mr. Deasy asked the Minister for Transport if the Government provides the finance for the purchase of Aer Lingus aircraft; if so, the relevant figures for the past 20 years; and if it is the Government’s intention to provide such finance for this company in the future. [25362/04]

Over the past 20 years, the Government has invested a total of €260.3 million in Aer Lingus, the details of which are set out in the following table.

Year

Aer Lingus €m

1983

19.05

1984

19.05

1993

95.23

1994

63.49

1995

63.49

Total

260.31

All the investment was provided to assist with re-structuring of the company in times of crisis. In the 20-year period, the company has replaced and grown the fleet with funds generated from internal resources and from borrowings.

John Deasy

Question:

411 Mr. Deasy asked the Minister for Transport if the Government has made a decision to act on a report (details supplied) commissioned by it on the future of the national airline; and if he will make a statement on the matter. [25363/04]

The Goldman Sachs report on Aer Lingus is being considered by me and my officials. It has also been circulated to the members of the Cabinet sub-committee and a meeting of this committee will take place in the very near future.

This report will form an input into my deliberations and those of the Cabinet sub-committee prior to any decision by Government on the future of Aer Lingus. In accordance with the terms of Sustaining Progress, there will be engagement between my Department and the social partners on the future of Aer Lingus before the Government finalises its consideration of this matter.

Rail Network.

John Curran

Question:

412 Mr. Curran asked the Minister for Transport if, given that the Tallaght Luas line is operational, the feasibility of providing an extension to this line will be investigated to provide Luas facilities to Clondalkin village and its environs. [25414/04]

John Curran

Question:

415 Mr. Curran asked the Minister for Transport if, given that the Tallaght Luas line is operational, the feasibility of providing an extension to this line will be investigated to provide Luas facilities to Lucan and its environs. [25521/04]

I propose to take Questions Nos. 412 and 415 together.

Responsibility for the development of specific proposals for the expansion of Luas services lies with the Railway Procurement Agency. In considering future lines and extensions, the RPA will have regard to the overall Dublin Transportation Office strategy, as set out in A Platform for Change. I understand from the RPA that inquiries are received frequently from developers and community groups as to whether Luas lines could be extended to particular developments and neighbourhoods. However, neither my Department nor the RPA have to date received formal proposals about an extension to Lucan and its environs or Clondalkin village and its environs.

Road Haulage.

Richard Bruton

Question:

413 Mr. R. Bruton asked the Minister for Transport further to Parliamentary Question No. 467 of 15 June 2004, the response to the investigation he initiated; the reason an international road freight carriers licence continues to be held when the person is clearly in breach of the existing planning laws as regards the haulage business; and if he will make a statement on the matter. [25471/04]

The responsibility for the enforcement of planning laws rests with the relevant local authority in the first instance. The matter has been investigated and my Department has been informed by Kilkenny County Council that the haulage operations can continue to operate from the existing premises.

Driving Licences.

Paul Kehoe

Question:

414 Mr. Kehoe asked the Minister for Transport the action which must be taken to drive here by a person who holds a western Australia class C driving licence having previously held two provisional Irish licences; and if he will make a statement on the matter. [25493/04]

A temporary visitor to Ireland from Australia who holds an Australian driving licence or an international driving permit may drive here for the duration of the visit up to a maximum period of 12 months. Where a person who holds an Australian driving licence takes up residence in Ireland, he or she may exchange his or her licence for an Irish driving licence, without the need for a driving test. Application to exchange the licence is made to the local licensing authority.

Question No. 415 answered with QuestionNo. 412.

Airport Development Projects.

Seán Crowe

Question:

416 Mr. Crowe asked the Minister for Transport his position on the proposal by the Dublin Airport Authority to construct a new runway at Dublin Airport; if he has had contact with local residents and community groups on this matter and the nature of this contact; and his views on the suggestion that the development of new or existing airport facilities in the Dublin region might alleviate the need for a new runway at Dublin Airport and contribute to balanced planning. [25552/04]

Proposals relating to the development of Dublin Airport, including the planning and provision of runway capacity, are in the first instance a matter for the Dublin Airport Authority, which has statutory responsibility to manage, operate and develop the airport and to provide such facilities and services as it considers necessary for aircraft and passengers. The airport authority has announced its intention to submit a planning application to Fingal County Council for a second parallel runway before the end of the year.

Dublin Airport will remain the country's main airport serving the needs not just of the travelling public in our capital city and the surrounding counties but also of the country's tourism, business and freight sectors generally. Notwithstanding the greatly welcome increase over recent years in traffic at Shannon and Cork airports, and to a lesser extent at the regional airports, Dublin Airport will remain crucial to the economy. In this regard, passenger traffic through Dublin Airport is expected to increase from almost 16 million last year to more than 20 million by the end of this decade and is forecast to increase to 30 million by approximately 2018.

The national spatial strategy has also acknowledged that the expansion of the level of air services from Dublin Airport to a wider range of destinations is essential in the interests of underpinning Ireland's future international competitiveness. Dublin Airport has considerable scope and capacity to expand to cater for future growth in air traffic for the foreseeable future and accordingly, in their report of 1999, consultants Warburg Dillon Read confirmed that Dublin does not need a second airport. The lands necessary for the new runway began to be acquired in the late 1960s and, as far back as 1972, the then Dublin County Council included the proposed new runway in the county development plan.

The Dublin Airport Authority is completing an environmental impact statement to accompany its planning application for the new runway to Fingal County Council. In this regard, the company has consulted local communities and the public in general on the range of environmental impacts, for example, noise, water quality, drainage, etc., of the proposed runway and the EIS will outline the company's plans to manage and mitigate any such impacts. The planning process will provide the appropriate forum for all interested parties, including local communities and residents, to have their views on the proposed new runway heard and taken into account by the planning authorities.

Transport Policy.

Finian McGrath

Question:

417 Mr. F. McGrath asked the Minister for Transport if he will include CORI justice commission policy recommendations (details supplied) in all policy areas within his Department. [25738/04]

I have noted the recommendations made by CORI with regard to the budget for 2005 and transport. While a number of the recommendations form part of current policy, others will be considered in the context of future policies and investment programmes being undertaken by my Department over the coming years. Under Sustaining Progress, there is in existence a public transport partnership forum on which the social partners are represented and which makes recommendations and offers advice on various aspects of transport policy. CORI is represented on the community and voluntary pillar of the forum.

Security of the Elderly.

John McGuinness

Question:

418 Mr. McGuinness asked the Minister for Community, Rural and Gaeltacht Affairs if there is a group or association funded by his Department which would provide a pendant alarm for persons (details supplied) in County Kilkenny; and if there is a grant for which they can apply. [24987/04]

Under the scheme of community supports for older people, grant aid is available towards the once-off costs of purchase and-or installation of small-scale physical security equipment and socially monitored alarm systems. I have asked my officials to make the necessary arrangements in respect of an application for a pendant alarm and I understand that the local family resource centre will shortly contact the people referred to by the Deputy. Once the application is received, it will be assessed for eligibility against the scheme criteria. It is anticipated that the successful applicants will be notified early in December.

John McGuinness

Question:

419 Mr. McGuinness asked the Minister for Community, Rural and Gaeltacht Affairs if a claim for payment under the alarms for the elderly scheme submitted in 2003 to his Department will be awarded in view of the fact that the SEHB has honoured its commitment for 2003; and if the application forms and scheme details for groups and communities will be sent to a person (details supplied) as soon as possible. [24989/04]

Under the scheme of community supports for older people, grant aid is available towards the once-off costs of purchase and-or installation of small-scale physical security equipment and socially monitored alarm systems. It is a condition of the scheme that approval must be received in advance from the Department before any work is carried out. Department records indicate that the last application under this scheme from the group in question was received in respect of the 2001 scheme. In October of that year a grant of £5,400, €6,856.59, was paid to this group by the then Department of Social, Community and Family Affairs, which was then responsible for the scheme. An application form and guidelines in respect of the 2004 scheme have been sent to the person referred to in the Deputy's question.

Drugs Task Forces.

Charlie O'Connor

Question:

420 Mr. O’Connor asked the Minister for Community, Rural and Gaeltacht Affairs the contacts he has had with community drugs groups in the Tallaght area in respect of problems with drug abuse considered by many to be worsening; the results of those contacts; and if he will make a statement on the matter. [25137/04]

Earlier this year, I met representatives of a number of community based local drugs task force projects from Tallaght to discuss a range of issues of concern to them. I found this meeting useful and a number of the issues have since been progressed, including the question of funding shortfalls for projects that have been mainstreamed through the Departments of Health and Children and Education and Science. The mid-term review of the national drugs strategy is under way. The objective of the review is to examine the progress made to date in achieving the goals and actions set out in the strategy and to enable priorities for future action to be identified and a re-focusing of the strategy, if necessary, for the remaining period up to 2008. It is open to the Deputy or any of the drugs groups in Tallaght to make a written submission to the review on any issue of ongoing concern to them. In addition, it is open to them to attend the Dublin consultation session which is being held as part of the review in the Burlington Hotel on Thursday next, 21 October, at 6 p.m.

Limistéir Oifigiúla Gaeilge.

Brian O'Shea

Question:

421 D'fhiafraigh Mr. O’Shea den Aire Gnóthaí Pobail, Tuaithe agus Gaeltachta cén moladh atá aige, má tá, chun seans a thabhairt do limistéir taobh amuigh den Ghaeltacht stádas Gaeltachta a bhaint amach agus an ndéanfaidh sé ráiteas ina leith. [25144/04]

Mar is eol don Teachta, tá conradh chun staidéar teangeolaíoch ar úsáid na Gaeilge sa Ghaeltacht bronnta ar Acadamh na hOllscolaíochta Gaeilge, Ollscoil na hÉireann, Gaillimh, i gcomhar leis an Institiúid Náisiúnta um Anailís Réigiúnach agus Spásúil, Ollscoil na hÉireann, Má Nuad. Beidh an staidéar mar bhunús chun forbairt theangeolaíoch na Gaeltachta mar cheantar labhartha Gaeilge a threisiú agus athbhreithniú a dhéanamh ar na limistéir oifigiúla Gaeltachta. Tuigim go mbeidh na roghanna éagsúla tíreolaíocha agus deimeagrafaíochta, a mheastar a bheith oiriúnach mar bhunús chun na limistéir oifigiúla Ghaeltachta a shainiú, á scrúdú mar chuid den staidéar.

Grant Payments.

Michael Ring

Question:

422 Mr. Ring asked the Minister for Community, Rural and Gaeltacht Affairs when a person (details supplied) in County Mayo will be awarded a Gaeltacht house grant, given that the work is complete and the delay in issuing payment is causing hardship to this person. [25152/04]

Michael Ring

Question:

423 Mr. Ring asked the Minister for Community, Rural and Gaeltacht Affairs the position regarding a funding application by a group (details supplied) in County Mayo; if the application has been approved; and the funding they will receive. [25466/04]

My Department received an application for funding from the group in question under the 2004 programme of grants for locally based community and voluntary organisations. Assessment of the large number of applications received under this scheme is nearing completion and all applicants will be notified of the outcome of their application shortly.

Departmental Properties.

Paul McGrath

Question:

424 Mr. P. McGrath asked the Minister for Community, Rural and Gaeltacht Affairs the details of the ownership by the Government, past and present, of an area (details supplied) in County Roscommon. [25476/04]

The site referred to is in the ownership of Waterways Ireland, one of the six North-South Implementation Bodies established under the British-Irish Agreement Act 1999. It is held by Roscommon County Council under agreement dated 2 January 1945 between the Minister of Finance and Roscommon County Council.

Animal Welfare.

John McGuinness

Question:

425 Mr. McGuinness asked the Minister for Agriculture and Food the action taken by her Department in the case of a person (details supplied) in County Kilkenny relating to the poor state of health of the animals on their farm and the difficulties they have experienced in this regard over a seven-year period; if a cross-agency approach will be adopted in regard to this problem and immediate action instigated on foot of all the reports which are now available; and if she will make a statement on the matter. [24992/04]

Concerns were expressed by a small number of farmers regarding animal production on individual farms in County Kilkenny. In accordance with an established protocol, investigations involving a number of relevant agencies are under way. Representatives of the agencies concerned have met and will meet again to review the results of the investigative work under way.

Grant Payments.

Dinny McGinley

Question:

426 Mr. McGinley asked the Minister for Agriculture and Food if 1999 cattle headage will be granted to a person (details supplied) in County Donegal. [25065/04]

The person named was refused grants under the 1999 cattle headage scheme on the grounds that he had failed to comply with the provisions of the Diseases of Animals Act 1966. He appealed this decision through the headage and premia appeals unit of my Department and the original decision was upheld. He subsequently requested an oral hearing with the appeals unit following which the original decision to withhold cattle headage grants was again upheld. The person named then referred the matter to the Office of the Ombudsman but I understand that that office has not issued findings to date.

Michael Ring

Question:

427 Mr. Ring asked the Minister for Agriculture and Food the reason a person (details supplied) in County Mayo does not meet the conditions for income supplement or hardship grant schemes. [25074/04]

There are specific eligibility conditions attaching to the payment of income supplement under the TB and brucellosis eradication schemes. In particular, income supplement is payable when more than 10% of the herd is removed as reactors and where depopulation of the herd is not the chosen veterinary option. The person concerned did not qualify for income supplement as only one animal out of 52 was removed. The hardship grant scheme is aimed at assisting eligible owners-keepers with a restricted holding where animals are retained and fed during periods of restriction. The eligibility period is between 1 November and 30 April each year. The person concerned had his first reactor re-test completed on 4 June 2004. He had a further reactor re-test on 7 August 2004 and his herd was de-restricted on 20 August 2004. Since his period of restriction was outside of the eligibility period, he is not eligible for this grant.

Land Reclassification.

Paul McGrath

Question:

428 Mr. P. McGrath asked the Minister for Agriculture and Food if there is a timeframe within which persons who have acquired land from the Land Commission cannot dispose of such property. [25086/04]

There is no time restriction on the disposal of property acquired from the former Land Commission but provision must be made by the annuity holder for the payment of any ongoing land purchase-reclamation annuity to which the land is subject.

Grant Payments.

Paul Kehoe

Question:

429 Mr. Kehoe asked the Minister for Agriculture and Food the position regarding the scheme of investment aid for the potato sector; if and when further grants will be made; and if she will make a statement on the matter. [25110/04]

The first round of the farm investment aid scheme for the potato sector covered the period January 2001 to December 2002. The scheme received 140 applications. Some 38 applicants were approved for grants. The balance of applicants were written to and told that they were unsuccessful. There have been no further rounds of this scheme since then. Under the capital investment scheme for the marketing and processing of certain agricultural products, applications were invited earlier this year for grant aid to commercial enterprises towards the capital cost of specialised facilities for the handling and marketing of potatoes. The closing date for receipt of applications was 18 June 2004. The applications are being assessed and decisions on the award of grants will be taken shortly. Future funding of capital grant aid schemes in the potato sector will be determined in the context of the budgetary situation and the overall requirements for the development of the sector, particularly in value added projects.

Michael Ring

Question:

430 Mr. Ring asked the Minister for Agriculture and Food the number of applications relating to force majeure and exceptional circumstances which were received by the single payment scheme section of her Department; the number of these which have been dealt with to date; the number which were subsequently appealed; and the number of these appeals which were successful or unsuccessful. [25309/04]

John Perry

Question:

434 Mr. Perry asked the Minister for Agriculture and Food the number of applications her Department has received under the single payment force majeure and exceptional circumstances scheme; the number of applications that have been granted and the number refused; the reason for the refusals; the number at appeal stage; and if she will make a statement on the matter. [25478/04]

I propose to take Questions Nos. 430 and 434 together.

The following is the up to date position regarding the processing of 15,256 applications received under the force majeure-exceptional circumstances provisions of the single payment scheme:

Number

Number of cases processed

12,324

Number of successful applicants

1,615

Number of unsuccessful applicants

9,029

Number of applicants where additional information has been sought

2,680

Number of applicants who submitted an appeal to the Single Payment Advisory Committee

1,099

Number of successful appeals

101

Number of unsuccessful appeals

830

Appeal Cases under consideration

168

Applicants under the scheme were considered unsuccessful where the circumstances put forward were not deemed to satisfy the criteria for force majeure-exceptional circumstances under article 40 of Council Regulation (EC) No. 1782/2003.

Bovine Diseases.

Martin Ferris

Question:

431 Mr. Ferris asked the Minister for Agriculture and Food if the Government will request the European Commission to treat the Six Counties as a separate case in regard to the ban on UK beef. [25365/04]

This issue has been discussed on a number of occasions and at various levels with the British and Northern Ireland authorities, including at ministerial level. Efforts to have the remaining elements of the EU-wide ban rescinded are continuing but how this should be pursued is a matter for the UK authorities.

Grant Payments.

Paul Connaughton

Question:

432 Mr. Connaughton asked the Minister for Agriculture and Food the reason an area based payment and other payments have not issued to a person (details supplied) in County Galway; and if she will make a statement on the matter. [25396/04]

The person was selected for on-farm inspection in 2004. The inspector found that he had claimed entitlement to graze on a commonage for which he did not have a rental or leasehold agreement. This resulted in an area over-claim of 0.85 hectares or 3.65%. Where an over-claim of more than 3% or more than two hectares, but not exceeding 20% of the forage area declared, is established, the forage area found is reduced by twice the difference between the area declared and the area found. The reduced area found following penalty was 20.3 hectares and payment in respect of this area under the 2004 area based compensatory payments scheme will be made shortly.

The person named has to date lodged no applications under the 2004 EU special beef premium scheme and was not an applicant under the scheme in previous years. The person named is not an applicant under the 2004 suckler cow premium schemes or those of previous years. The person named submitted an application under the 2004 extensification premium scheme.

With regard to 2004 and earlier extensification premia, since he did not lodge special beef premium or suckler cow premium applications, there are no eligible animals on which payment can be based. If he submits a special beef premium application later in the year, he can be considered for payment under that scheme and the extensification premium scheme. Payment of the latter is not due to start until June 2005.

The person named had one animal eligible for payment under the 2003 EU slaughter premium scheme and was paid in full on this animal on 1 April 2004. So far he has no animals eligible for payment under the 2004 scheme. He received his full entitlements under the 2003 ewe supplementary premium and ewe national envelope on 2 February and 10 March 2004 but did not lodge a 2004 application under this scheme.

John Perry

Question:

433 Mr. Perry asked the Minister for Agriculture and Food when headage payment will be issued to a person (details supplied) for 2001, 2002, 2003 and 2004; if a decision will be expedited; and if she will make a statement on the matter. [25477/04]

Payments under the 2001, 2002, 2003 and 2004 area based compensatory allowance scheme were made to the person named on 25 September 2001, 15 October 2003, 8 December 2003 and 20 September 2004, respectively. The person named applied for premium on 53 animals under the 2001 suckler cow premium scheme. He has not lodged any application under the suckler cow scheme since.

Under the 2001 special beef premium scheme, the person named submitted two applications, one on 8 February 2001 in respect of two animals and one on 18 September 2001 in respect of six animals. Under the 2002 special beef premium scheme, the person named submitted one application on 26 November 2002 in respect of two animals. Under the 2003 special beef premium scheme, the person named submitted one application on 22 December 2003 in respect of three animals. Processing of these claims was suspended pending the completion of an investigation into the identification and registration of bovine animals on his holding. These investigations are now complete and full payment in respect of all animals applied on will issue shortly.

Under the 2004 special beef premium scheme, the person named has lodged three applications to date, one on 20 January 2004 in respect of two animals, one on 3 February 2004 in respect of three animals and one on 3 March 2004 in respect of one animal. The 60% advance payments in respect of all three applications issued on 18 October 2004 and amount to €720.00.

With regard to extensification premia for years 2001 to 2003, inclusive, eligibility has been established on stocking density grounds. Payment of this premium, which will issue shortly, will be based on the numbers of animals on which the person named has already qualified for payment of suckler cow premium and special beef premium. The person named submitted an application under the 2004 extensification premium scheme. Payments under this scheme are due to commence in June 2005. The application will be considered in due course.

Payments under the 2001 and 2002 ewe supplementary premium scheme were made to the person named on 20 July 2001, 3 November 2003 and 27 November 2003. Under the terms and conditions of the 2003 ewe supplementary scheme an applicant must have at least ten eligible ewes to qualify for payment. As the person named applied on only six ewes under the 2003 scheme he did not qualify for payment. No application was received from the person named under the 2004 ewe supplementary premium scheme.

Under the 2001 EU slaughter premium scheme, the person named had one animal deemed eligible for payment. Under the 2002 EU slaughter premium scheme, the person named had two animals deemed eligible for payment. Under the 2003 EU slaughter premium scheme, the person named had one animal deemed eligible for payment. Processing of these claims was suspended pending the completion of the investigation into identification and registration of bovine animals on his holding. Full payment in respect of eligible animals under the 2001, 2002 and 2003 EU slaughter premium schemes will issue shortly.

Under the 2004 EU slaughter premium scheme, the person named has had two animals deemed eligible for payment so far. The 60% advance payments of livestock premia commenced on 16 October 2004 and payment in amount of €96.00 has issued in respect of these animals.

Question No. 434 answered with QuestionNo. 430.

John Perry

Question:

435 Mr. Perry asked the Minister for Agriculture and Food when a decision will be made on the force majeure payment for a person (details supplied); and if she will make a statement on the matter. [25479/04]

The person named has been notified that the circumstances outlined in his single payment scheme application, that is, illness of the applicant, satisfied the criteria for force majeure-exceptional circumstances under article 40 of Council Regulation (EC) No. 1782/2003. The reference year 2002 will be excluded in the calculation of the provisional entitlements and the provisional entitlements for the above named person will be based on the reference years 2000 and 2001 only.

Paul Connaughton

Question:

436 Mr. Connaughton asked the Minister for Agriculture and Food when an area aid payment will issue to a person (details supplied) in County Galway; and if she will make a statement on the matter. [25531/04]

My Department has been corresponding with the person named over a long period concerning a land parcel, which is being claimed by the person named and another area aid applicant. This dual claim initially arose in 2003 and has been repeated in 2004. My Department proposes to pay the person named on foot of the area declared by him less this parcel — subject to any penalty arising from overdeclaration of the parcel. Payment will issue shortly and if the person named subsequently proves his entitlement to the parcel, payment can be increased accordingly.

Paul Connaughton

Question:

437 Mr. Connaughton asked the Minister for Agriculture and Food when an area aid grant will be awarded to a person (details supplied) in County Galway; and if she will make a statement on the matter. [25532/04]

The person named was selected for an on-farm inspection in 2004. His 2004 area aid application has been fully processed with an area of 39.27 hectares determined for payment purposes. Consequently payment under the 2004 area based compensatory allowance scheme will be made shortly.

Paul Connaughton

Question:

438 Mr. Connaughton asked the Minister for Agriculture and Food if all cattle headage and area based payments for 2004 have issued to a person (details supplied) in County Galway; and if she will make a statement on the matter. [25533/04]

During processing of the named person's area aid application, an incorrect date of receipt was recorded in the area aid unit of the Department. This resulted in a 15% late submission penalty. This error has been rectified and the application is fully processed with an area determined for payment purposes of 15.39 hectares. Payment under the 2004 area based compensatory allowance scheme issued to the person named on 17 September last. The person named is not an applicant under the suckler cow premium scheme or ewe supplementary premium scheme in 2004.

The person named has to date lodged no applications under the 2004 EU special beef premium scheme or the 2004 EU slaughter premium scheme. The person named has submitted an application under the 2004 extensification premium scheme. Payments under this scheme are due to commence in June 2005. The application will be considered in due course.

Asylum Applications.

John McGuinness

Question:

439 Mr. McGuinness asked the Minister for Justice, Equality and Law Reform the status of a person (details supplied) in County Kilkenny; and if they can now seek full-time employment without having to apply for a work permit. [24996/04]

The person in question arrived in the State and made an asylum application on 29 January 2002. On 10 February 2002 she gave birth. She withdrew her asylum application and applied for residency on the basis of parentage of that child. Following the decision of the Supreme Court in the cases of L & O, the separate procedure which then existed to enable persons to apply to reside in the State on the sole basis of parentage of an Irish born child ended on 19 February 2003. The Government decided that the separate procedure would not apply to cases, which were outstanding on that date. There are a large number of such cases outstanding, including the case to which the Deputy refers.

Since the person in question does not have an alternative legal basis for remaining in this jurisdiction, the issue of permission to remain will be considered but only in the context of a ministerial proposal to deport her. If, in the light of representations received and the range of factors set out in section 3(6) of the Immigration Act 1999, the Minister decides not to make a deportation order, she will be given leave to remain on a humanitarian basis in which case she will then be in a position to seek and enter employment in the State. I am unable to say when the file will be examined because of the large number of such cases on hand.

Garda Strength.

Thomas P. Broughan

Question:

440 Mr. Broughan asked the Minister for Justice, Equality and Law Reform the station strength of the Garda Síochána at Coolock, Raheny and Howth Garda stations for the years 1997, 1998, 1999, 2000, 2001, 2002, 2003 and to date in 2004. [24997/04]

I have been informed by the Garda authorities who are responsible for the detailed allocation of resources, including personnel, that the personnel strength of Coolock, Raheny and Howth Garda stations, which form part of the DMR northern division, as at 1 October for the years requested and as at 13 October 2004 was as follows:

Station

1997

1998

1999

2000

2001

2002

2003

2004

Coolock

85

86

89

89

88

84

86

82

Raheny

64

58

58

60

60

63

60

64

Howth

28

31

35

37

39

39

43

43

The policing of these area consists of patrols by local uniformed gardaí, the district detective unit, the special resource unit and the community policing unit. In addition, the divisional crime task force and the district drug unit also patrol these areas. Garda management will continue to appraise the policing and administrative strategy employed in the DMR northern division with a view to ensuring an effective Garda service is maintained. The situation will be kept under review by Garda management and when additional personnel next becomes available the needs of Coolock, Howth and Raheny Garda stations will be fully considered within the overall context of the needs of Garda stations throughout the country.

Citizenship Applications.

Dan Neville

Question:

441 Mr. Neville asked the Minister for Justice, Equality and Law Reform when a naturalisation application will be processed for a person (details supplied) in County Limerick. [25030/04]

An application from the person referred to by the Deputy was received in the citizenship section of my Department on 19 November 2002. The application was submitted to me in March 2004 and having considered the matter, I decided not to grant a certificate of naturalisation. The person concerned was informed of my decision, in writing, on 29 March 2004.

Visa Applications.

Michael Ring

Question:

442 Mr. Ring asked the Minister for Justice, Equality and Law Reform the reasons visas were refused to persons (details supplied) considering that the husband and father of the applicants is living and working in County Mayo; and if he will review these applications. [25031/04]

The visa applications in question were to enable the wife and children of a non-EEA national employed under the work permit scheme to reside with him in the State. A worker employed under the work permit scheme may be joined by his or her spouse and minor children after the worker has been in the State for one year and has been offered a contract for a further year. The worker must also be able to fully support the family members in question without the need to have recourse to public funds. The applications in question were refused as the supporting documentation did not show that the worker in question was in a position to fully support his family. It is open to the applicants to appeal against the refusals by writing to the visa appeals officer in my Department.

Michael Ring

Question:

443 Mr. Ring asked the Minister for Justice, Equality and Law Reform the reason a person (details supplied) from Kenya was refused a visa to visit a person in County Mayo. [25032/04]

A visa application on behalf of the person concerned was received in my Department on 20 August 2004 for the stated purpose of coming to Ireland for a holiday period of almost three weeks. The applicant named a sponsor in Ireland on her visa application form. However, no documentation was submitted to show they had ever met. The visa officer who examined the application took into account the information provided in the application and the applicant's ties and general circumstances in her country of origin, her immigration history, as well as the relative attractiveness and feasibility of the applicant remaining in the State. The application was refused because the visa officer was unable to conclude, on the basis of the documentation supplied to my Department, that the applicant would observe the conditions of the visa. It is open to the applicant to appeal against the refusal by writing to the visa appeals officer in my Department.

Michael Ring

Question:

444 Mr. Ring asked the Minister for Justice, Equality and Law Reform the reason visa applications were refused for a person (details supplied) considering that their relative has a valid work permit for employment in Castlebar, County Mayo; and if these applications will be reviewed. [25033/04]

The visa applications in question were to enable the husband and child of a non-EEA national employed under the work permit scheme to reside with her in the State. A worker employed under the work permit scheme may be joined by his or her spouse and minor children after a worker has been in the State for one year and has been offered a contract for a further year. The worker must also be able to fully support the family members in question without the need to have recourse to public funds. The applications in question were refused as the supporting documentation did not show that the worker in question was in a position to fully support her family.

An appeal on the applications which consisted of a letter from the Deputy was received in my Department on 6 October 2004. The visa appeals officer, having re-examined the applications, upheld the original decision. It is open to the applicants to make fresh visa applications with up to date supporting documentation, and the matter will be considered anew.

Northern Ireland Issues.

Seán Ryan

Question:

445 Mr. S. Ryan asked the Minister for Justice, Equality and Law Reform the position with regard to the Northern Ireland conflict fund (remembrance fund) and commission in the context of a press release dated 16 June 2003. [25046/04]

I appointed the five person commission to administer the remembrance fund on 29 October 2003. The commission is chaired by Mr. David Andrews, and the other members are Mr. Conor Brady, Ms Pat Hume, Mr. Paddy Mullarkey and Ms Caitríona Murphy. On 15 December 2003, the Government approved the scheme of acknowledgement, remembrance and assistance for victims in this jurisdiction of the conflict in Northern Ireland, subject to further discussion between the Minister and the Attorney General on the detail of the scheme. Following finalisation of the scheme, copies were placed in the Oireachtas Library in March 2004. The scheme sets out the functions of the remembrance fund and commission and the criteria under which the commission will make payments to victims from the fund. The criteria cover the types of payments set out in the press release of 16 June 2003.

The Government has approved the provision of €9 million to the scheme in the three-year lifetime of the fund. The scheme was advertised in national newspapers on 28 May of this year. A secretariat has been appointed to assist the commission in its activities, and it commenced operation in July of this year. To date, the commission has received more than 50 applications and has authorised payments to victims, the families of victims and victim support groups of almost €285,000. It has also been decided to make a donation of €1.25 million to the Northern Ireland memorial fund.

The commission is monitoring on a continuing basis the numbers of applications received so as to ensure all those who might be eligible for assistance are aware of the commission and the fund. Following publication of the scheme, representations were made to the Taoiseach and me by the Justice for the Forgotten victims support group expressing concern that the criteria in the scheme in respect of acknowledgement payments to the families of victims who were fatally injured might be too onerous. Following consideration of the representations, the Government approved on 5 October an amended scheme which addresses these concerns. Copies of the amended scheme have been placed in the Oireachtas Library.

Residency Permits.

Pat Breen

Question:

446 Mr. P. Breen asked the Minister for Justice, Equality and Law Reform if consideration will be given to the application by a person (details supplied) in County Clare for residency; and if he will make a statement on the matter. [25049/04]

The person in question arrived in the State and made an asylum application in July 1997. His asylum application was refused in September 1998 and he appealed that decision. He withdrew this appeal in March 1999 and made an application for permission to remain in the State on the grounds that he is the parent of a child born in the State in June 1998.

Following the decision of the Supreme Court in the cases of L & O, the separate procedure which then existed to enable persons to apply to reside in the State on the sole basis of parentage of an Irish born child ended on 19 February 2003. The Government decided that the separate procedure would not apply to cases which were outstanding on that date. There are a large number of such cases outstanding at present, including the case to which the Deputy refers.

Since the person in question does not have an alternative legal basis for remaining in this jurisdiction, the issue of permission to remain will be considered but only in the context of a ministerial proposal to deport him. Such a notification proposing deportation from the State issued to the person in question on 14 September 2004. If, in the light of representations received and the range of factors set out in section 3(6) of the Immigration Act 1999, the Minister decides not to make a deportation order, he will be given leave to remain on a humanitarian basis. I am unable to say when the file will be examined because of the large number of such cases on hand.

Citizenship Applications.

Paul Nicholas Gogarty

Question:

447 Mr. Gogarty asked the Minister for Justice, Equality and Law Reform when a decision will be made on the application for citizenship by naturalisation of a person (details supplied) in County Kilkenny. [25057/04]

John McGuinness

Question:

454 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 a decision in the case will be expedited. [25112/04]

I propose to take Questions Nos. 447 and 454 together.

An application for naturalisation from the person referred to was received in the citizenship section of my Department on 21 November 2002. Having considered this application, I decided not to grant a certificate of naturalisation. The individual concerned was informed of my decision in writing on 15 March 2004. A further application was received from the person referred to on 6 August 2004. The average processing time for an application for naturalisation is 24 months and, consequently, it is anticipated that the new application will be finalised around August 2006.

Garda Investigations.

Joe Costello

Question:

448 Mr. Costello asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the large number of buildings, including many of historical and heritage importance, in Dublin city that have been damaged or demolished in suspicious circumstances; if a Garda investigation will be carried out into the circumstances; and if he will make a statement on the matter. [25070/04]

Garda authorities have informed me that no complaints have been received from any source in Dublin city indicating that buildings of historical and heritage importance were damaged or demolished in suspicious circumstances.

Deportation Orders.

John McGuinness

Question:

449 Mr. McGuinness asked the Minister for Justice, Equality and Law Reform the status of a person (details supplied); if their release from prison will be expedited and their application for naturalisation processed; and if he will make a statement on the matter. [25071/04]

The person concerned arrived in the State on 22 March 2000 and applied for asylum. His application was refused and he was notified of this by letter of 5 December 2001. His subsequent appeal was refused and he was notified of this by letter of 24 May 2002. He was also notified that the Minister proposed to deport him and was informed of the three options open to him at that time, that is, to leave the State before the Minister decided whether to make a deportation order in respect of him; to consent to the making of a deportation order in respect of him; or to make written representations, within 15 working days, to the Minister for Justice, Equality and Law Reform setting out reasons as to why he should not be deported, that is, why he should be permitted to remain temporarily in the State.

The person's case was examined under section 3 of the Immigration Act 1999 and section 5 of the Refugee Act 1996 — prohibition of refoulement. On 18 July 2002 a deportation order was made in respect of him. He was notified of this by letter of 2 August 2002 in which he was required to present himself to the Garda national immigration bureau on Friday, 9 August 2002, to make arrangements for his deportation. The person did not report as required and was classified as an evader. He was arrested by the Garda on 6 October 2004 under section 5 of the Refugee Act 1996, as amended, for failure to comply with the provisions of a deportation order and detained at Cloverhill Prison. The deportation order was effected by the Garda national immigration bureau on 14 October 2004 and the person concerned was removed from the State and returned to Kosovo.

It is stated in the Deputy's question that this person is married to an Irish national and the couple have a child. My Department is not aware of this, nor can any communication be traced from or on behalf of the person concerned containing such information.

Registration of Title.

Michael Ring

Question:

450 Mr. Ring asked the Minister for Justice, Equality and Law Reform the position regarding a registration application on a folio by a person (details supplied) in County Mayo; and when this matter will be complete. [25072/04]

I am informed by the Registrar of Titles that this is an application for a transmission and a copy folio-file plan which was lodged on 6 July 2004. Dealing Number D2004SM005590E refers. I am further informed that this application was completed and that the copy folio-file plan was issued on 13 October 2004.

Citizenship Applications.

Bernard J. Durkan

Question:

451 Mr. Durkan asked the Minister for Justice, Equality and Law Reform the position relating to a citizenship application in the name of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [25089/04]

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.

Deportation Orders.

Brendan Howlin

Question:

452 Mr. Howlin asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to a deportation order issued to persons (details supplied); if he will consider rescinding the deportation order in this case in view of the circumstances of these persons; and if he will make a statement on the matter. [25104/04]

Following examination of the case of the persons concerned, deportation orders were made in respect of them on 28 November 2000. They subsequently applied to take judicial review proceedings against this decision and the proceedings were struck out in the High Court on 31 October 2001. They were informed of this ruling by letter of 2 November 2001. A subsequent appeal to the Supreme Court on 31 July 2003 was struck out with no order as to costs. They were notified of this by letter of 6 October 2004, which also informed them of my intention to proceed with their removal from the State.

However, new information was brought to the attention of my Department during the judicial review proceedings concerning the birth of a child in the State. In light of this new information and the information provided by the Deputy in his question, the case will be re-assessed by my Department and a decision will be conveyed to the persons concerned in due course.

Brendan Howlin

Question:

453 Mr. Howlin asked the Minister for Justice, Equality and Law Reform the basis on which a person (details supplied) in County Wexford, who is the subject of a deportation order, was arrested and detained in Mountjoy Prison for two weeks; the basis on which this person’s Irish born child was placed in care in Mullingar; the basis on which this person has been told she must leave her rented accommodation and reside in a hostel to be designated by his Department; his views on whether this person has been treated in a fair and humane manner in all respects; and if he will make a statement on the matter. [25105/04]

The person concerned entered the State on 4 October 2002 and claimed asylum. Her son was born in the State on 6 November 2002. An interview by the Office of the Refugee Applications Commissioner was scheduled to take place on 19 December 2002. The notification of this interview crossed in the post with an application by the person to withdraw from the asylum process and an application for residency based on the birth of her Irish born child.

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

In accordance with section 3 of the Immigration Act 1999, as amended, the person concerned was informed on 26 February 2004 that the Minister proposed to make a deportation order in respect of her and she was given the following options: to leave the State before the Minister decided whether to make a deportation order in respect of her; to consent to the making of a deportation order in respect of her; or to make written representations, within 15 working days, to the Minister for Justice, Equality and Law Reform setting out reasons as to why she should not be deported, that is, why she should be allowed to remain temporarily in the State.

Since the person concerned did not have an alternative legal basis for remaining in the State, the issue of permission to remain was considered only in the context of the ministerial proposal to deport her. After consideration of the range of factors set out in section 3(6) of the Immigration Act 1999, as amended, the Minister decided to make a deportation order in respect of her. The order was signed on 24 June 2004 and was served on her by registered post on 20 August 2004 requiring her to present herself to the Garda national immigration bureau on 30 August 2004 to make arrangements for her deportation. She failed to present herself to the bureau as required and was classified as an evader. Section 5 of the Immigration Act 1999, as amended, provides for the arrest and detention of a person who fails to comply with any provision of a deportation order such as not making themselves available to and co-operating with the Garda for the purposes of arranging their removal from the State.

On 21 September 2004 she attended the Garda national immigration bureau to make inquiries about her social welfare payments, which had been suspended because of her earlier evasion. She was arrested on the same date and lodged in the Dóchas Centre, Mountjoy, while arrangements were made to remove her to Nigeria. The provisions of section 12 of the Child Care Act 1991 were invoked by the Garda and the child was taken into the care of the South Western Area Health Board and placed with foster parents. The woman subsequently reclaimed asylum on 1 October 2004 and because of this was released from detention. Reporting and residency conditions were placed on her by the Garda under section 9(6) of the Refugee Act 1996, pending determination of her asylum application. One of these conditions is that she resides at accommodation provided by the reception and integration agency in the Dublin area, convenient to the Garda national immigration bureau at 13-14 Burgh Quay, Dublin 2, to where she has to report. The deportation order stands suspended, pending the outcome of her asylum application. The facts of the case are clear and I am satisfied this person has been treated in a fair and humane manner in all respects.

Question No. 454 answered with QuestionNo. 447.

John McGuinness

Question:

455 Mr. McGuinness asked the Minister for Justice, Equality and Law Reform when a decision will be made in the case of a person (details supplied) in County Kilkenny; and if a decision in the case will be expedited on humanitarian grounds. [25113/04]

The person in question arrived in the State on 25 September 2002 and claimed asylum. The Office of the Refugee Applications Commissioner recommended that he should not be declared a refugee and he was notified of this recommendation on 27 February 2003. He then appealed this recommendation to the Refugee Appeals Tribunal. Following an oral hearing, the original recommendation was affirmed and he was informed of this decision on 25 September 2003.

In accordance with section 3 of the Immigration Act 1999, as amended, the person concerned was informed on 27 November 2003 that it was proposed to make a deportation order in his case. He was given the options of making representations within 15 working days setting out the reasons as to why he should not be deported, leaving the State voluntarily before an order was made or consenting to the making of a deportation order. Representations were received on behalf of the person concerned on 22 December 2003.

This person's case file must now be considered taking account of section 3(6) of the Immigration Act 1999, as amended, and section 5 of the Refugee Act 1996 — prohibition of refoulement. The file will be submitted to me for decision in due course and the person concerned will then be informed of the outcome.

Visa Applications.

John McGuinness

Question:

456 Mr. McGuinness asked the Minister for Justice, Equality and Law Reform if an application for a visa in the name of a person (details supplied) will be expedited. [25114/04]

The visa application in question has not been received by the immigration division of my Department. The application will be processed as promptly as possible on receipt of same.

Citizenship Applications.

Billy Timmins

Question:

457 Mr. Timmins asked the Minister for Justice, Equality and Law Reform the position relating to persons (details supplied) who have applied for citizenship; if this will be granted as speedily as possible; and if he will make a statement on the matter. [25123/04]

A declaration of acceptance of post nuptial citizenship from the person referred to by the Deputy was received in my Department on 11 December 2003. Consideration of this case is ongoing and when it is finalised, both the Deputy and the person concerned will be informed of the outcome.

Visa Applications.

Gay Mitchell

Question:

458 Mr. G. Mitchell asked the Minister for Justice, Equality and Law Reform further to Question No. 414 of 5 October 2004 if his Department has received an appeal from a person (details supplied) in Dublin 8 by registered post on the 29 September 2004. [25136/04]

The visa appeal in question was received in the immigration division of my Department on 29 September 2004. Documentation submitted with the appeal stated that the applicant has a child in her home country, yet no birth certificate in respect of this child was submitted in support of the application. It was also noted that the appeal did not contain any documentation to confirm that the applicant is currently a student in her home country. Based on the information provided with the appeal, the visa appeals officer formed the opinion that it would not be reasonable to conclude that the applicant would observe the conditions attached to a study visa, and the decision to refuse the application was upheld. It is open to the applicant to make a fresh application with up to date supporting documentation and the matter will be considered anew.

Garda Operations.

Finian McGrath

Question:

459 Mr. F. McGrath asked the Minister for Justice, Equality and Law Reform if he will take urgent action to resolve these anti-social activities in the Dublin 3 area and to get the Garda to end this intimidation and noise (details supplied); and if he will put a plan in place to protect local residents. [25163/04]

I have been informed by the Garda authorities that gardaí at Raheny and Clontarf Garda stations police the Dublin 3 area. Additional supporting patrols are provided by the divisional unit and the detective branch. Community gardaí are also assigned to these areas and they have an excellent rapport with the local community.

I understand that current policing plans in the area are predicated on the prevention of public order offences, the prevention of crime, including crimes of violence against persons and property, and the maintenance of an environment conducive to the improvement of the quality of life of local residents. I have been assured by the Garda authorities that this strategy is, and will continue to be, central to the delivery of a policing service to the area in question.

Garda Investigations.

Tony Gregory

Question:

460 Mr. Gregory asked the Minister for Justice, Equality and Law Reform further to Question No. 200 of 30 September 2004, if he will request a report from the Garda authorities indicating if a person has been charged with the break-ins; if the Garda is satisfied there were no other persons involved in the spate of break-ins; if Garda patrols have been increased in this area; the number of gardaí now allocated to the areas; and if an explanation will be sought as to the reason that no gardaí responded to calls to Fitzgibbon Street Garda station from a householder in this area (details supplied) following a reported attempted break-in at their home on 10-11 October 2004. [25164/04]

I have been informed by the Garda authorities that two persons have been charged in respect of three of the reported burglaries in the area and investigations are continuing into the remaining break-ins. The personnel strength of Fitzgibbon Street Garda station at 18 October 2004 is 177 — all ranks. Two dedicated community gardaí, with committed regular, detective and crime task force units, are allocated to patrol the area.

I understand from the Garda authorities that the number of Garda personnel assigned to Fitzgibbon Street, together with overall policing arrangements and operational strategy, are continually monitored and reviewed. Such monitoring ensures that optimum use is made of Garda resources and the best possible Garda service is provided to the general public.

Local Garda management has established that, in the early hours of 10-11 October 2004, a householder on the road in question contacted Fitzgibbon Street Garda station to report an incident of criminal damage. The householder declined an offer made by gardaí to call to the residence at that time and said he would report the incident in person at the Garda station in the morning. At approximately 7.30 a.m., a resident at the address mentioned contacted the Garda at Fitzgibbon Street to report an apparent attempted break-in, the details of which were similar to the earlier reported incident. I understand from the Garda authorities that there was a misunderstanding between the occupant of the residence and the garda who received the call and, as a result, gardaí did not call to the residence as the occupant believed they would.

This matter was raised at a meeting between local Garda management and residents on 11 October 2004, and, consequently, an inspector from Fitzgibbon Street visited the residence and the occupant has accepted that the matter was a misunderstanding. The premises have been examined by scene of crime officers and the occupant will be kept informed of developments.

Garda Stations.

Tony Gregory

Question:

461 Mr. Gregory asked the Minister for Justice, Equality and Law Reform if a decision has been taken to close Mountjoy Garda station, Dublin 7 and Fitzgibbon Street Garda station Dublin 1, at any time; if so, the reasons therefor; and if he will make a statement on the matter. [25165/04]

I have been informed by the Garda authorities who are responsible for the detailed allocation of resources, including personnel, that there has been no decision taken to close Mountjoy Garda station. As I indicated previously with regard to Fitzgibbon Street Garda station, the Office of Public Works has identified health and safety issues which require the station to be vacated. The Office of Public Works and the Garda authorities are currently in the process of sourcing and agreeing temporary accommodation in the area that would allow the station to be vacated. In the interim, the Office of Public Works continue to monitor the health and safety issues at the station on a regular basis.

Closed Circuit Television Systems.

Tony Gregory

Question:

462 Mr. Gregory asked the Minister for Justice, Equality and Law Reform if a decision has been made regarding the installation of closed circuit television in the Montpelier Hill and Arbour Hill district of Dublin 7 in which street prostitution is an ongoing problem. [25166/04]

As the Deputy will be aware, the CCTV advisory committee, which was established by the Garda Commissioner to advise on CCTV matters, has received a report from the chief superintendent DMR north central, which outlines the CCTV requirements of the division. I have been informed by the Garda authorities that the advisory committee is still considering this report and is not in a position to make recommendations on the matter to the commissioner.

Crime Levels.

Tony Gregory

Question:

463 Mr. Gregory asked the Minister for Justice, Equality and Law Reform the locations regarding the problem of street prostitution in the Dublin 7 area where it is concentrated; the overall number of prostitutes involved; the number of arrests; if he will consider introducing a new procedure whereby when motorists are cautioned regarding soliciting that a follow-up warning notice is sent to the registered owner of the car involved to dissuade the person from returning to the same area; and if he will make a statement on the matter. [25168/04]

I have been informed by the Garda authorities that a series of complaints have been received regarding street prostitution in the Dublin 7 area. To date in 2004, there have been 134 arrests of women for involvement in prostitution. There is no provision under current legislation for sending warning notices or follow-up warning notices to individuals cautioned regarding soliciting under the Criminal Law (Sexual Offences) Act 1993 and I have no plans to review the legislation.

Garda Deployment.

Bernard Allen

Question:

464 Mr. Allen asked the Minister for Justice, Equality and Law Reform the operational hours of Glanmire Garda station, County Cork; and if there are plans to extend the operational times of the station in view of the rapidly increasing population in the area. [25178/04]

I have been informed by the Garda authorities that Glanmire Garda station is open to the public between 10 a.m. and 6 p.m. from Monday to Saturday and between 12 midday and 1 p.m. on Sundays. I am further advised that the extension of the current opening hours to 24 hours would necessitate the employment of Garda personnel on indoor administrative duties and the Garda authorities are of the view that such personnel can be utilised more effectively in providing a visible Garda presence on outdoor policing duties.

Garda Stations.

Bernard Allen

Question:

465 Mr. Allen asked the Minister for Justice, Equality and Law Reform the situation regarding the provision of a new Garda station in Glanmire, County Cork. [25179/04]

The Deputy will be aware that there are plans to build a new Garda station in Glanmire. The construction of a new station at a new location in Glanmire will depend on a number of factors, including the availability of financial and other resources and priorities within the Garda building programme. Accordingly, it is not possible at this stage to provide a timescale for the completion of the planned station. I assure the Deputy the accommodation requirements of the Garda at Glanmire have been noted and the matter will be progressed as quickly as possible and without undue delay.

Citizenship Applications.

Joe Costello

Question:

466 Mr. Costello asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to a petition presented to his predecessor and signed by almost 2,000 Argentines of Irish descent, requesting that he allow Argentine born great grandchildren of Irish nationals to become Irish nationals; the details of the response given to the petitioners; his views on the question; and if he will make a statement on the matter. [25187/04]

Joe Costello

Question:

479 Mr. Costello asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to a petition presented to his predecessor and signed by almost 2,000 Argentines of Irish descent, requesting that the Minister allow Argentine born great grandchildren of Irish nationals to become Irish nationals; the response, if any, given to the petitioners; his own position on the question; and if he will make a statement on the matter. [25393/04]

I propose to take Questions Nos. 466 and 479 together.

The petition referred to by the Deputy was received in my Department on 26 June 2002. It was not possible to respond individually to the petitioners, of whom there were in the order of 2,000, but officials in the citizenship section of my Department have set out the position on a number of occasions to some of the signatories to the petition. The petition requested that I allow Argentine born great grandchildren of Irish nationals to become Irish nationals themselves or to allow them to seek and obtain employment in Ireland as if they were Irish nationals.

The great grandchildren of persons born in Ireland can obtain Irish citizenship by registering in the foreign births register provided either of their parents had at the time of their birth acquired Irish citizenship through registration in the register. There is one exception to that rule. If one parent had registered in the foreign births register prior to 31 December 1986, the person can register even if the parent had not registered at the time of that person's birth.

If persons are not entitled to Irish citizenship in these circumstances, they may nevertheless be entitled to Irish citizenship as a result of marriage to an Irish citizen — post-nuptial citizenship. A person is entitled to make a declaration of post nuptial citizenship if he or she is married to an Irish citizen who is Irish other than by naturalisation, post nuptial citizenship or honorary citizenship for at least three years. The marriage must be valid and subsisting and the couple must be living together as husband and wife at the time of declaration. The post-nuptial process has been repealed with effect from 30 November 2002. By way of a transitional provision, persons who are married to Irish citizens before that date but fail to satisfy the three year criterion at that time can make the declaration after that date upon completion of three years of marriage. The transitional provision will cease to apply on 30 November 2005.

Any non-national, be he or she Argentinian or otherwise, can apply for Irish citizenship through naturalisation. Such applications are considered under the Irish Nationality and Citizenship Acts, 1956 to 2001, and the granting of a certificate of naturalisation is at my absolute discretion. The applicant must fulfil certain statutory requirements, including requirements relating to residency. However, I am empowered to dispense with the statutory conditions in whole or in part in certain circumstances — for example where the applicant is of Irish descent or Irish associations. Every such application is decided upon on its individual circumstances and in accordance with the law. The statutory residency requirements for persons who are married to Irish citizens have been reduced from 30 November 2002 in view of the fact that post-nuptial citizenship will no longer be available.

It would not be possible to change the existing provisions in relation to Argentinian nationals only — any such change would have to be applied to persons of all nationalities. In any event, I have no plans to address this matter in the citizenship legislation, which is before this House.

Argentinian citizens do not require an Irish visa to enter the State. However, if an Argentinian citizen wishes to work in the State, an employer should obtain a work permit on their behalf from the Department of Enterprise, Trade and Employment.

Closed Circuit Television Systems.

Brian O'Shea

Question:

467 Mr. O’Shea asked the Minister for Justice, Equality and Law Reform the position regarding the installation of closed circuit television in Waterford city; and if he will make a statement on the matter. [25189/04]

As the Deputy will be aware, 17 locations throughout the country, including Waterford, are set to receive town centre CCTV systems. This expansion is being implemented on a phased basis as follows: phase 1 — Bray, Dundalk, Dún Laoghaire, Finglas, Galway and Limerick; phase 2 — Athlone, Clondalkin, Tallaght and Waterford; and, phase 3 — Ballyfermot, Carlow, Castlebar, Clonmel, Ennis, Kilkenny and Sligo. Installation of the CCTV systems is of necessity a detailed, complex and lengthy process. The installation of the systems in Bray, Dundalk, Dún Laoghaire and Limerick has been completed and these systems are fully operational.

The second phase of Garda CCTV systems will be installed in Athlone, Clondalkin, Tallaght and Waterford. The Garda authorities have given careful consideration to a restructuring of the manner in which these Garda CCTV systems go to tender with a view to delivering the implementation of these CCTV systems in a faster, more efficient and cost-effective manner. Significant progress has been made in this regard and I am advised that the pre-tender process to engage the appropriate services to commence the implementation of the proposed second phase of CCTV systems is almost complete. This tender competition will be advertised on the Government website, www.etenders.ie, and the Official Journal of the European Communities, OJEC. I am further informed that planning for the installation of the CCTV systems in phase 3 is scheduled to commence later this year.

Brian O'Shea

Question:

468 Mr. O’Shea asked the Minister for Justice, Equality and Law Reform the position regarding the installation of closed circuit television in Dungarvan, County Waterford; and if he will make a statement on the matter. [25190/04]

I am informed by the Garda authorities that an application for a Garda CCTV system in Dungarvan has been received by the CCTV advisory committee. The committee was established by the Garda Commissioner to advise on all matters relating to CCTV systems. This application is under consideration by the advisory committee along with applications from other cities and towns throughout the country. A total of 17 CCTV schemes nationwide are at installation, tender or planning stages.

Disability Support Service.

Bernard Allen

Question:

469 Mr. Allen asked the Minister for Justice, Equality and Law Reform if he will provide adequate funding for the Cork accessible transport service. [25242/04]

I refer the Deputy to my reply to Question No. 175 of 13 October 2004.

Proposed Legislation.

Charlie O'Connor

Question:

470 Mr. O’Connor asked the Minister for Justice, Equality and Law Reform if he has proposals for legislation in respect of the abolition of ground rents; and if he will make a statement on the matter. [25256/04]

The Government legislative programme, which was published on 28 September, makes provision for a Bill to abolish ground rents. As I have stated previously on matter, publication of the Bill is subject to the resolution of possible constitutional and practical difficulties. The constitutional difficulties are related to the respective rights of ground rent tenants and landlords, while the practical difficulties concern land law generally and more particularly the land registration system.

Citizenship Applications.

Dan Neville

Question:

471 Mr. Neville asked the Minister for Justice, Equality and Law Reform when registration of citizenship for a person (details supplied) in County Limerick will be granted. [25275/04]

An application for permission to remain in the State based on marriage to an Irish national was received from the person concerned in January 2004. Applications of this type are dealt with in chronological order and currently take approximately 16 months to process.

Decentralisation Programme.

Seamus Healy

Question:

472 Mr. Healy asked the Minister for Justice, Equality and Law Reform the position regarding decentralisation to Tipperary town, including details of the Department and the number of staff going to Tipperary; the number of staff who have indicated a willingness to move there; the categories of those members of staff; the details of the effects to date to secure a site or building; and if he will make a statement on the matter. [25299/04]

Joe Costello

Question:

494 Mr. Costello asked the Minister for Justice, Equality and Law Reform when his Department will be decentralised; the location to which it will be relocated; the number of employees who have voluntarily offered for relocation; and if he will make a statement on the matter. [25549/04]

I propose to take Questions Nos. 472 and 494 together.

As announced by my colleague the Minister for Finance on 3 December 2003, the Office of the Refugee Appeals Tribunal and the Office of the Refugee Applications Commissioner will be partially decentralised to Tipperary town together with other staff from the asylum area. It is anticipated that 186 staff will decentralise to Tipperary town. It is envisaged decentralisation will not take place before the summer of 2006.

The Office of Public Works has evaluated 18 proposals for sites or buildings in Tipperary town and two sites in the town centre were short-listed. These two sites are undergoing further evaluation. Based on the decentralisation central applications facility data of 7 September 2004, seven employees of my Department with 123 other civil servants and three public servants have nominated Tipperary town as their first preference. As the Deputy will be aware, the CAF continues to be open for the receipt of applications until such time as the decentralisation programme has been implemented in full.

National Identity Card.

Michael Ring

Question:

473 Mr. Ring asked the Minister for Justice, Equality and Law Reform the way in which a person can obtain a photographic identification if they do not have or wish to have a driving licence or a passport; and his plans to introduce a non-compulsory national identity card. [25311/04]

I assume the Deputy is referring to provisions in the Intoxicating Liquor Acts. The Intoxicating Liquor Act 1988 (Age Card) Regulations 1999 provide for a voluntary, national age-card scheme. Age cards can be obtained by persons who have attained 18 years of age to confirm that they have attained the legal age for the purchase of intoxicating liquor. The 1999 regulations set out detailed provisions on the application and authentication procedure as well as procedures for the preparation and issue of age cards. Such cards are not national identity cards and, at the moment, I have no plans to introduce such a card.

Private Security Authority.

Joe Costello

Question:

474 Mr. Costello asked the Minister for Justice, Equality and Law Reform when he will establish the Private Security Authority to regulate private security services under the 2004 Act; and if he will make a statement on the matter. [25334/04]

The Private Security Services Act 2004 provides for the establishment of the Private Security Authority. Part 2, section 7(2) of the Act specifies the membership of the authority shall include: (a) at least one person who is a practising barrister or practising solicitor of not less than five year's standing; (b) two persons each of whom the Minister considers to be representative of private security employers; (c) two persons each of whom the Minister considers to be representative of employees of such employers; (d) the Commissioner of the Garda Síochána or such other member of the Garda Síochána not below the rank of assistant commissioner as the Commissioner may nominate in that behalf; (e) an officer of the Minister; (f) a representative of any other Minister of the Government who in the opinion of the Minister is directly concerned with or responsible for activities relevant to the functions of the authority; and (g) one member of the staff of the authority elected by secret ballot of the staff of the authority in such manner if notice of the holding of the first such election is given before the day on which the authority is established, as the Minister directs in writing, or in any other case as the authority, with the agreement of the Minister, may determine. I am in the process of making the appointments to the authority and will make an announcement shortly.

Asylum Applications.

John Deasy

Question:

475 Mr. Deasy asked the Minister for Justice, Equality and Law Reform the status of a person (details supplied). [25344/04]

The person concerned arrived in the State on 30 May 2002 and claimed asylum. His application was refused and he was notified of this decision by letter of 30 January 2003. His subsequent appeal was refused and he was notified of this decision by letter of 28 November 2003 in which he was informed of the three options open to him at that point. His options were to leave the State before the Minister for Justice, Equality and Law Reform made a deportation order in respect of him, to consent to the making of a deportation order in respect of him or to make written representations within 15 working days to the Minister for Justice, Equality and Law Reform setting out reasons he should not be deported and should be allowed to remain temporarily in the State. The individual's case was examined under section 3 of the Immigration Act 1999 and section 5 of the Refugee Act 1996, prohibition of refoulement, including consideration of all representations received on his behalf.

On 5 August 2004 a deportation order was made in respect of this person. The order has been served on him by registered post requiring him to report to the Garda National Immigration Bureau on Thursday, 28 October 2004 to allow arrangements to be made to remove him from the State. His removal is now a matter for the Garda National Immigration Bureau.

Garda Strength.

John Deasy

Question:

476 Mr. Deasy asked the Minister for Justice, Equality and Law Reform the strength of the Garda Síochána; and the number of members in each rank that have retired since 2001. [25345/04]

I have been informed by the Garda authorities who are responsible for the detailed allocation of resources including personnel that the personnel strength of the Garda Síochána as at 15 October 2004 was 12,117, all ranks. The number and rank of gardaí who have left the Garda Síochána due to ill health, retirement, death, dismissal or otherwise in each of the years 2001, 2002, 2003 and to 15 October 2004 is set out as follows:

Rank

2001

2002

2003

15/10/04

Commissioner

0

0

1

0

Assistant Commissioner

3

0

1

0

Chief Superintendent

1

6

4

7

Superintendent

8

17

9

9

Inspector

8

18

8

6

Sergeant

59

86

64

71

Garda

243

279

330

296

Total

322

406

417

389

Citizenship Applications.

John Deasy

Question:

477 Mr. Deasy asked the Minister for Justice, Equality and Law Reform the status of an application for Irish citizenship through naturalisation lodged on 22 July 2002 for a person (details supplied) in Dublin 16. [25346/04]

An application for a certificate of naturalisation from the person referred to by the Deputy was received in the citizenship section of my Department in July 2002. The application is being processed and I will inform both the Deputy and the applicant as soon as a decision has been reached.

Registration of Title.

Michael Noonan

Question:

478 Mr. Noonan asked the Minister for Justice, Equality and Law Reform if a transfer of land for a person (details supplied) in County Limerick will be expedited. [25364/04]

I am informed by the Registrar of Titles that this is an application for a voluntary transfer which was lodged on 7 October 2004 — dealing No. D2004PS021754X refers. I am further informed that this application was completed on 14 October 2004.

Question No. 479 answered with QuestionNo. 466.

Road Traffic Offences.

John Curran

Question:

480 Mr. Curran asked the Minister for Justice, Equality and Law Reform the number of prosecutions and convictions for breaches of the three tonne restriction on Kennelsfort Road, Palmerstown, for the years 2001, 2002, 2003 and to date in 2004; and the number of cases currently pending. [25399/04]

A table showing the number of prosecutions and convictions for breaches of the three tonne restriction on Kennelsfort Road, Palmerstown, for the years 2001, 2002, 2003 and up to 18 October 2004, is set out as follows. Figures for the number of convictions in 2004 are, as of yet, unavailable.

Year

Prosecutions

Convictions

2001

3

1

2002

8

0

2003

2

1

2004 up to 18 October

5

Pending

Citizenship Applications.

John Curran

Question:

481 Mr. Curran asked the Minister for Justice, Equality and Law Reform when a decision will be made regarding an application for naturalisation by a person (details supplied) in Dublin 22. [25401/04]

An application for permission to remain in the State based on marriage to an Irish national was received from the person concerned in September 2003. Applications of this type are dealt with in chronological order and currently take approximately 16 months to process.

John Curran

Question:

482 Mr. Curran asked the Minister for Justice, Equality and Law Reform when a decision will be made regarding an application for naturalisation by a person (details supplied) in Dublin 22. [25402/04]

As I informed the Deputy in response to Question No. 343 on 11 May 2004, an application for naturalisation from the person referred to was received in the citizenship section of my Department on 9 March 2004. The average processing time for an application for naturalisation is currently 24 months, primarily as a result of a significant increase in the volume of applications being received. There are over 650 staff members employed by my Department in the provision of services for or in respect of non-nationals. Unfortunately, it has been the case that over 70% of those staff are engaged full-time in activities associated with the actual processing of asylum claims or in the provision of support for asylum applicants. However, the major reduction in the numbers of asylum applicants is now giving me an opportunity to refocus those resources on areas of service provision for non nationals which are under-resourced at this point in time. Citizenship is one of the areas which will benefit from that process. It is likely that the application of the individual concerned will be finalised in or around March 2006. I will inform both the applicant and the Deputy as soon as I have reached a decision on the application.

Closed Circuit Television Systems.

John Curran

Question:

483 Mr. Curran asked the Minister for Justice, Equality and Law Reform what progress is being made regarding the installation of a closed circuit television system in Clondalkin Dublin 22; the work which has been carried out on this project to date; when the installation of the system will be complete; and when the system will be fully operational. [25403/04]

As the Deputy is aware, 17 locations throughout the country, including Clondalkin, are set to receive town centre closed circuit television systems. This expansion is being implemented on a phased basis as follows: phase 1 — Bray, Dundalk, Dún Laoghaire, Finglas, Galway and Limerick; phase 2 — Athlone, Clondalkin, Tallaght and Waterford; phase 3 — Ballyfermot, Carlow, Castlebar, Clonmel, Ennis, Kilkenny and Sligo.

Installation of town centre closed circuit television systems is of necessity a detailed, complex and lengthy process. The installation of the systems in Bray, Dundalk, Dún Laoghaire and Limerick has been completed and these systems are now fully operational. The second phase of Garda centre closed circuit television systems will be installed in Athlone, Clondalkin, Tallaght and Waterford. The Garda authorities have given careful consideration to a restructuring of the manner in which these systems go to tender with a view to delivering their implementation in a faster, more efficient and cost effective manner. Significant progress has been made in this regard and I am advised that the pre-tender process to engage the appropriate services to commence the implementation of the proposed second phase of centre closed circuit television systems is almost complete. The tender competition will be advertised on the Government website www.etenders.ie and in the Official Journal of the European Communities. I am further informed that planning for the installation of the CCTV systems in Phase 3 is scheduled to commence later this year.

Departmental Staff.

Ruairí Quinn

Question:

484 Mr. Quinn asked the Minister for Justice, Equality and Law Reform the number and grade of the civil servants working on his constituency related responsibilities; if a civil servant is based, full-time or part-time in his constituency office in Ranelagh; the responsibilities of that person; and if he will make a statement on the matter. [25405/04]

No civil servant is based full-time or part-time in my constituency office in Ranelagh. There are two staff members in my constituency office in Ranelagh. These are a personal secretary and a personal assistant. They deal with all correspondence received from my constituents and arrange meetings at my clinic. There are three executive officers and three clerical officer positions based in my office in my Department, two of which are job sharing. Of this number, two members of staff, a clerical officer and an executive officer, deal with constituency related matters which come to the Department. The remaining members of staff deal with departmental issues.

Visa Applications.

Ciarán Cuffe

Question:

485 Mr. Cuffe asked the Minister for Justice, Equality and Law Reform his views on the high level of refusals for visas requested for prospective students of a college (details supplied) in Dublin 2; and if he will make a statement on the matter. [25445/04]

My Department has for a number of years had in place a set of detailed student visa guidelines. These have been circulated to relevant education institutions and are also available on my Department's website. They are intended to assist frequent and high volume users of the student visa scheme. In general terms, however, the principal criteria applied are that the prospective student must have enrolled in and paid the fees for a full-time course of study in a privately funded course entailing at least 15 hours attendance a week. The prospective student must have sufficient funds to support himself or herself fully during his or her stay in the State and show that he or she will return home at the end of the course of study.

When assessing any application for a visa, including a student visa, the visa officer will consider various matters. These include whether it is reasonable in all the circumstances to conclude that the applicant's stated purpose of visit is his or her true purpose; whether the applicant will fully honour the conditions of the visa and is unlikely to overstay the length of time applied for or to work without a work permit; whether the applicant is in a position to fully support himself or herself while in the State and is unlikely to result in a cost to public funds or resources or whether the applicant is unlikely to breach the common travel area by travelling to the UK or Northern Ireland without an appropriate visa. The visa officer will have regard to the information provided in the application and to such factors as the applicant's ties and general circumstances in his or her country of origin, his or her immigration history and the relative attractiveness and feasibility of his or her remaining in the State.

Credibility is central to the visa determination process. Not surprisingly, inconsistencies or omissions on the face of an application can cause the visa officer to conclude that the above mentioned criteria have not been satisfied. The visa system includes an appeals procedure for dealing with applications which have been refused. When an application for a study visa is refused, it is open to either the applicant or their sponsor to request the reasons for the refusal. An appeal against the refusal can then be submitted to my Department for the attention of the visa appeals officer. Any additional information available should be submitted in support of the appeal. It is open to the college in question to submit appeals against the refusals of the study applications in the above manner and they will be reviewed afresh.

Customer Charter.

Ciarán Cuffe

Question:

486 Mr. Cuffe asked the Minister for Justice, Equality and Law Reform if he will consider putting in place a customer services charter for persons who avail of services from his Department. [25447/04]

I am happy to inform the Deputy that the customer charter for my Department is in the final stages of completion and it is envisaged that it will be published shortly.

Garda Stations.

Joe Costello

Question:

487 Mr. Costello asked the Minister for Justice, Equality and Law Reform the progress to date in the programme of fitting out rooms in Garda stations with audio-video systems for the recording of suspect interviews; the number of stations chosen for the programme; the person by whom the choice regarding the number and location was made; if an instruction has been given to the Garda Síochána in relation to the choice of station to which persons should be brought for questioning; and if he will make a statement on the matter. [25448/04]

The Criminal Justice Act 1984 (Electronic Recording of Interviews) Regulations 1997 provide for the recording of interviews of suspects who are detained in custody. In 1999 the Government decided to introduce an audio-video system on a nationwide basis for the recording of such interviews. I am advised by the Garda authorities that the number of locations — 132 — and interview rooms — 229 — now equipped with and using the specialised recording equipment is such as to provide the broad nationwide coverage intended by Government. The decision on the number and location of Garda stations selected to ensure compliance with the Government decision is an operational matter. The stations to which persons are brought for questioning is entirely a matter for the Garda authorities, having due regard to the provisions of the above mentioned regulations. No additional instructions have issued to the Garda in that regard.

I am advised by the Garda authorities that from the start of the scheme to June 2003, almost 94% of all interviews for offences specified in the regulations were recorded and that internal Garda directions emphasise that interviews without electronic recording shall be wholly exceptional.

Garda Operations.

Tony Gregory

Question:

488 Mr. Gregory asked the Minister for Justice, Equality and Law Reform if a system of communication will be put in place whereby the prison authorities check with the appropriate Garda personnel before granting a prisoner temporary release; if the Garda will communicate with prison authorities when persons are being placed in custody in connection with whom the Garda believes there are strong grounds for not granting them temporary release; and if he will make a statement on the matter. [25450/04]

There are procedures and channels in place for the exchange of security information between the Garda Síochána and the Irish Prison Service. This information is essential when securing background information on the nature of any particular offence and as an aid in assessing the potential threat to the community that any potential release may have. It is normal practice when a prisoner is being considered for temporary release that the Irish Prison Service will have obtained in advance the views of the appropriate Garda personnel. Clearly this intelligence information forms a significant part of the decision making process. Among the other factors considered are the length of sentence served, the person's behaviour while in custody, the recommendations of the prison governor, any compelling compassionate measures associated with the case and the level to which the person has engaged with the various therapeutic services.

Registration of Title.

John Ellis

Question:

489 Mr. Ellis asked the Minister for Justice, Equality and Law Reform if the Land Registry office will expedite a dealing for a person (details supplied) in County Sligo. [25451/04]

I am informed by the Registrar of Titles that this is an application for first registration which was lodged on 10 August 2004 — dealing No. D2004SM006294D refers. I understand that due to the complicated nature of cases of this type, which require examination of an applicant's entitlement to the property concerned, it is not possible to estimate a date of completion at this time. I am further informed that queries issued to the lodging solicitor on 11 October 2004 and that the application cannot proceed until these queries have been satisfactorily resolved. However, I can assure the Deputy that on receipt of a satisfactory reply, the matter will receive further attention in the Land Registry.

John Ellis

Question:

490 Mr. Ellis asked the Minister for Justice, Equality and Law Reform if the Land Registry office will expedite a dealing for a person (details supplied) in County Sligo. [25452/04]

I am informed by the Registrar of Titles that this is an application for first registration which was lodged on 10 June 2004 — dealing No. D2004SM004866M refers. I understand that, due to the complicated nature of this type of case, which requires examination of an applicant's entitlement to the property concerned, it is not possible to estimate a date of completion at this time. I am further informed that queries issued to the lodging solicitor on 15 October 2004 and that the application cannot proceed until these queries have been satisfactorily resolved. However, I can assure the Deputy that on receipt of a satisfactory reply, the matter will receive further attention in the Land Registry.

Asylum Applications.

John McGuinness

Question:

491 Mr. McGuinness asked the Minister for Justice, Equality and Law Reform the status of an application to stay in the State on humanitarian grounds in the name of a person (details supplied) in County Kilkenny; and when a decision will be made in this case. [25505/04]

I refer the Deputy to my reply to Question No. 521 of 15 June 2004 regarding the same person. The case file was since submitted to me and was considered within the terms set out in section 3(6) of the Immigration Act 1999, as amended, and section 5 of the Refugee Act 1996, prohibition of refoulement. Having assessed the case, a deportation order was signed in respect of the person concerned on 26 August, 2004. The enforcing of this order is now an operational matter for the Garda National Immigration Bureau.

John McGuinness

Question:

492 Mr. McGuinness asked the Minister for Justice, Equality and Law Reform if an application to stay in this country on humanitarian grounds in the name of a person (details supplied) will be approved; if this person’s status will be clarified; and if he will make a statement on the matter. [25506/04]

The person in question arrived in the State on 6 June 2003 and claimed asylum. The Office of the Refugee Applications Commissioner recommended that he should not be declared as a refugee and he was notified of this recommendation on 15 March 2004. He appealed this recommendation to the Refugee Appeals Tribunal. Following an oral hearing, the original recommendation was affirmed and he was informed of this decision on 28 September 2004. In accordance with section 3 of the Immigration Act 1999, as amended, the person concerned was informed on 11 October 2004 that it was proposed to make a deportation order in his case. He was given the options of making representations within 15 working days setting out the reasons as to why he should not be deported; leaving the State voluntarily before an order was made; or consenting to the making of a deportation order. To date, no response has been received from or on behalf of the person concerned. This person's case file will be considered taking account of section 3(6) of the Immigration Act 1999, as amended, and section 5 of the Refugee Act 1996, prohibition of refoulement. The file will be submitted to me for decision in due course.

Prison Committals.

Joe Costello

Question:

493 Mr. Costello asked the Minister for Justice, Equality and Law Reform the number of persons who are serving sentences in prison for non-payment of fines; his proposals for reducing the number of offenders being incarcerated for such offences; and if he will make a statement on the matter. [25522/04]

On 18 October 2004, the number of persons detained in prison custody who were solely serving a term of imprisonment as a consequence of the non-payment of a fine was 15. The Government's legislative programme proposes two Bills to deal with fines which are relevant to the Deputy's question. As a first step, I intend to bring to Government shortly a fines Bill which, although primarily intended to update existing fines and provide a mechanism for indexation, will also include proposals to strengthen the criteria to be used by the courts in assessing the means of offenders before imposing fines and for payment of fines by instalment. In addition, an examination is taking place in relation to the legislative proposals to be contained in a proposed enforcement of fines Bill, the purpose of which is to end imprisonment as far as practicable for non-payment of fines and to provide for new ways to enforce fines.

Question No. 494 answered with QuestionNo. 472.

Garda Equipment.

Aengus Ó Snodaigh

Question:

495 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if he will report on the participation by officials in his Department and the Garda in the Jane’s conference on less lethal weapons taking place in Dublin on 19 and 20 October 2004; the number of officials who are participating; the positions and briefs of same; the number of gardaí who are participating and their rank. [25550/04]

I have been informed by the Garda authorities that three members of the Garda Síochána are attending the Jane's international conference on less lethal weapons on 19 and 20 October 2004. The members attending are of the following rank; assistant commissioner, detective superintendent and detective inspector. No officials from my Department are attending the conference.

Aengus Ó Snodaigh

Question:

496 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if he will report on the work to date of the Garda implementation team responsible for carrying forward the implementation plan for the introduction of less than lethal devices into the Garda Síochána; if the devices authorised by him for use by the ERU have yet been purchased or issued to gardaí; if so, the companies which are supplying the weapons and which makes were purchased; if the training syllabus is complete; if so, the components of the syllabus and the number of hours of training which are involved; and the number of gardaí who have completed the training to date. [25553/04]

I have been informed by the Garda authorities that the Garda implementation team for the introduction of less lethal devices into the Garda Síochána is currently implementing a plan for the introduction of three less lethal devices for use by the emergency response unit where this is necessary to avoid the use of firearms. A total of 16 Garda members have been trained in the use of less lethal devices to date although it is not Garda policy to release precise details of training techniques for operational reasons. I am further informed that the following devices have been purchased from Armour Holding Limited and delivered to the emergency response unit: ferret olescium capresium rounds, drag stabilised bean bags and olescium capresium pepper sprays.

Deportation Orders.

Aengus Ó Snodaigh

Question:

497 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the number of cases of the 32 involving deported parents of Irish children in which his Department has facilitated the removal of children with their parents, for example by obtaining visas for the children or seeking passports in the names of the children. [25554/04]

My Department and the Garda National Immigration Bureau affords every necessary assistance to parents wishing to take their Irish born children with them whether the parents are being deported or are returning home voluntarily. In addition to being Irish citizens, the Irish born children of the 32 non-national parents deported to date all share the nationality of their parents. As such, these children were entitled to enter the countries their parents were returned to as citizens of those countries. The type of travel documents required by these children to enable them to return to their parents' countries depends on the national requirements of each country of return. Some countries will accept an EU travel letter national without a national travel document. Others will issue laissez passers to children alongside their parents’ travel documents, while yet others will insist on the children having their own passports.

Given the different practices operated by the various countries of return, the Garda National Immigration Bureau, which has responsibility for documenting returnees, deals with each situation on a case-by-case basis and does not maintain an overall statistical count of such cases. However, in the few instances where the children travelled on Irish passports, the Garda bureau assisted in obtaining passports for some and any necessary entry visas from the relevant embassies.

Aengus Ó Snodaigh

Question:

498 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the number of the successful applicants who had solicitors acting on their behalf in view of the 45 decisions to grant temporary leave to remain to the parent or parents of Irish citizen children. [25555/04]

The reasons for granting temporary leave to remain, as opposed to the making of a deportation order, are varied having regard to the 11 factors which I, as Minister, must consider under section 3(6) of the Immigration Act 1999, as amended, in reaching a decision in any particular case. It would therefore be wrong to assume that the decision to grant temporary leave to remain in the 45 cases referred to by the Deputy were based solely on existence of an Irish born child. Where legal advisers are engaged by persons served with notices of intention to deport, it is usually for the purpose of making representations on behalf of their clients for leave to remain in the State. One of the 11 factors to be considered by the Minister in determining whether or not to make a deportation order is any representation made by or on behalf of the person. A final decision on the matter is not dependent on whether, in fact, such representations have been made. Thus, statistics are not maintained as to the number of cases where representations for leave to remain have been made, whether made by legal advisers or not.

I indicated in my reply to the Deputy's Question No. 342 of 12 October 2004 that I would send him details of the nationalities of the parents of Irish born children where deportation orders were made and temporary leave to remain was granted. I take the opportunity afforded by this question to provide these statistics directly to the House.

Country of Origin

Number of Deportation Orders Signed

Number of Temporary Leaves to Remain Granted

Nigeria

240

21

Romania

54

6

China

19

Russia

1

1

Armenia

2

Ukraine

9

2

Ghana

16

Cameroon

8

Cyprus

1

Turkey

3

South Africa

1

1

Uganda

2

Kosovo

6

India

4

Kenya

9

2

Israel

2

Belarus

2

Moldova

2

1

Algeria

1

Slovakia

1

Pakistan

1

USA

1

New Zealand

1

Sierra Leone

1

Malaysia

2

Thailand

2

Mongolia

2

Total

382

45

My earlier reply stated that the number of deportation orders signed in respect of parents of Irish born children was 384. The correct figure is 382 as shown in the breakdown above. This was due to a compilation error which is regretted.

Special Educational Needs.

John McGuinness

Question:

499 Mr. McGuinness asked the Minister for Education and Science if she will review immediately the case of a person (details supplied) in County Kilkenny; and if the appropriate supports will be put in place as soon as possible. [24993/04]

My Department has sanctioned a special needs assistant to cater for the care needs of the pupil in question. The school authorities were informed of this decision recently.

Thomas P. Broughan

Question:

500 Mr. Broughan asked the Minister for Education and Science if she will review the decision to cut the allocation of special education teaching resources at a school (details supplied) in Dublin 13 under circular 23/04; if she will take steps to ensure that this primary school retains its current allocation of special education teachers through the 2005-06 school year and beyond. [24994/04]

The school currently has the services of one full-time resource teacher and two full-time learning support teachers. Under my Department's weighted system of allocation, the appropriate level of special needs teaching support is determined by a schools' 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 and in mixed schools, or all-girls schools with an enrolment of greater than 30% boys, one for every 150 pupils. In all-girls schools including schools with mixed junior classes but with 30% or less boys overall, the ratio will be one teacher 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 needs will continue to receive individual allocations of special educational needs resources 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.

School Accommodation.

Pat Breen

Question:

501 Mr. P. Breen asked the Minister for Education and Science if she will provide emergency funding for a prefabricated building under discretionary funds for a school (details supplied) in County Clare; and if she will make a statement on the matter. [25011/04]

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 2005-06 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 with reference to the criteria outlined in the published document.

Post-Leaving Certificate Courses.

Richard Bruton

Question:

502 Mr. R. Bruton asked the Minister for Education and Science the details of the system which she has in place for capping the number of post-leaving certificate places which colleges within the VEC system can fill; the way in which national needs and student preferences are given expression in the capping system; the reason she does not have a system such as that used by the Higher Education Authority for deciding the number of student places in different course options; and if she will make a statement on the matter. [25012/04]

Vocational education committees and individual schools and colleges outside the VEC system have been given an allocation of post-leaving certificate places for 2004-05 equivalent to their 2003-04 allocation, except where the application by an individual school or college was for a lesser number. Nationally, a total of 28,588 places have been approved for post-leaving certificate courses for 2004-05. The post leaving certificate programme is a whole-time programme of vocational education and training designed to provide participants with specific vocational skills and to enhance their prospects of securing lasting, full-time employment. Guidelines issued to VECs and schools by my Department require that course content is relevant to labour market needs, there is a demonstrated local or national need for the provision in the training discipline chosen and that schools should be in a position to demonstrate a labour market justification for the course.

Within the constraint of the overall number of places allocated, each VEC has discretion to determine the distribution of the approved places between individual schools and colleges under its remit. Optimisation between the number of post leaving certificate places and type of courses offered and demand for courses in the relevant catchment area are determined by individual providers. In 2003-04, over 1,000 courses in over 60 designations were offered to students in 210 centres throughout the country. The post leaving certificate sector plays a key role in providing occupationally-relevant education to a substantial body of school leavers.

School Staffing.

Seán Ryan

Question:

503 Mr. S. Ryan asked the Minister for Education and Science if she will report on her proposals to reinstate the original quota of one ex-quota counsellor to 250 in the post primary sector. [25013/04]

Under current arrangements, my Department makes a specific ex-quota allocation of teaching posts in respect of guidance to schools in the second level system. In the case of schools in the free education scheme, the level of allocation ranges from eight hours per week in the case of schools with enrolments below 200 pupils to 44 hours per week, that is two whole-time posts, in the case of schools with an enrolment of 1,000 pupils or more.

In addition to allocations based on enrolments, 50 whole-time equivalent guidance counselling posts were allocated in the 2001-02 school year under the guidance enhancement initiative. The focus of this initiative was to enhance the provision of guidance to young people at risk, improve links between schools and the world of work and to improve the take-up of science subjects. In allocating resources for guidance and counselling under this initiative, my Department set out criteria which target resources at those most in need rather than allocating them on the basis of student-to-guidance counsellor ratios. The preliminary findings of the review of guidance and counselling carried out by the ESRI confirms that this method of targeting resources for guidance is the best way to reach those students who are disadvantaged.

My predecessor recently announced an extension of the guidance enhancement initiative for a further two years and created an additional 30 guidance posts under the initiative from the commencement of the current school year. This decision reflects the high priority given to guidance by my Department.

Special Educational Needs.

David Stanton

Question:

504 Mr. Stanton asked the Minister for Education and Science the moneys granted to schools in 2003 and to date in 2004 regarding information technology equipment for special needs students; and if she will make a statement on the matter. [25016/04]

My Department's expenditure on grants towards the cost of specialised equipment and materials for special needs pupils, including information technology equipment, is as follows. The total expenditure for 2003 for the primary and post-primary sectors was €3,562,819. The total expenditure for 2004 to date for both sectors is €889,980. The annual grant for equipment and task materials to primary schools for learning support and resource teachers will issue in November 2004. The total anticipated expenditure for 2004 is expected to replicate that expended in 2003.

Schools Building Projects.

Olivia Mitchell

Question:

505 Ms O. Mitchell asked the Minister for Education and Science if the purchase of a site (details supplied) in County Dublin for a new primary school to serve the extended Sandyford parish has been completed; and if so, when construction will commence. [25056/04]

The property management section of the Office of Public Works, which acts on behalf of my Department in site acquisitions generally, is in the process of acquiring a site for the provision of a school to serve the area in question. Due to the commercial sensitivities of site acquisitions, it is not proposed at this stage to provide details of the site being acquired. However, this information will be placed on my Department's website when the relevant acquisition has been completed.

My Department's officials are reviewing all projects which 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.

Schools Refurbishment.

John McGuinness

Question:

506 Mr. McGuinness asked the Minister for Education and Science the status of refurbishment works and the provision of a physical education facility at a school (details supplied) in County Kilkenny; the amount spent on the school since 2002; if an architect has been appointed arising from the report; and if she will make a statement on the matter. [25077/04]

The school planning section of my Department is examining all building projects in line with the project prioritisation criteria that were recently revised in consultation with the education partners. The application for an extension, including a physical education hall, will be included in the review. I expect to provide an update on the progress of individual projects later this year. The school is the ongoing recipient of funding. The question of capital funding will be considered when the proposed project is ready to advance to tender and construction.

School Enrolments.

Paul Kehoe

Question:

507 Mr. Kehoe asked the Minister for Education and Science the reason national schools in County Wexford were excluded from the catchment area for a community school (details supplied) in County Wexford; the action which can be taken for the schools and families who have a long-standing tradition of sending their children to this school and now will have no adequate choice; and if she will make a statement on the matter. [25078/04]

For the purposes of post-primary education provision, the country is divided into catchment areas, each of which has its own post-primary education centre. The catchment boundaries were determined following consultation with local educational interests and the intention was that certain primary schools would feed exclusively into each centre. My Department provides accommodation to meet the educational needs of an area on this basis. Allowing pupils from outside the catchment area to enrol in the community school to which the Deputy refers can impact negatively on those who reside within the area and who are entitled, as of right, to a place. It invariably also impacts negatively on the school or schools to which these pupils should rightly attend and in which considerable capital investment has been made for this purpose.

It is a matter for all school authorities, in the context of their enrolment policies, to limit enrolment to within their catchment area to ensure that this situation does not arise. The school authority may offer places to pupils from outside the catchment area only it does not have repercussions for additional accommodation and transport costs.

Brendan Howlin

Question:

508 Mr. Howlin asked the Minister for Education and Science if her attention has been drawn to the fact that six primary schools in the Gorey area have been excluded from the official catchment area map for a community school (details supplied) in County Wexford; the alternative choices proposed in relation to second level education for children attending these primary schools; the reason for this exclusion; if a review of the official catchment area map in order to include these schools will be carried out; and if she will make a statement on the matter. [25092/04]

For the purposes of post-primary education provision, the country is divided into catchment areas, each of which has its own post-primary education centre. The catchment boundaries were determined following consultation with local educational interests and the intention was that certain primary schools would feed exclusively into each centre. My Department provides accommodation to meet educational needs of an area on this basis. Allowing pupils from outside the catchment area to enrol in the community school to which the Deputy refers can impact negatively on those who reside within the area and who are entitled, as of right, to a place. It invariably also impacts negatively on the school or schools to which these pupils should rightly attend and in which considerable capital investment has been made for this purpose.

It is a matter for all school authorities, in the context of their enrolment policies, to limit enrolment to within their catchment area to ensure that this situation does not arise. The school authority may offer places to pupils from outside the catchment area only it does not have repercussions for additional accommodation and transport costs. There are no plans in my Department to review the catchment area in question.

School Transport.

Brian O'Shea

Question:

509 Mr. O’Shea asked the Minister for Education and Science her proposals to carry out an early review of school transport (details supplied); and if she will make a statement on the matter. [25107/04]

The pupils to whom the Deputy refers are eligible for catchment boundary transport only to the post-primary centre in question. My Department has no plans to review the catchment boundary lines at this time.

Brian O'Shea

Question:

510 Mr. O’Shea asked the Minister for Education and Science if there are proposals to restore the school transport service for students from the Kncokmeal and Carrigroe areas to Clonmel; and if she will make a statement on the matter. [25108/04]

The pupils to whom the Deputy refers are eligible for catchment boundary transport only to Clonmel post-primary centre. My Department has been advised by Bus Éireann that the local transport contractor, who resided in the area and operated the service to Clonmel, collected the children on a personal basis locally on the light running of the service to the catchment boundary line. This was an unofficial arrangement and not a feature of the school transport scheme. The new bus contractor collects the pupils from the nearest pick-up point within the Clonmel catchment area. An extension of service to the Knockmeal-Carrigroe area is not possible as this would involve an encroachment into another catchment area which would be contrary to the terms of the school transport scheme.

John McGuinness

Question:

511 Mr. McGuinness asked the Minister for Education and Science if the circumstances of persons attending schools in Carlow from Leighlinbridge and Bagenalstown will be re-examined with a view to providing school transport for the 18 persons involved; if their cases will be expedited in view of the exceptional circumstances of each; and if she will make a statement on the matter. [25115/04]

The pupils to whom the Deputy refers are eligible for catchment boundary transport only to Carlow town post-primary centre, as they are not attending the post-primary centre of the catchment area in which they live. Transport may be allowed to catchment boundary pupils, subject to there being room available on a service after all fully eligible children have been accommodated and provided there is no additional cost involved by way of extending a service, or introducing a larger bus. The service in question is currently operating to capacity and it is not possible to facilitate the pupils in question with catchment boundary transport.

Schools Building Projects.

Liam Aylward

Question:

512 Mr. Aylward asked the Minister for Education and Science when approval will issue to a college (details supplied) in County Carlow to allow it proceed to stage five of its project; and if she will make a statement on the matter. [25121/04]

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

School Transport.

Billy Timmins

Question:

513 Mr. Timmins asked the Minister for Education and Science, further to Question No. 230 of 6 October 2004, the position in relation to an appeal from persons (details supplied); when the next meeting of the school transport appeals board will take place; if, in view of the urgency of this matter, the meeting can be held as soon as possible; and if she will make a statement on the matter. [25129/04]

The appeal submitted by the families referred to in the details supplied will be forwarded to the independent school transport appeals board as soon as my Department has completed its examination into the background to the case.

Research Funding.

Richard Bruton

Question:

514 Mr. R. Bruton asked the Minister for Education and Science the total State expenditure on research and development and on science and technology in each year since 1997; the way in which it is distributed across the main economic sectors; and the main criteria of evaluation used for approving research programmes and the systems for ex post evaluation against critical performance indicators. [25130/04]

My colleague, the Minister for Enterprise, Trade and Employment, has separately provided the Deputy with detail of the overall State expenditure on research and development and its distribution across the economic sectors. The programme for research in third level institutions, PRTLI, is the main vehicle for research in my Department. There have been three cycles of expenditure. The main criteria for assessment of proposals have been the strategic mission and planning of the institution, research quality, collaboration with other institutions and finally, teaching and learning quality. Each proposal is evaluated against these criteria by an independent panel of international experts.

The PRTLI was the subject of an extensive impact assessment by an international panel. Its report, which was recently published by the Higher Education Authority, concluded that it is a unique model. The report notes the success and importance of PRTLI in breaking new ground in research funding schemes, especially in its focus on strengthening the linkages between teaching and research, its emphasis on institutional prioritisation of research investments and its support for institutions working together to create a more competitive critical mass of research effort. PRTLI is recognised as an important step towards the establishment of an internationally competitive fourth level within Ireland's higher education system. This, in turn, is an important factor in laying the foundations for the new innovation economy.

Similar criteria, namely the quality of the proposal, are also used by the Irish Research Council for Science, Engineering and Technology and by the Irish Research Council for the Humanities and Social Sciences which are funded by my Department to promote individual research in the range of disciplines in these areas. At a wider level, the Deputy will be aware of proposals recently agreed by Government for the appointment of a chief science adviser as part of a new overall co-ordination and governance system for science, technology and innovation. One of the key functions of the chief science adviser, who took up the post last month, is to oversee a system of independent evaluation of science, technology and innovation policy and programmes, with particular reference to cross cutting issues.

National Drugs Strategy.

John Gormley

Question:

515 Mr. Gormley asked the Minister for Education and Science if her attention has been drawn to the fact that some schools are locking away asthma inhalers in accordance with schools substance policy guidelines and that this new policy in relation to asthma inhalers is causing problems for certain children and their parents; and if she will make a statement on the matter. [25138/04]

Under action 43 of the national drugs strategy, guidelines for developing a substance abuse policy were drawn up by my Department in consultation with the Department of Health and Children and the health boards. These guidelines were issued to all schools in October 2002 to assist them in the development of appropriate substance abuse policies. The guidelines do not make reference to asthma inhalers. The implementation of the guidelines is the responsibility of the relevant school authorities and if problems arise, parents should raise these with the school in the first instance. In the absence of details, I am unable to comment on the circumstances of the cases raised by the Deputy.

Early Childhood Education.

Seán Crowe

Question:

516 Mr. Crowe asked the Minister for Education and Science the progress that has been made in developing a system of pre-school and early intervention which was stated in the programme for Government and in the recommendations in the national anti-poverty strategy. [25145/04]

My Department remains committed to the proposals outlined in the programme for Government and the recommendations in the national anti-poverty strategy. The enhancement and development of early childhood services in accordance with the White Paper on early childhood education, Ready to Learn, is being undertaken on a collaborative, phased basis and will draw together and build upon the many examples of best practice in early childhood education that have emerged over recent years. To help combat disadvantage and promote access to education, special emphasis will be placed on the provision of appropriate pre-school education in areas of social deprivation and for those with special needs. To that end, my Department supports the early start scheme which funds 40 centres which aim to expose children aged three to four years from disadvantaged areas to a positive pre-school environment to improve their overall development and long-term educational experience and performance. The Department also funds 48 pre-schools for Travellers which aim to develop children's cognitive, language and social skills, prepare children for entry to primary school and provide a foundation for further learning.

My Department established the Centre for Early Childhood Development and Education, CECDE, in October 2002 to develop, within a three-year period, a quality framework for early childhood education and to develop, through active research with existing programmes, targeted interventions for children who have special needs or who are disadvantaged. The centre is developing a conceptual framework of early childhood learning and development, which will be completed early in 2005. In addition, Ireland recently participated in a major OECD review, which assessed quality, access and co-ordination in early childhood provision. The review was published on 24 September and offers a number of important recommendations and observations which will inform policy and programme development in the sector and will assist the work of the CECDE, among others.

Early childhood education and care is a horizontal policy issue involving several Departments and agencies. The policy implications of the recommendations arising from the OCED review are under active consideration within my Department and also by the relevant sub-group of the Government's high-level working group on child care and early education.

Higher Education Grants.

Finian McGrath

Question:

517 Mr. F. McGrath asked the Minister for Education and Science if there are further schemes to assist a person (details supplied) in Dublin 9 to go to college; and if they will receive the maximum support. [25154/04]

Under the free fees initiative, my Department meets the tuition fees of eligible students who are attending full-time undergraduate courses, which must be of at least two years' duration at approved colleges. Eligible students are those who are first-time undergraduates, hold EU nationality or official refugee status or have been ordinarily resident in an EU member state for at least three of the five years preceding their entry to an approved course. My Department funds four maintenance grant schemes for third level and further education students. These are the higher education grants scheme, the vocational education committees' scholarships scheme, the third level maintenance grants scheme for trainees and the maintenance grants scheme for students attending post-leaving certificate courses.

The higher education grant scheme is administered by local authorities under the aegis of my Department. The other three schemes are administered by the vocational education committees. Generally speaking, students who are entering approved courses for the first time are eligible for grants where they satisfy the relevant conditions as to age, residence, means, nationality and previous academic attainment. An approved course for the purpose of the higher education grants scheme means a full-time undergraduate course of not less than two years duration and a full-time postgraduate course of not less than one years duration pursued in an approved institution. The condition relating to residency requires, in the case of a candidate under 23, the candidate's parents or guardians to have been resident in the administrative area of a local authority from 1 October of the previous year. In the case of an independent mature candidate, the candidate must have been resident in the administrative area of a local authority from 1 October of the previous year. Local authorities have discretion to waive this requirement in exceptional circumstances.

The National Development Plan 2000-2006, with assistance from the European Social Fund, provides for a third level access fund aimed at tackling under-representation by disadvantaged students in third-level education. The fund includes the following initiatives: the special rates of maintenance grant; the fund for students with disabilities; the student assistance fund and the millennium partnership fund. Eligibility for the special rates of maintenance grant is determined by reference to an income threshold and receipt of an approved long-term social welfare payment. To be eligible, applicants must first qualify for the ordinary maintenance grant. The fund for students with disabilities aims to assist students with disabilities in third-level institutions and PLC colleges to participate in further and higher education. The purpose of the fund is to provide students with serious physical and-or sensory disabilities with grant assistance towards the cost of special equipment, special materials and technological aids, targeted transport services, personal assistants and sign language interpreters. The fund operates on a discretionary basis. Applications for funding should be made by the disability or access officer in the institution, or by the principal in a PLC college. Students should discuss their particular disability and the equipment or services required with their institution or PLC college.

In publicly funded third level institutions there is a student assistance fund, or SAF. The objective of the SAF is to assist students in a sensitive and compassionate manner who might otherwise due to financial reasons suffer severe hardship or be unable to continue their third level studies. Applications for funding should be made by the individual student to the access officer in his or her institution. The SAF is administered on a confidential and discretionary basis. The final initiative under the third level access fund is the millennium partnership fund for disadvantage. The objective of the fund is to support students from disadvantaged areas on retention and participation in further or higher education courses. Partnership companies and community groups manage the fund locally. Area Development Management, ADM, manages the fund for the Department of Education and Science. Under the fund, eligible actions may include the following but will be dependent on the individual partnership or community group: financial supports to meet student participation costs; provision of information, for example, guidance and mentoring; and study supports including tuition and study skills. Students may contact their local partnership or community group for assistance. A list of the partnerships and community groups is available from the student support unit, Department of Education and Science, Tullamore.

Schools Building Projects.

Martin Ferris

Question:

518 Mr. Ferris asked the Minister for Education and Science the long-term plans for a school (details supplied) in County Kerry; and if there have been instructions from her Department not to enrol first year students after September 2005. [25175/04]

An application for grant aid towards an extension has been received from the management authority of the school to which the Deputy refers and schedules of accommodation have been agreed. 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 be providing details of this multi-annual programme before the end of the current year. My Department has not issued an instruction on the enrolment of students.

Dan Neville

Question:

519 Mr. Neville asked the Minister for Education and Science the position regarding the provision of a primary school at Kilfinane, County Limerick. [25185/04]

An application for grant aid towards a new primary school at Kilfinane has been received from the management authority of the school. 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 need for a new primary school in Kilfinane is being considered as part of this review. I expect to provide details of this multi-annual programme before the end of the current year.

Institutes of Technology.

Brian O'Shea

Question:

520 Mr. O’Shea asked the Minister for Education and Science the proposals she has in regard to granting university status to Waterford Institute of Technology; and if she will make a statement on the matter. [25192/04]

There are no plans to change the status of Waterford Institute of Technology. My Department, however, continues to work with Waterford Institute of Technology to develop and upgrade the institute. In July 1996, the Government approved in principle the recommendations in the report of the steering committee on the future development of higher education as a benchmark for future planning in the sector. The steering committee concluded that an upgrading and expansion of Waterford Regional Technical College, now Waterford Institute of Technology, represented the most appropriate response to the higher education needs of the south-east region. The committee's report also recommended an increase in student places, an increase in degree level awards and a change of title. It was recommended that the major focus of expansion be at degree level. It stated that such provision would place the college at the top end of the spectrum in terms of provision of degree places and would enable the region to reach the national average participation rate in degree programmes.

The Government accepted these recommendations. The provision, in both the total number of places and in degree level courses at Waterford Institute of Technology has been expanded annually and incrementally in line with available resources. Figures supplied to my Department by Waterford Institute of Technology indicate that in the region of 40% of students enrolled on full-time certificate, diploma, degree and postgraduate courses are enrolled on courses at degree and postgraduate levels. These measures, combined with the change of title of the college provide the necessary status and capacity for the institute to meet the identified higher education needs of the region over the coming years. Consistent with this approach, WIT was among the first institutes of technology to be given authority to make its own educational awards under the terms of the Qualifications (Education and Training) Act 1999.

Schools Building Projects.

Olwyn Enright

Question:

521 Ms Enright asked the Minister for Education and Science when she expects the work on an extension to a school (details supplied) in County Cork to begin; the reason work on the extension has not commenced since sanctioned in 2000; if her attention has been drawn to the fact that this four teacher school has had only three classrooms for the past 17 years and that the general practitioner room is now used as a classroom; and if she will make a statement on the matter. [25203/04]

An application for grant aid towards an extension has been received from the management authority of the school to which the Deputy refers. My officials are nearing completion of a review of all projects, 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 the multi-annual programme before the end of the current year.

Bernard Allen

Question:

522 Mr. Allen asked the Minister for Education and Science when a capital allocation will be made to a school (details supplied) in County Cork in order to commence construction of a new school as they are currently operating out of a rented property. [25238/04]

An application for grant aid towards an extension has been received from the management authority of the school to which the Deputy refers. My officials are nearing completion of a review of all projects 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 the multi-annual programme before the end of the current year.

School Staffing.

Jack Wall

Question:

523 Mr. Wall asked the Minister for Education and Science the position regarding a person (details supplied) in County Kildare seeking an educational position in view of the fact they have been unable to obtain such a position; and if she will make a statement on the matter. [25243/04]

My Department has no record of an application for educational placement from the person referred to by the Deputy. The matter will be investigated if details are provided.

Schools Building Projects.

Seán Ó Fearghaíl

Question:

524 Mr. Ó Fearghail asked the Minister for Education and Science the progress that has been achieved to date in acquiring a site for a proposed school (details supplied) in County Kildare. [25247/04]

The property management unit of the OPW which acts on behalf of my Department on site acquisitions generally is exploring the possibility of acquiring a site for the school referred to by the Deputy. Due to the commercial sensitivities of site acquisitions, it is not proposed at this stage to identify specific sites to be acquired. However, this information will be placed on my Department's website when the relevant acquisitions have been completed.

Seán Ó Fearghaíl

Question:

525 Mr. Ó Fearghail asked the Minister for Education and Science the progress that has been achieved in the amalgamation of the three post-primary schools in Kildare town; if a suitable site for the new community school has been acquired; and if she will make a statement on the matter. [25248/04]

My Department has agreed to the amalgamation of the three post-primary schools in Kildare town and to the purchase of a site to facilitate this development. The process of identifying and acquiring a suitable site is being actively pursued in the building unit of my Department.

Seán Ó Fearghaíl

Question:

526 Mr. Ó Fearghail asked the Minister for Education and Science the status of her plans to extend a school (details supplied) in County Kildare. [25249/04]

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. Officials from my Department recently contacted the school's design team about issues related to the project and a response is awaited. My Department's officials are also reviewing all projects which 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.

Seán Ó Fearghaíl

Question:

527 Mr. Ó Fearghail asked the Minister for Education and Science if she has received proposals from the board of management of a school (details supplied) in County Kildare; the nature of these proposals; and the likely timescale for the delivery of the necessary school extension. [25250/04]

The building project for the school referred to by the Deputy is at an early stage of architectural planning. It has a band 3 rating. My Department's officials are reviewing all projects that were not authorised to proceed to construction as part of the 2004 school building programme, including the project in question, with a view to including them as part of a multi-annual school building programme from 2005. I expect to make further announcements in this regard before the end of the year.

Special Educational Needs.

Emmet Stagg

Question:

528 Mr. Stagg asked the Minister for Education and Science the reason no assistance has been provided for a person (details supplied) in County Kildare in terms of resource teaching hours; and if she will make a statement on the matter. [25251/04]

My Department has no record of receiving an application for resource teaching support for the pupil in question. My officials contacted the school authorities and were informed that the pupil was assessed as having a disability, which falls within the high-incidence disability categories. The Deputy may be aware that a new weighted model of resource teacher allocation has been introduced for pupils with special educational needs who, like the pupil in question, fall within the high-incidence disability categories. The needs of this pupil can be met from within the current resource and learning support teaching allocation available to the school. I understand that the school principal advised the parent that he would arrange additional teaching support in small groups for the pupil in question at the school from November 2004.

Liz McManus

Question:

529 Ms McManus asked the Minister for Education and Science when the vacant posts for visiting teachers will be advertised; when they will be filled; and if she will make a statement on the matter. [25272/04]

My Department is assessing the role of the visiting teacher service in the context of the level and range of teacher supports now being provided for children with special educational needs. I expect the review to be completed within the current school term. A decision on the filling of vacancies will be based on the outcome of the review.

Adult Education.

Olivia Mitchell

Question:

530 Ms O. Mitchell asked the Minister for Education and Science, further to Question No. 450 of 27 April 2004, his plans to implement the recommendations of the McIver report; and when this process will commence. [25278/04]

The post-leaving certificate review was commissioned by my Department to examine the sector and make recommendations as necessary on the organisational, support, development, technical and administrative structures and resources required in schools and colleges with large scale post leaving certificate, PLC, provision having regard to good practice in related areas across the system and in other countries. The final report was completed in April, 2003.

The report contains 21 over-arching recommendations incorporating over 90 sub-recommendations. The recommendations of the report are wide-ranging and encompass proposals that extend beyond PLC provision. There are issues which impact on the shaping of structures for the delivery of further and adult education into the future and may have implications for other sectors which require consideration at an interdepartmental level. There are significant cost implications in the report's recommendations, which must be measured against needs across the education system, as well as substantial industrial relations issues which will have to be processed through the normal industrial relations channels.

PLC provision is only one aspect of the Department's provision in the further and adult education area. Developments in recent years in adult literacy and community education, the introduction of part-time options in further education for priority target groups under the back to education initiative and programmes for young early school leavers as well as the range of self-financed courses run by VECs and schools are all part of the strategy to offer wider choices and options for further and second chance education. VEC outreach programmes in prisons and other institutions, as well as co-operative ventures with other training providers such as FÁS and Fáilte Ireland are also important in the overall mix of provision.

The rapid expansion of activity in this area in recent years makes it imperative that the overall structures for the delivery of further and adult education are reviewed with a view to establishing a robust, co-ordinated and coherent system into the future. These structures should encompass all opportunities for further and adult education and training and vocational education and training within the context of overall national and EU policies on lifelong learning. The options for greater integration and coherence in the organisation and management of this total provision need to be fully explored. The Department acknowledges that the further education colleges will have a key role in advancing this aim and the research which informed the McIver report together with the report's recommendations will assist in the development of an overall framework.

Arising from my Department's discussions with managerial and trade union representatives on the recommendations of the McIver report, each of these organisations has indicated what its priorities are on implementation. As the principal representative body for the management of further and adult education, the IVEA has submitted a document to the Department which outlines its view of the way forward in the prioritisation of the report's recommendations. This document places the recommendations of the McIver report in the wider context of the structures required to support the development of further and adult education into the future. My Department is engaged in more intensive discussions with the IVEA on its proposals and will embark on further discussions with staff interests when the structural and financial details of the IVEA proposals have been clarified.

Teachers’ Remuneration.

Michael Ring

Question:

531 Mr. Ring asked the Minister for Education and Science when a person (details supplied) in County Mayo will be paid moneys outstanding for hours worked over a number of years. [25328/04]

The criteria for appointment to special needs resource teaching posts in the post-primary sector were reviewed and agreed in July of this year in discussions involving my Department and teacher unions. This agreement provides that with effect from 1 September 2003 persons who are qualified post-primary teachers and who do not hold a specialist postgraduate qualification in the area of special needs may be appointed to special needs teaching posts. Details of this agreement were circulated by my Department to school authorities in circular letter PPT 06/04. In accordance with the terms of this agreement, the salary of the person in question was reviewed and adjusted with effect from 1 September 2003.

Michael Ring

Question:

532 Mr. Ring asked the Minister for Education and Science the progress that has been made on the back payment for supervision work carried out between September 2001 and March 2003 for part-time and substitute teachers. [25329/04]

All payments for supervision and substitution for the school years 2001-02 and 2002-03 have been finalised on the basis of school returns. Each year, schools are given an allocation of hours for substitution and supervision based on the number of wholetime equivalent teachers in the school. Teachers paid through the Department's payroll who opted to perform substitution and supervision under the terms of the scheme were paid each year. If teachers do not take up the total hours allocated for supervision and substitution, a grant for the balance of hours is issued to the managerial authority of the school. The board of management may offer the balance of hours available to substitute and-or part-time staff and pay them out of this grant.

The grants for the 2001-02 and 2002-03 academic years have been paid to schools. All funds for the supervision and substitution scheme for the 2001-02 and 2002-03 school years have been fully allocated.

Special Educational Needs.

Michael Ring

Question:

533 Mr. Ring asked the Minister for Education and Science when teams that are allocated to investigate the SNA support are due to go to the schools in relation to the general review of SNA support levels and the proposed visit to each school which has SNA support; the number allocated to each school; the way in which they give extra hours to pupils; and the way in which they will decide on how to deploy the SNAs. [25330/04]

The team established by my Department to review special needs assistant, SNA, support in mainstream national schools generally commenced its task recently. The team is assessing the levels and deployment of such support to ensure that the needs of children are met in the context of new applications for resources for the school. I am endeavouring to ensure that the review and the notification of schools on outstanding applications for SNA support are completed in the earliest possible timeframe.

School Transport.

Michael Ring

Question:

534 Mr. Ring asked the Minister for Education and Science the reason a person (details supplied) in County Mayo has to walk three quarters of a mile to a pick up point for their school transport when another person in that household was previously collected at school. [25331/04]

My Department has requested a report on this matter from the transport liaison officer, County Mayo VEC. The case will be considered on receipt of the report.

Special Educational Needs.

John Deasy

Question:

535 Mr. Deasy asked the Minister for Education and Science if a full-time classroom assistant will be appointed for and a computer designated for a person (details supplied) in County Waterford in view of the recommendation put forward by a clinical psychologist with the South Eastern Health Board; and if she will make a statement on the matter. [25347/04]

I can confirm that my Department received an application for special needs assistant support, SNA, for the pupil referred to by the Deputy. Additional information was submitted in support of the application and this is being considered. A decision on the application will be conveyed to the school as soon as this process has been completed.

Under present arrangements, my Department may provide funding to schools to meet the special equipment needs of pupils with disabilities for use of the equipment while attending primary and post-primary schools. Schools can apply through the special education section of my Department for this support. Supporting relevant documentation to be submitted with the application includes psychological assessment, occupational therapy and physiotherapy reports, as necessary. These reports should be made available to the inspectorate when considering the application.

My Department has no record of receiving an application from the school for a computer in respect of the pupil concerned.

Schools Refurbishment.

Dinny McGinley

Question:

536 Mr. McGinley asked the Minister for Education and Science the position regarding the proposed extension-refurbishment of a school (details supplied) in County Donegal. [25376/04]

An application for grant aid towards an extension-refurbishment 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 be providing details of the multi-annual programme before the end of the current year.

School Staffing.

Michael Ring

Question:

537 Mr. Ring asked the Minister for Education and Science the reason she is not recognising persons as special needs assistants following their training on special needs courses. [25377/04]

Approval for the post of special needs assistant is granted by my Department. However, the appointment of individual special needs assistants in primary and second level schools is a matter for each school authority.

Michael Ring

Question:

538 Mr. Ring asked the Minister for Education and Science the reason she is not recognising trained special education teachers, or only recognise them on a provisional or restricted basis. [25378/04]

To obtain full recognition as a primary teacher in this country, teachers must have satisfactorily completed a recognised primary teacher training course. In addition, Irish primary school teachers are class teachers as distinct from individual subject teachers and must be able to teach all aspects of the curriculum including the Irish language. Accordingly, fully recognised primary teachers must be qualified to teach the full range of primary school subjects to children aged four to 12 years.

Teachers trained in another jurisdiction but who do not possess an appropriate Irish language qualification must have their qualifications assessed and accepted by my Department before they are granted a five-year period of provisional recognition to teach in national schools. Such teachers must satisfy my Department that they are competent to teach the Irish language and to teach the range of primary school curricular subjects through the medium of Irish before being granted full recognition to teach in mainstream classes in national schools. To satisfy the Irish language requirement such teachers must pass an Irish language examination, Scrúdú Cáilíochta sa Ghaeilge, and provide certification that they have resided in the Gaeltacht while attending an approved three-week course. Holders of provisional recognition are entitled to be placed on the trained teachers' common basic scale.

My Department grants restricted recognition to certain Montessori trained teachers and to teachers who have a recognised primary teacher qualification from another jurisdiction but who are not qualified to teach in mainstream national schools because they do not have an appropriate Irish language qualification. Restricted recognition gives eligibility to teach in certain categories of special schools and special classes in mainstream schools where Irish is not a curricular requirement. Access to and renumeration for these posts is on a qualified teacher basis.

School Accommodation.

Dinny McGinley

Question:

539 Mr. McGinley asked the Minister for Education and Science the position regarding the application by a school (details supplied) in County Donegal for additional classroom, accommodation and special needs facilities; and if she will make a statement on the matter. [25379/04]

An application for improved accommodation has been received from the management authority of the school to which the Deputy refers. My officials are nearing completion of a review of all projects 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 be providing details of the multi-annual programme before the end of the current year.

Higher Education Grants.

Bernard J. Durkan

Question:

540 Mr. Durkan asked the Minister for Education and Science the options open to a mature student aged over 23 years who wishes to return to full-time education at degree level; the details regarding the availability of higher education grants to mature students; and if she will make a statement on the matter. [25380/04]

Financial assistance is available to students under the higher education grants scheme administered by the local authorities under the aegis of my Department. Generally speaking, students who are entering approved courses for the first time are eligible for grants where they satisfy the relevant conditions as to age, residence, means, nationality and previous academic attainment. An approved course for the purpose of the higher education grants scheme means a full-time undergraduate course of not less than two year's duration and a full time postgraduate course of not less than one years' duration pursued in an approved institution.

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 have secured places in approved institutions and have 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".

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 for the purpose of the means test and residency requirements of the scheme respectively. Alternatively, financial assistance is available through the vocational education committees, VEC, scholarship scheme administered by the VECs under the aegis of my Department. The VEC scheme generally applies to students who already hold a certificate or diploma and are progressing to complete a degree course. Similar terms and conditions of funding as apply under HEG scheme are applicable under VEC scholarship scheme.

The local authorities and VECs assess applicants' eligibility to grant assistance with reference to the terms and conditions of funding prescribed in the respective schemes and award grants where appropriate.

Schools Building Projects.

Seán Ryan

Question:

541 Mr. S. Ryan asked the Minister for Education and Science if she will report on the much needed post-primary school for Donabate, County Dublin; when she will be in a position to make a decision on this project; and if she will make a statement on the matter. [25381/04]

A new school planning model involving published area development plans will be piloted in five areas over the remainder of this school year. I am pleased to inform the Deputy that the north Dublin, east Meath and south Louth region, encompassing Donabate, is included in the pilot scheme. The purpose of this new approach to school planning is to ensure that in future the provision of school infrastructure will be decided only after a transparent consultation process. In this regard, parents, trustees, sponsors of prospective new schools and all interested parties from a locality will have the opportunity to have their voices heard in the process.

Following the consultation process, the individual plan for north Dublin will set out the blueprint for schools' development in the area into the future. The plan will be the mark against which all decisions on capital investment will be made for the next decade. I am confident that this groundbreaking approach to school planning will build on other initiatives, such as publication of the school building programme, to enhance further the credibility of the processes underpinning the allocation of capital funding.

Special Educational Needs.

Damien English

Question:

542 Mr. English asked the Minister for Education and Science if an additional ten hours with a special needs assistant will be allocated to a person (details supplied); and if she will make a statement on the matter. [25382/04]

My Department has approved 20 hours' special needs assistant support, SNA, and five hours per week resource teaching support for the pupil in question. The school submitted correspondence appealing the level of SNA support on 13 October 2004. This will be considered in the context of the supporting documentation submitted and the existing level of SNA support in the school. A decision will be conveyed to the school as soon as this process has been completed.

Liam Aylward

Question:

543 Mr. Aylward asked the Minister for Education and Science the reason for the extraordinary long delay in making a decision on an appeal for special needs assistants for persons (details supplied) in County Kilkenny. [25383/04]

I can confirm that my Department received an application for a review of the special needs assistant, SNA, support for the pupils in question. Arrangements are being made to have the matter expedited. The application will be considered in the context of the supporting documentation submitted and in the light of the existing level of SNA support available in the school.

A decision on the application will be conveyed to the school as soon as this process has been completed.

Schools Building Projects.

Billy Timmins

Question:

544 Mr. Timmins asked the Minister for Education and Science the situation in relation to development proposals at a school (details supplied) in County Wicklow; and if she will make a statement on the matter. [25384/04]

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

Billy Timmins

Question:

545 Mr. Timmins asked the Minister for Education and Science the plans she has to sanction the building of a school for the gaelscoil in Wicklow town; and if she will make a statement on the matter. [25385/04]

The school planning section of my Department is examining all building projects in hands in line with the project prioritisation criteria recently revised in consultation with the education partners. The proposed project for the gaelscoil in Wicklow town is included in this review. I expect to be in a position to provide an update on the progress of individual projects later this year.

Schools Recognition.

Billy Timmins

Question:

546 Mr. Timmins asked the Minister for Education and Science if an application for official recognition of a school (details supplied) in County Wicklow has been made; if so, the situation of same; and if she will make a statement on the matter. [25386/04]

I am pleased to inform the Deputy that the school to which he refers received permanent recognition effective from 1 September 2001.

Schools Building Projects.

Billy Timmins

Question:

547 Mr. Timmins asked the Minister for Education and Science if an application for building work has been received in her Department from a school (details supplied) in County Wicklow; and if she will make a statement on the matter. [25387/04]

An application for an extension has been received from the authority of the school to which the Deputy refers. The school planning section of my Department is examining all building projects on hands in line with the project prioritisation criteria recently revised in consultation with the education partners. The proposed project for the school in question is included in this review. I expect to be in a position to provide an update on the progress of individual projects later this year.

School Staffing.

Brendan Howlin

Question:

548 Mr. Howlin asked the Minister for Education and Science if officials of her Department have been in touch with school authorities in relation to their application for the appointment of additional learning support and resource teaching for a school (details supplied) in County Wexford which is necessary to keep pace with the growing numbers at the school; if disadvantaged status will be granted to this school; and if she will make a statement on the matter. [25388/04]

My officials have received correspondence from the school in question concerning the level of learning support and resource teaching at the school. My Department advised the school of its teaching allocation under the weighted system in June 2004 and will be in further contact with the school shortly. I can confirm that the school has the services of a full-time shared resource teacher and shared learning support teacher.

The school has submitted six applications for special educational needs, SEN, supports for individual pupils. Four of the applications are for pupils that fall within high-incidence disability categories and should be catered for within the current resources available in the school. A further five hours' resource teaching support and five hours' special needs assistant support have been sanctioned for the remaining two pupils who fall in the lower incidence disability categories. This sanction has been conveyed to the school.

Under my Department's weighted system of allocation, the appropriate level of special needs teaching support is determined by the schools' 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 needs will continue to receive individual allocations of special educational needs resources 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. The points raised in correspondence from the school will be considered in this context. With regard to the issue of disadvantaged status for the school, my Department is finalising a review of educational disadvantage schemes with a view to building on what has been achieved to date, adopting a more systematic, targeted and integrated approach and strengthening the capacity of the system to meet the educational needs of disadvantaged children and young people.

Schools Building Projects.

Seán Haughey

Question:

549 Mr. Haughey asked the Minister for Education and Science the progress which has been made regarding the provision of new accommodation for the pupils and teachers of a school (details supplied) in Dublin 9; and if she will make a statement on the matter. [25412/04]

My Department is investigating a number of options to cater for the long-term accommodation needs of the school referred to by the Deputy. Among the options under consideration is the possible purchase of a site. The OPW, which acts on behalf of my Department in site acquisition matters generally is investigating this particular option.

The school planning section is also looking at the overall future provision of primary education in the area in which the school is located. In this regard, it is engaged in discussions with the primary education providers concerned. The purpose of the examination is to determine the likely demand for primary school places in the medium to long term and how existing provision can be maximised to cater for this demand. No decisions will be taken regarding capital investment for the school in question pending the conclusion of this broader examination of the area.

Jan O'Sullivan

Question:

550 Ms O’Sullivan asked the Minister for Education and Science the position regarding the application earlier in 2004 for a new gaelscoil in Lucan, County Dublin. [25453/04]

The application earlier in 2004 for a new gaelscoil in Lucan was refused on the recommendation of the new schools advisory committee. The increase in demand for all-Irish provision in the Lucan area is being met by the expansion of the existing gaelscoil.

School Transport.

Pat Breen

Question:

551 Mr. P. Breen asked the Minister for Education and Science if school transport will be provided for persons (details supplied) in County Clare; and if she will make a statement on the matter. [25454/04]

In general, to be eligible for primary school transport a pupil must reside two or more miles from the nearest national school or school of amalgamation and be attending that school. My Department has requested a report from Bus Éireann regarding the question of eligibility to school transport for the family referred to in the details supplied. The case will be considered on receipt of the report.

Vocational Education Committees.

Pat Breen

Question:

552 Mr. P. Breen asked the Minister for Education and Science if she intends to carry out an independent investigation, as sought for by the members of the Clare VEC, into the involuntary resignation of the chief executive officer of County Clare VEC and examine the activities and structure of the VEC; and if she will make a statement on the matter. [25455/04]

I have decided to establish an inquiry under the provisions of section 105 of the Vocational Education Act 1930 into the resignation of the former CEO of County Clare VEC, having regard to her statement of 9 July 2004 to the committee. The inquiry will be conducted by Mr. Torlach O'Connor, a retired assistant chief inspector of my Department. County Clare VEC has been informed of this decision.

Pupil-Teacher Ratio.

Seán Ó Fearghaíl

Question:

553 Mr. Ó Fearghail asked the Minister for Education and Science if she plans an initiative to further reduce class sizes at primary level. [25456/04]

Significant improvements have been made in the pupil teacher ratio at primary level in recent years. The ratio has fallen from 22.2:1 in the 1996-97 school year to 17.44:1 in the 2003-04 school year. Arising from these improvements, class sizes have reduced in the same period. I am committed to reducing class sizes still further. This, however, can only be done on a phased basis having regard to available resources and subject to spending priorities within the education sector. Priority will be given to pupils with special needs and those from disadvantaged areas.

I have requested my Department's inspectorate to monitor the deployment of staff and class sizes and, where necessary, to discuss with school authorities the basis on which school policy decisions in this regard have been made and to report to my Department where appropriate.

School Staffing.

Seán Ó Fearghaíl

Question:

554 Mr. Ó Fearghail asked the Minister for Education and Science if she has satisfied herself with the progress made to date in the implementation in the weighted system for special educational needs pupils; and if she will make a statement on the matter. [25457/04]

The system of allocating teaching resources for pupils with special educational needs, SEN, was revised in June this year following a lengthy period of development and consultation. The revised system comprises two elements: a general weighted element and specified individual allocations.

The general weighted allocation will facilitate primary schools to cater for pupils with higher-incidence SEN, that is, those with borderline mild and mild general learning disability and specific learning disability as well as those with learning support needs. This will obviate the need for schools to submit individual applications for pupils in those categories. Schools may continue to apply for specific teacher allocations in respect of pupils with lower-incidence SEN.

My Department now proposes to devise school clusters in respect of allocations to be made under the weighted model. Sanction for the filling of posts will be considered in the context of these clusters and the weighted arrangements. To facilitate the full introduction of the weighted model from the school year 2005-06, my Department has agreed not to redeploy surplus teachers from full-time posts via the panel redeployment process during the current school year. Schools have also been informed that they may retain excess part-time teaching hours to the extent that such hours are required for children with lower-incidence SEN.

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.

Teacher Training.

Seán Ó Fearghaíl

Question:

555 Mr. Ó Fearghail asked the Minister for Education and Science if she intends to undertake an initiative to encourage the entry of more males into the primary teaching profession. [25458/04]

In October 2003 a primary education committee was established in my Department to examine how more males can be encouraged to enter the primary teaching profession, with particular reference to the report of Dr. Sheelagh Drudy entitled Gender Differences in the Pattern of Admission to the Colleges of Education.

The committee has taken a multi-stranded approach in addressing this question: presentations have been made to the committee by a number of experts in the field; the INTO report on Gender Imbalance in Primary Teaching, published in Easter 2004, has been examined; research is being carried out for the committee involving male primary teachers who have qualified in the past ten years to seek their views on this question. The views of a number of female teachers are also being sought; a number of focus groups have been organised, including representatives of single sex boys schools and representatives of Church of Ireland schools; the colleges of education have sought the views of current male students in their colleges using a questionnaire and also by organising focus group meetings; and a conference was held in Maynooth on14 October 2004 to seek the views of a wideraudience.

I share the generally expressed concerned about the falling numbers of males entering primary teaching. This is a phenomenon which has emerged in many developed countries. I await, therefore, with interest the report of the committee, which is due early in 2005 and which will contain recommendations on both short term and long term strategies and initiatives most appropriate to address this issue. When I have evaluated these findings I will decide on what specific action to take to encourage the entry of more males into the primary teaching profession.

Pupil-Teacher Ratio.

Brian O'Shea

Question:

556 Mr. O’Shea asked the Minister for Education and Science if a school (details supplied) in County Waterford will be included in the 1:80 ratio allocation of special education teachers; and if she will make a statement on the matter. [25459/04]

Under my Department's weighted system of allocation, the appropriate level of special needs teaching support is determined by the schools' 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 school in question does not qualify for a ratio of one teacher for every 80 pupils under the criteria outlined. This school is categorised as an all-girls school and, as such, would attract a pupil teacher ratio of one teacher to 200 pupils.

With regard to the issue of disadvantaged status for schools, my Department is currently finalising a review of educational disadvantage schemes with a view to building on what has been achieved to date, adopting a more systematic, targeted and integrated approach and strengthening the capacity of the system to meet the educational needs of disadvantaged children and young people.

Special Educational Needs.

Dan Neville

Question:

557 Mr. Neville asked the Minister for Education and Science further to Question No. 175 of 12 October 2004, if the person (details supplied) in County Limerick is being considered for a special needs assistant in 2004. [25486/04]

The Deputy may be aware that my Department has established a team to review SNA support in mainstream national schools generally. The team recently commenced its task and will assess the levels and deployment of such support to ensure that the needs of children are being met in the context of new applications for resources for the school.

I am endeavouring to ensure that the review and the notification of schools regarding outstanding applications for SNA support are completed in the earliest possible timeframe.

Jan O'Sullivan

Question:

558 Ms O’Sullivan asked the Minister for Education and Science the reason resource hours which had been provided for a person (details supplied) in County Clare with special needs have been cut; if the hours will be restored; and if she will make a statement on the matter. [25487/04]

My Department allocates additional teaching support and special needs assistant support to second level schools and vocational education committees to cater for pupils with special educational needs. Each application is considered on the basis of the assessed needs of the pupils involved and the nature and level of support provided is determined on the advice of the psychological service.

The school concerned has been allocated 44.33 hours per week additional teaching support for the 2004-2005 school year to cater for the special educational needs of a number of pupils including the pupil to which the Deputy refers. The level of resource teaching allocated to the school in question by my Department was determined after detailed consideration of the school's application, the supporting documentation provided and having regard to the overall level of resources already available to the school to address special needs issues.

It is a matter for the school authority concerned to deploy this allocation having regard to the assessed need of individual pupils involved and in line with their evolving needs.

John McGuinness

Question:

559 Mr. McGuinness asked the Minister for Education and Science the supports or assistance which can be put in place at the school of a person (details supplied) in County Kilkenny. [25504/04]

Second level pupils with dyslexia are normally integrated into ordinary classes. In such cases they may receive additional tutorial support from the remedial teacher, guidance counsellor and subject teachers.

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

In accordance with the terms of circular letter M10/94, pupils with dyslexia may also meet the criteria for exemption from the learning of the Irish Language. Depending on the degree of the condition, they may also be eligible for special arrangements in the certificate examinations.

Education Policy.

Finian McGrath

Question:

560 Mr. F. McGrath asked the Minister for Education and Science if she will include CORI justice commission policy recommendations (details supplied) in all policy areas within her Department. [25732/04]

My Department is aware of the recommendations for the education sector contained in the CORI justice commission's Policy Briefing on Budget Choices. These recommendations will be considered by my Department in the context of the Estimates process for 2005.

Defence Forces Representation.

John McGuinness

Question:

561 Mr. McGuinness asked the Minister for Defence the support he will give the Lebanon veterans in their efforts to organise as a group and participate in parades and such like Army and civilian events; if their request for a disused armoured car for display will be considered and dealt with as soon as possible; if a submission made to his Department by that group will be considered; and if he will make a statement on the matter. [24995/04]

Under the provision of the Defence (Amendment) Act 1990, representative associations have been set up for serving personnel of the Permanent Defence Forces, RACO and PDFORRA, and the Reserve Defence Forces, RDFRA. The Organisation of National Ex-Servicemen and Women, ONE, is the recognised organisation for former members of the Defence Forces. The Irish United Nations Veterans Association, IUNVA, represents the interests of serving and former members of the Defence Forces who served overseas with the United Nations. I consider that serving and former members of the Defence Forces are adequately represented and the question of my Department giving recognition to other groups is not one that arises.

A request for a disused armoured car was received by the executive branch of my Department on 28 September 2004. This request is currently being examined and a reply will issue to the relevant organisation in due course.

Defence Forces Property.

Billy Timmins

Question:

562 Mr. Timmins asked the Minister for Defence if there is an annual contract for grass topping and maintenance on the lands at the Curragh, County Kildare, which are the property of his Department; if so, the way in which this is awarded; the cost of the contract for the years 1997 to 2004 inclusive; the candidates which obtained the contract for these years; the requirement for the contract; if the contract was advertised for 2004 and other years; and if he will make a statement on the matter. [25475/04]

Contracts for environmental maintenance works on the Curragh are awarded by my Department on a periodic basis following a tender competition which is advertised in local County Kildare based newspapers, Leinster Leader, Kildare Nationalist and Kildare Times. A contract for weed-cutting on the Curragh is awarded every year following a restricted tender competition. My Department holds details of potential contractors in this regard — currently 13 — and the tender has not been advertised in recent years as the process did not lead to an increase in the number of tenderers. It is open to individuals to request inclusion on the list.

The contracts are required to enable my Department to meet its duty of care to protect the environmental heritage of the Curragh as well as to meet certain statutory obligations in the control of noxious weeds and, in all cases, the lowest tender has been accepted. The contract for environmental works is based on hourly rates for labour and equipment, while the weed-cutting contract is based on an all-in figure. Details of the contractors engaged during the period are as follows:

Year

Environmental Works

Weed-Cutting

2004

Mr. Richard Worrell, Ayr Hill, Stramillian, Monasterevan, Co. Kildare Mr. John Dallon, 40 St. John’s, Castledermot, Co. Kildare

Mr. John Egan, Inch House, Thurles, Co. Tipperary.

2003

Mr. Richard Worrell, Ayr Hill, Stramillian, Monasterevan, Co. Kildare

Mr. Joseph Slattery, Kilbiller, Coolbawn, Nenagh, Co. Tipperary

2002

Mr. Richard Worrell, Ayr Hill, Stramillian, Monasterevan, Co. Kildare

Leens Plant Hire Ltd., Raheenagh, Ballagh, Co. Limerick

2001

Mr. Richard Worrell, Ayr Hill, Stramillian, Monasterevan, Co. Kildare Mr. Peter Keatley, Newtown, Suncroft, Co. Kildare

Leens Plant Hire Ltd., Raheenagh, Ballagh, Co. Limerick

2000

Frank Pearson & Son, Ballinabarna, Skerries, Athy, Co. Kildare

Mr. Peter Keatley, Newtown, Suncroft, Co. Kildare

1999

Frank Pearson & Son, Ballinabarna, Skerries, Athy, Co. Kildare

Mr. Martin Cribbon, 6 St. Patricks Park, Rathangan, Co. Kildare

1998

Frank Pearson & Son, Ballinabarna, Skerries, Athy, Co. Kildare Thomas Logan & Sons, Naas Industrial Estate, Naas, Co. Kildare

Frank Pearson & Son, Ballinabarna, Skerries, Athy, Co. Kildare

1997

Frank Pearson & Son, Ballinabarna, Skerries, Athy, Co. Kildare Thomas Logan & Sons, Naas Industrial Estate, Naas, Co. Kildare Stramillian Agricultural Contractors, Stramillian, Kildangan, Monasterevan, Co. Kildare

Mr. Percy Podger, French Furze House, Kildare, Co. Kildare

Expenditure in each year in respect of these contracts is as follows:

Year

Environmental Works

Weed-cutting

1997

71,292.49

8,378.84

1998

92,283.51

15,871.73

1999

16,638.65

19,998.38

2000

43,103.80

32,378.32

2001

97,519.36

34,997.16

2002

96,905.56

39,318.74

2003

157,707.86

30,645.00

2004

120,631.00 (to date)

28,375.00

Defence Forces Equipment.

Aengus Ó Snodaigh

Question:

563 Aengus Ó Snodaigh asked the Minister for Defence if he has plans to introduce less than lethal weapons for use by the Defence Forces in the course of the duties in aid to the civil power, or otherwise; if he will report on the participation by officials in his Department and the Defence Forces in the Jane’s conference on less lethal weapons taking place in Dublin on 19 and 20 October 2004; the number of officials who are participating; the positions and briefs of same; and the number of members of the Defence Forces who are participating and their rank; and if he will make a statement on the matter. [25537/04]

The introduction of less lethal weapons for use by the Defence Forces in the course of aid to the civil power duties is the subject of ongoing consideration in my Department. Such consideration follows the proposal of the Minister for Justice, Equality and Law Reform, noted by Government in November 2002, to authorise the introduction of a limited range of less-lethal weapons for use by the Garda emergency response unit, ERU, where this is necessary to avoid the use of firearms.

The less-lethal weapons for use by the Garda ERU are the bean bag shot, a pepper spray device and a ferret pepper spray shot. There is no participation by officials of my Department or the Defence Forces in the Jane's conference on less lethal weapons on 19 and 20 October 2004. The Defence Forces will have one senior officer, rank of commandant, from the directorate of operations attending the conference purely as an observer.

Environmental Policy.

Enda Kenny

Question:

564 Mr. Kenny asked the Minister for the Environment, Heritage and Local Government if he has plans to restrict the activities of An Taisce; his views on the abolition of the group; his further views on the groups activities to date; and if he will make a statement on the matter. [25005/04]

I consider that An Taisce carries out valuable work on a number of environmental and amenity initiatives. These include the national spring clean and the blue flag schemes, both of which receive substantial grant assistance from my Department and a green schools programme, which is widely supported by local authorities.

Article 28 of the Planning and Development Regulations 2001 includes An Taisce in the list of prescribed bodies to whom notice must be given of certain planning applications. Under this provision An Taisce is notified where a proposed development might impact on matters such as areas of special amenity, protected structures, national monuments and nature conservation. As Minister for the Environment, Heritage and Local Government, I will keep the regulations, including the list of prescribed bodies, under continual review to ensure that they deliver an effective and efficient planning service leading to quality planning decisions. I will see that any necessary changes to support this outcome are addressed on a timely basis. Environmental NGOs, including An Taisce, are responsible for regulating their own activities.

Marine Conservation.

Richard Bruton

Question:

565 Mr. R. Bruton asked the Minister for the Environment, Heritage and Local Government the position on the proposal to establish a national marine conservation centre, as put forward by the Irish Seal Sanctuary; if there is a commitment to provide either once-off seed funding or ongoing funding to support this project; and if he will make a statement on the matter. [25017/04]

Given my Department's limited resources for wildlife conservation and protection, it is necessary to target grant assistance towards projects which will fulfil our obligations under EU directives, maximise conservation benefits and address the overall protection of threatened and vulnerable species and habitats.

There is an abundant population of seals in Irish waters and the seal species are not threatened in conservation terms. Accordingly I regret that funding of the Irish Seal Sanctuary by my Department cannot be prioritised at this time.

Water and Sewerage Schemes.

Pat Breen

Question:

566 Mr. P. Breen asked the Minister for the Environment, Heritage and Local Government if he will report on the Miltown Malbay sewerage scheme; and if he will make a statement on the matter. [25042/04]

Pat Breen

Question:

570 Mr. P. Breen asked the Minister for the Environment, Heritage and Local Government the position regarding the Ennistymon, Liscannor, Miltown Malbay and Spanish Point sewerage schemes; and if he will make a statement on the matter. [25061/04]

I propose to take Questions Nos. 566 and 570 together.

The Ennistymon, Liscannor, Miltown Malbay and Spanish Point sewerage schemes which are being procured as a grouped project, are included in my Department's Water Services Investment Programme 2004-2006 to commence construction in 2006. My Department is awaiting the submission by Clare County Council of a preliminary report for the schemes.

Pat Breen

Question:

567 Mr. P. Breen asked the Minister for the Environment, Heritage and Local Government when his Department will proceed to the next stage, namely procurement of consultants to prepare contract documents for the Ennis-Clarecastle sewerage scheme in County Clare; and if he will make a statement on the matter. [25048/04]

The Ennis-Clarecastle sewerage scheme is included in my Department's Water Services Investment Programme 2004-2006 as a scheme to commence construction in 2005. Clare County Council's preliminary report for the scheme is under examination in my Department and will be dealt with as quickly as possible.

Waste Management.

Arthur Morgan

Question:

568 Mr. Morgan asked the Minister for the Environment, Heritage and Local Government the percentage growth in the volume of waste created in this State in each of the past five years; and if he will make a statement on the matter. [25050/04]

The compilation of detailed statistics on waste generation, recovery, recycling and final disposal are a matter for the Environmental Protection Agency which prepares the national waste database, NWD, every three years. The most recent such report published in 2003 in respect of waste arising in 2001 is available from the EPA.

The agency will in future be compiling the NWD every two years which will facilitate the closer monitoring of waste generation, recovery, recycling and disposal patterns across all sectors. Current indications are that the rate of municipal waste generation has slowed, which, coupled with a significant increase in recycling rates, has led to a reduction for the first time in the amount of municipal waste going to landfill. While this is a positive development, there is a need to continue and build on these trends to achieve the ambitious targets set out in the 1998 policy document, Changing our Ways, and reaffirmed in Taking Stock and Moving Forward published earlier this year.

Water and Sewerage Schemes.

Pat Breen

Question:

569 Mr. P. Breen asked the Minister for the Environment, Heritage and Local Government if he will report on the west Clare regional water supply scheme contract 6; when the report will be given consideration; and if he will make a statement on the matter. [25059/04]

The west Clare regional water supply scheme, contract 6, is included in my Department's Water Services Investment Programme 2004-2006 as a scheme to commence construction in 2005. Clare County Council's design review report and contract documents for the scheme are under examination in my Department and will be dealt with as quickly as possible.

Question No. 570 answered with QuestionNo. 566.

Pat Breen

Question:

571 Mr. P. Breen asked the Minister for the Environment, Heritage and Local Government the position regarding the Doolin sewerage scheme; and if he will make a statement on the matter. [25062/04]

The Ballyvaughan, Corofin and Doolin sewerage schemes which are being procured as a grouped project, are included in my Department's Water Services Investment Programme 2004-2006 to commence construction in 2005. My Department is awaiting the submission by Clare County Council of contract documents for the schemes.

Pat Breen

Question:

572 Mr. P. Breen asked the Minister for the Environment, Heritage and Local Government the situation with regard to the Lisdoonvarna water supply scheme stage 2 extension to Ballyvaughan and Fanore; and if he will make a statement on the matter. [25063/04]

Stage 2 of Lisdoonvarna water supply scheme, extension to Ballyvaughan and Fanore, has been approved for construction in my Department's Water Services Investment Programme 2004-2006. Clare County Council's contract documents for the scheme are under examination in my Department and will be dealt with as quickly as possible.

Environmental Policy.

Arthur Morgan

Question:

573 Mr. Morgan asked the Minister for the Environment, Heritage and Local Government the progress made by his Department to date to fulfil the commitments on the environment contained in the common chapter of the national development plan and if he will make a statement on the matter. [25064/04]

Within the frameworks of the national development plan and the Good Friday Agreement, my Department, together with the Department of the Environment, Northern Ireland, is taking forward enhanced North-South co-operation and joint action in a range of areas including environmental research, information and awareness raising, water quality management, waste management, environmental impacts of agriculture and the management of shared biodiversity resources. Detailed information is available in the annual reports of the North-South Ministerial Council for 2000-2003 which are available on the NSMC website www.northsouthministerialcouncil.org and in the Oireachtas Library.

Notable progress in 2004 includes the following: a scheme for the provision of an all-island facility for the management of waste fridges and freezers was put in place in February 2004; a cross-Border waste awareness campaign, supported by INTERREG IIIA, was launched on 14 September — the overall objective of the campaign is to reduce the volume of waste going to landfill and increase the recycling of waste materials in the cross-Border area; tenders for a feasibility study to examine paper-reprocessing capacity in an all-island context were invited on 15 September; work has recently begun on an INTERREG IIIA funded North-South project, the objective of which is to strengthen inter-regional capacity for environmental monitoring and management, to improve public awareness and participation in water management issues and to develop a number of river basin management strategies for cross-Border waters based on best practice in river basin management planning.

Waste Disposal.

Michael Ring

Question:

574 Mr. Ring asked the Minister for the Environment, Heritage and Local Government the entitlements of farmers to the collection of plastic silage wrap and bale wrap in view of the fact that they are taxed a collection fee when paying for the wrap; the details of the collection agreement in place with the relevant collection companies; and the persons whom the farmers can contact when the wrap is not collected for more than 12 months. [25073/04]

Under the Waste Management (Farm Plastics) Regulations 2001, producers, that is, manufacturers and importers, of farm plastics — silage bale wrap and sheeting — are required to take steps to recover farm plastics waste which they have placed on the market or alternatively to contribute to, and participate in, compliance schemes to recover the waste in question. The farm plastics recovery scheme operated by the Irish Farm Film Producers Group, IFFPG, is the sole approved body in Ireland for the purposes of implementing a compliance scheme for farm plastics waste and has operated successfully to date.

Under the IFFPG scheme, producers apply a levy on the sale of farm plastics which in turn is transferred to the IFFPG for use in funding the collection and recovery of farm plastics waste. Farmers can contact a freephone telephone number operated by the IFFPG to arrange the collection of farm plastics waste from their farms. This freephone number can be obtained from the retail outlet from which the farm plastics was purchased. The engagement of collection companies to collect farm plastics waste is a matter for the IFFPG. My Department is not aware of any significant problems in the current operation of the scheme. If the Deputy is aware of any particular problem in this area I will ask my Department to follow up the matter.

Environmental Policy.

Tony Gregory

Question:

575 Mr. Gregory asked the Minister for the Environment, Heritage and Local Government if all construction work on development sites in residential areas will take place between 8 a.m. and 6 p.m. except in exceptional circumstances regardless of whether planning permission has been granted by a local authority or by An Bord Pleanála; and if he will make a statement on the matter. [25093/04]

From an environmental or development control point of view, there is no general statutory requirement limiting construction work on development sites in residential areas to specific times and there are no proposals in that regard. However, as detailed in reply to Question No. 385 of 6 April 2004, the Planning and Development Act 2000 enables planning authorities to impose planning conditions on a permission to reduce or prevent noise emissions and there are other provisions, particularly under the Environmental Protection Agency Act, which may also be utilised.

Planning Issues.

Tony Gregory

Question:

576 Mr. Gregory asked the Minister for the Environment, Heritage and Local Government if he will take steps to terminate the planning fee for objectors as required by a decision of the EU; and if he will make a statement on the matter. [25094/04]

On 23 January 2003, the European Commission issued Ireland with a reasoned opinion to the effect that the €20 fee for the making of a submission on a planning application which requires environmental impact assessment is contrary to the public participation provisions of Directive 85/337/EEC on Environmental Impact Assessment, EIA. A reply, responding to each of the points raised in the reasoned opinion, issued to the European Commission on 16 May 2003 set out our contention that the imposition of a €20 participation fee is not in conflict with the provisions of the directive.

On 22 July 2003, the European Commission issued a press release in which it stated its intention to refer the case to the European Court of Justice. However, no official communication has been received from the Commission to date. I have no proposal to amend the relevant regulations which reflect an approach endorsed by the Oireachtas in the context of the Planning and Development Act 2000.

Recycling Policy.

Arthur Morgan

Question:

577 Mr. Morgan asked the Minister for the Environment, Heritage and Local Government the percentage of waste which is recycled in this State; and if he will make a statement on the matter. [25095/04]

The latest comprehensive data on waste arisings and recovery in respect of all waste streams are contained in the National Waste Database Report for 2001, published by the EPA in July 2003. No aggregate recycling rate for all waste streams is indicated in the report.

Agriculture is the single largest source of waste in Ireland, accounting for an estimated 76.5% of all waste arisings in 2001. As it is assumed that agricultural organic waste is managed by spreading on land with a consequential benefit of improving soil conditions for crop growth, the management of this waste is considered to be recovery.

The following are the recovery rates for the main non-agricultural waste streams in 2001, as estimated by the EPA: municipal (household and commercial) waste — 13.3%. industrial waste — 25.5%; hazardous waste — 64.5%; construction and demolition waste — 65.4%.

In the Interim National Waste Database Report for 2002 — which deals primarily with municipal waste and was published by the EPA in June 2004 the recycling rate of this waste stream is estimated to have advanced to 20.7% in 2002.

In the two EPA reports mentioned, the recovery rate of packaging waste, which is a significant waste stream, accounting for over a third of all municipal waste arisings, was estimated to have increased from 27.2% in 2001 to 34.9% in 2002.

Water and Sewerage Schemes.

John Perry

Question:

578 Mr. Perry asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the fact that it will cost approximately €1 million to run the new Kilsellagh water scheme in Sligo; if he will reimburse Sligo County Council for the upkeep in view of the fact that this will have a major impact on their funding if it is has to come out of current budgets; and if he will make a statement on the matter. [25118/04]

The Kilsellagh water treatment works is an element of the Sligo and environs water supply scheme for which the capital funding is being provided by my Department under the water services investment programme 2004-2006. My Department is awaiting submission by Sligo County Council of tender documents for this element of the scheme.

Current expenditure in respect of the domestic portion of operational costs of water services projects falls to be provided for in the context of local authority budgets which are funded from a variety of sources, including general-purpose grants from the local government fund. The domestic share of the operating costs in this case will in due course be taken into account under the local government fund following completion of the scheme. Allocations from the fund are made to local authorities following finalisation of the Department's annual Estimates process.

In addition, the Government's water services pricing policy requires full recovery of costs from non-domestic users on the basis of marginal capital and average operational costs along with universal metering of this sector by 2006. The application of this policy by Sligo County Council will meet the non-domestic element of costs associated with the operation of the Kilsellagh plant.

Local Government.

Bernard Allen

Question:

579 Mr. Allen asked the Minister for the Environment, Heritage and Local Government if he has plans to grant town status to Glanmire and to allow it to form a district council. [25181/04]

The Local Government Act 2001 modernises the legislative framework, supports community involvement with local authorities in a more participative local democracy and underpins generally the programme of local government renewal. The Act takes account of the recommendations of the 1996 report, Re-organisation Commission Towards Cohesive Local Government — Town and County, regarding improved accessibility, interaction and linkages for non local authority towns within county council areas.

This concluded, inter alia, that the widespread creation of new town authorities was neither warranted nor feasible and recommended that only towns with a population of 7,500 or over be eligible for consideration. Accordingly, section 185 of the Local Government Act 2001 provides, inter alia, that qualified electors of a town having a population of at least 7,500 as ascertained at the last preceding census and not having a town council may make a proposal for the establishment of such a council. I understand that Glanmire would not fall within the required population threshold.

Water and Sewerage Schemes.

Dan Neville

Question:

580 Mr. Neville asked the Minister for the Environment, Heritage and Local Government the position regarding the provision of a new sewerage scheme for Athea, County Limerick. [25184/04]

Athea sewerage scheme is included in my Department's water services investment programme 2004-2006 to commence construction in 2005. My Department is awaiting submission by Limerick County Council of the preliminary report for this and a number of other schemes in the county being advanced as a grouped project.

Pat Breen

Question:

581 Mr. P. Breen asked the Minister for the Environment, Heritage and Local Government the status of the O’Brien’s Bridge waste water treatment system in County Clare; and if he will make a statement on the matter. [25186/04]

The O'Brien's Bridge sewerage scheme is included in my Department's water services investment programme 2004-2006 to commence construction in 2006. My Department is awaiting the submission by Clare County Council of a preliminary report for this and a number of other schemes in the county being advanced as a grouped project.

Local Authority Funding.

Róisín Shortall

Question:

582 Ms Shortall asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the fact that there is a waiting list of 286 tenants in Dublin City Council for extensions due to overcrowded accommodation or severe disabilities; if his attention has further been drawn to the fact that €21 million from his Department would be needed to clear these lists and that current funding is only adequate to clear approximately 80 applications each year; the action he is taking to ensure Dublin City Council has an adequate budget to meet this basic demand from its tenants; and if he will make a statement on the matter. [25206/04]

The capital allocation available to Dublin City Council from my Department in respect of the provision of extensions is sufficient for the requirements of this programme. My Department has not received a request for additional funding. It is a matter for the city council to determine the level of its programme for the provision of extensions.

Water and Sewerage Schemes.

Seán Ó Fearghaíl

Question:

583 Mr. Ó Fearghaíl asked the Minister for the Environment, Heritage and Local Government the status of Kildare County Council’s proposed upgrade of the Kildare town sewerage treatment plant; the likely costs involved; and the timescale for delivery of the necessary works. [25252/04]

The Kildare town sewerage scheme is included in my Department's water services investment programme 2004-2006 as a scheme to start construction in 2005, at an estimated cost of €21 million. My Department has recently approved Kildare County Council's proposals to appoint a consultant to prepare a preliminary report for the scheme and it is now a matter for the council to proceed with the appointment.

Eamon Gilmore

Question:

584 Mr. Gilmore asked the Minister for the Environment, Heritage and Local Government the progress that has been made to approve and implement the Shanganagh-Bray main drainage and the Corke Abbey pumping station schemes documents (details supplied) which was submitted to his Department in June 2003 and which were the subject of Question No. 783 of 27 April 2004. [25255/04]

The Corke Abbey pumping station is an element of the Shanganagh sewerage scheme which is included in my Department's water services investment programme 2004-2006 to commence construction this year. Dún Laoghaire-Rathdown County Council's tender recommendation for the pumping station is under consideration in my Department and will be dealt with as quickly as possible.

Planning Issues.

Dinny McGinley

Question:

585 Mr. McGinley asked the Minister for the Environment, Heritage and Local Government the timeframe for the implementation of the rural planning guidelines. [25294/04]

In accordance with normal practice, the guidelines for planning authorities on sustainable rural housing, published on 4 March 2004, were issued in draft form to give all those interested an opportunity to comment before the guidelines are finalised in statutory form. Submissions on the draft guidelines were to be submitted to my Department by 30 April 2004.

A total of 105 submissions on the draft guidelines have been received by my Department from interested organisations and individuals. The submissions have been examined in detail by my Department. I intend to carefully consider any suggestions for clarifying or improving the guidelines before they are finalised. I expect that the guidelines will be issued in their final statutory form within the next two months.

However, in view of the importance of the rural housing issue and the fact that there has already been extensive opportunity for public debate, my predecessor requested planning authorities and An Bord Pleanála to have regard to the draft guidelines with effect from their date of publication. The guidelines are a material consideration both in relation to development plans and in the consideration of planning applications. Planning authorities are required to review and vary their development plans, where necessary, to ensure that their policies on rural settlement are consistent with the policies set out in the guidelines.

Local Authority Housing.

Róisín Shortall

Question:

586 Ms Shortall asked the Minister for the Environment, Heritage and Local Government his views on the proposals submitted to him by Dublin City Council in respect of the sale of council owned flats and maisonettes to tenants; and if he will make a statement on the matter. [25297/04]

The existing tenant purchase scheme, which is in operation since 1995, does not apply to separate and self-contained flats in premises divided into two or more flats. Proposals received from Dublin City Council regarding the sale of flats raise significant issues of a legal, financial and policy nature and examination of them in my Department is under way.

Archaeological Sites.

John Deasy

Question:

587 Mr. Deasy asked the Minister for the Environment, Heritage and Local Government the parameter and nature of each report commissioned for the Viking site in Woodstown, County Waterford. [25336/04]

Archaeological testing of the route of the N25 Waterford city bypass, which was carried out on behalf of Waterford City Council under the auspices of the NRA, discovered the site at Woodstown and a report is available on the NRA website. Further archaeological investigations followed which involved test excavations and were aimed at determining the nature and extent of the archaeological features.

As outlined in the reply to Question No. 359 of 12 October 2004, three separate investigations have been commissioned by the road authority in relation to the marsh area. These involve paleoenvironmental cores to determine the origins, composition and dates of the build-up of silts and peat in this area, geophysical survey to establish if structures exist in the area beneath the surface and test trenching to ascertain the archaeological potential of the area. My Department's underwater archaeology unit has also been carrying out geophysical surveys beyond the area under the control of the road authority in the river adjacent to the Woodstown site.

Planning Issues.

Róisín Shortall

Question:

588 Ms Shortall asked the Minister for the Environment, Heritage and Local Government if he has satisfied himself that building regulations provide for adequate soundproofing in partition walls between adjoining properties; if he has plans to introduce, amend or alter existing regulations regarding same; and if he will make a statement on the matter. [25413/04]

Part E of the building regulations sets out the current legal requirements in relation to sound in buildings. Part E 1 requires that walls separating dwellings shall have reasonable resistance to airborne sound. Technical guidance document, TGD, E provides guidance on how to comply with these requirements.

Compliance with the building regulations is primarily the responsibility of the designers, builders and owners of buildings. Enforcement of the regulations is a function of the local building control authorities. I intend to initiate a review of Part E and the related TGD E in 2005, in the light of a Home Bond study of sound insulation standards in Ireland and selected other EU member states due to be completed by the end of this year.

Water and Sewerage Schemes.

Paddy McHugh

Question:

589 Mr. McHugh asked the Minister for the Environment, Heritage and Local Government the position pertaining to a project (details supplied) in County Galway; when it is envisaged construction of the works will commence; and if he will make a statement on the matter. [25463/04]

The Headford sewerage scheme has been approved for construction in my Department's water services investment programme 2004-2006. My Department is awaiting submission of Galway County Council's tender recommendation in respect of the scheme.

Telecommunications Services.

Paul Kehoe

Question:

590 Mr. Kehoe asked the Minister for the Environment, Heritage and Local Government if he will make a statement on the location of phone antennae near built up areas including schools, hospitals and nursing homes; and if he intends to issue new guidelines for the erection of phone antennae and base stations in view of the general movement towards wireless technology. [25464/04]

In July 1996 my Department issued guidelines for planning authorities on telecommunications antennae and support structures. Their purpose was to assist planning authorities, An Bord Pleanála, operators of mobile telecommunications services and the general public by providing guidance on dealing with telecommunications masts and base stations within the planning system.

The guidelines advise that, in the vicinity of larger towns and city suburbs, operators should endeavour to locate in industrial areas or in industrially zoned land. They advise that only as a last resort should free-standing masts be located within or the immediate surrounds of smaller towns or villages and also that only as a last resort should free-standing masts be located in a residential area or besides schools. There is no proposal at present to introduce new guidelines for phone antennae and base stations.

Local Authority Housing.

Seán Ó Fearghaíl

Question:

591 Mr. Ó Fearghail asked the Minister for the Environment, Heritage and Local Government if his Department has given consideration to the possibility of using geothermal heating systems in the local authority housing programme. [25465/04]

The type of heating system installed in a local authority house is a matter for the local authority concerned. However, my Department has given approval for the use of a geothermal heating system in a small number of houses and a crèche facility in a new local authority housing scheme in Tralee, County Kerry. My Department will consider further proposals from local authorities for the installation of such heating systems in new housing schemes on a case by case basis.

Planning Issues.

Mary Upton

Question:

592 Dr. Upton asked the Minister for the Environment, Heritage and Local Government if he will issue a circular to local authorities regarding the provisions relating to pre-planning consultations between developers and council planners, in particular to the availability of records of such discussions to the public; and if he will make a statement on the matter. [25473/04]

The preparation of new development management guidelines by my Department is at an advanced stage. These guidelines are intended to give advice to planning authorities, planning practitioners and the general public on various areas of planning control and development management and will replace the 1982 development control advice and guidelines.

These guidelines include substantial guidance to planning authorities on implementing section 247 of the Planning and Development Act 2000 relating to pre-planning consultations. Under that section, the planning authority is required to keep a written record of pre-consultation meetings, and to keep a copy of that record with the documents relating to any subsequent planning application. The guidelines will also address the issue of ensuring public access to planning application files.

As I anticipate that the draft development management guidelines will be published reasonably soon, I do not propose to issue a circular to local authorities regarding pre-planning consultations.

Animal Welfare.

Mary Upton

Question:

593 Dr. Upton asked the Minister for the Environment, Heritage and Local Government if he will give consideration to a request for assistance from an organisation (details supplied); and if he will make a statement on the matter. [25474/04]

My Department has no current request for assistance from the Cat Protection Association of Ireland. I am aware that a number of local authorities in the Dublin area have provided assistance to this association in recent years under the powers available to them and I would like that this form of support can continue.

Departmental Policy.

Finian McGrath

Question:

594 Mr. F. McGrath asked the Minister for the Environment, Heritage and Local Government if he will include the CORI justice commission’s policy recommendations (details supplied) in all policy areas within his Department. [25734/04]

Policy formulation in my Department is informed from many sources, including the views of a wide range of organisations in this context with an interest in the relevant policy areas. Due consideration will be given to views set out in the CORI justice commission's policy briefing.

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