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Dáil Éireann debate -
Wednesday, 17 Nov 2004

Vol. 592 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 54, inclusive, resubmitted.
Questions Nos. 55 to 65, inclusive, answered orally.

Defence Forces Strength.

David Stanton

Question:

66 Mr. Stanton asked the Minister for Defence if there is adequate human resources in place in the Naval Service to meet the requirement of fishing protection; and the details of this requirement. [28754/04]

Olivia Mitchell

Question:

68 Ms O. Mitchell asked the Minister for Defence if the strength of the Permanent Defence Force will be altered over the coming 12 month period; and if he will make a statement on the matter. [28770/04]

Bernard J. Durkan

Question:

81 Mr. Durkan asked the Minister for Defence if he has satisfied himself regarding the strength of the Army, Naval Service and Air Corps, having particular regard to current or likely commitments overseas; if the Defence Forces are adequately equipped to deal with all such arising situations; and if he will make a statement on the matter. [29132/04]

Liam Twomey

Question:

100 Dr. Twomey asked the Minister for Defence the authorised number of personnel for the Defence Forces; the current strength of same; and if he will make a statement on the matter. [28759/04]

Bernard J. Durkan

Question:

608 Mr. Durkan asked the Minister for Defence if the current strength of the Army, Naval Service and Air Corps is adequate to meet all contingencies in view of the likelihood of extra overseas deployment; and if he will make a statement on the matter. [29266/04]

I propose to take Questions Nos. 66, 68, 81, 100 and 608 together.

The White Paper on Defence of February 2000 sets out a figure of 10,500 personnel for the Permanent Defence Force comprising 930 for the Air Corps, 1,144 for the Naval Service and 8,426 for the Army. The strengths of the Permanent Defence Force as at 31 October 2004 are as shown in the table below.

It is my intention to maintain the established Government policy of ongoing recruitment to the Defence Forces. Recruitment into the Permanent Defence Force will continue to maintain the strength at a level required to meet military needs and as set out in the White Paper, that is, 10,500 Permanent Defence Force, all ranks. The Government remains fully committed to the policy of ongoing recruitment to ensure that an overall PDF strength of 10,500 is achieved and maintained. The ongoing recruitment campaign for enlistment in the Defence Forces, approved by my predecessor, is designed to address any shortfall in personnel in the Defence Forces.

The White Paper provides an overall strength figure of 10,500 for the Permanent Defence Force, all ranks. This figure comprehends provision for the allocation of up to 850 members of the Permanent Defence Force to overseas peacekeeping missions at any given time. The military authorities advise that on 31 October 2004 there were 750 members of the Permanent Defence Force serving overseas on such missions. This represents 7.2% of the strength of the Defence Forces. I am satisfied that the current strength is adequate to meet all needs arising at home and overseas.

In 2004 the cadet intake was ten cadets to the Naval Service, 51 cadets to the Army and six cadets to the Air Corps. It is proposed to recruit 15 apprentices to the Air Corps in 2004. From January 2004 to 30 September 2004, there has been an intake of 278 general service recruits. The requirements for any further intakes will be reviewed on an ongoing basis.

The Naval Service supported by the Air Corps maritime patrol aircraft provides Ireland with a very effective fishery protection service in accordance with our EU obligations and the requirements of the Department of Communications, Marine and Natural Resources, which has primary policy responsibility in this area. I am glad to inform the House that a memorandum of understanding incorporating a service level agreement is now in place between the two Departments setting out agreed commitments in relation to fisheries protection and providing for the effective discharge of the Departments' respective obligations.

I am satisfied that the Naval Service has the required assets to meet its obligations under the memorandum of understanding. As such, there is no basis, nor do I have any plans to expand the current fishery protection capability of either the Naval Service or the Air Corps.

Strength of PDF 31 October 2004.

Service

Officers

NCOs

Privates

Cadets

Recruits

Total

Army

1,050

3,060

4,141

52

188

8,491

Air Corps

140

398

317

12

0

867

Naval Service

150

495

396

21

0

1,062

Total PDF

1,340

3,953

4,854

85

188

10,420

Question No. 67 answered with QuestionNo. 65.
Question No. 68 answered with QuestionNo. 66.

Defence Forces Regulations.

Thomas P. Broughan

Question:

69 Mr. Broughan asked the Minister for Defence if his attention has been drawn to the recent remark by a person (details supplied) that the case of 13 soldiers serving in Donegal who face dismissal should be decided within the existing industrial relations framework and not left to the discretion of the men’s superior officers; if he has held discussions with PDFORRA regarding this case; and if he will make a statement on the matter. [28820/04]

The discharge of enlisted personnel is governed by the Defence Act 1954, as amended and by the relevant Defence Forces regulations and Defence Forces administrative instructions. Under the relevant regulations, unit commanders or sub-unit commanders are not the authorised officers or the prescribed military authorities for the purpose of the discharge of enlisted members of the Defence Forces.

In the matter referred to by the Deputy, the military authorities advise that they are not aware of the identity of the particular individuals to whom the question relates. However they advise that no member of the Defence Forces was threatened with discharge nor is any member facing discharge at this time. A number of enlisted personnel were, however, informed verbally and in writing, by their sub-unit commander, that there was a possibility that they may not meet the criteria, as laid down in regulations and administrative instructions, to continue to extend service in the Defence Forces and they were advised of the possible consequences. The action of the sub-unit commander does not contravene regulations and is viewed as good management practice. Indeed, if the sub-unit commander had not so informed these personnel he might have left himself open to an accusation of failing to give timely advice and warning to those concerned.

Defence Forces Recruitment.

Liam Twomey

Question:

70 Dr. Twomey asked the Minister for Defence the number of applicants for the Defence Forces who failed the medical entry test in the years 2002 and 2003; the reasons for failure; and if he will make a statement on the matter. [28758/04]

The number of applicants for the Permanent Defence Force, other than applicants for general service enlistment, who were found unsuitable on medical grounds in 2002 was 62. In addition, 325 applicants for general service enlistment were found unsuitable on medical-fitness grounds. A breakdown of this figure for medical reasons alone is not available. The number of applicants for the Permanent Defence Force who were found unsuitable, due to failing the medical examination, in 2003 was 123.

The reasons for failure of medical examinations which would disqualify a candidate from entry to the Permanent Defence Force are numerous and varied. Candidates are required to undergo a detailed medical examination to ensure that they are in good mental and bodily health and free from any condition, abnormality or past history of serious illness likely to interfere with the efficient performance of military duties.

Naval Service Vessels.

Jan O'Sullivan

Question:

71 Ms O’Sullivan asked the Minister for Defence his views on whether money accrued from the Government’s SSIA scheme should be used to fund a ship replacement programme; and if he will make a statement on the matter. [28831/04]

The acquisition of new equipment for the Army, Air Corps and Naval Service will be a key focus for me as Minister for Defence. I am aware that significant investment has taken place in recent years and I want to continue the good work in that regard.

The unprecedented level of expenditure on equipment for the Defence Forces was made possible by the Government's decision that pay savings arising from the reorganisation of the Defence Forces set out in the White Paper of 2000, along with proceeds from the sale of surplus properties, would be reallocated for investment in modern facilities and equipment.

In continuing with the investment programme, I am of the view that moneys required for this purpose will be raised through Exchequer allocations or from asset sales and not from money accrued from the SSIA scheme.

At every available opportunity, I will champion the cause of ongoing investment and development of our Defence Forces. We will continue to make substantial investment in new equipment and infrastructure in 2005 and beyond. While expenditure programmes will now have to be more prioritised due to the changed financial situation, I will ensure that a substantial re-equipment programme will continue to enhance the efficiency, professionalism and safety of the Army, Air Corps and Naval Service.

Overseas Missions.

Paul Connaughton

Question:

72 Mr. Connaughton asked the Minister for Defence the overseas missions it is envisaged that the Defence Forces will contribute to for the remainder of 2004 and for 2005; and if he will make a statement on the matter. [28772/04]

Bernard J. Durkan

Question:

73 Mr. Durkan asked the Minister for Defence the extent to which he has received requests for participation in peacekeeping or peace enforcement under the aegis of the UN or EU; and if he will make a statement on the matter. [29131/04]

Seymour Crawford

Question:

74 Mr. Crawford asked the Minister for Defence the number of members of the Defence Forces that are available to the United Nations; if this number will be increased; and if he will make a statement on the matter. [28763/04]

Bernard J. Durkan

Question:

616 Mr. Durkan asked the Minister for Defence the proposed Irish troop deployment, new or replacement; and if he will make a statement on the matter. [29276/04]

I propose to take Questions Nos. 72 to 74, inclusive, and 616 together.

Ireland is currently contributing approximately 745 Defence Forces personnel to 21 different missions throughout the world. The main commitments are to the United Nations Mission in Liberia, UNMIL, with 435 personnel and to the NATO-led international security presence, KFOR, in Kosovo, with 213 personnel. Other personnel are serving as monitors and observers with the United Nations, the Organisation for Security and Co-operation in Europe, OSCE, and the European Union. Staff are also deployed at the organisational headquarters of the OSCE, the UN, NATO and the EU.

Ireland's current major contribution to peacekeeping is in Liberia, where a contingent of the Permanent Defence Forces has been serving since December 2003 with the United Nations Mission in Liberia, UNMIL. Ireland, together with an infantry company group from Sweden, provides the quick reaction force to the UNMIL force commander. Ireland was specifically requested by the UN to participate in a substantive manner in this mission, which is a tribute to the high regard in which the UN holds the Irish Defence Forces. It is intended that Defence Forces involvement in UNMIL will probably conclude in 2005-06, once the Liberian elections planned for mid-2005 are completed.

In KFOR, the Defence Forces are serving as part of a Finnish battalion with a Swedish-led multinational brigade. A reorganisation and downsizing of the NATO-led forces in KFOR, including the Irish contingent, was planned and had partly commenced when civil disturbances broke out in March this year in Kosovo. That downsizing has now been deferred to allow the situation to settle. Having regard to the fragility of the peace in Kosovo and subject to ongoing assessments of the situation on the ground, Ireland will continue to maintain a presence in KFOR for some time yet.

Next month, the EU is due to take-over the current NATO-led UN authorised operation in Bosnia and Herzegovina, known as SFOR. Ireland currently has 12 personnel deployed at SFOR Headquarters. On 9 November 2004, the Government decided, subject to final approval by the UN Security Council of an appropriate resolution authorising the establishment of EUFOR and the approval of the Dáil, to despatch a contingent of the Permanent Defence Forces for service with EUFOR, the EU-led mission-operation in Bosnia and Herzegovina, code named Operation Althea, to be established under the authority of the UN, as the legal successor to SFOR.

Subject to these conditions, planning for participation by the Defence Forces in EUFOR, which is due to commence operations on 2 December 2004, is currently ongoing. Members of the Permanent Defence Forces currently serving in SFOR headquarters will transfer to EUFOR upon the take-over of the mission by the EU. It is also proposed to deploy an additional 42 personnel to EUFOR as part of a Finnish-led multinational task force, bringing Ireland's total deployment in EUFOR to 54. An advance party of 11 personnel has recently been deployed to the mission to put in place the requisite arrangements for the later deployment of the contingent.

Once this planned deployment is completed, the total number of Defence Forces personnel then serving overseas will be 776, which is within Ireland's maximum sustainable commitment of 850 personnel under the United Nations stand-by arrangements system, UNSAS. At 850, the UNSAS commitment represents 10% of the total Army strength and this is the figure set in the White Paper on Defence. This is the maximum sustainable commitment that Ireland can make to overseas peacekeeping operations. It should be appreciated that at any one time one group of personnel will have just returned from service, one will be on overseas duty and a further group will be in training. There are no plans at this time to increase the level of our commitment to UNSAS.

Ireland receives requests from time to time in relation to participation in various missions and these are considered on a case by case basis. However, we are currently fairly close to the limit of our sustainable commitments. It is appropriate that we keep some level of resources in reserve, should we need to reinforce existing missions or to take on additional missions at short notice. Looking to 2005, no other deployments are planned or envisaged at this time.

Army Barracks.

Joe Costello

Question:

75 Mr. Costello asked the Minister for Defence if there are any further plans to close Army barracks in the State; if the future of the three Army barracks in Donegal is secure; and if he will make a statement on the matter. [28823/04]

Willie Penrose

Question:

86 Mr. Penrose asked the Minister for Defence the property which he is considering to be sold in order to raise money for new equipment for the Defence Forces; and if he will make a statement on the matter. [28832/04]

Bernard J. Durkan

Question:

613 Mr. Durkan asked the Minister for Defence the extent to which all military installations decommissioned in 1998 have been disposed of; the total accruing to the Exchequer; the total costs associated with maintenance, security and so on, in the interim; and if he will make a statement on the matter. [29271/04]

I propose to take Questions Nos. 75, 86 and 613together.

On 15 July 1998, the Government approved a programme of evacuation and sale of six barracks considered surplus to military requirements. The barracks in question were located at Ballincollig, Fermoy, Castleblayney, Naas, Kildare and Clancy barracks, Dublin.

The sale of approximately 91 acres comprising lot 1, Murphy barracks, Ballincollig, to O'Flynn Construction for €41 million and the sale of lot 2 to the sitting tenant for €1.05 million — my Department's reversionary interest in approximately 6.2 acres of the barrack lands — was completed in 2003. A further area comprising more than 27 acres at Murphy barracks is being handed over to Cork County Council for community use. Agreements have also been reached for the sale of a site comprising approximately 2.7 acres to the Southern Heath Board and a further plot of approximately 1.7 acres to the Department of Education and Science. Receipts in excess of €2.8 million will accrue to my Department in respect of those disposals. An area comprising approximately 0.545 of an acre has been set aside on foot of a request from the Office of Public Works for a plot of ground to facilitate extension of the existing Garda station located on Main Street, Ballincollig. My Department is in correspondence with the OPW on arrangements for transfer of the lands concerned, including the matter of a consideration therefor. Some 19.218 acres at the former Fitzgerald camp, Fermoy, were sold to Cork County Council in 2001 for €973,889 for development in conjunction with the IDA.

Castleblayney military post, County Monaghan, comprising approximately ten acres, was sold to the North Eastern Health Board for €761,843 in 2002. Seven acres at Devoy barracks, Naas, County Kildare, were ceded free of charge to Naas Urban District Council, while a further 14 acres were sold to that authority for €8,888,167. The balance of the barracks lands — one acre — was sold to Kildare County Council for €380,921 in 2002.

The Government decided in July 2003 that Magee barracks, Kildare, and Gormanston Camp, County Meath, would be among the State lands released for inclusion in the sustaining progress affordable housing initiative. The modalities of the transfer of these properties, as well as sites at St. Bricin's Hospital, Dublin, and at Collins barracks, Cork, to the relevant local authorities are under active consideration in consultation with the Department of the Environment, Heritage and Local Government and the Chief State Solicitor's Office. The sale of Clancy barracks, Dublin, comprising 13.65 acres approximately, to Florence Properties Limited for €25.4 million was completed earlier this year. The disposal of a number of other minor surplus properties owned by my Department has also been completed during this period. The value of sales-disposals completed since 1998 has totalled in excess of €88 million.

There are currently no plans to close any further barracks or to alter the status of military posts at Finner camp, Lifford and Rockhill House, Letterkenny. The Department's property portfolio is, however, kept under continual review and any properties surplus to military requirements will be disposed of to fund much needed investment to meet the equipment and infrastructure needs of the Defence Forces.

The security, maintenance, consultancy and other costs in respect of those barracks identified for closure in 1998 are as follows:

Security

Maintenance and Other Costs

Murphy Barracks, Ballincollig #

1,120,604

257,113*

Fitzgerald Camp, Fermoy #

330,813

42,633

Castleblayney Military Post #

131,289

10,548

Devoy Barracks, Naas #

472,654

16,959

Magee Barracks, Kildare #

123,291

15,677

Clancy Barracks, Dublin #

649,441

203,089

# Now sold or no longer in the administration of my Department. No further costs will be incurred by the Department of Defence.
* Includes costs relating to the integrated area action plan.

Overseas Missions.

Pat Rabbitte

Question:

76 Mr. Rabbitte asked the Minister for Defence if he will elaborate on his recent comments that he is ready to take appropriate and immediate action should the security situation in Liberia deteriorate with regard to ensuring the safety of Irish UN peace-keepers; if he has assessed the level of security threat facing Irish troops serving in Liberia; and if he will make a statement on the matter. [28834/04]

The Defence Forces contingent, which was deployed for service with the United Nations Mission in Liberia, UNMIL, in December 2003 comprises a motorised infantry battalion, of some 435 personnel. A small number of additional personnel have been also deployed at force headquarters and as military observers.

The main Irish contingent, together with a mechanised company from Sweden, representing a battalion level force, operates as the force commander's quick reaction force. The role of the quick reaction force is the provision of an immediate response capability, deployable in sufficient strength and with the required level of force to provide a swift and decisive military reaction to any crisis situation.

Subject to renewal of the UN mandate, it is my intention is that the Defence Forces involvement in this mission will continue for two to three years. Elections, which are due in 2005, under the comprehensive peace agreement, should be completed at that stage. The 91st infantry battalion is due to return home shortly, after completing a six month tour of duty and will be replaced by the 92nd infantry battalion.

As the Deputy will be aware, there was significant unrest in Monrovia in recent weeks. In addition, there are continuing problems in Cote d'Ivoire. Overall it is vitally important to the region as a whole that Liberia remains calm. Indeed, during my recent meeting with the UN Secretary General, Mr. Kofi Annan, he indicated the importance of Liberia as a beacon for peace and security in the region.

During the recent unrest in Monrovia, the Irish Defence Forces contingent was deployed at Mamba Point to protect the main governmental, administrative and foreign delegation areas. It also conducted ongoing patrols across the city in order to restore order. While the civil disturbances were widespread, I am glad to say that there were no injuries to Irish personnel.

The situation in Monrovia has now calmed and civil order has been restored. However, the speed with which these situations can get out of hand is indicative of the difficult circumstances in which our troops operate and one can never lose sight of this. Against this background it is important that our troops have the appropriate skills, training and equipment to discharge their mandate.

A wide range of equipment and force protection assets have been deployed with the contingent including Mowag APCs armoured vehicles and support weapons, heavy machine guns and mortars. Due to the equipment modernisation programmes that have taken place in the Defence Forces over the past few years, our UNMIL contingent is the best equipped ever to serve overseas. However, it is important that we keep the security situation under review. In the event that there is a requirement for the deployment of additional equipment or more extensive resources to support our forces in UNMIL, then this shall be done.

Cash Escorts.

Damien English

Question:

77 Mr. English asked the Minister for Defence the number of members of the Defence Forces who are involved on a day to day basis in providing security for cash in transit vehicles; and if he will make a statement on the matter. [28774/04]

Dan Boyle

Question:

94 Mr. Boyle asked the Minister for Defence if he will report on his plans to alter the practice of providing Army security escorts to the banks; and if he will make a statement on the matter. [28809/04]

Kathleen Lynch

Question:

111 Ms Lynch asked the Minister for Defence when his review into the cost of the Army providing security escorts for bank cash transits will be complete; the reason he recoups only just over 40% of its costs on providing these security services, whereas the Department of Justice, Equality and Law Reform recoups 90% from the gardaí for providing similar services to banks here; and if he will make a statement on the matter. [28827/04]

I propose to take Questions Nos. 77, 94 and 111 together.

To aid the civil power, meaning in practice to assist, when requested, the Garda Síochána which has the primary responsibility for law and order, including the protection of the internal security of the State, is among the roles assigned to the Defence Forces. In this regard, the Defence Forces assist the gardaí as required in duties, which include escorting cash deliveries to banks, post offices and other institutions.

Earlier this year my Department conducted a review of the costs of cash escorts and the relative contribution of the banks to these costs. An annual contribution of €2.86 million is paid by the banks in respect of cash escorts. This figure was set by the Department of Finance in the 1995 budget and has not altered since. This contribution from the banks was designed to part-cover the total costs to the State of providing cash escorts. At that time, the contribution from the banks covered approximately 72% of the total cost arising to the Defence Forces, which includes pay and allowances. Based on annual costings by my Department, the relative level of the contribution has fallen in real terms over the years to the situation where it now only covers 43% of the total costs. The review also found that over 79% of all cash escorts are in respect of deliveries to banks.

The total cost in respect of the provision by the Defence Forces of assistance to the Garda Síochána in protecting movements of cash for the years 2000 to 2003 — the 2004 costs have not yet been finalised in my Department — including pay, allowances, transport and aerial surveillance, was as follows:

2000

2001

2002

2003

€5.70m

€6.58m

€6.87m

€6.64m

These costs related to the following numbers of requested escorts:

2000

2001

2002

2003

2,285

2,488

2,516

2,335

For the first nine months of 2004, approximately 1,825 escorts took place. In any given month approximately 1,592 army man days are expended in relation to these escorts.

My Department is currently in communication with the Irish Bankers' Federation with a view to increasing the contribution and I will meet the chief executive of the Irish Bankers' Federation soon to progress the issue. Pending the outcome of those discussions, I do not believe it would be helpful to elaborate on any proposals to alter current cash escort practices. However, it may be the case that modern satellite tracking technologies and the use of more robust security vehicles could provide options in relation to the level of demand for armed cash escorts provided by the Defence Forces, where large cash consignments are being transported. At the end of the day, cash escorts are provided at the request of the Garda Síochána on the basis of their risk assessment and the Defence Forces will continue to respond to such requests as they arise.

Coroner’s Inquest.

Liz McManus

Question:

78 Ms McManus asked the Minister for Defence if his attention has been drawn to recent comments from the coroner for Donegal north west who investigated the death of an Irish soldier who was killed during a dispute with fellow officers while serving on UN duty in the Lebanon in 1989, that the Department of Defence gave very little co-operation when preliminary information was sought into the soldier’s death; if his Department will co-operate fully with the new inquest into the soldier’s death; and if he will make a statement on the matter. [28828/04]

I am advised that my Department co-operated fully with the coroner for north-west Donegal in relation to the inquest into the death of an Irish soldier while on service with the United Nations in Lebanon in 1989.

In response to a request from the coroner, all the information requested was supplied with the exception of the United Nations board of inquiry report. The UN board of inquiry report is a confidential document, which belongs to the UN and is only provided to the Government on the basis that it is not made public in any form, either in whole or part.

My Department provided a copy of the Irish contingent board of inquiry report to the coroner. In addition, a member of the 28th infantry battalion represented the Defence Forces at the preliminary hearing of the inquest on 21 October 2004. I can confirm that my Department will continue to co-operate fully with the inquest into the soldier's death.

Naval Service Patrols.

Simon Coveney

Question:

79 Mr. Coveney asked the Minister for Defence the role of the Naval Service with respect to assisting the civil power in the fight against the illegal importation of drugs. [28753/04]

Richard Bruton

Question:

102 Mr. R. Bruton asked the Minister for Defence the number of vessels within the Naval Service; the number that are on permanent duty at any given time in policing the coastline and protecting against drug smuggling operations; and if he will make a statement on the matter. [28769/04]

Simon Coveney

Question:

107 Mr. Coveney asked the Minister for Defence the number of fishing patrol vessels possessed by the Naval Service; the estimated remaining life of each; and if he will make a statement on the matter. [28752/04]

I propose to take Questions Nos. 79, 102 and 107 together.

The Naval Service is equipped with a total of eight vessels comprising one helicopter-carrying vessel, five offshore patrol vessels and two coastal patrol vessels. The nominal life of a naval vessel is approximately 30 years, although this can be extended or reduced depending on circumstances and usage. The type and age of each of the vessels is set out in the attached schedule.

The main day to day role of the Naval Service is to provide a fishery protection service in accordance with the State's obligations as a member of the European Union. The Naval Service is committed to having at least three vessels on patrol within the Irish exclusive economic zone at any one time. The service is tasked with patrolling all Irish waters from the shoreline to the outer limits of the exclusive economic zone, the 200 mile limit.

Fishery protection activity accounts for over 90% of all Naval Service patrol time. However, as the need arises, Naval Service vessels may be deployed to other duties such as aid to the civil power, search and rescue, drug interdiction operations and assistance with pollution control.

Responsibility for the prevention of drug trafficking and other such illegal activities rests primarily with the Garda Síochána and the Revenue Commissioners. However, the White Paper on Defence provides for a security role for the Naval Service to assist and support the civil authorities in this important work. Government measures to improve law enforcement in relation to drugs, including the establishment in 1993 of a joint task force involving the Garda, the Customs Service and the Naval Service, have helped to maximise the effective use of Naval Service resources in combating drug trafficking, etc. There is close co-operation between the civil authorities and the Naval Service in this important area.

A key target of the Naval Service has been to increase annual patrol days in line with the recommendations of the PriceWaterhouse report in 1998. I am happy to report that in the last four years to end 2003, the number of annual patrol days has increased by approximately 35%. The target for 2004 is 1,600 patrol days, which will represent a further improvement on the 2003 output of 1,496. The increase in Naval Service output has enabled it to deliver increased levels of service across all areas of its operations.

Type and age of Naval Service vessels.

Vessel

Type

Age

Estimated Remaining Life*

LE Emer

Offshore Patrol Vessel

26 years

4 years

LE Aoife

Offshore Patrol Vessel

25 years

5 years

LE Aisling

Offshore Patrol Vessel

24 years

6 years

LE Eithne

Helicopter Patrol Vessel

20 years

10 years

LE Ciara

Coastal Patrol Vessel

20 years

10 years

LE Orla

Coastal Patrol Vessel

19 years

11 years

LE Róisín

Offshore Patrol Vessel

4 years

26 years

LE Niamh

Offshore Patrol Vessel

3 years

27 years

* Based on a notional life of 30 years.

Defence Forces Equipment.

Jack Wall

Question:

80 Mr. Wall asked the Minister for Defence the position regarding the tendering process for the acquisition of six new helicopters for the Air Corps; when he expects the process to be complete; and if he will make a statement on the matter. [28839/04]

The procurement process for the acquisition of new helicopters for the Air Corps is progressing well. This major investment programme involves the acquisition of six helicopters — two light utility helicopters primarily for Air Corps crew training purposes and four larger utility helicopters, with the option of two further such helicopters — for use in support of the Army and for other ancillary uses such as air ambulance. The new aircraft will replace the current fleet of Dauphin, Alouette and Gazelle helicopters.

The tender competition was advertised in the Official Journal of the European Communities on 29 May 2004. The closing date for the receipt of tenders was Tuesday, 3 August 2004. Valid tenders were received from three companies. The companies involved are Eurocopter, Sikorsky and AgustaWestland.

A comprehensive tender evaluation process is ongoing at present. A project team comprising officials from my Department and Air Corps and Army personnel is undertaking the evaluation. This will, of necessity, take some time to complete. It is expected, however, that the Department will be in a position to place a contract before the end of the year. The Deputy will appreciate that I am not in a position to give any details of the costs of the helicopters at this stage given that the evaluation process is ongoing.

The two light utility helicopters will be operated by the Air Corps primarily in the military pilot and aircrew training role. Primary taskings for the helicopters will include pilot training, instructor training and instrument flight training.

The four utility helicopters will be operated by the Air Corps in a general purpose military operational and training role. They will not be dedicated for use by any particular element of the Defence Forces. Primary taskings for the utility helicopter will include training and operations with special forces, security and aid to the civil power, military exercises, infantry interoperability training and limited troop transport. The helicopters will have the capability of lifting some Defence Forces equipment such as artillery pieces but will not have the capability to lift heavy equipment. They will also be used to perform air ambulance, inland search and rescue, aid to the civil community and VIP transport tasks.

The contract for the supply of the helicopters will be awarded on the basis of the most economically advantageous tender applying the following award criteria, which are listed in order of priority: functional characteristics, operational suitability and technical merit; maintenance, technical support and after sales service; tender prices; life cycle costs over 20 years; training packages offered; warranties offered; and delivery period.

The procurement of modern light utility and utility helicopters will provide a significant boost to the Air Corps. In that regard, every effort will be made to ensure that the process moves along as quickly as possible to ensure that the new helicopters are available to the Air Corps at the earliest possible date.

Question No. 81 answered with QuestionNo. 66.

Defence Forces Conduct.

Gerard Murphy

Question:

82 Mr. Murphy asked the Minister for Defence the progress that has been made on tackling bullying and harassment within the Defence Forces; and if he will make a statement on the matter. [28766/04]

Joan Burton

Question:

91 Ms Burton asked the Minister for Defence the progress made to date in implementing the recommendations of the Doyle report concerning fundamentally tackling the issue of bullying in the Defence Forces; and if he will make a statement on the matter. [28822/04]

Joe Sherlock

Question:

103 Mr. Sherlock asked the Minister for Defence if his attention has been drawn to the comments of a person (details supplied) that they were gobsmacked at the manner in which details of bullying cases within the Defence Forces emerged in the media during the recent PDFORRA conference; his views on whether there is an ignorance at senior level of the Defence Forces of the depth and extent of bullying throughout the forces; and if he will make a statement on the matter. [28819/04]

I propose to take Questions Nos. 82, 91 and 103 together.

In March 2002, Dr. Eileen Doyle and the external advisory committee group presented their report, The Challenge of a Workplace, commonly referred to as the Doyle report, to my predecessor. The contents and recommendations of the Doyle report were accepted in full.

Action to implement the recommendations of the report has been one of the highest priorities for the Defence Forces since its publication. In this context, the comments made by the chief of staff at the recent PDFORRA conference reflected his puzzlement at an apparent lack of recognition of the unprecedented level of time and commitment which both he and senior civil and military management have given to addressing the issues raised in the Doyle report. One of the most notable features of the work undertaken to implement the recommendations of the Doyle report was that the representative bodies played such a full, equal and active part at all levels of the process. The chief of staff has strongly supported a partnership approach to addressing these issues. He has repeatedly emphasised his acceptance of the problems and has recognised the necessity to tackle this matter in a fundamental way at all levels of the Defence Forces. The chief of staff has demonstrated a very active and genuine commitment to change and has emphasised that it is incumbent on all commanders to ensure that best practice in management of personnel is fostered at all levels to eliminate the problems identified in the Doyle report.

I emphasise that bullying is not training for anything. I fully realise that the project of bringing about necessary fundamental changes in attitudes and culture will not be quick or easy. However, with substantial and vigorous leadership, I have every confidence that the proper environment will be firmly established and maintained throughout the Defence Forces.

The follow up action to the Doyle report was driven by the independent monitoring group established in May 2002 to oversee the implementation of recommendations arising from the report. This group met regularly to oversee the implementation of the report's recommendations. Membership of this group included the general secretaries of the representative associations PDFORRA and RACO.

The independent monitoring group's progress report entitled Response to the Challenge of a Workplace, commonly referred to as the Doyle report 2, was launched by my predecessor on Friday, 24 September 2004. This report describes the progress achieved since the publication of the original Doyle report in 2002.

The monitoring group has overseen the conduct of a major educational awareness programme throughout the Defence Forces. Considerable progress has been made in the past two years. Firm guiding principles had already been set out in the Defence Forces dignity in the workplace charter. A new administrative instruction on interpersonal relationships was introduced in March 2003 and a users guide was distributed to every member of the Defence Forces. This new instruction describes the six key relevant domains of interpersonal relationship within the Defence Forces. It sets out contemporary best practice for policy and procedures in dealing with negative workplace behaviours. It lists the full set of formal and informal complaint procedures that may be utilised by any party wishing to institute a complaint.

Some 200 trained designated contact persons are being put in place throughout the organisation to facilitate the operation of these procedures. Approximately 170 of these designated contact persons have already been trained and a strategic plan is in place to develop the numbers up to 200.

An independent 24 hour confidential telephone helpline and counselling service provided by staff care services was introduced in March 2003. Information leaflets on this service were sent to each member of the Permanent Defence Force when the service was introduced. Despite the small numbers availing of the service — 55 up to the end of February 2004 — this service will continue to be available.

A pilot project to record the experiences and views of outgoing members of the Defence Forces was conducted by the Dublin Institute of Technology research centre. This project, which involved confidential interviews and questionnaires, proved very valuable.

The particular challenges of the military training environment were identified in the Doyle report. This area has been given particular attention in the course of the last two years, especially as regards the key pivotal roles of NCOs in leadership and training within brigade formations. Focus groups of NCOs have proven useful here and external experts were sourced for training of these crucial NCO cadres. There has been a sustained emphasis on training the trainers.

The monitoring group has made a series of important recommendations concerning the ranking, selection, training and reward systems for officer and NCO instructors in the cadet school. An immediate change in the training regime for cadets will have a vital demonstration effect. It has been decided, therefore, that the process of introducing these changes will begin with the 2004 cadet intake. Some of the changes will take longer to implement and will be addressed through the conciliation and arbitration process or the overall review of Defence Forces organisation.

The equality steering group was established in autumn 2002 and conducted an independent study under a Labour Court chairperson of Defence Force regulations and administrative instructions, policy and procedures. Its comprehensive audit examined policy and procedures in the light of existing civil statutory requirements such as employment equality and equal status legislation and best civil employment practice. PDFORRA and RACO representatives were also members of this group.

The Ombudsman (Defence Forces) Bill has now passed all Stages. The provision of a statutory Ombudsman for the Defence Forces will provide a further significant impetus in support of the major transformation in culture and practice which has been initiated and which is now well underway.

The Defence Forces are in the process of developing an active and strategic human resource management model of personnel management, development and leadership under the new integrated personnel management system. This is a most important step that will facilitate and hasten the achievement and consolidation of our shared objectives. The tangible result will be a modern and contemporary Defence Force — an organisation that can serve as an international role model.

Every member of the Defence Forces has a right to be treated with respect and dignity and to work within the Defence Forces free from harassment, sexual harassment, bullying and discrimination. The monitoring group has explicitly recommended that a further independent review and audit of progress within the Defence Forces be carried out no later than 2007 and that the results should be made public.

Since the publication of Response to the Challenge of a Workplace, Doyle report 2, this September the following action has been taken by military management: a steering group has been established to oversee the implementation of the proposals that were contained in Response to the Challenge of a Workplace. The steering group is chaired by the assistant chief of staff — support — and executive director human resources and consists of the director administration section, director human resources management section and the director defence forces training. Working groups are being convened by each of the three directors to undertake various tasks in line with the main subject areas covered by the report; a programme of briefings commenced on 16 November 2004 to ensure that each and every member of the Permanent Defence Force, PDF, receives a comprehensive briefing on Response to the Challenge of a Workplace from awareness teams in each brigade and formation. Both representative associations, PDFORRA and RACO, will have members on the awareness teams. Members of the PDF in all barracks and posts will be briefed before the end of the year with briefings of the Reserve Defence Force, RDF, to follow.

Defence Forces Promotions.

Brendan Howlin

Question:

83 Mr. Howlin asked the Minister for Defence if he has plans to relax the rule whereby soldiers failing to win promotion above the rank of private after service of 12 years are let go by the Army; if his attention has been drawn to calls from PDFORRA for this rule to be relaxed; and if he will make a statement on the matter. [28826/04]

The unsatisfactory age and fitness profile of the Permanent Defence Force was commented upon by the Gleeson commission in its report in 1990. The matter had also been of serious concern to the military authorities for a number of years. The age profile was also the subject of severe criticism by PriceWaterhouse Consultants which had been engaged by the efficiency audit group, EAG, to conduct an in-depth study of the Defence Forces. One of the key areas identified for urgent action by the EAG was the development of a manpower policy with an emphasis on lowering the age profile of Permanent Defence Force personnel. The EAG's report was accepted by Government in 1995.

In an effort to alleviate the situation, the Government had already decided in 1993 to enlist personnel on a five year contract basis with a Reserve Force commitment of seven years. The recruitment of personnel on five year contracts was introduced following consultation with the Permanent Defence Force Other Ranks Representative Association, PDFORRA.

In 1997 agreement was reached with PDFORRA on a new manpower policy for the Defence Forces. This policy, applying to personnel enlisted after 1 January 1994, provided that service for private soldiers would initially be for five years with the option to be extended to a maximum of 12 years. Any extension was subject to the individual soldier meeting certain criteria to include standards of medical and physical fitness and conduct. Longer periods of service were envisaged for junior and senior non-commissioned officers. The new policy represented a substantial improvement for personnel who would otherwise have had to leave after five years service while continuing to address the issues of age profile and fitness levels in the Defence Forces. I am satisfied with these existing arrangements.

PDFORRA has submitted a claim under the conciliation and arbitration scheme for a further review of the terms of service applying to personnel enlisting in the Permanent Defence Force after 1 January 1994. As discussions on issues raised under the scheme are confidential to the parties concerned, the Deputy will appreciate that it would not be appropriate for me to comment further at this time.

Decentralisation Programme.

Emmet Stagg

Question:

84 Mr. Stagg asked the Minister for Defence the position with regard to decentralisation plans for his Department; if further staff have agreed to relocate as part of this plan; the number of staff who have agrees to relocate; when the Civil Defence branch of his Department will be moved to Roscrea; and if he will make a statement on the matter. [28837/04]

Olwyn Enright

Question:

98 Ms Enright asked the Minister for Defence the authorised number of personnel for the Civil Defence headquarters; the current strength of the headquarters; the location of same; and if he will make a statement on the matter. [28756/04]

I propose to take Questions Nos. 84 and 98 together.

The Government decision on decentralisation provides for the transfer of my Department's Dublin based Civil Service staff to Newbridge, County Kildare. The number of staff to be relocated to Newbridge is 200. The Government decision also provides for the transfer of 300 Defence Forces headquarters staff to the Curragh, County Kildare.

A total of 385 personnel, of whom 78 are currently serving in the Department, have declared an interest in relocating to Newbridge. The Office of Public Works is currently in discussions with Kildare County Council regarding the possible acquisition of a site in Newbridge for the Department's new headquarters. A site for the Defence Force's Headquarters at the Curragh has been selected.

The Civil Defence Board which was given responsibility for the management of Civil Defence at a national level under the Civil Defence Act 2002, is being relocated to Roscrea, County Tipperary. There are approximately 30 posts in the Civil Defence headquarters. Part of the staff of the Civil Defence Board has moved to temporary accommodation in Roscrea with effect from 10 September 2004. The Office of Public Works, which has responsibility for the provision of official accommodation for Departments, is currently preparing tenders for the fit out of a leased building in Roscrea which will be the permanent accommodation for the Civil Defence Board. It is expected that this will be available for occupation in the first part of 2005.

Terrorist Attacks.

John Deasy

Question:

85 Mr. Deasy asked the Minister for Defence the steps being taken to protect the State from terrorist attack in view of the heightened international risk of terrorism; and if he will make a statement on the matter. [28776/04]

Róisín Shortall

Question:

108 Ms Shortall asked the Minister for Defence the most recent precautions he has taken to upgrade security measures to protect the State against international terrorist attacks; his views on whether the terrorist threat against Europe is generally high and Ireland must therefore improve its security capabilities; and if he will make a statement on the matter. [28836/04]

Eamon Gilmore

Question:

115 Mr. Gilmore asked the Minister for Defence the Defence Force’s current capability to deal with chemical, biological, radiological and nuclear incidents either at home or abroad; his views on the opinion of the Army’s chief of staff that the development of such a capability should be foremost on the Defence Force’s agenda; and if he will make a statement on the matter. [28824/04]

I propose to take Questions Nos. 85, 108 and 115 together.

The most important defence against any terrorist attacks is detection and prevention by the security forces. The Garda Síochána has primary responsibility for law and order, including the protection of the internal security of the State. The potential threats to the State arising from international terrorism are continuously monitored by them in co-operation with the Defence Forces. The advice available to me at this time is, that, while the Garda authorities recognise that the terrorist threat to Europe may currently be high, in relation to Ireland it is low. Notwithstanding this, it is important that all prudent precautions are taken and that matters are kept under continuous review.

The Defence Forces make contingency plans for a range of scenarios where the security of the State may be at risk. In addition, the Defence Forces have contingency plans in place in relation to the provision of aid to the civil power, meaning in practice to assist, when requested, the Garda Síochána, and the provision of assistance to the civil authorities for a range of emergency situations.

A detailed review of capacities and procedures to deal with a range of emergency situations was undertaken by the military authorities following on from the events of 11 September 2001. It included, inter alia, an update of the threat assessment; intensive contacts with other State agencies; a reassessment of operations orders relating to vital installations, alert systems, the Army ranger wing, ordnance and engineer assets in terms of explosive ordnance disposal and specialist search and a review of equipment including the need for air defence. Guidance documents pertaining to aid to the civil power and aid to the civil authorities were also reassessed. All matters arising were addressed and all procedures updated as required.

The capacity of the Defence Forces to deal with major emergencies is kept under constant review. Plans and procedures are updated as necessary and such additional equipment as is required to address any perceived deficiencies is acquired on the basis of identified priorities. Training and preparation for such events is also provided for in the Defence Forces annual training plan. The Defence Forces have available to them equipment for monitoring and protecting its members in dealing with nuclear, biological or chemical, NBC, threats identified from time to time.

The most important defence against any attack is of course external vigilance, detection and prevention by the security forces. All the necessary resources of the Garda Síochána and the Defence Forces are deployed to this end.

Question No. 86 answered with QuestionNo. 75.

Defence Forces Equipment.

Breeda Moynihan-Cronin

Question:

87 Ms B. Moynihan-Cronin asked the Minister for Defence his position on the European Commission Green Paper on Defence Procurement; and if he will make a statement on the matter. [28829/04]

The Green Paper on Defence Procurement is one of the measures announced by the European Commission in its Communication — Towards a European Union defence equipment policy, adopted on 11 March 2003, COM(2003)113 final. Through these measures, the Commission hopes to contribute to the gradual creation of a European defence equipment market which is more transparent and open between member states and which would increase economic efficiency.

The purpose of the Green Paper on Defence Procurement is to develop debate on the establishment of an appropriate regulatory framework for the procurement of defence equipment. To date the procurement of defensive equipment in member states has been outside the scope of the normal procurement directives as provided in Article 296 — ex Article 223 — of the treaty. In so far as my Department is concerned, we welcome any developments which might lead to greater economies in the purchase of equipment for the Defence Forces.

Damien English

Question:

88 Mr. English asked the Minister for Defence the number of NBC protective clothing suits available to the Defence Forces; if new suits have been acquired in the past three months; and if he will make a statement on the matter. [28765/04]

The Defence Forces have available to them equipment for monitoring and protecting their members in dealing with nuclear, biological or chemical, NBC, threats identified from time to time. They hold an extensive range of modern NBC equipment that meets their current requirements. This range includes approximately 7,000 NBC suits, 1,500 of which were delivered in the early part of this year. It is planned to purchase a further 1,000 NBC suits next year. The requirement for additional NBC equipment is kept under continuous review by the Defence Forces. A programme for the purchase of NBC equipment is ongoing and whatever equipment deemed necessary is purchased expeditiously to meet the changing requirements.

Defence Forces Training.

Fergus O'Dowd

Question:

89 Mr. O’Dowd asked the Minister for Defence the provisions in place for the new entrants to the Defence Forces; and if he will make a statement on the matter. [29024/04]

The position is that entry to the Permanent Defence Force is either through general service enlistment, the cadetship competition, the apprenticeship competition or direct entry competitions which are held from time to time to fill vacancies in specialist appointments.

There are provisions in place to ensure that each new entrant to the Permanent Defence Force is given the appropriate training required to carry out the duties she-he will be required to undertake as a member of the Permanent Defence Force. Some of the provisions in place include accommodation, military training, physical training, arms and foot drill, technical trade training and weapons handling tactics. There are also appropriate provisions in place in relation to those who join the Reserve Defence Force.

Defence Forces Equipment.

Dinny McGinley

Question:

90 Mr. McGinley asked the Minister for Defence the number of aircraft within the service of the Air Corps; the age of the aircraft within the service; and if he will make a statement on the matter. [28768/04]

There are a total of 40 aircraft in service with the Air Corps at present, comprising 14 helicopters and 26 fixed wing aircraft. The type and age of these aircraft is set out below.

The eight recently purchased Pilatus PC-9M turbo propeller aircraft will replace the Marchetti aircraft in the pilot training role. These aircraft will allow for the continued training of young cadets to the highest standards. These aircraft will also be capable of being armed and, as such, will have a limited defensive capability.

A comprehensive tender evaluation process is ongoing at present for the acquisition of new helicopters for the Air Corps. A project team comprising officials from my Department and Air Corps and Army personnel is undertaking the evaluation. This major investment programme involves the acquisition of six helicopters — two light utility helicopters, primarily for Air Corps crew training purposes and four larger utility helicopters, with the option of two further such helicopters — for use in support of the Army and for other ancillary uses, including Air Ambulance and emergency community support. The new aircraft will replace the current fleet of Dauphin, Alouette and Gazelle helicopters.

Type and age of Air Corps aircraft.

Aircraft Type

Number in service

Age

Helicopters

Alouettes

7

30 to 41 years

Gazelle

1

24 years

Dauphins

4

18 years

Ecureuill

1

7 years

EC 135

1

2 years

Fixed Wing

Cessna

5

32 years old

Marchetti

7

27 years old

Beechcraft

1

24 years old

GIV

1

13 years old

CASA

2

10 years old

Defender

1

7 years old

Learjet

1

11 months old

Pilatus

8

Up to 8 months old

Question No. 91 answered with QuestionNo. 82.

Army Barracks.

Bernard Allen

Question:

92 Mr. Allen asked the Minister for Defence the amount of funding obtained for the sale of barracks to date; the areas in which it has been spent; and if he will make a statement on the matter. [28760/04]

The sale-disposal of departmental properties considered surplus to military requirements has, since 1998, realised in excess of €88 million.

There has been an unprecedented level of expenditure on infrastructure and equipment for the Defence Forces in recent years. This was made possible by the Government's decision that pay savings arising from the reorganisation of the Defence Forces set out in the White Paper of 2000, along with proceeds from the sale of surplus properties, would be reallocated for investment in modern facilities and equipment. Over €174 million was spent on the capital investment programme for the upgrade of barracks, accommodation and other facilities between 1997 and the end of 2003. This year's Estimate for the Department of Defence includes a further €19 million for such capital works.

Significant progress has also been made in recent years with the acquisition of modern equipment for the Army, Air Corps and the Naval Service. Last month saw the final delivery in the contract for the additional 25 additional armoured personnel carriers from Mowag of Switzerland, which gives the Defence Forces 65 Mowag APCs in total. Mowag APCs are on operational duties with our troops in Kosovo and Liberia. The initial contract for 40 APCs saw deliveries completed by March 2002 and was valued at €51 million inclusive of VAT. The value of the additional contract is some €33 million inclusive of VAT with payments spread over the period 2002 to 2005.

Another significant contract relates to the acquisition of the Javelin missile system from Raytheon-Lockheed Martin in the USA at a cost of some €13 million inclusive of VAT. The purpose of this acquisition is to give Defence Forces personnel an effective, anti-armour capability while on peace support operations. The system will replace the Milan system. Some items under the contract have been delivered to allow for the training of personnel. The main delivery is scheduled for 2005.

There have been ongoing programmes of acquisitions of both nuclear, biological and chemical equipment and night vision equipment, NVE, in recent years and these programmes will continue to meet the ongoing requirements of the Defence Forces. The acquisition of light tactical vehicles, LTVs, for the Defence Forces will also be considered in the light of the ongoing budgetary situation.

The main priority for the Air Corps has been the purchase of eight fixed wing training aircraft all of which have been delivered. The new aircraft is the Pilatus PC-9M, manufactured by Pilatus Aircraft Limited, Switzerland. The cost of the eight aircraft is approximately €60 million. While these aircraft are primarily for pilot training, they are capable of being armed and as such will have a limited defensive capability.

The procurement process for the acquisition of new helicopters for the Air Corps is progressing well. This major investment programme involves the acquisition of six helicopters — two light utility helicopters primarily for Air Corps crew training purposes and four larger utility helicopters, with the option of two further such helicopters — for use in support of the Army and for other ancillary uses such as air ambulance. It is expected that a contract for the acquisition of the helicopters will be signed before the end of the year. The Naval Service has also benefited from the investment programme in recent years with the acquisition of two new modern ships, LE Róisín and LE Niamh, at a cost of some €25 million each.

Defence Forces Recruitment.

Olwyn Enright

Question:

93 Ms Enright asked the Minister for Defence the height requirement for men and women seeking to enter the Defence Forces; and if he will make a statement on the matter. [28757/04]

The minimum height requirement for entry to the Permanent Defence Force is 162.5 cm., 5 ft. 4 in., for both men and women. I have no plans to amend this eligibility requirement. The professional advice of the medical corps and the actual experience of training units is that persons of shorter stature encounter difficulties in carrying the bulk and weight of combat order equipment. Therefore, any lowering of the existing height requirements for enlistment in the Permanent Defence Force is not envisaged.

Question No. 94 answered with QuestionNo. 77.

Overseas Missions.

Eamon Ryan

Question:

95 Mr. Eamon Ryan asked the Minister for Defence if he will report on the situation of Irish troops in Liberia; and if he will make a statement on the matter. [28815/04]

The Defence Forces contingent, which was deployed for service with the United Nations Mission in Liberia, UNMIL, in December, 2003, comprises a motorised infantry battalion, of some 435 personnel. A small number of additional personnel have been also deployed at force headquarters and as military observers.

The 91st infantry battalion is due to return home shortly after completing a six month tour of duty and will be replaced by the 92nd infantry battalion.

The main Irish contingent operates as the force commander's rapid reaction reserve. The role of the Irish personnel is the provision of an immediate response capability, deployable in sufficient strength and with the required level of force to provide a swift and decisive military reaction to any crisis situation.

The Irish battalion in UNMIL has operated in a pathfinding and reconnaissance role supporting the deployment of other UN contingents. It has also conducted long-range patrols beyond Monrovia and well into the interior of Liberia showing a UN presence, deterring lawlessness and protecting local populations. The contingent also undertakes regular daily patrols within the Monrovia area. The Irish battalion is available to the force commander to provide support and a rapid response capability in the event of a breakdown in law and order or further conflict.

During the recent unrest in Monrovia, the Irish Defence Forces contingent was deployed at Mamba Point and also conducted ongoing patrols across the city in order to restore order. While the civil disturbances were widespread and the Defence Forces were deployed extensively, I am glad to say that there were no injuries to Irish personnel. The situation in Monrovia has now calmed and civil order has been restored. However, the speed with which these situations can get out of hand is indicative of the difficult circumstances in which our troops operate and one can never lose sight of this. We will continue to keep this situation under review to ensure that our troops have the necessary equipment and resources to discharge their mandate.

Defence Forces Equipment.

Phil Hogan

Question:

96 Mr. Hogan asked the Minister for Defence the surface to air weaponry capabilities that are available to the Defence Forces; and if he will make a statement on the matter. [28762/04]

The Defence Forces possess a range of Air Defence assets, including radars for detection and weapons systems. With regard to radars, the Defence Forces have one Giraffe mobile air defence radar with a range of up to 40 km and eight Flycatcher mobile air defence fire control radars with a range of 20 km. On Air Defence weapons, the Defence Forces have 24 Bofors L70 air defence guns. These weapons are controlled directly by the Flycatcher radars. They also have six Bofors RBS missile launchers for use with the Giraffe radar.

Question No. 97 answered with QuestionNo. 60.
Question No. 98 answered with QuestionNo. 84.

Defence Forces Deployment.

Michael Noonan

Question:

99 Mr. Noonan asked the Minister for Defence the number of Border operations undertaken by the Defence Forces; if there are plans to reduce the number of troops stationed close to the Border with Northern Ireland; and if he will make a statement on the matter. [28777/04]

The primary responsibility for the internal security of the State rests with the Garda Síochána. The Defence Forces, pursuant to their role of rendering aid to the civil power, assist the gardaí as required. Defence Forces Border operations are undertaken as aid to civil power, ATCP, requests. The Defence Forces also assist the gardaí in relation to prisoner escorts, cash escorts and explosives escorts.

The demands on the Defence Forces in relation to Border duty depend on the nature of the requests for assistance received from gardaí at any particular time. Since the Good Friday Agreement, the level of demand for Defence Forces assistance to the gardaí in the Border area has reduced significantly. During 2003, there were 12 explosive ordnance device, EOD, callouts and four further occasions where the gardaí requested Defence Forces assistance. The question of the level of demand on the Defence Forces in aid of the gardaí in the Border area will be kept under review in my Department in consultation with the relevant Departments as well as with the Garda authorities. There are no plans at present to reduce the number of Defence Forces personnel stationed in posts in the Border area.

Question No. 100 answered with QuestionNo. 66.

Drug Testing Programme.

Mary Upton

Question:

101 Dr. Upton asked the Minister for Defence the number of Defence Forces personnel tested to date for the new drug testing programme; the number who have tested positive; the action taken when a member tests positive; and if he will make a statement on the matter. [28838/04]

Drug abuse has long been recognised as a serious and escalating problem in our society and while there have been relatively few instances of drug related problems within the Defence Forces, it is recognised that the Defence Forces, as a component of the wider community, mirror the community at large. The implications of drug abuse in an organisation where personnel have access to fire-arms are too obvious to require elaboration.

A compulsory substance testing programme was introduced on 1 February 2002, as part of a Defence Forces substance abuse programme, following a long consultative process involving the Office of the Attorney General, the Deputy Judge Advocate General and the Defence Forces' representative associations.

Prior to the launch of the programme, an education programme and awareness briefings were conducted throughout the Defence Forces. All personnel were issued with a booklet devised to inform them of the purpose of the new compulsory random drug testing programme, the administrative procedures involved and the sanctions for those who test positive. All necessary measures, including pre-enlistment screening, education, compulsory random drug testing, monitoring and sanctions, will be taken to maintain a drug free environment within the Defence Forces.

The primary objective of compulsory random drugs testing is deterrence. In order to provide a credible level of deterrent, the testing programme has been devised to maximise the possibility of random selection for testing. A trained drugs testing team is responsible for taking urine samples for compulsory random testing throughout the Defence Forces. Testing commenced on 14 November 2002 and the programme is now in its second year of operation. The target of testing 10% of the Permanent Defence Force has been achieved. A member of the Permanent Defence Force, randomly selected, may be required, at any time, to provide a urine sample which will be tested for evidence of use of controlled drugs, or the abuse or misuse of other substances, or for the detection of the metabolites thereof. A member of the PDF who refuses to provide a urine sample, or who provides a urine sample which tests positive, shall be liable to retirement, discharge or relinquishment of commission or withdrawal of cadetship as appropriate under the provisions of Defence Force regulations.

I have been advised by the military authorities that a total of 2,196 personnel, all ranks, have been tested to date. There have been eight positive tests. Where personnel have confirmed positive test results, they are discharged or retired in accordance with the relevant regulations.

Question No. 102 answered with QuestionNo. 79.
Question No. 103 answered with QuestionNo. 82.

Common Defence Arrangements.

Pádraic McCormack

Question:

104 Mr. McCormack asked the Minister for Defence if he has had consultations with his counterparts at European Union level with regard to the involvement of Ireland in a common defence arrangement across the EU; and if he will make a statement on the matter. [28773/04]

I have had no discussions with my counterparts at European Union level with regard to the involvement of Ireland in a common defence arrangement across the EU.

Ireland's position with regard to the issue of common defence is as set out in our national declaration to the European Council held in Seville in June 2002. It states:

4. In line with its traditional policy of military neutrality, Ireland is not bound by any mutual defence commitment. Nor is Ireland party to any plans to develop a European army. Indeed, the Nice European Council recognised that the development of the Union's capacity to conduct humanitarian and crisis management tasks does not involve the establishment of a European army.

5. The Treaty on European Union specifies that any decision by the Union to move to a common defence would have to be taken by unanimous decision of the Member States and adopted in accordance with their respective constitutional requirements. The Government of Ireland have made a firm commitment to the people of Ireland, solemnized in this Declaration, that a referendum will be held in Ireland on the adoption of any such decision and on any future treaty which would involve Ireland departing from its traditional policy of military neutrality.

6. Ireland reiterates that the participation of contingents of the Irish Defence Forces in overseas operations, including those carried out under the European security and defence policy, requires (a) the authorisation of the operation by the Security Council or the General Assembly of the United Nations, (b) the agreement of the Irish Government and (c) the approval of Dáil Éireann, in accordance with Irish law.

The 26th amendment of the Constitution was approved by referendum and the following Article 29.4.9 was inserted into the Constitution: "The State shall not adopt a decision taken by the European Council to establish a common defence pursuant to Article 1.2 of the Treaty referred to in subsection 7° of this section where that common defence would include the State." I trust this clarifies the matter for the Deputy.

Question No. 105 answered with QuestionNo. 60.

Foreign Conflicts.

Ciarán Cuffe

Question:

106 Mr. Cuffe asked the Minister for Defence if he will elaborate on his statement of 24 October 2004 that the situation in Iraq would have to be much more stabilised than it is now before he would commit troops to that country; and if he will make a statement on the matter. [28812/04]

In the course of my discussions with the UN Secretary General, Mr. Kofi Annan, during his visit to Ireland last month, we discussed the security situation in Iraq and the difficulties this was creating for the UN assistance mission in Iraq. We both recognised the need for a much expanded UN operation to support the rebuilding of Iraq. The Secretary General expressed the view that it would be difficult to mount any expansion of the current UN mission in the absence of greater security and stability in the region. It was against this background that I stated that the situation in Iraq would have to be more stable before the Government committed troops to that country. I should also state that no formal request has been received from the United Nations for the provision of Irish Defence Forces personnel for the UN mission in Iraq and, as such, the matter does not fall to be considered at this time.

Question No. 107 answered with QuestionNo. 79.
Question No. 108 answered with QuestionNo. 85.
Question No. 109 answered with QuestionNo. 60.

Defence Forces Strength.

Jimmy Deenihan

Question:

110 Mr. Deenihan asked the Minister for Defence the strength of the Army ranger unit; the future plans for the development of the unit; and if he will make a statement on the matter. [28767/04]

There is an existing policy of ongoing recruitment to the Army ranger wing. Selection courses are held periodically and successful candidates are then taken into the Army ranger wing. There is a planned selection course in progress at present. It is not known at this time how many personnel are likely to be successful on this course. The military authorities advise that the number of personnel serving in the Army ranger wing is less than 75. For security reasons it is not the policy to disclose the type of equipment available to the ranger wing.

Question No. 111 answered with QuestionNo. 77.

European Defence Agency.

Trevor Sargent

Question:

112 Mr. Sargent asked the Minister for Defence the role Ireland can play in the European armaments, research and military capabilities agency; if Ireland will have a permanent staff at the agency; if it will contribute money to this agency; and if he will make a statement on the matter. [28817/04]

A decision to establish an inter-governmental agency in the field of defence capabilities development, research, acquisition and armaments, known as the European Defence Agency, EDA, was formally adopted at the General Affairs and External Relations Council meeting on 12 July 2004.

The overall aim of the agency is to support member states in their efforts to improve European defence capabilities in support of European security and defence policy. To achieve this, the agency has been ascribed four functions, relating to: defence capabilities development; armaments co-operation; the European defence technological and industrial base and defence equipment market; and research and technology.

At its meeting on 6 July 2004, the Government agreed that Ireland would participate in the framework of the agency. Participation in individual projects of the agency will be a matter for national decision on a case by case basis. The agency will be an important forum by which the EU can seek to improve competitiveness and efficiency in the defence equipment sector which has been notable for fragmentation and duplication. While Ireland is not a major consumer of defence equipment, I believe that we should encourage developments which improve market efficiencies or which may yield some economies of scale for equipment procurement for the Defence Forces.

The agency is still in the early stage of development and is currently in the process of recruiting staff. The recruitment process is open to citizens of all the EU member states. None of the staff appointed by the agency to date has been nominated by Ireland. Ireland has paid a contribution of €21,733.07 towards the agency's initial general budget for 2004. The budget for 2005 will be discussed at a second meeting of the agency's steering board which I will attend in Brussels on 22 November 2004.

Defence Forces Equipment.

Paul Nicholas Gogarty

Question:

113 Mr. Gogarty asked the Minister for Defence if the Defence Forces have been issued with, or will be issued with, less than lethal weapons; and if he will make a statement on the matter. [28813/04]

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. The consideration of the use of a limited less lethal capacity by the Defence Forces 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.

Any decision to introduce less-lethal weapons for use by the Defence Forces acting in aid to the civil power in Ireland will be on the basis that the capabilities of the Defence Forces in this area will not exceed the capabilities of the Garda ERU.

If a decision is taken to provide the Defence Forces with less lethal weapons, the lead will be taken from the Garda Síochána. We will provide the Defence Forces with the same weapons and the weapons will only be deployed by the Defence Forces acting in aid to the civil power in the same limited situations that the gardaí intend to use them.

The Defence Forces have recently conducted evaluation tests on 40 mm bean bag ammunition. I am awaiting receipt of the evaluation report at which stage a decision will be made as to whether to proceed with the purchase of a small amount of such ammunition with which the Defence Forces can provide a graduated response acting in aid to the civil power adhering to the principle of absolute minimum force at all times.

Question No. 114 answered with QuestionNo. 63.
Question No. 115 answered with QuestionNo. 85.

Beef Imports.

Denis Naughten

Question:

116 Mr. Naughten asked the Taoiseach the amount of imported beef from outside the EU in each of the past five years; the countries of origin and the tonnage involved in each case; the tonnage of each category subsequently exported from the State in each year concerned; and if he will make a statement on the matter. [28858/04]

The table below shows the tonnage of beef imported from non-EU countries for the period 1999 to 2003 — 2003 is the latest year for which complete data is available. This data is broken down by beef category and country of origin. By using "country of origin", Ireland, therefore, appears to import from itself because of beef which was exported being subsequently re-imported. Data is not available to answer the latter part of the Deputy's question as the concept of "country of origin" does not apply to exports and consequently external trade statistics does not identify exports of goods previously imported.

Beef imports from Non-EU Countries.

Country of Origin

1999

2000

2001

2002

2003

Tonnes

Overall total

1,611

2,600

9,559

5.123

5.648

of which main categories are:

Frozen beef

Brazil

924

1,541

2,133

2,168

3,122

boneless

Egypt

*3,722

Uruguay

237

138

115

631

13

Ireland

25

45

238

Saudi Arabia

287

Namibia

188

Argentina

14

126

27

Indonesia

163

New Zealand

121

United States

50

Philippines

26

9

Thailand

24

Iceland

11

Australia

10

Bangladesh

1

Nicaragua

1

Total

1,321

1,724

6,697

3,122

3,246

Fresh or chilled beef

Brazil

158

233

369

1,047

1,589

boneless

Egypt

*164

Ireland

3

101

20

5

Uruguay

98

Argentina

41

11

Saudi Arabia

45

Bahrain

24

United States

3

7

Syria

10

Australia

5

Total

166

331

706

1,108

1,622

Fresh or chilled beef

United States

15

carcasses and half carcasses

Kenya

6

Ireland

2

Total

6

2

15

Other bovine meat

Brazil

31

393

819

702

557

prepared or preserved

Ireland

62

80

832

96

107

Argentina

22

58

56

56

Japan

102

United States

17

Bosnia & Herzegovina

2

Romania

1

Total

115

473

1,811

856

738

Edible offal of bovine animals, frozen

Japan

273

Ireland

69

3

Brazil

13

26

Uruguay

34

South Africa

24

Saudi Arabia

8

Egypt

*5

Total

69

326

34

26

Edible offal of bovine animals, fresh or chilled

Ireland

16

Norway

3

New Zealand

1

Total

1

3

16

Other bovine meat

Syria

3

salted, in brine,

dried or smoked

Total

3

Frozen beef

Ireland

2

other cuts with bone in, frozen

Total

2

*CSO has reason to believe that these figures are attributable to consignments of beef exported to Egypt during 2000 and later reimported into Ireland as a result of the existing embargo on all beef imports from EU countries into Egypt.

Ministerial Appointments.

Bernard J. Durkan

Question:

117 Mr. Durkan asked the Taoiseach if any new advisers or consultants have been appointed by him since the Government reshuffle of September 2004; if such appointments are replacements for or are in addition to previous appointments; the salary and terms of employment in each case; and if he will make a statement on the matter. [29116/04]

I have appointed two new advisers since the reshuffle of September 2004. Mr. John Lahart, special adviser to the Government Chief Whip, Deputy Kitt, replaces Carl Gibney, special advisor to the former Chief Whip. Mr. Padraig Slyne has been appointed special adviser with responsibility for co-ordination between all Ministers of State and fills a vacancy which existed prior to the recent re-shuffle. There has been no increase in the number of special advisers who assist me in dealing with the complexities and volume of Government business. The salaries of these individuals are: John Lahart €70,578 and Padraig Slyne €53,977. Department of Finance sanction and approval of contracts has been received in both cases and the normal terms and conditions of appointment of special advisers apply.

Departmental Funding.

Pat Carey

Question:

118 Mr. Carey asked the Tánaiste and Minister for Health and Children if the issue of core funding for a centre (details supplied) in Dublin 7 has been brought to his attention; and if she will make a statement on the matter. [29217/04]

Pat Carey

Question:

174 Mr. Carey asked the Tánaiste and Minister for Health and Children the stage the joint review of the work of a centre (details supplied) in Dublin 7 is at within her Department; and if she will make a statement on the matter. [29254/04]

I propose to take Questions Nos. 118 and 174 together.

My Department understands that the issue of core funding for the Carmichael Centre, Dublin 7, will be addressed as part of the review of the work of the centre. Agreement has been reached between the Northern Area Health Board and the Eastern Regional Health Authority to contract an independent researcher to commission the review and I understand that the review should be complete by the end of the year.

Services for People with Disabilities.

Olwyn Enright

Question:

119 Ms Enright asked the Tánaiste and Minister for Health and Children the progress that has been made on the recommendation in the report of the task force on autism of October 2001 that a national ASD screening programme be established targeting public health nurses and general practitioners; if such a recommendation has been carried out; if so, the extent to which; if not completed, when it will be completed; and if she will make a statement on the matter. [29387/04]

Olwyn Enright

Question:

120 Ms Enright asked the Tánaiste and Minister for Health and Children the progress that has been made on the recommendation in the report of the task force on autism of October 2001 that health boards establish procedures for the assessment of possible ASD in the siblings of identified children; if such a recommendation has been carried out and the extent to which; if not completed, when it will be completed; and if she will make a statement on the matter. [29389/04]

Olwyn Enright

Question:

121 Ms Enright asked the Tánaiste and Minister for Health and Children the progress that has been made on the recommendation in the report of the task force on autism of October 2001 that relevant professionals and diagnostic services come together to establish agreed AS-HFA and autism assessment procedures and that they ensure continuity by using up to date and agreed diagnostic criteria for the accurate and early identification of classic autism, Asperger’s syndrome and PDD-NOS; if such a recommendation has been carried out and the extent to which; if not completed, when it will be completed; and if she will make a statement on the matter. [29392/04]

Olwyn Enright

Question:

122 Ms Enright asked the Tánaiste and Minister for Health and Children the progress that has been made on the recommendation in the report of the task force on autism of October 2001 that speech and language therapy training programmes include a module on differential diagnosis — language disorder-AS — so that speech and language therapists may more effectively refer for comprehensive assessment where indicated; if such a recommendation has been carried out and the extent to which; if not completed, when it will be completed; and if she will make statement on the matter. [29397/04]

I propose to take Questions Nos. 119 to 122, inclusive, together.

In line with the recommendations of the report of the task force on autism my Department has liaised with the Department of Education and Science in relation to the provision of the relevant health related support services.

Since 1998 €16 million has been invested in the early intervention, pre-school and multi-disciplinary support services to enhance access to those services by children with autism and those with intellectual disability. My Department is continuing to work with the health boards and the Department of Education and Science to further develop the necessary support services for people with autism.

Questions Nos. 123 and 124 withdrawn.

Charitable Organisations.

Pat Rabbitte

Question:

125 Mr. Rabbitte asked the Tánaiste and Minister for Health and Children if she will take steps to ensure that the clinical and financial audits of a facility managed by a charitable organisation (details supplied), which were undertaken by the South Western Area Health Board and completed in February 2004, and which have already been supplied to the charitable organisation, will be published and supplied to the parents and guardians of the residents of the audited facility; if her attention has been drawn to the fact that a discrete financial audit of the charitable organisation itself, commissioned by the South Western Area Health Board in 2003, was apparently abandoned; and the reason it was abandoned. [28647/04]

The publication of the report referred to by the Deputy is a matter for the Eastern Regional Health Authority. My Department has asked the regional chief executive of the authority to investigate this matter and the other issues raised by the Deputy and reply directly to him.

Health Board Services.

Michael Ring

Question:

126 Mr. Ring asked the Tánaiste and Minister for Health and Children the progress that has been made on a project (details supplied) in County Mayo. [28648/04]

As the Deputy will be aware, the provision of health services in County Mayo, is in the first instance, the responsibility of the Western Health Board. I understand from the board that a site has been identified and it is in the process of purchasing same.

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

Medical Cards.

Róisín Shortall

Question:

127 Ms Shortall asked the Tánaiste and Minister for Health and Children the progress to date in meeting the target in the health strategy to clarify and simplify eligibility arrangements in respect of medical card holders in nursing home care; the steps taken to date in respect of providing a clear statutory framework in this area; and if she will make a statement on the matter. [28656/04]

Eligibility for health services in Ireland is primarily based on residency and means. Under the Health Act 1970, determination of eligibility for medical cards is the responsibility of the chief executive officer of the appropriate health board other than for persons aged seventy years and over, who are automatically eligible for a medical card. Medical cards are issued to persons who, in the opinion of the chief executive officer, are unable to provide general practitioner medical and surgical services for themselves and their dependants without undue hardship. 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.

However, central to our system of publicly funded long-term care is the principle that it is fair and reasonable that those who can afford to contribute to the cost of their long stay care should do so. The health strategy reinforces this point and states that

It is recognised that quality care is expensive and that the bulk of the cost of providing a high standard of quality care should be borne by the exchequer. Nonetheless, it is fair that all those in receipt of publicly provided residential long-term care should make some payment towards accommodation and daily living costs, if they can afford to do so, just as they would if they were living in the community. This principle supports the aim to provide as high quality a service as possible and to make the most equitable use of resources and thus to help maximise the availability of these services.

The current position reflects this approach.

Under the Health (Nursing Homes) Act 1990, health boards may pay a subvention to assist a person in meeting the cost of private nursing home care. The Department of Health and Children has established a working group to review the operation and administration of the nursing home subvention scheme.

The health strategy, Quality and Fairness A Health System for You, acknowledges the need to clarify and simplify eligibility arrangements and sets down a commitment to introduce new legislation to provide for the introduction of clear statutory provisions on entitlement and eligibility. A review of all existing legislation in this area has been carried out in my Department which will inform the approach to the drafting of new legislation in this area. As part of this exercise, my Department will attempt to resolve the current differences in approach in the consideration of individuals' ability to pay under the various regulations in this area.

Arising from concerns in relation to the current practice of charging for long-stay care in health board institutions, this matter is being examined having regard to advice from the Office of the Attorney General with a view to clarification of the situation at an early date.

Hospital Staff.

Pádraic McCormack

Question:

128 Mr. McCormack asked the Tánaiste and Minister for Health and Children if she has proposals for establishing here a convertible course similar to the course being run in Liverpool for state enrolled nurses to qualify as state registered nurses (details supplied); and if she will make a statement on the matter. [28668/04]

The state enrolled nurse, SEN, qualification is a United Kingdom qualification which is not recognised in this country. Persons who have obtained this qualification must undertake a nursing conversion programme in the United Kingdom in order to qualify for registration as a nurse. Unfortunately, it is not possible to provide such a programme here because the rules of the United Kingdom regulatory authority for nursing only allow a maximum of 10% of the clinical component of the programme to take place outside the United Kingdom.

There is a grant available from the Department to assist state enrolled nurses, SENs, undertaking nursing conversion programmes in the United Kingdom. Under this initiative any SEN working in the Irish health service who wishes to undertake such a programme will be entitled to receive a non-means-tested grant of €7,618 towards the overall costs, including college fees, textbooks, travel and accommodation, involved in attending the programme in the United Kingdom. Payment of the grants will be subject to the SEN giving a written undertaking that she-he will work as a nurse in the Irish health service following registration with An Bord Altranais.

Property Disposal.

Sean Fleming

Question:

129 Mr. Fleming asked the Tánaiste and Minister for Health and Children if the land at the grounds of a hospital (details supplied) in County Laois will not be sold off in view of the strategic importance of these lands in the centre of Portlaoise and the valuable use that these grounds can be put to for the general health and well being of the community. [28669/04]

I wish to advise the Deputy that following the enactment of the Health (Amendment) Act 2004, the change in legislation now requires health boards to obtain the consent of the Minister for Health and Children before they may sell or otherwise dispose of lands. The Midland Health Board, in accordance with section 15 of the Act, have advised me of some proposals to dispose of land at St. Fintan's Hospital, Portlaoise, which would require my consent. The responsibility for the management and utilisation of the health board estate however still rests with the chief executive officer of the health board.

In that context, the proposals to dispose of lands have been developed by the Midland Health Board in line with the policy and guiding principles set down for the future utilisation of the landbank at St. Fintan's Hospital, and these proposals are currently under consideration within my Department. The Deputy will also be aware that I am concerned that the sale of land or properties in the health area will be applied and used for health purposes, with the exception of contributions to the social and affordable housing initiatives.

Hospital Services.

Sean Fleming

Question:

130 Mr. Fleming asked the Tánaiste and Minister for Health and Children if an application from the Midland Health Board has been received by her for the provision of a CAT scan at Portlaoise General Hospital; and her views on whether the funding can be provided for such an essential facility. [28670/04]

My Department has recently received an application from the Midland Health Board for the provision of a CAT scanner at Portlaoise General Hospital. This is at present being considered by my Department in the light of various capital priorities in line with funding resources available. I expect to be in a position to make a decision on this shortly and my Department will then be in touch with the board on the matter.

Care of the Elderly.

John McGuinness

Question:

131 Mr. McGuinness asked the Tánaiste and Minister for Health and Children the progress being made with the provision of long stay beds for the elderly at St. Canice’s Hospital, Kilkenny; the cost of the first phase of the development; the expected completion date; the estimated cost of the final phase; the projected time-frame; and if she will make a statement on the matter. [28671/04]

As the Deputy is aware, responsibility for the provision of health services in the Kilkenny area rests with the South Eastern Health Board in the first instance. The board submitted to my Department a proposal to develop a 30 bed residential unit and day facility for psychiatry of later life and a 22 bed residential facility for the elderly at St. Canice's Hospital, Kilkenny.

Approval was given to the board to proceed with the project on a phased basis, commencing with the development of the 30 bed unit and day facility at an estimated capital cost of €1.4million. The board has advised that this project has gone to tender and a contractor has been selected. Approval was also given to the board to proceed with the design stages of the development of the long stay unit for older people. The capital costs for this refurbishment are currently estimated at €1.1million. Any decision in relation to progressing this project will be considered by my Department in the context of the significant additional revenue funding and staff which will be required by the board to operate the new unit and having regard to the board's employment ceiling and funding available to my Department.

National Treatment Purchase Fund.

John McGuinness

Question:

132 Mr. McGuinness asked the Tánaiste and Minister for Health and Children if an assessment will be urgently arranged in the case of a person (details supplied) in County Kilkenny; if the matter can be expedited as requested in writing by this person’s general practitioner on two occasions; if this person can be treated under the treatment purchase fund; and if she will make a statement on the matter. [28672/04]

Responsibility for the provision of services for residents of County Kilkenny is, in the first instance, a matter for the South Eastern Health Board. My Department has, therefore, asked the chief executive officer of the South Eastern Health Board to investigate the matter and reply to the Deputy directly.

Departmental Funding.

John McGuinness

Question:

133 Mr. McGuinness asked the Tánaiste and Minister for Health and Children if she will fund directly a proposal submitted from the centre for the care of survivors of torture in Dublin; if each health board will consider funding the proposal should she refuse; and if she will make a statement on the matter. [28673/04]

No request for funding has been received by my Department from the centre for the care of survivors of torture. However, I understand that such a request is being prepared by the organisation.

Services for People with Disabilities.

Jim O'Keeffe

Question:

134 Mr. J. O’Keeffe asked the Tánaiste and Minister for Health and Children the approximate number of persons thought to suffer from Asperger’s syndrome; and the support services that are available for those who have this condition. [28674/04]

Responsibility for the provision of services, including support services for persons suffering from Asperger's syndrome nationwide, is a matter, in the first instance, for either the Eastern Regional Health Authority or one of the seven health boards depending on the individual's address. The information requested by the Deputy is not routinely collected by my Department, the regional chief executive of the authority and the chief executive officers of the health board have therefore been requested to investigate the matter raised by the Deputy and reply directly to him.

Question No. 135 withdrawn.

Cancer Screening Programme.

Breeda Moynihan-Cronin

Question:

136 Ms B. Moynihan-Cronin asked the Tánaiste and Minister for Health and Children the number of cases of breast cancer detected in women in 2003; the percentage of women likely to develop or experience breast cancer during the course of their lives; if the capital funding announced for the roll-out of BreastCheck in the south west will be followed through with current funding; the estimated annual current expenditure for running costs and staffing that will be required to make the service in the south west operational; if this funding will be provided; and if she will make a statement on the matter. [28725/04]

Statistics in relation to cancer incidence, including incidence of breast cancer, are collated by the national cancer registry. There were 1,890 cases of malignant breast cancer in 2000, the latest year for which complete data are available. Preliminary data for 2001, 2002 and 2003 indicate that there were 2,018, 2,232 and 2,088 cases respectively.

The roll-out of the national breast screening programme to the remaining counties is a major priority in the development of cancer services. This will ensure that all women in the 50 to 64 age group throughout the country have access to breast screening and follow up treatment where required. A capital investment of approximately €20 million has been approved to construct and equip two static clinical units, one in Cork and the other in Galway. This investment will also ensure that mobile units are available to screen women in the relevant age group throughout the country. BreastCheck and my Department are fully committed to an expeditious approach to the national roll-out of the programme and representatives have met recently to progress the design process. A design brief will be completed shortly and a selection process for the appointment of a design team will follow.

BreastCheck estimates that the full year revenue costs of the roll-out to the remaining counties will be approximately €15 million. Discussions will take place between BreastCheck and my Department to ensure a timely roll out aligned to the capital investment programme. Any woman, irrespective of her age or residence, who has immediate concerns or symptoms should contact her GP who, where appropriate, will refer her to the symptomatic services in her region.

Post Mortem Examinations.

Pat Breen

Question:

137 Mr. P. Breen asked the Tánaiste and Minister for Health and Children when post mortem results will be released to the family of a deceased person (details supplied) in County Clare; and if she will make a statement on the matter. [28726/04]

I can inform the Deputy that in accordance with the provisions of the Coroners Act 1962, a coroner is a statutory officer exercising judicial or quasi-judicial functions, in relation to which he or she is independent. However, my Department has been informed by the Department of Justice, Equality and Law Reform that a report has recently been received from the State Laboratory by the pathologist who performed the post mortem in the case referred to and it is understood that this will enable the pathologist to complete the post mortem report and forward it to the coroner.

Nursing Home Charges.

Seán Haughey

Question:

138 Mr. Haughey asked the Tánaiste and Minister for Health and Children if, according to recent reports, health boards in some cases have charged for the cost of long-term nursing home care when they should not have done so; if persons with medical cards should not have been charged; if refunds will be paid in these cases; and if she will make a statement on the matter. [28788/04]

Eligibility for health services in Ireland is primarily based on residency and means. Under the Health Act 1970, determination of eligibility for medical cards is the responsibility of the chief executive officer of the appropriate health board other than for persons aged 70 years and over, who are automatically eligible for a medical card. Medical cards are issued to persons who, in the opinion of the chief executive officer, are unable to provide general practitioner medical and surgical services for themselves and their dependants without undue hardship. 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.

However, central to our system of publicly funded long-term care is the principle that it is fair and reasonable that those who can afford to contribute to the cost of their long stay care should do so. The health strategy reinforces this point and states:

It is recognised that quality care is expensive and that the bulk of the cost of providing a high standard of quality care should be borne by the exchequer. Nonetheless, it is fair that all those in receipt of publicly provided residential long-term care should make some payment towards accommodation and daily living costs, if they can afford to do so, just as they would if they were living in the community. This principle supports the aim to provide as high quality a service as possible and to make the most equitable use of resources and thus to help maximise the availability of these services.

The current position reflects this approach.

Under the Health (Nursing Homes) Act 1990, health boards may pay a subvention to assist a person in meeting the cost of private nursing home care. The Department of Health and Children has established a working group to review the operation and administration of the nursing home subvention scheme.

The health strategy, Quality and Fairness — A Health System for You, acknowledges the need to clarify and simplify eligibility arrangements and sets down a commitment to introduce new legislation to provide for the introduction of clear statutory provisions on entitlement and eligibility. A review of all existing legislation in this area has been carried out in my Department which will inform the approach to the drafting of new legislation in this area. As part of this exercise, my Department will be attempting to resolve the current differences in approach in the consideration of individuals' ability to pay under the various regulations in this area.

Arising from concerns in relation to the current practice of charging for long-stay care in health board institutions, this matter is being examined having regard to advice from the Office of the Attorney General with a view to clarification of the situation at an early date.

Departmental Programmes.

Liz McManus

Question:

139 Ms McManus asked the Tánaiste and Minister for Health and Children if, in view of the increase of inflammatory bowel disease in children, she will consider listing it as a notifiable illness; if information leaflets on IBD awareness in children, symptoms and so on, will be supplied to general practitioners and health centres as well as information on Crohn’s disease and ulcerative colitis; and if she will make a statement on the matter. [28790/04]

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.

Notifiable illnesses under the regulations in place only refer to communicable diseases such as TB, hepatitis, meningitis, etc., and this is done for reasons of public health protection from transmission of those diseases. No such consideration would be relevant in the case of irritable bowel disease. My Department has no plans with regard to the preparation or distribution of information leaflets on irritable bowel disease to general practitioners. It is a matter for the GP in consultation with the patient to decide on the most appropriate course of treatment.

Nursing Home Subventions.

Bernard Allen

Question:

140 Mr. Allen asked the Tánaiste and Minister for Health and Children the reason a person (details supplied) in County Cork is only receiving €80.71 per week subvention from 30 July 2004; and if the law will be applied in their case and the full fee for the nursing home paid. [28792/04]

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

National Treatment Purchase Fund.

Michael Ring

Question:

141 Mr. Ring asked the Tánaiste and Minister for Health and Children if the State will pay for a person (details supplied) with a serious illness to obtain treatment outside this country; and if there is a scheme within the health boards or her Department by which persons can make applications for funding. [28793/04]

The position is that it is a matter for the health board to determine if the treatment is to be authorised in such circumstances as described by the Deputy. EU Regulations 1408/71 and 574/72 set out the general position for EU-EEA citizens with regard to their health care entitlements in another member state or Switzerland. The regulations outline that persons covered — in Ireland, persons ordinarily resident — are entitled to health care through the public system of another EU-EEA country or Switzerland as though he or she were a resident or insured person of that country where such care becomes necessary during a temporary stay in that country, taking into account the nature of the care and the expected length of stay.

In instances where a person not travelling requires specific necessary treatment, which is not available in the country in which he or she resides, the local health authority may make arrangements to send him or her to another EU member state for treatment under the E112 liaison agreement. Public health care systems vary from country to country such that co-payments may be required in some countries, which are not reimbursable, while health service provision is subject to the same restraints of capacity etc. as for ordinary residents.

In Ireland, the form E112 as issued by a health board, may cover such cases requiring necessary treatment. It is essential for the health board to establish that the patient's requirements cannot be met locally or in any other centre within the State prior to issuing the form. Where an individual requires specific treatment which is necessary and which is not available in Ireland, a health board may authorise the provision of treatment in another member state.

Before any patient is referred abroad for treatment a health board ensures that the following procedures are adhered to: the application to refer a patient abroad must be assessed before the patient goes abroad except in cases of extreme urgency; medical evidence must be provided by a hospital consultant giving details of the condition from which the patient suffers and of the type of treatment envisaged; it must be certified by the consultant that the treatment is not available in this country, there is an urgent medical necessity for the treatment, there is a reasonable medical prognosis, the treatment is regarded as a proven form of medical treatment and the treatment abroad is in a recognised hospital or other institution and is under the control of a registered medical practitioner.

In normal circumstances, it is a matter for the local health board to determine if such treatment is to be authorised. The issue of the E112 form involves a commitment by the health board to pay the cost of treatment. In issuing the form the health board should specify the nature and extent of treatment to be covered. In the case where a person's E112 application has been approved a health board may provide assistance towards the cost of travel and subsistence expenses. The decision in relation to the provision of such assistance is a matter for the relevant health board.

Arrangements which are made privately for the treatment of a patient in any country abroad, must be regarded as outside the terms of the EU regulations and health boards have no obligation to meet any part of the cost involved. In the first instance the individual concerned should be advised to contact their local health board for further advice and guidance on this matter, and in order not to delay a decision on their optimum treatment.

Hospital Accommodation.

Joe Sherlock

Question:

142 Mr. Sherlock asked the Tánaiste and Minister for Health and Children the position regarding additional beds for the elderly at a hospital (details supplied) in County Cork; and if she will make a statement on the matter. [28794/04]

As the Deputy is aware, responsibility for the provision of health services in the Cork area rests with the Southern Health Board in the first instance. A design team comprising representatives of the board and my Department has been appointed for this project and it is proceeding with the detailed design of phase 2 of the development. The development will consist of a new 30 bed unit to replace existing patient accommodation at the hospital and ensure that the environment for both patients and staff is improved.

Joe Sherlock

Question:

143 Mr. Sherlock asked the Tánaiste and Minister for Health and Children the position regarding additional beds for the elderly at a hospital (details supplied) in County Cork; and if she will make a statement on the matter. [28795/04]

I assume that the Deputy is referring to the proposed 50 bed community nursing unit, CNU, at Mount Alvernia Hospital, Mallow, which is one of the locations identified by the Southern Health Board, SHB, for the pilot public private partnership, PPP, project. The CNU will provide respite, convalescence, long stay and rehabilitation services, to elderly patients in the north Cork area.

It is a priority to increase the availability of community nursing and other units that would meet the needs of people who need care that could not be adequately provided at home. There have been discussions between my Department and the Department of Finance in the development of this PPP scheme, as is normal and entirely appropriate with a PPP project. As PPPs are complex schemes it is important to have a clear view of the benefits that will accrue given the complexity of the PPP contracting structure. The work that has been done so far has helped to clarify a number of issues. I intend to examine this project in detail very soon. The proposed facility will greatly help people make the transition from an acute hospital setting to care matched to their needs.

Birth Rates.

Breeda Moynihan-Cronin

Question:

144 Ms B. Moynihan-Cronin asked the Tánaiste and Minister for Health and Children the number of births at Kerry General Hospital each year between 1994 and 2003. [28798/04]

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

Kerry General Hospital: Number of Live Births 1994 to 2003.

Year

Number

1994

1,010

1995

964

1996

1,080

1997

1,153

1998

1,132

1999

1,152

2000

1,174

2001

1,248

2002

1,449

2003

1,446

Disabled Drivers.

Bernard Allen

Question:

145 Mr. Allen asked the Tánaiste and Minister for Health and Children when a decision will be made on an application made by a person (details supplied) in County Cork. [28800/04]

The medical assessment for the purpose of the disabled drivers and disabled passengers (tax concessions) scheme is carried out by the senior area medical officer in the relevant health board. This function is to assist the Department of Finance who have statutory responsibility for the disabled drivers and disabled passengers (tax concessions) scheme. Accordingly, my Department has asked the chief executive officer, Southern Health Board, to investigate this case and reply directly to the Deputy as a matter of urgency.

Question No. 146 withdrawn.

Hospital Procedures.

Michael Ring

Question:

147 Mr. Ring asked the Tánaiste and Minister for Health and Children if a person (details supplied) in County Mayo has been called to Merlin Park Hospital in Galway for a hip operation; if not, the reason therefore. [28863/04]

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

Accident and Emergency Services.

Willie Penrose

Question:

148 Mr. Penrose asked the Tánaiste and Minister for Health and Children the various charges that persons who are not medical card holders have to pay in the event of their having to attend an accident and emergency unit of a hospital; the amount they would have to pay if they were admitted into the hospital ward; and if she will make a statement on the matter. [28864/04]

Entitlement to health services in Ireland is primarily based on residency and means rather than income. Any person who is accepted by the health boards as being ordinarily resident in Ireland is entitled to either full eligibility — category 1, that is, medical card holders — or limited eligibility — category 2 — for health services. Persons in category 1 are medical card holders and are entitled to a full range of services including all outpatient public hospital services without charge. Persons in category 2 are those who do not hold medical cards, and they are entitled, subject to certain charges, to outpatient public hospital services including consultants services.

With regard to an attendance at accident and emergency departments, the Health (Out-Patient Charges) (Amendment) Regulations 2002, provide for a statutory charge of €45 per visit. This charge is levied only on persons who attend at accident and emergency departments without a referral note from their doctor and applies only for the first visit of any episode of care. Other than this charge which refers only to visits to an accident and emergency department, there are no other charges for public patients attending outpatient public hospital clinics.

There are a number of people who are exempt from this charge, including medical card holders, women receiving services in respect of motherhood, children up to the age of six weeks, children referred for treatment from child health clinics and school health examinations and persons whose attendance results in admission as an inpatient. Also exempt from these charges, in respect of treatment for the particular condition, are children suffering from prescribed diseases, i.e. mental handicap, mental illness, phenylketonuria, cystic fibrosis, spina bifida, hydrocephalus, haemophilia and cerebral palsy.

On admission, a person is designated an in-patient and charges are applicable subject to eligibility status. The Health (In-Patient Charges) Regulations 1987, specify categories of persons exempted from public hospital statutory in-patient charges, which currently stand at €45 per night up to a maximum of €450 in any 12 consecutive months for those with category 2 eligibility status — that is, non-medical card holders. Persons with category 1 eligibility status, i.e. those covered by the medical card scheme, are amongst the categories exempted.

As with the accident and emergency charge, the 1987 regulations provide that, pursuant to section 45 (7) of the Health Act 1970, a person may also be exempted from public hospital charges on hardship grounds if deemed so by the chief executive officer of a health board. Alternatively, one can opt to be the private patient of both the consultant and the hospital. Any patient, whether a medical card holder or not, who opts for treatment in a private hospital or as a private patient in a public hospital is liable for the costs relating to such treatment. Charges set by my Department in respect of private and semi-private rooms in public hospitals are additional to the statutory inpatient charge and are a contribution towards overall hospital running costs. These charges, effective from 1 January 2004, are outlined in the table below.

Hospital Category

Private Accommodation

Semi-Private Accommodation

Day-care

Health Board Regional Hospitals Voluntary and Joint Board Teaching Hospitals

401

314

289

Health Board County Hospitals Voluntary Non-Teaching Hospitals

334

269

239

Health Board District Hospitals

179

153

133

Where exemptions do not apply, the public charge may be waived if, in the opinion of the chief executive officer of the appropriate health board, payment would cause undue hardship. Under the Health Act, 1970, the determination of eligibility for health services is primarily the responsibility of the chief executive officer of the appropriate health board.

Health Board Allowances.

Pat Breen

Question:

149 Mr. P. Breen asked the Tánaiste and Minister for Health and Children the position regarding a mobility allowance for a person (details supplied) in County Clare; and if she will make a statement on the matter. [28865/04]

The assessment of entitlement to and payment of the mobility allowance in any individual case is a matter for the relevant health board. My Department has therefore asked the chief executive officer, Mid-Western Health Board, to investigate the issues raised by the Deputy and reply directly to him as a matter of extreme urgency.

Health Board Building Projects.

Richard Bruton

Question:

150 Mr. R. Bruton asked the Tánaiste and Minister for Health and Children her plans to relocate the 230 residents of a service (details supplied) in County Dublin; if the proposals which involve separate developments on the grounds of sites (details supplied) are still actively being developed; and when she expects each of these proposals to commence. [28866/04]

The location and construction of the developments referred to by the Deputy is a matter for the Eastern Regional Health Authority. My Department has asked the regional chief executive of the authority to investigate the matter raised by the Deputy and reply directly to him.

Health Board Services.

Finian McGrath

Question:

151 Mr. F. McGrath asked the Tánaiste and Minister for Health and Children if a person (details supplied) in Dublin 5 will be given the maximum support and assistance when leaving hospital; and the position regarding the case of this person. [28867/04]

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.

Health Board Staff.

John Perry

Question:

152 Mr. Perry asked the Tánaiste and Minister for Health and Children the number of persons that are on panels in the NWHB; the length of time they are on these panels without being appointed to their substantive posts in view of the fact that the NWHB will no longer exist at the end of 2004 with some employees very anxious that they are being used to do the work of a higher grade but may not get appointed to that grade; and if she will make a statement on the matter. [28944/04]

Responsibility for recruitment of personnel rests in this instance with the North Western Health Board. My Department has therefore asked the chief executive officer to investigate the matters raised by the Deputy and reply to him directly.

Nursing Home Subventions.

Paul McGrath

Question:

153 Mr. P. McGrath asked the Tánaiste and Minister for Health and Children the progress of the working group who are reviewing the operation and administration of the nursing home subvention scheme; the progress made to date in relation to this report; and when it is expected that the final report will be published. [29013/04]

The review is taking into account issues arising from the interpretation of certain aspects of the 1990 Act and the subvention regulations which have arisen over the years, the Ombudsman's comments on the operation of the nursing home subvention scheme, the recommendations in the O'Shea and Mercer reports, and the views of clients and service providers on the operation of the nursing home subvention scheme.

The aims and objectives of the review are to recommend any changes necessary in the light of Professor O'Shea's recommendations; to make recommendations on an equitable means assessment test for subvention; to make recommendations on the development of a standardised dependency test; to examine alternative care settings such as home care and to make recommendations for the funding of such care settings as an alternative to long-term residential care; to make recommendations on the development and implementation of quality care standards in institutional settings; to make recommendations on such other matters as the group considers appropriate within the broad parameters of its mandate; and the ultimate aim of the review will be the development of a system which will be transparent, provide equity, be less discretionary and financially sustainable.

The review group has been working for a number of months and is comprised of a wide variety of stakeholders representing the many and varied interests associated with long-term care. These include Departments, health agencies, voluntary and professional groups and the private nursing home sector. The group has been hearing submissions from interested parties and has also benefited from hearing presentations from the authors of the above mentioned reports. Most recently, the group has been considering issues such as the broad principles which should underpin any revisions to the nursing home subvention scheme as well as the themes on which it might be possible to make progress in the short or longer term. One of the key matters to be discussed and considered will be the need to maintain synergy between the group's work and deliberations elsewhere in relation to the Mercer report. For these reasons it is not possible at this stage to be precise about the date on which the group will report.

Child Care Services.

Seán Crowe

Question:

154 Mr. Crowe asked the Tánaiste and Minister for Health and Children if she intends to provide funding to a centre (details supplied) in order that the Realtin scheme, which provides care and support to school going children of troubled families in the area, can be maintained; and if she will make a statement on the matter. [29014/04]

Funding for services of the type referred to by the Deputy is a matter for the Eastern Regional Health Authority and the relevant health board — in this case the South Western Area Health Board. I understand from the area board that a grant is currently in place for the centre. The centre should liaise with the Area Board in relation to the continuation of this funding.

Clinical Indemnity Scheme.

Bernard Allen

Question:

155 Mr. Allen asked the Tánaiste and Minister for Health and Children the way in which she will implement the promise given recently that no hospital consultant will be without insurance cover and no patient without redress. [29015/04]

The precise means whereby claims alleging medical malpractice on the part of consultants who may be left without assistance by the Medical Defence Union will be managed is currently the subject of discussions between my Department, the Office of the Attorney General and the Office of the Chief State Solicitor.

During my recent attendance at the Irish Hospital Consultants Association annual conference I assured members that arising out of the situation with the Medical Defence Union and cover for historic liabilities of consultants, in particular obstetric claims, no Irish person who has suffered from a medical mishap would be left without compensation and no consultant would be left without cover in all reasonable circumstances and in accordance with law. This is the principle guiding the Governments' approach to the MDU's entirely unjustified withdrawal of cover for obstetricians for liabilities before 1 February 2004.

Suicide Incidence.

Bernard Allen

Question:

156 Mr. Allen asked the Tánaiste and Minister for Health and Children if she proposes to increase funding for localised research on suicide in order to improve the effectiveness of suicide prevention strategies. [29016/04]

Since the publication of the report of the national task force on suicide in 1998, my Department has given special attention to the resourcing of suicide prevention initiatives. A cumulative total of more than €17.5 million has now been provided towards suicide prevention programmes and for research activity at local and national level involving various agencies including the health boards, the national suicide review group, the Irish Association of Suicidology and the National Suicide Research Foundation. Further resourcing of suicide prevention initiatives will be considered in the context of the Estimates process for 2005.

As the Deputy may be aware, work is now well underway on the preparation of a strategic action plan for suicide reduction which involves the Health Boards Executive in partnership with the national suicide review group and supported by the Department of Health and Children. This strategy, which will be based on extensive national and international consultation and evidence based research, will build on existing policy and on the recommendations contained in the report of the national task force. All measures aimed at reducing the number of deaths by suicide will be considered in the preparation of this strategy, which will be completed in 2005.

Clinical Indemnity Scheme.

Bernard Allen

Question:

157 Mr. Allen asked the Tánaiste and Minister for Health and Children the number of claims presently before the State Claims Agency; and the number that relate to allegations that a patient fatality was the result of a medical error. [29017/04]

The State Claims Agency which operates the clinical indemnity scheme on behalf of my Department is currently managing 763 claims under the scheme. While it is feasible to identify claims initiated by the relatives of patients who have died, it is not possible to determine the contribution, if any, of alleged negligence to the death until the claim is disposed of by way of settlement or court judgement.

Medicinal Products.

Bernard Allen

Question:

158 Mr. Allen asked the Tánaiste and Minister for Health and Children if she will make a statement on the matter of concerns in relation to a drug (details supplied) that were identified at a meeting in Tunisia in 2002; if her attention has been drawn to these concerns; and the actions that were taken. [29018/04]

The safety of this product has been closely monitored, both nationally and at European level, since its first authorisation in the EU in 1999. The potential for the development of cardiovascular adverse effects has been known for some time and these effects were highlighted in the patient information leaflet that accompanied the product. On 1 October 2004, the manufacturer voluntarily withdrew the product from the market worldwide: this withdrawal was undertaken on the basis of data from one new clinical trial which indicated that refecoxib, the active ingredient in the product, was associated with an increased risk of cardiovascular side effects. The Irish Medicines Board, in conjunction with the company concerned, notified health care professionals in this country and co-ordinated the recall of stocks.

Hospitals Building Programme.

Bernard Allen

Question:

159 Mr. Allen asked the Tánaiste and Minister for Health and Children the number of primary care buildings funded by her to date under the primary care strategy. [29019/04]

The primary care strategy, Primary Care, A New Direction, recognises that the provision of modern, well-equipped, accessible premises will be central to the effective functioning of the integrated multidisciplinary primary care team and network model as envisaged in the strategy. A range of different approaches to the financing and provision of these facilities will be explored in the course of implementing the new model of service provision.

Capital funding has been provided under the strategy to facilitate the provision of appropriate facilities for the initial ten primary care teams approved in October 2002. In 2004 capital funding of €450,000 has been provided to the Southern Health Board to enable the construction of a new primary care centre in Annascaul, County Kerry. Along with existing centres in Dingle and Castlegregory, this centre will be one of three premises delivering services as part of the west Kerry primary care team. The provision of a primary care centre in this instance is being financed jointly by the State and the general practitioner who will operate from the centre. The provision of the new centre will enable additional services to be delivered in a single centre and will assist in the delivery of integrated services to the population in this area.

Capital funding of €275,000 has been provided to the East Coast Area Health Board in 2004 for the provision of a new high specification modular unit adjacent to the health centre in Castle Park for the Arklow primary care team. The provision of this new unit will enable health board-employed members of the team to be based in a single centre. This will assist in the delivery of integrated services to the population in this area.

Further capital funding has been provided for premises renovation, refurbishment and equipping for the initial primary care teams. In 2002, minor capital funding totalling €2 million was provided across the ten locations for this purpose. This included renovation by the South Western Area Health Board of an existing building on the site of the Meath Hospital which now accommodates the Liberties primary care team.

One of the Government's key objectives is to facilitate and encourage the development, where appropriate, of modern, well-equipped, user-friendly buildings in which the broad range of primary care services can be delivered and to fully exploit any opportunities for public-private partnerships in implementing the development programme. I am committed to developing policy in such a way as to maximise the opportunities to attract private sector interests into the provision of facilities to support delivery of primary care service in accordance with the new interdisciplinary model.

Legislative Programme.

Bernard Allen

Question:

160 Mr. Allen asked the Tánaiste and Minister for Health and Children if she has received a communication from the Medical Council expressing concerns over the resources needed to implement the proposed changes to the Medical Practitioners Act and the holding of fitness to practice hearings in public; and if she will make a statement on the matter. [29020/04]

Officials from my Department have met the Medical Council on many occasions to discuss a broad range of issues relating to the preparation of the general scheme of the new Medical Practitioners Bill. In recent weeks, a further meeting took place in order to update the council on progress in relation to the drafting of the Bill and on future consultations with the council on the development of the Bill's provisions. Contact between my Department and the council will continue on a regular basis during the drafting process.

The president of the council has recently written to me regarding the current work of the council and the future system of regulation of the medical profession in Ireland. I have arranged to meet with a delegation from the council on Thursday, 25 November and I expect that the issues raised in the Deputy's question will be among the topics for discussion.

National Treatment Purchase Fund.

Michael Lowry

Question:

161 Mr. Lowry asked the Tánaiste and Minister for Health and Children the average cost of patient treatment under the national treatment purchase fund; the way in which this compares with patient care administered in the normal manner; the average cost of treatment and the total cost of treatment received to date by residents of north Tipperary; and if she will make a statement on the matter. [29079/04]

Michael Lowry

Question:

162 Mr. Lowry asked the Tánaiste and Minister for Health and Children the current state of waiting lists and the uptake of the national treatment purchase fund including detailed levels of usage; the number of persons that have been treated in north Tipperary; the number in north Tipperary that are still on waiting lists; and if she will make a statement on the matter. [29080/04]

I propose to answer Questions Nos. 161 and 162 together.

Responsibility for the collection and reporting of waiting lists and waiting times now falls within the remit of the national treatment purchase fund, NTPF. My Department has, therefore, asked the acting chief executive of the NTPF to reply to the Deputy directly with the information requested.

Health Board Services.

Liz McManus

Question:

163 Ms McManus asked the Tánaiste and Minister for Health and Children her views on whether a patient who has been referred by their dentist to the dental hospital in a case in which the dentist deems it necessary for the person to receive specialist intervention, sometimes urgently, should have the facility to be treated in an accident and emergency clinic at the dental hospital; and if she will make a statement on the matter. [29081/04]

Responsibility for the provision of dental services to eligible persons is a matter for the health boards or authority in the first instance. The Eastern Regional Health Authority has raised the matter with the Dublin Dental Hospital and is advised that the accident and emergency department in the Dublin Dental Hospital operates on a triage basis. This year to the end of September 2004, 15,409 patients have been seen by accident and emergency staff, of which 11,626 have received treatment. The remaining patients were referred to their own general dental practitioner. The dental hospital has emphasised that its accident and emergency service is for the treatment of pain relief, serious infection, visible swelling in and around the mouth, injuries — as a result of trauma or accident — bleeding or haemorrhage.

The authority is further advised that where a dentist feels a specialist referral is necessary and urgent, he or she is best advised to both telephone the appropriate specialist or consultant in the dental hospital, discuss the case and forward a letter outlining the particulars with the patient to the hospital. Such cases will be addressed by the appropriate consultant on the basis of need and urgency. The Dublin Dental Hospital points out that it cannot accept specialist referrals to its accident and emergency service as that department can only accommodate pain relief, serious infection, visible swelling in and around the mouth, injuries — as a result of trauma or accident — bleeding or haemorrhage.

The authority understands that urgent specialist referrals in oral and maxillofacial surgery, oral surgery, oral medicine, paediatric dentistry, etc., will be addressed by consultants in these areas separately to the accident and emergency service within the dental hospital. The Deputy should be aware that the authority regularly meets with the Dublin Dental Hospital to discuss issues such as the operation of its accident and emergency service and other services.

Health Board Staff.

Jack Wall

Question:

164 Mr. Wall asked the Tánaiste and Minister for Health and Children if the SWAHB has met all of its obligations in regard to outstanding or other payments to a person (details supplied) in County Kildare in relation to the change of job description, subsequent rates of pay and pension rights; and if she will make a statement on the matter. [29082/04]

Responsibility for the implementation of pay scales and related personnel issues rests in this instance with the Eastern Regional Health Authority. My Department has therefore asked the regional chief executive of the authority to investigate the matters raised by the Deputy and reply to him directly.

Medical Assessment Review.

John McGuinness

Question:

165 Mr. McGuinness asked the Tánaiste and Minister for Health and Children the status of the Comhairle report on medical assessment units; if the report will be published and debated by Dáil Éireann; and if she will make a statement on the matter. [29097/04]

The Comhairle na nOspidéal report on acute medical units has been completed. The report has been published by Comhairle na nOspidéal and is available to the public from today.

Cancer Incidence.

Fergus O'Dowd

Question:

166 Mr. O’Dowd asked the Tánaiste and Minister for Health and Children the action she intends to take to reduce the unacceptably high risk of contracting cancer in County Louth as revealed in a recent NEHB health report; and if she will make a statement on the matter. [29098/04]

The report, Cancer in County Louth, prepared by the national cancer registry, concludes that the excess risk of cancer in County Louth appears to be due to a small number of risk factors such as smoking, diet and sun-exposure. There is no evidence according to the report that residence in County Louth is in itself an independent risk factor for cancer.

The information in the report covers periods between 1994 to 2001. Significant developments in cancer services have taken place in recent years. In the north eastern region, additional cumulative funding of approximately €28 million has been made available since 1997 for the development of treatment and care services for patients suffering from cancer. This funding has enabled the appointment of an additional ten consultants, together with support staff in key areas such as medical oncology, haematology, breast surgery and palliative care. The funding has also enabled the appointment of an additional 20 cancer care nurse specialists across the region.

Smoking is a causative factor in the majority of lung cancer deaths and my Department continues to tackle this problem through legislative, environmental and health promotion measures. Smoking tends to be most prevalent in urban and particularly deprived urban areas. The prohibition of smoking in all places of work, which was introduced earlier this year, will help protect the health and safety of workers and the public from the toxic affect of tobacco smoke and is expected to have a significant impact on the incidences of lung cancer in the coming years.

There is strong evidence that diet and obesity increase the risk of developing chronic health conditions including some forms of cancer. In response to this the national task force on obesity was established by my Department. The task force is charged with addressing this serious issue as a matter of priority and will develop a strategy which aims to impact positively on the health of people throughout the country.

Medical Negligence.

Aengus Ó Snodaigh

Question:

167 Aengus Ó Snodaigh asked the Tánaiste and Minister for Health and Children the details of the guidelines for making a complaint of negligence to the Medical Council; the number of cases dealt with each year for the past ten years; the number which resulted in favour of the petitioner; and if there are other complaint mechanisms available to persons who have suffered medical neglect. [29099/04]

Under the Medical Practitioners Act 1978, the Medical Council was established as the body with the statutory responsibility for the registration of medical practitioners in Ireland and the regulation of their professional activities. Pursuant to Part V of the Act, the Medical Council, through its fitness to practise committee, considers complaints against registered medical practitioners on the grounds of alleged professional misconduct or fitness to engage in the practice of medicine by reason of physical or mental disability.

I am informed by the Medical Council, that if any individual chooses to make a complaint, he or she should write to the professional standards section of the council stating the name and address of the doctor concerned and giving full details of the complaint. Information on how complaints are handled and the procedures followed by the Medical Council on receipt of a complaint are sent out in leaflet form with all acknowledgements to complaints. The details are also available on the council's website, www.medicalcouncil.ie.

The fitness to practise committee considers any complaints received. If the committee considers that a prima facie case exists, an inquiry is held pursuant to section 45(3) of the Medical Practitioners Act. On completion of the inquiry, if the committee makes a finding of professional misconduct and-or unfitness to practise medicine by reason of physical or mental disability, the sanctions available to the Council are: erasure of the practitioner’s name from the register; suspension of registration for a specified period; attachment of conditions to registration; and the issue of advice, admonishment or censure to the medical practitioner.

The Medical Council has informed me that since 1994, 175 inquiries have been held. Of this number, 106 findings of professional misconduct and-or unfitness to engage in the practice of medicine by reason of mental or physical disability were made. This resulted in 35 erasures from the register, 38 cases where conditions were attached to registration and 33 cases where the medical practitioner was advised, admonished or censured by the council. More detailed statistics on the number of cases which have been considered from 1994 to date are contained in the table attached.

It should be noted, however, that in no case is the fitness to practise committee empowered to make a finding in favour of the complainant. The committee may only consider the professional conduct or fitness to practise by reason of physical or mental disability of the particular medical practitioner, and, if such person is found guilty, the council may apply a sanction as detailed above. The Medical Council is not responsible for the consideration of complaints concerning professional or medical negligence. It is, however, open to any individual patient to pursue such a complaint of negligence through the courts, if he or she so wishes.

A significant amendment to the Medical Practitioners Act is currently being drafted in my Department with the assistance of parliamentary counsel. Among the changes proposed in the new Medical Practitioners Bill are measures to improve the efficiency of the fitness to practise process. In addition, provisions to ensure that the complainant is kept fully informed at all stages are planned, along with other changes which should assist the council in performing its functions in the most effective way.

Ministerial Appointments.

Bernard J. Durkan

Question:

168 Mr. Durkan asked the Tánaiste and Minister for Health and Children if any new advisers or consultants have been appointed by her since the Government reshuffle of September 2004; if such appointments are replacements for or are in addition to previous appointments; the salary and terms of employment in each case; and if she will make a statement on the matter. [29117/04]

I have appointed one additional adviser with effect from 29 September 2004. The rate of pay for this adviser is €107,102 per annum. The appointment is to a temporary unestablished position in the Department and will terminate not later than the date on which I will cease to hold office as Tánaiste and Minister for Health and Children.

Medical Cards.

Bernard J. Durkan

Question:

169 Mr. Durkan asked the Tánaiste and Minister for Health and Children when a medical card will be reinstated to a person (details supplied) in County Kildare; and if she will make a statement on the matter. [29142/04]

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

Health Board Services.

Richard Bruton

Question:

170 Mr. R. Bruton asked the Tánaiste and Minister for Health and Children if she has plans to allow additional funds to be allocated through the North Eastern Health Board for a hospital (details supplied) in County Meath in order that increased supervision of the patients can take place to ensure additional care and to alleviate the night-time care of same; if this will include funding for closed circuit television within the hospital and additional night-time nursing care; and if she will make a statement on the matter. [29173/04]

The Deputy will appreciate that I cannot at this stage give specific commitments in relation to level of expenditure in 2005 for any particular service as these matters will be decided as part of the discussions on the Estimates and budget for that year between my Department and the Department of Finance.

Michael Ring

Question:

171 Mr. Ring asked the Tánaiste and Minister for Health and Children the reason information was not given by the Western Health Board in response to Parliamentary Question No. 144 of 9 November 2004. [29238/04]

In relation to Parliamentary Question No. 144 of 9 November 2004, the Western Health Board has advised my Department that it wrote to the Deputy on 8 November 2004 in relation to the particular case raised by him. The board has further advised my Department that as client files are confidential it can only notify clients or their next of kin of the outcome of meetings pertaining to the client's case for confidentiality reasons.

Damien English

Question:

172 Mr. English asked the Tánaiste and Minister for Health and Children when a person (details supplied) in County Meath will receive speech and language therapy; the reason they have been waiting for two years; and if she will make a statement on the matter. [29239/04]

The provision of health services, including speech and language therapy, to people with a physical and-or sensory disability rests with the Eastern Regional Health Authority and the health boards in the first instance. Accordingly, the Deputy's question has been referred to the chief executive officer of the North Eastern Health Board with a request that he examine the matter raised and reply directly to him, as a matter of urgency.

Fireworks Injuries.

Paul Kehoe

Question:

173 Mr. Kehoe asked the Tánaiste and Minister for Health and Children the number of persons who have been treated for injuries as a result of fireworks during the eight years since 1996; the breakdown of the figures in terms of age profile and the county origins of the persons injured; and the type of injuries sustained. [29253/04]

The information requested by the Deputy is set out in the tables below. Data are derived from the hospital inpatient enquiry, HIPE, system which records information on each episode of hospitalisation in publicly funded acute hospitals. The primary aim of HIPE is to provide measures of hospital activity for specific diagnostic and procedure categories. There is provision in HIPE for coding of underlying external causes of types of injuries, such as fireworks, but this information may not always be available to the coder and significant under-reporting is therefore possible. National statistics are not available on injuries from fireworks which do not result in hospitalisation.

Table 1 provides figures for each year from 1996 to 2003 and separately for Dublin residents and the rest of the country. Numbers of cases are too small to provide a breakdown by individual county of residence. Table 2 shows an age and gender breakdown for all years combined. Over 70% of injuries are to males under the age of 20. Table 3, again for all years combined, indicates the principal types of injuries sustained. Over 40% of all principal diagnoses are burn injuries.

Table 1: Hospitalisations due to accidents involving fireworks — 1996 to 2003.

Area of Residence

Year

Dublin

Rest of Ireland

Total

1996

16

11

27

1997

1

5

6

1998

4

6

10

1999

1

2

3

2000

4

7

11

2001

13

9

22

2002

6

3

9

2003

14

12

26

Total

59

55

114

Table 2: All hospitalisations due to accidents involving fireworks 1996 to 2003 by age group and gender.

Age Group

Male

Female

Total

0 — 9 Years

19

3

22

10 — 19 Years

63

8

71

20 — 29 Years

8

2

10

30+ Years

9

2

11

All Ages

99

15

114

Table 3: Types of injuries from fireworks 1996 to 2003.

Injury

Number

Burns of Face/Neck/Head

19

Burns of Wrist/Hand

18

Burns of Eye & Adnexa

7

All Other Burns

6

Open Wound of Upper Limb

20

Open Wound of Head, Neck & Trunk

8

Fractures

8

Contusion with Intact Skin Surface

9

Other Injuries

19

Total

114

Source: Hospital in-patient inquiry, HIPE, 1996-2003.

Notes: Data refer to patients with an external cause code of ICD-9-CM E923.0 — accidents caused by fireworks. Types of injuries refer to the principal diagnosis only.

Question No. 174 answered with QuestionNo. 118.

Community Care.

Emmet Stagg

Question:

175 Mr. Stagg asked the Tánaiste and Minister for Health and Children if the full complement of beds are in use at the Maynooth community care unit; if not, the number in use; the reason for the delay in bringing the unit to full capacity; and if she will make a statement on the matter. [29303/04]

As the Deputy will be aware, the provision of health services in the Kildare area is a matter for the South Western Area Health Board acting under the aegis of the Eastern Regional Health Authority in the first instance. The authority has advised my Department that following recruitment of staff, an additional six beds have been opened at the Maynooth community nursing unit giving a current total bed complement of 36 beds currently in use. The authority has further advised that the process for recruiting additional nurses is still underway, that additional beds will be opened at the unit as soon as sufficient staff are in place and that there will be a total bed complement of 44 beds when all the additional staff have been recruited.

Hospital Staff.

Mary Upton

Question:

176 Dr. Upton asked the Tánaiste and Minister for Health and Children the position regarding the application to register with the nursing board by a person (details supplied) in Dublin 12. [29404/04]

The registration and regulation of the nursing profession in Ireland is the statutory responsibility of An Bord Altranais. However, I have made inquiries with An Bord Altranais and have been informed that a letter issued to the individual concerned on 13 August advising that documentation was outstanding on the application. An Bord Altranais will assess the application on receipt of all documents listed in their correspondence of 13 August 2004.

Health Board Services.

David Stanton

Question:

177 Mr. Stanton asked the Tánaiste and Minister for Health and Children when she intends to introduce the national standards for disability services; if she will commit funding for the application of these standards (details supplied) in 2004; and if she will make a statement on the matter. [29410/04]

The draft national standards for disability services were recently received from the National Disability Authority and are currently under consideration by the Department, within the framework of the health services reform programme.

Paul Kehoe

Question:

178 Mr. Kehoe asked the Tánaiste and Minister for Health and Children when she will sell lands adjoining hospitals across the country; the areas the proceeds will go towards; and if the proceeds will remain in each county. [29411/04]

The Deputy will be aware that following the enactment of the Health (Amendment) Act 2004, my consent is now required before health boards can sell or otherwise dispose of lands. The responsibility for the management and utilisation of the health board estate, including lands adjoining State hospitals, is however still vested in the chief executive officer of the health board.

Earlier this year, following requests from my Department, health boards provided some information regarding plans or proposals they have to dispose of lands between now and the coming into force of the new Health Service Executive. The information received from the health boards in relation to these proposed disposals are currently being examined by my Department.

The Deputy will be aware that I am concerned that the proceeds from the sale of any particular land or properties in the health area will be applied and used for health purposes, with the exception of contributions of land to the social and affordable housing initiatives. In addition I am concerned that we now establish the extent of the total surplus land and properties available in the health service and this will require a professional assessment and evaluation of the entire health estate to be performed. In the context of future decisions regarding the locations where sales proceeds may be re-invested or applied, it would be inappropriate to make predictions on such matters in advance of that evaluation exercise.

Freedom of Information.

Aengus Ó Snodaigh

Question:

179 Aengus Ó Snodaigh asked the Tánaiste and Minister for Health and Children when the Medical Council will be included under the Freedom of Information Act; the reason for the delay in including the Medical Council under the Act; and if she will make a statement on the matter. [29413/04]

It is planned that the Medical Council will be included under the Freedom of Information Act on the occasion of the next substantial extension of the Act within the health sector. Preparations are in hand with a view to extending the Act to a number of additional health bodies early in 2005, including the Medical Council.

Health Board Services.

Gay Mitchell

Question:

180 Mr. G. Mitchell asked the Tánaiste and Minister for Health and Children if the SWAHB will provide dental treatment urgently for a person (details supplied) in Dublin 12; if the SWAHB cannot provide this service, if the hospital payment fund will be made available in this case; and if she will make a statement on the matter. [29414/04]

Responsibility for the provision of dental treatment to eligible persons in Dublin 12 rests with the Eastern Regional Health Authority. My Department has asked the regional chief executive to investigate the matter raised by the Deputy and to reply to him directly.

Michael Ring

Question:

181 Mr. Ring asked the Tánaiste and Minister for Health and Children the reason information promised in reply to Parliamentary Question No. 861 of 29 September 2004 has not yet been supplied by the Western Health Board; and when this information will be provided. [29415/04]

Due to problems experienced by the Western Health Board with their computer system, all of the information requested by the Deputy was not easily accessible. The board has advised my Department that it is in the process of securing the information and it will be forwarded to the Deputy upon receipt.

Health Board Staff.

John Deasy

Question:

182 Mr. Deasy asked the Tánaiste and Minister for Health and Children if assistance will be given to a person (details supplied) in County Waterford; and if she will investigate the matter. [29416/04]

The Deputy may wish to note that under the EU directive on the mutual recognition of qualifications, the qualifications of certain grades of health service staff, including radiographers, holding non-national qualifications must be validated in order that they may be employed in the public health service. The directive states that the procedure for examining an application shall be completed as soon as possible and the outcome communicated not later than four months after presentation of all the documents.

The person referred to by the Deputy submitted a completed application to the Northern Area Health Board, NAHB, which administers the system of validation on behalf of my Department. The documents were received by the NAHB on 26 October last and were forwarded on the same day to the relevant professional body which acts as advisers in this regard. My Department has been advised that this application will be processed within the next few weeks.

Budget Submissions.

Michael Lowry

Question:

183 Mr. Lowry asked the Minister for Finance if his attention has been drawn to the work done by the SIMI in regard to the overall net effect of a VRT reduction; and if he will make a statement on the matter. [29051/04]

A pre-budget submission from SIMI has been received which like all other pre-budget submissions will be considered in the context of preparations for the forthcoming budget and Finance Bill. It has been the practice of successive Ministers for Finance not to comment at this time on what may, or may not, be contained in a forthcoming budget and I do not intend to depart from this approach.

Garda Stations.

Denis O'Donovan

Question:

184 Mr. O’Donovan asked the Minister for Finance the delay in the progress for the planned refurbishment of a Garda station (details supplied) in County Cork; the reasons for the delay; when it is proposed that the work will commence; and if he will make a statement on the matter. [29155/04]

There are no plans to refurbish the Garda station at Schull, County Cork. It is proposed to demolish the existing station and build a new Garda area headquarters on the existing site. Planning consultation in relation to the new development is completed. The project will be scheduled for commencement in 2005 subject to available funding.

National Monuments.

Emmet Stagg

Question:

185 Mr. Stagg asked the Minister for Finance his views on whether the average number of persons visiting Maynooth Castle, Maynooth, County Kildare, which works out at 14 per day is extremely disappointing; his further views on whether the development of phase two of the restoration works to the castle would enable the castle to achieve a better potential in respect of tourist numbers visiting the castle; and if he will make a statement on the matter. [29287/04]

The obligation of the Office of Public Works, OPW, with regard to the national monuments in its care is to ensure their preservation and protection. The OPW's role also extends to ensuring that sites are accessible to the public and are presented in an appropriate manner. In the case of Maynooth Castle I am satisfied that the OPW fully meets all the obligations with regard to the preservation, protection and presentation of the monument. I fully accept, given the level of investment in the conservation of the site, that the visitor numbers at Maynooth Castle are somewhat low. This office is currently looking at a number of options for increasing the number of visitors to this site for 2005.

It is not possible for me to estimate if visitor numbers would increase if further development of the castle were undertaken. I should point out that the final decision on any future development at Maynooth Castle is a matter for the Minister for the Environment, Heritage and Local Government.

Budget Submissions.

Finian McGrath

Question:

186 Mr. F. McGrath asked the Minister for Finance if he will give consideration to the pre-budget 2005 submission of organisations (details supplied) and give them his maximum support. [28654/04]

I have received pre-budget submissions from the organisations concerned and the contents will be considered in the context of the forthcoming budget and Finance Bill. As Deputies are aware it would not be appropriate for me to comment in advance of the budget on possible budget decisions.

Communications Masts.

Tony Gregory

Question:

187 Mr. Gregory asked the Minister for Finance further to Parliamentary Question No. 258 of 2 November 2004, if the agreement with the company (details supplied) took account of the recommended guidelines which state that only as a last resort should free standing masts be located in a residential area or beside schools; and if this means that the company is precluded from using Garda masts in such locations for its antennae. [28660/04]

Under the terms of the 1997 agreement between the State and the company referred to, the company is required to comply with all relevant planning and development legislation and all other legal requirements pertaining to the use of mobile telephony antennae and ancillary equipment in the State, and in particular to any requirements imposed by or pursuant to the provisions of the Wireless Telegraphy Acts, the Health, Safety and Welfare at Work Act and the Radiological Protection Act. In addition, the company is required to conform with all relevant guidelines which may be set down from time to time by the International Radiation Protection Association. The company is not precluded from using Garda masts, provided the use is in accordance with the terms and conditions of the agreement currently in place.

Tax Code.

Richard Bruton

Question:

188 Mr. R. Bruton asked the Minister for Finance the cost of tax relief on pension contributions; the aggregate value of contributions on which relief is provided; the value granted at the 20% rate; the value granted at the 42% rate; and the average value of pension relief given to tax-payers in different income ranges. [28680/04]

The cost of tax relief for private pension funding for the short tax year 2001 has been estimated by the Revenue Commissioners at €1.8 billion. This was a short transitional tax year running from 6 April to 31 December 2001. This cost covers tax relief on contributions by employers, employees and self employed and the exemption from income and gains in the pension fund. It should be noted that these costs are very tentative and that efforts are being made to improve information on the cost of tax relief for pensions.

Information on the aggregate value of contributions on which relief is provided and on the value granted at different rates of tax is not available in relation to occupational pension schemes. Information is available from the Revenue Commissioners in respect to income tax relief allowed for contributions to retirement annuity contracts for the short income tax year 2001, which are available to the self-employed and to employees not in occupational pension schemes. Income tax relief at an estimated cost of €170 million was allowed in the short income tax year 2001 on such pension contributions amounting to €450 million. The value of contributions allowed at the 20% and 42% tax rates is estimated at €78 million and €368 million respectively, amounting to €446 million. A further €4 million in contributions had the effect of reducing the total income of claimants below the exemption thresholds.

A distribution by income ranges of the claim amounts, amounts of tax relief and average deductions for tax relief for retirement annuity contracts is contained in the table below:

INCOME TAX 2001 (short "year").

Retirement Annuity — by range of Gross Income.

Range of Gross Income

Totals

From

To

Number of cases

Amount of deduction

Reduction in tax

Average deduction

6,000

1,258

1,301,889

76,588

1,035

6,000

8,000

1,217

1,131,858

159,747

930

8,000

10,000

1,976

2,066,245

318,130

1,046

10,000

12,000

2,779

3,131,978

538,747

1,127

12,000

15,000

5,489

6,725,589

1,228,558

1,225

15,000

17,000

4,446

5,613,493

1,067,199

1,263

17,000

20,000

7,513

10,476,115

2,039,761

1,394

20,000

25,000

12,222

19,723,266

4,505,791

1,614

25,000

27,000

4,567

8,276,351

2,214,991

1,812

27,000

30,000

6,350

12,331,704

3,457,396

1,942

30,000

35,000

9,441

20,838,925

6,506,746

2,207

35,000

40,000

7,942

20,490,572

7,354,258

2,580

40,000

50,000

11,247

37,038,299

14,847,501

3,241

50,000

60,000

6,807

29,985,541

12,417,840

4,405

60,000

75,000

5,741

35,653,618

14,883,125

6,210

75,000

100,000

4,543

41,479,867

17,310,850

9,131

100,000

150,000

3,951

56,115,725

23,514,956

14,203

150,000

200,000

1,753

38,561,305

16,149,432

21,997

Over

200,000

2,635

98,693,919

41,399,977

37,455

Totals

102,057

449,636,259

169,991,594

4,406

Decentralisation Programme.

Phil Hogan

Question:

189 Mr. Hogan asked the Minister for Finance if he will indicate the number of jobs that will be earmarked for County Monaghan in the context of the decentralisation programme; and if he will make a statement on the matter. [28877/04]

There are 85 staff from the Department of Social and Family Affairs to be located in Carrickmacross and 25 from the Combat Poverty Agency to be located in Monaghan town under the decentralisation programme.

Exchequer Provisions.

Peter Power

Question:

190 Mr. P. Power asked the Minister for Finance his intentions regarding the planned level of Exchequer and PPP funded investment in 2005 included in the multi-annual capital investment framework published in the 2004 budget. [28936/04]

The rolling five year multi-annual capital envelopes announced in budget 2004 set out a total capital provision for 2005 of Exchequer funded investment, €5,715 million, and an estimate for PPP, €585 million, capital to be funded by annual payments from the Exchequer.

The 2005 AEV which I will be publishing tomorrow presents a breakdown of the 2005 Exchequer provisions included in the multi-annual investment framework published in the 2004 budget as well as the original estimates for PPP investment in 2005 included in that framework. The Deputy might wish to note that based on the latest information available from Departments there will be a major shortfall on the PPP estimate in 2005. I will be reviewing the position between now and the budget and I will be announcing a new capital envelope for the period 2005-09 on budget day. The new capital envelope will take account of the PPP shortfall, overall investment priorities and the wider expenditure and budgetary position.

Tax Code.

Willie Penrose

Question:

191 Mr. Penrose asked the Minister for Finance the tax concessions for persons who have mobility difficulties; the exact concession available under the motorised transport scheme; the persons that might qualify; and if he will make a statement on the matter. [28937/04]

The disabled drivers and disabled passengers (tax concessions) scheme is open to people with disabilities who meet the specified criteria and have obtained a primary medical certificate to that effect. The senior area medical officer attached to the relevant local health board is responsible for both the medical assessment and the issue of the medical certificate. The medical criteria for the purposes of the tax concessions under this scheme are set out in the disabled drivers and disabled passengers (tax concessions) regulations 1994. Six different types of disablement are listed under the regulations and a qualifying person must satisfy one or more of them.

An individual who obtains a primary medical certificate qualifies for remission or repayment of vehicle registration tax, VRT, repayment of value added tax, VAT, on the purchase of the vehicle and a repayment of VAT on the cost of adaptation of the vehicle. Repayment of the excise duty on fuel used in the motor vehicle and exemption from annual road tax to local authorities are also allowed. The motorised transport grant referred to in the question is a means tested grant administered by the health boards and does not fall within the remit of my Department.

Budget Submissions.

Finian McGrath

Question:

192 Mr. F. McGrath asked the Minister for Finance if he will support the request from the Irish Deaf Society for a capital investment of €10 million; and if he will make a statement on the matter. [28938/04]

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

Tax Code.

Richard Bruton

Question:

193 Mr. R. Bruton asked the Minister for Finance the threshold for registration for VAT in manufacturing and in the service sector; when these thresholds were set; the amount they would need to be increased in order to keep pace with the index of consumer prices in the intervening period; his estimate of the cost to the Exchequer of doubling these thresholds; and if he will make a statement on the matter. [28939/04]

Traders making supplies in the State are obliged to register for VAT where certain turnover thresholds are exceeded or are likely to be exceeded in any continuous period of 12 months. The current threshold, which was enacted by the Finance Act 1994 with effect from 1 July 1994, is €25,500 in the case of a person supplying services. This threshold also applies to persons supplying a combination of goods and services or goods chargeable at the 13.5% or 21% VAT rates which are produced from zero-rated materials; the threshold is €51,000 for persons supplying goods. Businesses with turnover below these thresholds can of course register for VAT and those in the service sector in particular frequently choose to do so for business reasons.

If thresholds were increased in line with the consumer price index since 1994, the €25,500 threshold would need to be increased by €15,515 to €41,015 and the €51,000 threshold would need to be increased by €31,030 to €82,030.

With regard to the estimated cost of doubling the current thresholds, the position is that under the EU sixth VAT directive, with which Irish VAT law must comply, member states may only increase thresholds in line with inflation.

It is not customary for me to comment on any possible changes to thresholds which may, or may not, arise in the context of the forthcoming budget.

Tax Collection.

Paul McGrath

Question:

194 Mr. P. McGrath asked the Minister for Finance the amount of VRT collected in each of the past seven years. [28949/04]

I am informed by the Revenue Commissioners that the amount of VRT collected in each of the past seven years is set out in the table below:

Year

€ million

1997

502.6

1998

615.1

1999

771.1

2000

1001.3

2001

788.0

2002

792.6

2003

819.4

Paul McGrath

Question:

195 Mr. P. McGrath asked the Minister for Finance the amount of VAT collected in each of the past seven years on the purchase of new motor vehicles. [28950/04]

I am informed by the Revenue Commissioners that the amount of VAT collected in each of the past seven years on the purchase of new motor vehicles is as follows:

Year

€ million

1997

278

1998

354

1999

402

2000

548

2001

416

2002

425

2003

425

It should be noted that these figures are estimates as VAT returns do not identify the yields from particular goods and services.

Motor Fuels.

Paul McGrath

Question:

196 Mr. P. McGrath asked the Minister for Finance the amount of tax collected in each of the past seven years on motor fuels. [28951/04]

I am informed by the Revenue Commissioners that the period for which data is available is 1997-2003 inclusive. The relevant figures are shown in the table below.

Estimated Excise and VAT collected on Motor Fuels 1997-2003.

1997

1998

1999

2000

2001

2002

2003

Petrol: Excise

601.7

676.8

720.4

754.8

725.3

854.2

853.8

Estimated VAT

195.5

207.0

223.5

288.2

264.1

286.1

289.8

Total

797.3

883.7

943.9

1,043.1

989.4

1,140.3

1,143.6

Auto Diesel: Excise

428.7

509.2

583.3

624.0

519.5

660.2

731.5

Estimated VAT

16.5

19.0

21.6

29.2

26.7

30.2

32.4

Total

445.2

528.3

604.9

653.2

546.2

690.4

763.8

Auto LPG: Excise

1.0

0.7

0.6

0.6

0.4

0.3

0.2

Estimated VAT

0.5

0.4

0.4

0.3

0.3

0.2

0.1

Total

1.5

1.1

1.0

0.9

0.7

0.6

0.3

Total

1,244.0

1,413.1

1,549.8

1,697.1

1,536.2

1,831.3

1,907.7

The figures for VAT collected are estimates. VAT returns are not required to be completed in a manner that identifies the yield from particular goods and services.

Tax Code.

Paul McGrath

Question:

197 Mr. P. McGrath asked the Minister for Finance the various taxes that are collected on the sale of a new car and to compare these to the corresponding taxes in the UK. [28952/04]

In Ireland a new vehicle is liable to vehicle registration tax, VRT, value added tax, VAT, and in the case of a vehicle imported from outside the European Union, common customs tariff duty, CCT.

VRT is calculated on the open market selling price, OMSP, of a vehicle, which is the retail price, inclusive of all taxes and duties, that a vehicle may reasonably be expected to fetch on a first arm's length sale on the open market in the State. The rates of VRT chargeable on an individual vehicle are determined by its engine size. The following table shows the engine size bands and the corresponding VRT rate.

Private Cars — Category A.

Category

Cars up to 1,400 ccs

(A1)

22.5% of OMSP

Cars 1,401 to 1,900 ccs

(A2)

25% of OMSP

Cars 1,901 +

(A3)

30% of OMSP

VAT is chargeable at 21% of the retail price exclusive of VRT and VAT. CCT is charged at10% of the cost of the vehicle inclusive of charges for freight and insurance. I understand that in the UK all new cars are liable to VAT at 17.5%, and if imported from outside the EU, CCT duty at 10%. VRT or an equivalent is not payable on cars in the UK.

Paul McGrath

Question:

198 Mr. P. McGrath asked the Minister for Finance the amount of tax levied on a new car below 1.9 L retailing at €12,000, €15,000, €18,000, €21,000 and €25,000; and the tax levied on a new vehicle over 1.9 L retailing at €30,000, €40,000 and €50,000. [28953/04]

VRT is applied on the open market selling price, OMSP, of the vehicle which is the price, inclusive of all taxes and duties, which the vehicle would be reasonably expected to fetch on a first arm's length retail sale in the State. The information requested is as follows:

Category A1 — Engine cc less than or equal to 1400 cc

OMSP

12,000.00

15,000.00

18,000.00

21,000.00

25,000.00

VRT Rate

22.5%

22.5%

22.5%

22.5%

22.5%

VRT Amount

2,700.00

3,375.00

4,050.00

4,725.00

5,625.00

VAT Amount

1,614.05

2,017.56

2,421.07

2,824.59

3,362.60

Total Tax

4,314.05

5,392.56

6,471.07

7,549.59

8,987.60

Category A2 — Engine cc exceeding 1400 cc and not exceeding 1900 cc

OMSP

12,000.00

15,000.00

18,000.00

21,000.00

25,000.00

VRT Rate

25.0%

25.0%

25.0%

25.0%

25.0%

VRT Amount

3,000.00

3,750.00

4,500.00

5,250.00

6,250.00

VAT Amount

1,561.98

1,952.48

2,342.98

2,733.48

3,254.13

Total Tax

4,561.98

5,702.48

6,842.98

7,983.47

9,504.13

Category A3 — Engine cc exceeding 1900 cc

OMSP

30,000.00

40,000.00

50,000.00

VRT Rate

30.0%

30.0%

30.0%

VRT Amount

9,000.00

12,000.00

15,000.00

VAT Amount

3,644.63

4,859.50

6,074.38

Total Tax

12,644.63

16,859.50

21,074.38

Paul McGrath

Question:

199 Mr. P. McGrath asked the Minister for Finance his views on the 57% increase in the importation of second hand vehicle with engine size over 1.9 litre; and if he will make a statement on the matter. [28954/04]

I am advised by the Revenue Commissioners that over 170,000 cars have been registered in the State up to the end of October 2004, including cars which are exempt from VRT. Of these, 7,242, or some 48% more than the same period last year, were second hand imports, with engine sizes over 1.9 litres. While it is impossible to determine with any certainty, it is reasonable to speculate that personal choice as to make and model and normal market forces have contributed to the increase. Data are not captured by the Revenue Commissioners in relation to the engine size of commercial vehicles.

Social Insurance Fund.

Paul McGrath

Question:

200 Mr. P. McGrath asked the Minister for Finance the surplus that has been put into the social welfare fund in each of the past seven years; the cumulative fund for each of those years; and the details of the withdrawals from the fund in the same periods for items that werenot covered within the terms of the fund. [29009/04]

As Minister for Finance, I have overall responsibility for the control and management of the social insurance fund investment account while my colleague, the Minister for Social and Family Affairs, has responsibility for the social insurance fund current account. The extent to which the annual income of the social insurance fund is not required to meet benefit payments and administration costs in that year represents the annual surplus of the fund. The only payment from the social insurance fund other than that to meet benefit payments or administration costs was the amount of €635 million paid out of the fund into the Exchequer in 2002 as provided for by the Social Welfare (No. 2) Act 2001.

The annual and cumulative surplus on the social insurance fund in the period in question is as follows:

Annual Surplus (€M)

Cumulative Surplus (€M)

1997

10

10

1998

69

79

1999

341

420

2000

435

855

2001

631

1,486

2002

422

1,273*

2003

255

1,528

Paul McGrath

Question:

201 Mr. P. McGrath asked the Minister for Finance the profits achieved from the investment of the social welfare fund in each of the past five years. [29010/04]

As Minister for Finance, I have overall responsibility for the control and management of the social insurance fund investment account while my colleague, the Minister for Social and Family Affairs, has responsibility for the social insurance fund current account. The receipts from investment of the accumulated surplus of the social insurance fund for each of the last five years are as follows:

Year

€M

1999

3.447

2000

26.590

2001

45.754

2002

51.015

2003

40.718

These figures do not of course reflect the carrying cost of the significant deficits in the fund subsidised by the Exchequer until the mid-1990s.

Flood Relief.

Paul McGrath

Question:

202 Mr. P. McGrath asked the Minister for Finance if plans exist for alleviation measures in respect of serious flooding of the River Pil at Piltown, County Kilkenny; and if he will make a statement on the matter. [29060/04]

My officials are currently undertaking a pre-feasibility study to investigate the relevant issues with regard to reducing the risk of flooding in Piltown. It is expected that this report will be completed early in the new year and until such a time as the recommendations of this study are available, it is not possible to say what, if any, flood alleviation works might be identified for Piltown. Any decision will also be contingent on existing commitments to advancing flood relief projects currently on the OPW work programme.

Public Private Partnerships.

Jim O'Keeffe

Question:

203 Mr. J. O’Keeffe asked the Minister for Finance the advantages and disadvantages of public-private partnerships in relation to public work contracts; his views on whether the approach is cost effective; and his policy in relation to public-private partnerships in the future. [29061/04]

Public private partnerships have a continuing role to play in helping to address the infrastructure needs of this country. The advantages and disadvantages of using the PPP route are dependent, in particular, on achieving optimal risk transfer to the private sector over the lifetime of a project and the efficiencies gained from integrating design and construction of public infrastructure with operation and maintenance and, where appropriate, private finance.

The Government established the National Development Finance Agency in 2003 to provide advice to those procuring major public capital projects on the optimal means of financing such projects in order to achieve value for money and on all aspects of the financing, refinancing and insurance of public investment projects. With regard to the policy on PPPs in the future, the overall context is set by the multi-annual investment framework first announced in budget 2004, including estimates for PPP investment.

The Deputy may wish to note that, based on the latest information available from Departments in respect of PPPs funded by unitary payments, there will be a shortfall in PPP projects at construction stage in 2005 relative to the estimates announced in 2004. There are a number of reasons for this, including the lead time of 18 months to two years involved in bringing PPP projects to construction. I will be reviewing the position between now and the budget and I will be announcing a new multi-annual capital envelope for the period 2005-09 on budget day. The new capital envelope will take account of the PPP shortfall in 2005, overall investment priorities and the wider expenditure and budgetary position.

Insurance Industry.

Michael Noonan

Question:

204 Mr. Noonan asked the Minister for Finance the amount of single premium insurance written by the industry in each year from 1988 to 2001 inclusive; the reason for the variation in amounts from year to year; and if he will make a statement on the matter. [29062/04]

The insurance annual reports — blue books — as published in the years in question by the Department of Enterprise, Trade and Employment, show that the net amount of single premium life insurance written in Ireland in the years 1988 to 2001 was as follows:

Euro 000’s

1988

708,544

1989

954,144

1990

707,147

1991

662,157

1992

438,893

1993

686,920

1994

750,906

1995

732,456

1996

1,182,035

1997

1,868,511

1998

3,261,874

1999

5,211,852

2000

7,556,644

2001

8,803,823

The insurance annual reports show that business written by companies based in Ireland into other, mainly EU, countries increased substantially during the period, rising from 2% of the total in 1988 to 53% in 2001. There may be other reasons for the year-to-year variations but these are not deducible from the information in the reports.

Tax Code.

Jack Wall

Question:

205 Mr. Wall asked the Minister for Finance if he will address the concerns of a person (details supplied) in County Kildare in budget 2005; the mechanism available to them to address their concerns; and if he will make a statement on the matter. [29063/04]

Jack Wall

Question:

206 Mr. Wall asked the Minister for Finance if he will address the concerns of a person (details supplied) in County Kildare in budget 2005; the mechanism available to them to address their concerns; and if he will make a statement on the matter. [29064/04]

I propose to take Questions Nos. 205 and 206 together.

Capital Gains Tax, CGT, is a tax on a capital gain arising on the disposal of assets. A 20% rate of CGT now applies on the gains arising on the disposal of assets, including land which is the subject of a compulsory purchase order, CPO. This is the lowest rate of CGT in recent history. Where compensation is received for land that is compulsorily acquired, any gains arising from the amount paid for the acquisition of land are chargeable to tax. In other words, if there is a sum paid by an authority for the compulsory acquisition of land, then irrespective of its components, for example, disturbance, injurious affection, etc., that total sum will be the amount to be assessed for tax. The CGT due on a disposal of land under a CPO is calculated in the same way as any other disposal of land. The consideration for the disposal will be the sum received for the land.

As the Deputy is 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.

Tony Gregory

Question:

207 Mr. Gregory asked the Minister for Finance if he will review the amount of capital gains tax demanded from a person (details supplied) in Dublin 7. [29075/04]

A charge to capital gains tax arises in respect of chargeable gains accruing on the disposal of assets. Such gains are computed in accordance with the provisions of the capital gains tax Acts. The charge extends to individuals, companies and unincorporated bodies of persons. CGT has no connection with income, which is the basis for income tax. The CGT liability of an individual is computed, irrespective of age, by reference to the chargeable gain on the disposal.

I have been advised by the Revenue Commissioners that as many shareholders might not ordinarily be expected to be familiar with capital gains tax provisions, they have written to First Active members who received payment from the Royal Bank of Scotland in respect of its acquisition of First Active. Revenue informed them of a potential CGT liability arising from the disposal of the shares and how to make a payment of any CGT liability. This was to ensure that people do not inadvertently incur interest which could arise if payment was not made on time. Any CGT liability on disposal of these shares was due for payment on or before 31 October 2004.

From the information supplied to the Revenue Commissioners, the person referred to by the Deputy received a payment of €3,069 from Royal Bank of Scotland and, provided she had no other gain or loss, her CGT liability is calculated as follows:

Cash Received

€3,069

Allowable Costs

Nil (as the shares were acquired at no cost they have a nil base)

Chargeable Gain

€3,069

Less Personal Exemption

(€1,270)

Net Chargeable Gain

€1,799 @ 20% = €359.80

The chargeable gain above can be reduced by any allowable losses arising in 2004 together with any unused allowable losses from disposals of assets chargeable to capital gains tax in any previous year. This is the standard method and was used in other disbursements of free shares in the past few years.

I have also been informed by the Revenue Commissioners that the Revenue documentation that the person received includes a computation sheet and a payslip. The payslip and payment should be sent to the Collector General's office. The documentation issued also includes a special Revenue helpline number for any further assistance required by the person referred to by the Deputy.

Departmental Appointments.

Bernard J. Durkan

Question:

208 Mr. Durkan asked the Minister for Finance if any new advisers or consultants have been appointed by him since the Government reshuffle of September 2004; if such appointments are replacements for or are in addition to previous appointments; the salary and terms of employment in each case; and if he will make a statement on the matter. [29118/04]

Since my appointment as Minister for Finance, in accordance with the provisions of section 11 (1) of the Public Service Management Act 1997, the Government has appointed at my request, one special adviser to my Department. My predecessor did not have a special adviser. The annual salary is €67,305 and an allowance of 10% of salary is also paid. My adviser is an assistant principal officer on secondment from the Department of Health and Children for the duration of my appointment.

Tax Code.

David Stanton

Question:

209 Mr. Stanton asked the Minister for Finance the number of refunds in respect of PRSI contributions paid in respect of off payroll payments made to PRSAs and other personal pensions for which claims have been made to Revenue Commissioners; when he expects to be able to repay this money; the amount involved; and if he will make a statement on the matter. [29153/04]

Refund of PRSI in respect of PRSAs and other personal pensions is governed by the Social Welfare (Consolidated Contributions and Insurability) (Amendment No. 1) (Refunds) Regulations 2003, SI No. 698 of 2003. These regulations were made by the Minister for Social and Family Affairs on 17 December 2003.

I understand from the Revenue Commissioners that the matter of devising a mechanism for dealing with these cases has been raised by the Department of Social and Family Affairs with the Revenue Commissioners and discussions are ongoing. In the meantime, persons seeking refunds have been advised to contact the Department of Social and Family Affairs.

Tony Gregory

Question:

210 Mr. Gregory asked the Minister for Finance if tax relief can be claimed for the parents’ costs of incurring travelling expenses to visit their children in an intensive care unit who are not oncology patients or children with a permanent disability; and if he will make a statement on the matter. [29255/04]

Section 469 Taxes Consolidation Act 1997 provides for tax relief in respect of health expenses, as defined in the section, incurred in respect of health care which is also defined in the section. The Revenue Commissioners information leaflet IT 6 on health-medical expenses relief which is available on their website www.revenue.ie provides full details of the expenses for which tax relief is available.

Section 469 provides for tax relief in respect of the cost of travelling to and from hospital either by a patient or by the parents of a patient where this is by ambulance only and not by any other means. However, I am informed by the Revenue Commissioners that they have a long-standing and published administrative practice to grant tax relief on the cost of travelling, other than by ambulance, to and from hospital in the special circumstances which pertain to child oncology patients and children with a permanent disability where such trips are shown to be essential to the treatment of the child. The Revenue Commissioners' practice does not extend to covering the cost of travelling by parents to visit their children in hospital in the normal course, including children in intensive care.

If the Deputy has a specific case to which special circumstances attach, he may wish to contact the Revenue Commissioners outlining full details of the case including the special circumstances, if any.

Grant Aid.

Emmet Stagg

Question:

211 Mr. Stagg asked the Minister for Finance if the revised schedule of works for Lucan Demesne has been submitted and agreed; the details of same; the amount of grant aid being applied; and if he will make a statement on the matter. [29292/04]

I wish to confirm that the current position remains unchanged from that outlined in my response to the Deputy's most recent question on this issue, Parliamentary Question No. 322.

Disabled Drivers.

Brian O'Shea

Question:

212 Mr. O’Shea asked the Minister for Finance his proposals to implement the ten recommendations of the disabled drivers and disabled passengers (tax concessions) scheme independent review group; in particular the making of legislative change to repeal the current stringent medical based on lack of limbs with a more general mobility-focused medical assessment; and if he will make a statement on the matter. [29421/04]

The disabled drivers and disabled passengers (tax concessions) scheme is open to people with disabilities who meet the specified criteria and have obtained a primary medical certificate to that effect. The senior area medical officer attached to the relevant local health board is responsible for both the medical assessment and the issue of the medical certificate.

The medical criteria for the purposes of the tax concessions under this scheme are set out in the disabled drivers and disabled passengers (tax concessions) regulations 1994. Six different types of disablement are listed under the regulations and a qualifying person must satisfy one or more of them. The six types of disablement are as follows: persons who are wholly or almost wholly without the use of both legs; persons who are wholly without the use of one leg and almost wholly without the use of the other leg such that the applicant is severely restricted as to movement of the lower limbs; persons without both hands or without both arms; persons without one or both legs; persons wholly or almost wholly without the use of both hands or arms and wholly or almost wholly without the use of one leg; and persons having the medical condition of dwarfism and who have serious difficulties of movement of the lower limbs.

An individual who qualifies under the medical criteria as set out above is issued with a primary medical certificate. Possession of a primary medical certificate qualifies the holder for remission or repayment of vehicle registration tax, VRT, a repayment of value added tax, VAT, on the purchase of the vehicle and a repayment of VAT on the cost of adaptation of the vehicle. Repayment of the excise duty on fuel used in the motor vehicle and exemption from annual road tax to local authorities are also allowed.

An interdepartmental review group was established to review the disabled drivers' and disabled passengers' (tax concessions) scheme. The group examined all aspects of the scheme including the qualifying medical criteria. The report was published on my Department's website in early July and copies have been placed in the Oireachtas Library.

As agreed by Government in June, I 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 Code.

Brian O'Shea

Question:

213 Mr. O’Shea asked the Minister for Finance his proposals to extend tax relief for home carers to widows and widowers or lone parents; and if he will make a statement on the matter. [29422/04]

As the Deputy will be aware, the home carer tax credit, formerly an allowance, was introduced in the Finance Act 2000 and is designed to cover situations where a spouse working in the home has forfeited a second income to care for dependants in the home. It is available only to married couples who are jointly assessed for tax.

While the home carer credit is generally not available to married two earner couples, there is an income disregard whereby the home carer may have some income in their own right without affecting their spouse's eligibility for the tax credit. In addition, there is a taper system, which means the tax credit is not lost at once when income exceeds the amount of the disregard.

Special treatment within the tax system is afforded to widows, widowers and lone parents. In the case of widowed persons, in the year of bereavement a widowed person may receive a personal tax credit of €3,040, which is equivalent in value to the married person's tax credit. Following the year of bereavement, a widowed parent with a qualifying child or children may qualify for the one-parent family tax credit of €1,520 in addition to the personal tax credit of €1,520. A further tax credit, the widowed parent tax credit, is available on a sliding scale for the first five tax years following the year of bereavement as follows:

Year

Year 1

2,600

Year 2

2,100

Year 3

1,600

Year 4

1,100

Year 5

600

Therefore, in the first year following bereavement, a widowed parent is entitled to aggregate tax credits of €5,640, comprising a single personal credit of €1,520, a one-parent family credit of €1,520 and a widowed parent credit of €2,600. For widowed persons with no dependent children, a tax credit of €300, which is additional to the basic personal tax credit, is available after the year of bereavement. Such widowed persons would therefore receive aggregate basic tax credits of €1,820, comprising €300 plus the personal tax credit of €1,520, in addition to the employee credit, if applicable.

In the case of lone parents, as well as the single personal credit of €1,520, a lone parent also receives the one parent family credit of €1,520 giving total personal credits equivalent to the married credit of €3,040. The standard rate band for a lone-widowed parent is extended to €32,000 which is €4,000 more than the standard rate band for a single person. Finally, as the Deputy will be aware, it has been the practice of successive Ministers for Finance not to comment on what may or may not be contained in upcoming budgets. I do not intend to depart from that approach.

Decentralisation Programme.

Billy Timmins

Question:

214 Mr. Timmins asked the Minister for Finance if, during discussions on decentralisation, consideration was given to moving the section of the Revenue Commissioners which is due to go to Athy, County Kildare to Wicklow Town; and if he will make a statement on the matter. [29424/04]

A wide range of factors were taken into account and measured against each other in selecting locations for the new decentralised offices. For example, the need to achieve a fit with the national spatial strategy, in terms of the gateways, hubs and their respective catchments as well as the location of existing decentralised offices was considered. The importance of respecting the scale and character of locations in terms of their capacity to absorb the number of new jobs involved was also a factor. In addition, the desirability of clustering a Department's decentralised units within a region and the existence of good transport links by road, rail and/or air, and the general infrastructural capacity in the areas, were also considered.

Olwyn Enright

Question:

215 Ms Enright asked the Minister for Finance the number of persons who have applied to be decentralised to Birr; if Birr will be included in the first tranche of decentralisation; the estimated time for completion of the programme to Birr; if a location has been found and approved; and if he will make a statement on the matter. [29462/04]

The number of persons who applied to be decentralised to Birr is 69. I expect to receive a report very shortly from the decentralisation implementation group, the Flynn group, outlining its proposals on the sequencing and timing of the first phase of moves. Until I have received the report and the Government has had an opportunity to consider its contents I am not in a position to say which locations will be included in the first phase of the relocation programme.

The evaluation of property proposals for most locations is currently at an advanced stage and a number of possible property proposal solutions have been identified.

Olwyn Enright

Question:

216 Ms Enright asked the Minister for Finance the number of persons who have applied to be decentralised to Edenderry; if Edenderry will be included in the first tranche of decentralisation; the estimated time for completion of the programme to Edenderry; if a location has been found and approved; and if he will make a statement on the matter. [29464/04]

The number of persons who applied to be decentralised to Edenderry is 53. I expect to receive a report very shortly from the decentralisation implementation group, the Flynn group, outlining its proposals on the sequencing and timing of the first phase of moves.

Until I have received the report and the Government has had an opportunity to consider its contents I am not in a position to say which locations will be included in the first phase of the relocation programme.

The evaluation of property proposals for most locations is currently at an advanced stage and a number of possible property proposal solutions have been identified.

Olwyn Enright

Question:

217 Ms Enright asked the Minister for Finance if Port Laoise will be included in the first tranche of decentralisation; and if he will make a statement on the matter. [29465/04]

I expect to receive a report very shortly from the decentralisation implementation group, the Flynn group, outlining its proposals on the sequencing and timing of the first phase of moves.

Until I have received the report and the Government has had an opportunity to consider its contents I am not in a position to say which locations will be included in the first phase of the relocation programme.

Olwyn Enright

Question:

218 Ms Enright asked the Minister for Finance the number of persons who have applied to be decentralised to Tullamore; if Tullamore will be included in the first tranche of decentralisation; the estimated time for completion of the programme to Tullamore; if a location has been found and approved; and if he will make a statement on the matter. [29466/04]

As the Deputy is aware, the data from the central applications facility, CAF, published in September showed that a total of 116 persons have applied for decentralisation to Tullamore as their first choice.

The next stage of the decentralisation process is the selection of organisations for inclusion in the first phase of moves and the sequencing and timing of such moves. An analysis of the figures emerging from the CAF and any relevant property and business aspects is being undertaken by the decentralisation implementation group. Pending completion of this work it is not possible to state if Tullamore will be included in the first tranche of decentralisation or to give an estimated time for completion of the programme to Tullamore.

My Department has provided its accommodation requirements for Tullamore to the Office of Public Works, OPW, which is co-ordinating the procurement of property for all Departments and offices.

Telecommunications Services.

Jack Wall

Question:

219 Mr. Wall asked the Minister for Communications, Marine and Natural Resources the position regarding the provision of broadband to the Ballymore Eustace area of Kildare; the timescale in regard to the matter; and if he will make a statement on the matter. [29031/04]

The provision of telecommunications services, including broadband, is a matter in the first instance for the private sector companies operating in a fully liberalised market, regulated by ComReg, the Commission for Communications Regulation.

The Government set aside an indicative €200 million under the NDP 2000-2006 for broadband infrastructure investment will enable the provision of broadband services regionally by the private sector.

Metropolitan area networks, MANs, are being built in 26 towns and cities, in association with the local authorities. These are being managed for the State on an open access basis, and offer a wide range of broadband services on a wholesale basis to the service providers. In the second phase of the programme MANs will be built in a further 92 towns with a population of 1,500 and over.

For smaller towns and rural communities, such as Ballymore Eustace, I have introduced the group broadband scheme, under which funding is available to assist the community to come together and, with the service providers, to obtain broadband for their area using the technology that best suits the location, such as wireless, satellite or fibre.

My Department's website www.broadband.gov.ie gives full details of the companies offering broadband in all parts of the country, and lists five companies offering satellite-based broadband services in west Wicklow.

Full details of the regional broadband programme and the group broadband scheme can be found on my Department's websites www.dcmnr.gov.ie and www.gbs.ie.

Foreshore Licences.

Jim O'Keeffe

Question:

220 Mr. J. O’Keeffe asked the Minister for Communications, Marine and Natural Resources the position in regard to the proposed coastal barrage for Clonakilty; and his views on whether there is now an urgent case to have the barrage completed in view of further recent flooding in the town. [29056/04]

Jim O'Keeffe

Question:

228 Mr. J. O’Keeffe asked the Minister for Communications, Marine and Natural Resources the position in regard to the application for a foreshore licence for the proposed coastal barrage in Clonakilty; when the application was lodged; the reason it has not been completed; and if his attention has been drawn to the urgency of the situation in view of further recent flooding in the town. [29029/04]

I propose to take Questions Nos. 220 and 228 together.

The Department received an application from Clonakilty Town Council in October 2003 for a foreshore licence for the construction of a tidal barrage at Clonakilty.

Preliminary examination of the application has been undertaken in the Department. The engineering division has had discussions with the parties to the application and a number of issues which arose are being clarified. A comprehensive report on the development is being finalised by the Department's engineering division and the issue of the foreshore licence will be determined in that context.

In view of the importance of the project, I have directed that consideration of the application is to be progressed as a matter of priority.

Air-Sea Rescue.

Bernard J. Durkan

Question:

221 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources the extent to which he provides coastal air-sea rescue facilities; if adequate resources and personnel are available from or through his Department for these operations; and if he will make a statement on the matter. [29272/04]

The Irish Coast Guard has responsibility for the provision of Ireland's coastal air-sea search and rescue service. The coastal area lies within the Ireland search and rescue region, SRR.

Search and rescue services in Ireland are provided through a combination of Irish Coast Guard emergency services and services provided by a number of charitable and voluntary organisations dedicated to SAR.

The principal air and sea rescue resources in Ireland are Coast Guard 24-hour all-weather helicopters based at Dublin, Waterford and Shannon Airports and a 12-hour helicopter at Sligo Airport, which will become 24-hour early in 2005, the coast-wide Coast Guard units, RNLI Lifeboats and the Community Inshore Rescue Service.

The Coast Guard co-ordinates search and rescue operations, including those services provided by charitable and voluntary bodies. It also ensures that appropriate personnel, training, equipment and facilities are in place among its many declared resources. Coast Guard rescue co-ordination centres at Dublin, Malin Head and Valentia and a nationwide communications network are positioned and equipped to receive distress calls and co-ordinate response to incidents on land, around the coastline and sea areas within its areas of responsibility for search and rescue and casualty and pollution response.

While the challenges facing the Coast Guard continue to change and recognising the fact that the Coast Guard undertakes ongoing training and re-equipping, I am satisfied that the Coast Guard has adequate resources available to it to deal with its expected challenges.

Natural Gas Grid.

Eamon Ryan

Question:

222 Mr. Eamon Ryan asked the Minister for Communications, Marine and Natural Resources if he will provide him with a copy of the environmental management plan for the upstream pipeline for the proposed Corrib gas terminal in Bellanaboy including agreed programmes, construction methodology and the construction constraints schedule; and if he will provide a copy of the detailed construction method statements as agreed between EEI and Dúchas, copies of all agreed monitoring programmes and the traffic management plan approved by Mayo County Council relating to the development. [28643/04]

While the initial environmental management plan was drawn up in 2002 by the developers of the Corrib Gas pipeline based on its construction plan proposals at the time, this has always been classified as an organic and evolving document. As the development work progresses the plan will be updated in discussion with my Department, other Departments and the Corrib gas field environment monitoring group set up by the then Minister as a condition of the plan of development approval and the consent to construct pipeline. I will have a copy of the original environmental management plan forwarded to the Deputy directly.

The pipeline construction method statements in so far as they relate to issues that fall within the responsibility of the Department of Environment, Heritage and Local Government are matters between Shell E&P Ireland Limited and the National Parks and Wildlife Service, formerly Dúchas, of that Department and my Department is not aware of what has been approved between them.

The condition relating to monitoring programmes states that prior to construction commencing, the developer shall provide to the satisfaction of the Minister, details of monitoring programmes to be undertaken. With the project moving to development stage, officials of my Department are in discussion with the developers, in regard to the various monitoring plans and programmes required.

As regards the traffic management plan, a copy of the construction traffic management plan, as included in the environmental management plan, was provided to Mayo County Council on 9 July 2003. A revised traffic management plan is to issue shortly for 2004-05. This will be subject to review by Mayo County Council before it is submitted to my Department.

Eamon Ryan

Question:

223 Mr. Eamon Ryan asked the Minister for Communications, Marine and Natural Resources when the condition 1 commencement of commercial production operations in January 2004 (details supplied) was amended with regard to the development of the Corrib gas field. [28644/04]

The original date of January 2004 for the commencement of commercial gas production from Corrib gas field as stated in the then Minister's approval for the development of the field has not yet been changed. The matter is under consideration by the developers in the context of ongoing discussion with my Department and the recent planning approval given by An Bord Pleanála for the terminal at Bellanaboy, County Mayo.

Telecommunications Services.

Liam Aylward

Question:

224 Mr. Aylward asked the Minister for Communications, Marine and Natural Resources the criteria used to determine the various towns and villages throughout the country selected for broadband access; if this service is likely to be made available to households and companies in Urlingford, County Kilkenny using the satellite link; and if he will make a statement on the matter. [28875/04]

The provision of telecommunications services, including broadband, is a matter in the first instance for the private sector companies operating in a fully liberalised market, regulated by ComReg, the Commission for Communications Regulation.

The Government set aside an indicative €200 million under the NDP 2000-06 for broadband infrastructure investment that will, in turn, enable the provision of broadband services regionally by the private sector.

The principal aim of the regional broadband programme is to provide open-access broadband infrastructure in all towns of 1,500 population and over that do not already have broadband on offer from the service providers, or where the medium to long-term broadband infrastructure is deficient from a regional development standpoint.

In the first phase of the programme metropolitan area networks, MANs, are being built in 26 towns and cities, in association with the local authorities. In the second phase, MANs will be built in a further 92 towns. All of the infrastructure will remain in public ownership, and will be managed for the State by the management services company E-Net, which has been awarded the services concession contract following a public tender process.

For smaller towns and rural communities, such as Urlingford, I have introduced the group broadband scheme, under which funding is available to assist the community to come together and, with the service providers, to obtain broadband for their area using the technology that best suits the location, such as wireless, DSL, satellite or fibre.

My Department's website www.broadband.gov.ie gives full details of the companies offering broadband in all parts of the country, and lists five companies offering satellite broadband services in the Urlingford area.

Full details of the regional broadband programme and the group broadband scheme can be found on my Department's websites www.dcmnr.gov.ie and www.gbs.ie.

Inland Fisheries.

Enda Kenny

Question:

225 Mr. Kenny asked the Minister for Communications, Marine and Natural Resources his proposals for the continued development of the Moy River and fishery; the expenditure on this work for each of the past five years; and if he will make a statement on the matter. [28876/04]

Under the Fisheries Acts, primary responsibility for the conservation, protection and development of Inland fisheries rests with the local fisheries board, in this case the North Western Regional Fisheries Board.

I am advised by the chief executive officer of the board that a strategic development plan was published by the board in 2002 setting out the board's proposals for the development of the various fisheries on the Moy system in the period 2002-06. I have asked the chief executive officer to forward a copy of this plan directly to the Deputy.

The chief executive officer also advises me that the board has an ongoing development programme on the River Moy system with a range of development activities taking place throughout the catchment each year. I am further advised by the chief executive officer that it has not been possible however, in the time available, to compile precise details of expenditure on all the development projects carried out over the last five years. In this regard I have asked the chief executive officer to prepare a report and forward this information directly to the Deputy as soon as possible.

Telecommunications Services.

Phil Hogan

Question:

226 Mr. Hogan asked the Minister for Communications, Marine and Natural Resources his proposals to open up roads for Northern Ireland broadband companies to establish cross-Border links; and if he will make a statement on the matter. [28880/04]

Fishing Fleet Protection.

Jim O'Keeffe

Question:

227 Mr. J. O’Keeffe asked the Minister for Communications, Marine and Natural Resources the position in regard to a decommissioning scheme for the Irish fishing fleet; and if he will make a statement on the matter. [29028/04]

The biggest challenge facing the fishing industry and its ancillary businesses at the present time is the pressure faced by many of the key whitefish species. The industry accepts that measures must be put in place for the conservation and sustainable exploitation of these stocks. The debate at national level centres around the appropriate mechanisms for achieving this objective.

In this regard, I have received requests from industry representatives for the introduction of a decommissioning scheme to provide for the restructuring of the whitefish fleet and I am currently examining these requests taking account of all relevant issues.

Question No. 228 answered with QuestionNo. 220.

Harbour Authorities.

Thomas P. Broughan

Question:

229 Mr. Broughan asked the Minister for Communications, Marine and Natural Resources if he agreed to the sale of Sligo Harbour Board land to a company (details supplied) in 1992; if his attention had been drawn to the fact that this land could be required for the development of the MID block road through Sligo within a few years; and if he will make a statement on the matter. [29034/04]

On 30 July 1992, the then Minister's consent in principle was given under section 159 of the Harbours Act 1946, to the Sligo Harbour Commissioners for the sale of a site at the Ballast Quay, Sligo, to a company. However, the sale did not proceed at that time.

In April 1994, the Department was informed that a director of the same company now wished to take up the title to the site at Ballast Quay. The then Minister gave his consent to that proposal under section 159 of the Harbours Act 1946, on 27 April 1994, and the sale was completed.

The Department has no record indicating that the attention of the Department was drawn to any issues involving the MID block road through Sligo mentioned in the Deputy's question.

Broadcasting Legislation.

Michael Lowry

Question:

230 Mr. Lowry asked the Minister for Communications, Marine and Natural Resources his views on whether the 1 November start date for Christmas advertising for children is too early, as set out in the children’s advertising code issued by the Broadcasting Commission of Ireland; if, in view of the extreme financial pressures faced by parents at Christmas, he will review the code with a view to asking the BCI to amend the earliest possible advertising start date to 1 December; and if he will make a statement on the matter. [29104/04]

Section 19(1)(c) of the Broadcasting Act 2001, provides that the Broadcasting Commission of Ireland, BCI, prepare a code specifying standards to be complied with, and rules and practices to be observed, in respect of advertising which relate to matters likely to be of direct or indirect interest to children.

The BCI has published a children's advertising code, which will come into effect on 1 January 2005. Section 10 of the Act provides that the BCI review the effect of the code after three years and prepare a report in regard to that review and present it to me.

The drafting, monitoring and review of the code, are functions which the Oireachtas has provided the BCI with statutory responsibility for and in respect of which I have no role.

Ministerial Appointments.

Bernard J. Durkan

Question:

231 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources if any new advisers or consultants have been appointed by him since the Government reshuffle of September 2004; if such appointments are replacements for or are in addition to previous appointments; the salary and terms of employment in each case; and if he will make a statement on the matter. [29119/04]

The press officer appointed by me during my tenure as Minister for Education and Science has been re-appointed by me in the Department of Communications, Marine and Natural Resources. The special adviser appointed by me during my tenure as Minister for Education and Science has been reassigned to me at the Department of Communications, Marine and Natural Resources with effect from 30 September 2004 and the requisite statutory order under the Public Service Management Act is being finalised.

Coastal Zone Management.

John Perry

Question:

232 Mr. Perry asked the Minister for Communications, Marine and Natural Resources if he will fund the Bantry Bay coastal zone charter; if the reason for withdrawal of funding in 2003 was failure to gain funding from Government agencies due in part to the national economic downturn in 2003, lack of commitment from Government agencies to implement the charter agreement, the highly centralised nature of Government, making it hard to gain recognition and support for small scale local initiatives and his failure to bring forward the Coastal Zone Management Bill; and his plans to re-establish this fund. [29133/04]

The Bantry Bay charter was a demonstration project in the field of integrated coastal zone management that was funded under the EU's life programme. It was one of a number of similar projects across the EU that contributed to the process leading to the adoption in May 2002 of the EU recommendation on the implementation of integrated coastal zone management in Europe.

I understand that EU funding for the charter ended in 2000 and that Cork County Council agreed to meet the cost of continuing the exercise in 2001 and 2002. The local authority advised the charter, however, that it would not be in a position to meet the full costs of the charter office beyond February 2003.

Against this background, the charter put forward a proposal that its costs be met by a number of public bodies. In addition to my Department, I understand that it also sought funding from the Departments of the Environment, Heritage and Local Government and Agriculture and Food, as well as Cork County Council and Bantry Bay Harbour Commissioners.

The charter was advised at the time that no funds were available to my Department to support the further continuation of the pilot project. This remains the case, and there are no proposals for the Department to become involved in the funding of individual coastal zone management projects.

Ferry Services.

John Perry

Question:

233 Mr. Perry asked the Minister for Communications, Marine and Natural Resources the position regarding the proposed closure of a service (details supplied) to France from Rosslare due to the apparent unfair subsidy given to a company (details supplied) by the French Government; his action to date to safe guard the jobs; the meetings that have taken place dealing with this issue; and the results of same. [29134/04]

Irish Continental Group announced on 20 October 2004, that it is restructuring, not ending, its Ireland-France ferry service.

I understand that the current service will end on 30 November 2004, and that a new service will be introduced in March 2005. I have met both with local public representatives and with union representatives to consider the company's announcement and I have also spoken with the company.

Irish Continental Group alerted the Department in 2002 to their concerns that another shipping company planning to operate an Ireland-France ferry service may have received inappropriate State aid.

My predecessor as Minister, Deputy Dermot Ahern, raised the matter with the European Commission, which investigated Irish Continental Group's complaint. I understand that its investigation did not lead to any further action being taken by the Commission. I have written to the Commissioner designate for competition, seeking a meeting with her at an appropriate time to discuss ferry operations on the Ireland to France route.

The availability of a year-round ferry service to France is a valuable element in our trade and tourism links with the Continent. It is a means of avoiding the UK land bridge, through affording cost effective alternatives to our importers and exporters, and the Government is supportive of its retention.

Aquaculture Development.

John Perry

Question:

234 Mr. Perry asked the Minister for Communications, Marine and Natural Resources the reason over a third of all fish sold in retail supermarkets are farmed and the figure is increasing; and if his attention has been drawn to the fact that fish farming is replacing the catching sector. [29143/04]

The quantities of fishery products from aquaculture are increasing on a global level. This trend derives from improving aquaculture techniques, a rising demand for fish and fishery products and an appreciation of the health benefits of consuming fish.

There are concerns about the state of some of the wild fish stocks; current policy at EU level involves restrictions on fish catches in order to rebuild stocks so that, in the medium to long term, sustainable fishing will support and grow the economies of coastal communities dependent on fishing. In contrast, aquaculture production continues to provide excellent opportunities for growth in seafood production. Starting from an insignificant amount, global aquaculture production has significantly grown and has increased by some 10% per year since 1990. In the Irish context, during this period there has been substantial growth in farmed salmon production and in the extensive and intensive cultivation of mussels and oysters.

John Perry

Question:

235 Mr. Perry asked the Minister for Communications, Marine and Natural Resources the number of aquaculture operations here; the value of fish production; the number of persons employed in the sector; the level of support given to small companies in creating jobs; and the incentive which is given to the industry to develop new enterprises. [29144/04]

The number of licensed aquaculture operations at present is 1,159 of whom 10% are for finfish farming, the remainder are for shellfish farming operations. The first sale value of the fish produced in 2003 is estimated at €106,301 million. The number of people directly employed in the farm production element of the sector, on a full and part-time basis in 2003 was 2,637.

The level of support given to the sector is generally set at 40% of qualifying expenditure. The principal source of development funding is the aquaculture measure of the NDP 2000-2006. This FIFG co-funded instrument is complimented by an integrated suite of support programmes in the areas of marketing, quality assurance, environmental compliance, technology transfer, training and business skills provided by BIM. Local Leader groups may also assist new start-up companies with general mentoring and coaching as appropriate.

Fisheries Research.

John Perry

Question:

236 Mr. Perry asked the Minister for Communications, Marine and Natural Resources the salmon research agency roles; the benefit the information is to the salmon industry; and if he will make a statement on the matter. [29145/04]

A number of State agencies are involved in salmon research work under the aegis of the Department of Communications, Marine and Natural Resources.

Under the Fisheries Acts, primary responsibility for the conservation, protection and management of inland fisheries stocks rests with the Central and Regional Fisheries Boards. With regard to salmon research, the remit of the Central Fisheries Board is to carry out such research or experimental work as it considers necessary for the performance of its functions. As part of its remit, the board undertakes applied research and development in response to sectoral demands, the demands of the regional fisheries boards and as it sees fit itself. All the research carried out is of direct benefit to the fish and their ecology and to the stakeholders.

The Marine Institute was established in 1991 to support existing marine research, technology, development and innovation activity and to underpin future innovation and growth in the marine sector. The institute's salmon management services provide an integrated service in relation to sustainable salmon management, aquaculture, sea trout, eels, aspects of inshore fisheries, as well as commercial fishing and angling.

In July 1999, the Salmon Research Agency, SRA, was transferred to the Marine Institute and since then, the institute's salmon research effort has been concentrated at the former SRA research facility in Newport on the Burrishoole system in County Mayo. The Burrishoole system is one of the most important salmon index rivers in the North Atlantic and is one of only two in the island of Ireland. The Marine Institute carries out extensive research on a wide range of aspects of the Burrishoole system including stock dynamics of salmon, salmonid genetics; environmental and hydrological studies; catchment management studies as well as extensive research into the rearing of salmonids for stock enhancement, ranching and fish farming.

The Marine Institute's facilities comprise of a laboratory and administration block, freshwater hatchery and fish-rearing facilities, fish census trapping stations, a salmonid angling fishery and a comprehensively monitored freshwater lake and river catchment. The Newport research facility hosts a wide range of the institute's freshwater and inshore fisheries-based programmes and is also the centre for many national and international co-operative research and development programmes.

The National Salmon Commission, NSC, is a statutory advisory body established under the Fisheries (Amendment) Act 1999 to assist and advise the Minister for Communications, Marine and Natural Resources on the management of the national salmon resource. The commission includes representatives of the commercial fishing sector, the angling sector and other relevant stake holders and is advised in its work by its standing scientific committee. In recent years, its most important function has been to provide the Minister with the latest scientific advice on the level of wild salmon stocks and to advise him on the setting of a national total allowable catch, TAC, and quotas for the taking of salmon.

The salmon data gathered by all of these agencies is pivotal in the management of the species and in the setting of conservation limits and fishery targets aimed at ensuring the sustainable development of salmon as a commercial and recreational fishing resource. The salmon research work and advice provided by these agencies is extremely important in assisting the Minister for Communications, Marine and Natural Resources to implement the overriding objective of the Government which is to preserve the salmon resource in its own right and for the coastal and rural communities that it helps to support.

In this regard, it is the Government's belief that the current strategy of developing a sustainable commercial and recreational salmon fishery through aligning catches on the scientific advice holds out the strong prospect of a recovery of stocks and of a long term sustainable fishery for both sectors.

Marine Tourism.

John Perry

Question:

237 Mr. Perry asked the Minister for Communications, Marine and Natural Resources the plans he has to re-introduce the marine and natural resources tourism programme; if the 15 applications out of 60 evaluation which was carried out previously were approved; if he will fast track for redevelopment; if the €25 million fund be reinstated; and if he has brought the project to Government. [29146/04]

John Perry

Question:

248 Mr. Perry asked the Minister for Communications, Marine and Natural Resources his plans for marine tourism in the west, around the coasts of Clare, Galway, Mayo and Sligo; if he will consider the economic benefits of marine tourism and the potential for developing this industry; and his further plans for involvement of west and north-west key tourism stake holders in a joint venture to develop this huge industry. [29177/04]

I propose to take Questions Nos. 237 and 248 together.

Tourism development generally is a matter for the Department of Arts, Sport and Tourism and is supported under the tourism measure of the national development plan, which is administered by Fáilte Ireland. The national development plan also includes separate measures to assist rural development, culture and co-operation with Northern Ireland, all of which include provision for tourism-related development.

Due to this Department's expertise in marine access infrastructure through its responsibility for harbours and ports, it was decided that it would be appropriate for this Department to administer the sub-measure of the overall tourism measure that was aimed specifically at supporting tourism-related marine — estuarine access infrastructure, such as marinas. The scheme was launched in February, 2002 and as a result of the first call, 60 applications for funding were received. Of these, 15 were identified as eligible to go forward for further evaluation which would have been carried out by a project assessment committee with the assistance of consultants. This committee would have scored and ranked the eligible projects which would then have been submitted to the tourism product management board for approval or rejection.

The selection process had reached only the initial stage of assessment of eligibility when it became clear that, due to budgetary constraints, the necessary funding for the scheme would not be available in 2003. This resulted in the suspension of the scheme, and all applicants under the call were notified of the position in December 2002. The assessment of the first set of applications was not completed, and no second call has taken place.

Apart from the balance of the limited funding — €5.7 million in total — that was committed as a budget day adjustment to a small number of marine tourism projects outside the grant scheme, there are currently no plans to make available any direct funding for marine access infrastructure and it is unlikely at this stage that the marine tourism grant scheme will be reactivated within the term of the national development plan.

However, the Department contributes to the development of marine tourism by supporting the activities of the Marine Institute which undertakes a programme of research and development on the marine tourism and leisure sector. The institute, in collaboration with key agencies, has undertaken a number of marine tourism and leisure development initiatives at local and county level in the west and north west of Ireland. For example, development strategies have been prepared for Counties Donegal and Galway and at local level for the west Clare peninsula. These frameworks provide a blueprint for development which can be applied on a national scale.

As a result of framework for the development of tourism and leisure on the marine and inland waters of County Donegal, the institute supported the appointment of a full-time co-ordinator to develop the marine tourism and leisure sector in Donegal over a three year period. Water-based Tourism — A Strategic Vision for Galway, provided a strategic overview of Galway's current resources and identified the potential of a number of pilot water-based tourism and leisure development initiatives and included over 40 recommendations to enhance the potential of marine tourism development in County Galway. Special Interest Marine Tourism in the West Clare Peninsula presents a framework for development of the marine resource on a localised basis.

The Marine Institute is currently in the process of preparing a national strategy for the development of marine tourism and leisure 2005-10. This strategy will be developed following an extensive consultative process with Government, agencies, representative bodies and stake holders.

Ministerial Responsibilities.

John Perry

Question:

238 Mr. Perry asked the Minister for Communications, Marine and Natural Resources if he will report on his main responsibilities. [29147/04]

As Minister for Communications, Marine and Natural Resources, I am responsible for the performance of the functions that have been assigned to the Department of Communications, Marine and Natural Resources pursuant to the Ministers and Secretaries Acts 1924 to 1995. In addition to the communications, marine and natural resources functions, I am responsible for the energy and broadcasting portfolios.

Marine functions have been delegated to my colleague, Minister of State, Deputy Gallagher, in accordance with the Marine (Delegation of Ministerial Functions) (No. 2) Order 2004. The Minister of State and I are working closely together to deliver on the policy objectives and programme for government commitments set for the Department's sectoral areas. I have arranged for copies of the Department's current statement of strategy 2003-05 and annual report 2003 to be forwarded to the Deputy. Work is underway on the preparation of the new statement of strategy which will set out the strategic challenges and goals up to 2007.

Marine Safety.

John Perry

Question:

239 Mr. Perry asked the Minister for Communications, Marine and Natural Resources the plans he has for improved maritime safety; the most recent marine regulations; and if he will make a statement on the matter. [29148/04]

The maritime safety directorate in the Department was established in 2002. Since then a number of important initiatives have been taken, or are being taken to strengthen the maritime safety regime. A maritime safety Bill to provide the necessary powers to assist local authorities in adopting regulations against the improper use of certain fast powered craft such as jet skis in waters within their jurisdiction, is at an advanced stage. Work is currently underway on developing competency standards for skippers of domestic passenger ships and passenger boats with a view to introducing the necessary regulations in 2005.

The maritime safety directorate is also developing a registration system to enhance the safety of recreational craft. This new system will form part of an overhaul of the vessel registration process generally by the directorate, which will put safety at the centre of the process. A new safety code of practice on recreational craft has been recently published for consultation and I expect to introduce this code in 2005. In the fishing sector, the introduction of a safety code of practice for fishing vessels less than 15 m which is tied in to the licensing of fishing vessels by the sea fisheries administration division, is an important development in addressing the safety risks associated with this occupation.

There is ongoing development and monitoring of the maritime security regime to ensure that Irish vessels and port facilities remain fully compliant with the new security measures adopted in the wake of the events of 11 September 2001, thus ensuring the safety of passengers using Irish ports and vessels. Standards for all commercial sea-going vessels are developed and adopted at international level and the enforcement of all regulations governing the safety of vessels is a priority. My focus will be to continue to develop the maritime safety regime through a mixture of regulation and enforcement. A list of the most recent legislation introduced follows.

List of most recent statutory instruments for 2004 by SI number and title: SI 34 of 2004 European Communities (Passenger Ship) (Amendment) Regulations; SI 126 of 2004 European Communities (Merchant Shipping) (Training and Certification) (Amendment) Regulations 2004; SI 81 of 2004 European Communities (Vessel Traffic Monitoring and Information System) Regulations 2004; SI 259 of 2004 Merchant Shipping (Pleasure Craft) (Lifejackets and Operation) (Safety) Regulations 2004; SI 422 of 2004 European Communities (Recreational Craft) (Amendment) Regulations 2004; SI 413 of 2004 European Communities (Ship and Port Facilities) Regulations 2004; and SI 709 of 2004 Merchant Shipping (Ro-Ro Passenger Ship Survivability) (Amendment) Rules 2004.

Aquaculture Development.

John Perry

Question:

240 Mr. Perry asked the Minister for Communications, Marine and Natural Resources the reason for the slow uptake on the aquaculture development funding estimate provided on 31 December 2003 (details supplied); where funds were allocated; the present position of the fund; the plans he has to promote the fund. [29149/04]

The overall allocation of funding in the aquaculture development measures of the two regional operational programmes of the National Development Plan, NDP, 2000-2006 was €30.69 million on planned investment of €72.6 million. In the southern and eastern regional operational programme, 31 aquaculture projects have been approved for grant assistance of €10.4 million since the commencement of the programme on total investment of €23.36 million. These commitments were entered into in September 2001, April 2002, April and September 2003 and July 2004.

In the Border, midland and western regional operational programme, 66 aquaculture projects have been approved for grant assistance of €18.45 million since the commencement of the programme on total investment of €44.3 million. These commitments were entered into in October 2001, April 2002, April and September 2003 and July 2004.

The total commitments of public funding in the aquaculture development measure at national level is, allowing for de-commitments, estimated to be in the region of 83% in the southern and eastern region and 90% in the Border, midland and western region. The next call for aquaculture project applications will be made in early 2005. The total payments of NDP grants to aquaculture projects in 2003 amounted to €3.620 million. Payment of grants in any year depends on actual expenditure incurred by final beneficiaries.

Fishing Industry Development.

John Perry

Question:

241 Mr. Perry asked the Minister for Communications, Marine and Natural Resources his plans for a public health campaign promoting the benefits of eating fish and of a healthy lifestyle in view of a study by Norwegian scientists which has shown that eating farmed salmon brings immeasurable benefits to persons who have been diagnosed with coronary heart disease; and if he will make a statement on the matter. [29163/04]

Specific responsibility for health promotion rests with the Department of Health and Children, specifically the health promotion unit of that Department.

Bord Iascaigh Mhara is the State body with responsibility for fish marketing and promotion of seafood generally. BIM currently promotes the health benefits of fish consumption as part of its ongoing consumer education programme. In order to further the consumption of seafood in Ireland, BIM is undertaking a promotional programme focusing primarily on the health benefits of fish consumption, which will be officially launched by the Minister of State in January 2005.

Inland Fisheries.

John Perry

Question:

242 Mr. Perry asked the Minister for Communications, Marine and Natural Resources his plans to combat the spread of invasive water borne species that are damaging water environments, mainly in lakes and rivers in the west, and which are having a massive negative effect on tourism and angling; and if he will make a statement on the matter. [29164/04]

I presume the Deputy's question relates to the spread of the invasive exotic species more commonly known as the zebra mussel.

I understand that the zebra mussel is a small shellfish shaped like a marine mussel which grows to about two inches in length, lives in freshwater, is spread primarily by boats and can cause undesirable ecological effects which have potentially serious consequences for native species, fauna and flora.

I am advised that the lead in co-ordinating and introducing measures to deal with the threat posed by this particular species is being taken by the Department of Environment, Heritage and Local Government. As part of this approach, I understand that at the request of this Department, the Marine Institute has been carrying out a monitoring survey on the distribution of zebra mussels in Ireland in recent years. I am advised that the results of this survey have been made widely available and I have asked the Marine Institute to forward a copy of these results directly to the Deputy.

I am advised by the chief executive officer of the Western Regional Fisheries Board that the board has recently launched a zebra mussel control initiative in conjunction with Galway County Council. This initiative involves a major education drive to educate anglers of the risk posed by the possible introduction of this pest to western lakes and rivers from the waters already infested such as the Shannon and Erne systems.

While this initiative is welcome, it is clear that there is a greater need for the message to be publicised wider to ensure all water users clearly understand that boats and other equipment used on waters with zebra mussels should not on any account be used in un-infested waters. I can assure the Deputy that the State agencies under the aegis of the Department of Communications, Marine and Natural Resources will continue to work with the Department of Environment, Heritage and Local Government and the relevant local authorities in dealing with the threat posed by this species.

Harbours and Piers.

John Perry

Question:

243 Mr. Perry asked the Minister for Communications, Marine and Natural Resources when he will grant funding to the Bantry Harbour Board for much needed development of the pier and harbour; and if he will make a statement on the matter. [29165/04]

I refer the Deputy to the reply to Question No. 137 on 13 October 2004 and the reply to Question No. 95 on 21 October 2004 giving the up-to-date position in relation to the pier development proposed by Bantry Bay Harbour Commissioners, which I will now outline again.

On 6 September 2004 a meeting took place between the commissioners and the former Minister of State at the Department, Deputy Browne. Following the meeting, the Minister of State wrote to the commissioners setting out his understanding of the outcome of the meeting and of how to ensure that the dialogue between the Department and the commissioners can be progressed in the future on a positive basis. The letter reiterated that the interruption in the dialogue between the Department and the commissioners and the referral of the matter to the Attorney General was a direct consequence of the unilateral decision by the commissioners to sign a contract in March 2002 for the construction of the pier. This occurred while discussions with the Department on the viability of the project were ongoing.

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

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

Search and Rescue Service.

John Perry

Question:

244 Mr. Perry asked the Minister for Communications, Marine and Natural Resources if he will reconsider the decision to close the marine rescue co-ordination centre in Dublin; if his attention has been drawn to the fact that the British Commons Select Committee on Transport recently blamed continuing high marine casualty death rates on the closure of three UK marine rescue co-ordination centres; and if he will make a statement on the matter. [29166/04]

The decision to transfer the services of the marine rescue co-ordination centre from Dublin was taken on foot of a study of the coast guard undertaken by independent consultants, Deloitte & Touche. Reflecting advances in modern communications technologies, the consultants recommended that the coast guard should operate two control centres as opposed to the three centres that exist at present. This approach will have the effect of achieving significant cost savings, thus enabling other elements of the coast guard service to be developed, which in turn will lead to further improvements in our marine emergency response services nationally.

Coast guard management is continuing to examine all issues relating to the operation of the two centres going forward, including establishing what measures will be necessary to effect a smooth transfer from Dublin to the other two centres while ensuring that full co-ordination capability is maintained at all time. In this regard, the report of the House of Commons Transport Committee on the work of the maritime and coast guard agency, MCA, will inform the Department's consideration of the issues, including the observations of the MCA to the committee, together with relevant experience in this country and best practice elsewhere.

The objective is that the remaining two centres at Valentia and Malin Head will be developed to handle all emergencies around our coast on inland waters and in relation to mountain, cliff and cave rescue. Communications technology today is such that the geographical location of the co-ordination centres is less important now than in the past and, in this context, Government policies on decentralisation from Dublin are also relevant.

It is also a key objective that the capability of the coast guard to co-ordinate and manage incidents will not be diminished as a result of the closure of the Dublin rather than the Valentia or Malin Head centres, nor will the decision affect the very significant emergency response resources on the ground, which will remain available to the coast guard on a year-round 24-hour basis.

Fishing Industry Development.

John Perry

Question:

245 Mr. Perry asked the Minister for Communications, Marine and Natural Resources his plans for increased funding of the processing fish sector; his further plans to develop, promote and fund processing packaging and preservation which is much needed to increase sales in the home market and to abroad; if his attention has been drawn to the fact that it is not easy to distinguish between fish processed from farmed stock and fish from catches made at sea; and his plans for proper labelling in this regard. [29167/04]

A total of €1.5 million has been provided in the Estimates for 2004 in respect of seafood processing. This funding will assist a range of developments such as increased production, enhanced product quality, optimum use of raw material and improve competitiveness both nationally and abroad. I have ensured that a further significant allocation of funding in respect of this sector will be provided in the 2005 Estimates.

Since July 2003, in accordance with the requirements of Council Regulation No. 104/2000 (EC), a labelling system giving traceability information in respect of a wide range of seafood and aquaculture products has been in operation in Ireland under the terms of SI No. 320 of 2003. I presume the Deputy is referring to further developments in Community legislation in this area. Regulation (EC) 178/2002, which comes into effect on 1 January 2005, provides in broad terms for the introduction of a mandatory traceability system in respect of animal food and feed in general. A further five related regulations and directives, the most relevant of which come into effect on 1 January 2006, set out detailed requirements in this regard.

The precise implications of these new requirements for the various food sectors are currently under examination. My Department is liaising with the Department of Agriculture and Food and the Department of Health and Children so as to ensure that the necessary arrangements in respect of the seafood sector are developed and introduced on a co-ordinated basis within the comprehensive legal and practical framework that will apply to food in general.

Departmental Expenditure.

John Perry

Question:

246 Mr. Perry asked the Minister for Communications, Marine and Natural Resources the reason for the delay in the seaports measure of the NDP in respect of the seaport infrastructure and capacity development submeasure and the disengagement submeasure; the further reason for under-spending the Estimate provision of €3,140,000 and for the out turn of €473,000 in the year to 31 December 2003; and the position at November 2004. [29175/04]

The delay in the issue of letters of offer of grant aid under the seaport infrastructure and capacity development submeasure arose primarily due to lack of clarity regarding the availability of Exchequer funding over the duration of the regional operational programmes. To date, letters of offer have issued under this submeasure in respect of 12 projects with a total project cost of €81 million and grant aid of some €25 million. All but two of these projects relate to State port companies operating under the aegis of the Department. Exchequer funding in respect of these projects is allocated from the central fund rather than from the Vote of this Department.

To date, no letters of offer of grant aid have issued in respect of the disengagement submeasure which was targeted at harbour authorities operating under the aegis of this Department. The allocation of Exchequer funding to harbour authorities by the Department was reviewed in 2004. The engineering division of this Department prepared a schedule of priority works on the basis of public safety and maintenance of navigation criteria. To date, in 2004, approximately €1.4 million from the Vote of the Department has been allocated for these priority works which are currently underway.

In light of the significant time lapse since the original applications for grant aid under the disengagement submeasure and the need to allocate the scarce Exchequer resources available on the Vote of this Department to the priority works referred to above, it has not proved possible to issue any letters of offer of grant aid under the submeasure.

The saving in 2003, to which the Deputy refers, arose on the relevant subhead of the Vote of the Department due to the lack of progress on two projects approved under the infrastructure and capacity development submeasure and the absence of any projects approved under the disengagement submeasure. However, in 2003, more than €1.3 million was paid from the central fund in respect of infrastructure and capacity development projects related to State port companies.

Fishing Industry Regulations.

John Perry

Question:

247 Mr. Perry asked the Minister for Communications, Marine and Natural Resources the reason horse mackerel or scad can only be landed at two ports here; the further reason for the statutory instrument which makes it illegal to land at any port other than Rathmullen and Killybegs in Donegal; if his attention has been drawn to the fact that 400 tonnes of scad had been landed at Dingle port and that to bring scad by road from Donegal means a loss in quality and condition during transportation; and if he will make a statement on the matter. [29176/04]

The EU introduced new arrangements for the control of certain pelagic fisheries, namely, horse mackerel, mackerel and north west herring fisheries, in December 2003 which came into effect on 1 January 2004. The rules are set down in annex IV of Council Regulation 2287/03. These arrangements include the weighing in the presence of a controller of all quantities in excess of ten tonnes landed of each of these species.

The annex is implemented in Irish law by means of statutory instrument. During the course of the year, extensive consultations took place with industry representatives. The statutory instrument currently in place — SI No. 530 of 2004 — provides for landings at five designated ports, namely, Killybegs, Rathmullen, Dingle, Rossaveal and Castletownbere. All landings in these ports must be weighed by means of weigh-bridges located in the ports. Weigh-bridges have been installed in Killybegs, Rathmullen and Rossaveal. Work is near completion on the construction of a weigh-bridge in Castletownbere and I understand that work is also advanced on the installation of a weigh-bridge in Dingle. In implementing these new EU regulations, the Department has at all times consulted with the industry and has at all times attempted to deal in a practical manner with the difficulties raised by the annex. Together with the Department's officials, I will continue to work closely with the industry and the Commission in addressing the problems associated with the implementation of EU regulations.

Question No. 248 answered with QuestionNo. 237.

Communications Masts.

Damien English

Question:

249 Mr. English asked the Minister for Communications, Marine and Natural Resources the action he is taking to stop mobile phone antennae being built or placed adjacent to primary, secondary and third level education centres; his plans for future guidelines on the regulation of same; and if he will make a statement on the matter. [29263/04]

The Deputy has asked if I am taking specific action to stop certain installations. I am not taking such action, but am endeavouring to ensure that the public is not exposed to any significant risks due to the presence of such installations.

Ireland participates in a number of international bodies which undertake detailed programmes of research into interactions between electromagnetic energy and people. The latest reports from this work were tabled at a meeting in Slovenia earlier this month. These reports conclude that, notwithstanding many years of investigation, no adverse health effects have been demonstrated to be caused by electromagnetic energy emitted by telecommunication masts. I appreciate that some people still maintain that these facilities are responsible for various symptoms and illnesses that they suffer. I sympathise with those people.

The overwhelming weight of evidence is that facilities such as mobile base stations are not responsible for their condition. Focused research is continuing and my Department will monitor this area closely. Ireland also participates in the relevant bodies that monitor and set guidelines for limiting exposure to electromagnetic energy from such installations. These bodies continuously review the relevant research already referred to and periodically meet to decide whether or not the guidelines continue to be appropriate in the light of the most up-to-date reports. I can report that my Department has endorsed these guidelines as continuing to offer protection to the public. These guidelines are utilised as operating limits in the licences issued to the operators of telecommunications facilities and measurements carried out on behalf of ComReg, the telecommunications regulator, have shown total compliance with the limits. I have no plans to alter this approach to the utilisation of guidelines for the purpose of regulation.

Therefore, I am advised that there is no reason due to adverse health effects for me to act in terms of taking action to stop mobile phone antennae being built or placed adjacent to education centres. In general, issues relating to the physical siting of telecommunication masts are not a matter for me but for the relevant local authorities under the aegis of my colleague, the Minister for the Environment, Heritage and Local Government.

Telecommunications Services.

Damien English

Question:

250 Mr. English asked the Minister for Communications, Marine and Natural Resources the details of the availability of broadband, for both data and voice lines, for each of the exchanges and areas in County Meath; and if he will make a statement on the matter. [29264/04]

The provision of telecommunications services, including voice and broadband, is a matter in the first instance for the private sector companies operating in a fully liberalised market, regulated by ComReg, the Commission for Communications Regulation. The information requested should be sought directly from Eircom. The Deputy should also refer to www.broadband.gov.ie regarding the availability of broadband generally in County Meath.

Offshore Exploration.

Martin Ferris

Question:

251 Mr. Ferris asked the Minister for Communications, Marine and Natural Resources if undertakings have at any stage been given to companies involved in petroleum exploration that the terms and conditions and fiscal regime introduced in 1992 will never be altered. [29433/04]

I can categorically state that I am not aware and can find no evidence of any such undertaking given either by my predecessors in this job or by officials of the Department.

I refer the Deputy to a speech given by my predecessor, Deputy Fahey, at the annual dinner of the Institute of Petroleum in November 2000 when he undertook to keep the licensing terms and conditions under continuing review. While I may decide on the payment and level of royalties, the level of taxation to be applied to this sector is a matter for the Minister for Finance. I would point out that the Finance Act 1992, provided for a tax rate for the upstream petroleum sector, after allowances, of 25% when the general rate for corporation tax was at least 40%. Today the general rate for corporation tax is 12.5% while the rate for the upstream petroleum sector remains at 25%.

Execution of Irish Born Soldiers.

Billy Timmins

Question:

252 Mr. Timmins asked the Minister for Foreign Affairs the discussions he has had with his British counterpart with a view to obtaining a pardon for Irish persons who were executed in the First World War as members of the British Forces for alleged breach of military law; and if he will make a statement on the matter. [29425/04]

My officials met with the British Ministry of Defence in London on 6 February 2004 to discuss the 26 Irish born soldiers who were executed by the British Army during the First World War for alleged breaches of military law. At that meeting it was agreed that the British side would forward the courts martial case files for the Irish men in question and that in response we would formally set out our position in writing.

Following a thorough evaluation of the case files, which we received in April, and the consideration of extensive supplementary information provided by a number of sources, the Embassy of Ireland, London, submitted a report on this matter on 27 October 2004 to the Foreign and Commonwealth Office on my behalf.

None of the men was charged with what would be viewed as the most serious of military crimes, such as treacherously deserting to the enemy, or mutiny. In fact, public and parliamentary dissatisfaction with the number and manner of military executions during World War I was such that the death penalty was repealed for the military offences under which each execution took place only ten years after the war had ended. In addition, there is evidence to suggest a disparity in the treatment of lower ranks in comparison to officers, statistical evidence that highlights a harsher disciplinary regime faced by men from Ireland in comparison to men from other countries and numerous references to the need for an example to be made when sentencing was being considered. The report concludes that the cumulative effect of the issues raised therein casts serious doubt on the safety of these courts martial convictions and subsequent executions.

We have, therefore, asked the British Government to consider our report with a view to granting these men retrospective pardons. The British response in this regard is awaited.

Overseas Development Aid.

Charlie O'Connor

Question:

253 Mr. O’Connor asked the Minister for Foreign Affairs if he will report on his recent meeting with the Minister for Finance of Lesotho; the plans for further aid to the country; and if he will make a statement on the matter. [28746/04]

Lesotho is the longest established of Development Co-operation Ireland's bilateral country programmes. As in other countries where Ireland operates a bilateral programme, the primary focus of our development efforts in Lesotho is on improving services which directly benefit the poor — basic education, primary health care, HIV/AIDS, rural access, rural water and sanitation. We are also engaged in strengthening the quality of governance in Lesotho and in supporting the public sector reform programme. A recent external evaluation of the country programme highlighted the positive impact that support from Development Co-operation Ireland has had in Lesotho.

Development Co-operation Ireland works in close partnership with government ministries and civil society organisations in the implementation of the Lesotho country programme. The Ministry of Finance and Development Planning is a key partner ministry. The Minister for Finance and Development Planning, Dr. Tim Thahane, visited Ireland on 7 to 9 October 2004. My meeting with him on 7 October provided an opportunity for an exchange of views on a range of issues central to our development partnership. In particular, we discussed our future support for Lesotho's reform and modernisation programme and considered how best Ireland can help the government to lead a comprehensive response to the HIV/AIDS crisis which is causing such suffering in Lesotho.

Dr. Thahane used his visit to explore Ireland's recent economic success and examine the possible lessons for a small country like Lesotho seeking to make itself more attractive to international business as a target for foreign direct investment. Meetings were held with the IDA, Enterprise Ireland, IBEC and the International Financial Services Centre. The Minister, Dr. Thahane, also met the Dáil Committee of Public Accounts and discussed the potential for closer contact between it and its counterpart in Lesotho. The visit enhanced the good relations which exist between our two countries and built on the successful visit to Lesotho by a delegation from the Oireachtas at the end of last year.

Foreign Conflicts.

Charlie O'Connor

Question:

254 Mr. O’Connor asked the Minister for Foreign Affairs if he is monitoring the developing crisis in Palestine; the contacts with interested parties; and if he will make a statement on the matter. [28747/04]

I am, of course, monitoring the developing situation in the region and, in concert with Ireland's partners in the European Union, maintaining contact with the parties. I expect to meet representatives of both the Palestinian and Israeli Governments at the EuroMed ministerial meeting in the Hague on 29 November. I will continue to press upon both parties our view that the resolution of the Israel-Palestine conflict can best be pursued through the quartet road map, based on two sovereign states living side by side in peace and security.

Richard Bruton

Question:

255 Mr. R. Bruton asked the Minister for Foreign Affairs the Government’s position regarding the settlement of Palestinian areas by Israel and the erection of a dividing wall in the occupied territories; the position that Ireland has taken at the UN in respect of resolutions to restrict the activities of Israel; the status of these resolutions; the Government’s position on proposals by Israel for limited withdrawal; and if he will make a statement on the matter. [28849/04]

The Government has consistently taken the view that the settlements established in the occupied Palestinian territories of the West Bank and Gaza by the Israeli authorities are illegal. Any changes to the pre-1967 borders must be agreed by the parties.

As regards the Israeli separation barrier, Ireland acknowledges the right, indeed the responsibility, of the Israeli Government to protect its people, including, if it so wishes, by a security fence. Our objection to the fence is to the line that it takes. The construction of the fence within the occupied Palestinian territories is contrary to international law. In the short term, the current line of the fence divides Palestinian communities and creates severe hardship for them. Equally troubling is the long-term impact, which tends to perpetuate facts on the ground and make it more difficult to reach a final settlement. The Israeli authorities are well aware of the Government's views on this matter.

With regard to the proposed Israeli withdrawal, the EU has identified criteria that are essential to make such a withdrawal acceptable to the international community. It must take place in the context of the road map, 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.

Ireland and the EU have repeatedly reaffirmed these positions, including in our statements at the United Nations and most recently through my predecessor's address to the UN General Assembly on 22 September 2004, as well as during our time on the Security Council. The UN has adopted a large number of resolutions on these issues over the years and Ireland has consistently supported those resolutions which reflected the positions I have set out. I note, in particular, our support for the UN General Assembly resolution adopted in July this year by an overwhelming majority in response to the International Court of Justice advisory opinion on the separation barrier.

International Agreements.

Breeda Moynihan-Cronin

Question:

256 Ms B. Moynihan-Cronin asked the Minister for Foreign Affairs if Ireland is a signatory to the international covenant on migrants’ rights; the requirement it must meet to fulfil its commitment thereunder; if Ireland is not a signatory, the reason therefor; and if he will make a statement on the matter. [28850/04]

Ireland is not a signatory to the International Convention on the Protection of the Rights of all Migrant Workers and Members of their Families. The convention was adopted by the UN General Assembly in December 1990 and it entered into force on 1 July 2003, following ratification by the requisite number of states, that is, 20. The convention on migrant workers has been open for signature and ratification since December 1990 but, to date, only 27 states have ratified it. No European Union member state has as yet signed or ratified the convention, nor has any indicated an intention to do so.

Where Ireland wishes to ratify an international instrument, the Government must first ensure that our domestic law is in conformity with the agreement in question. The Government must, therefore, make any necessary legislative changes, or be satisfied that none is required, before ratification takes place. As signature of an instrument is an indication of an intention to ratify it, the Government would consequently also have to have a firm intention to ratify, and be taking steps to do so, before signing an international instrument.

The convention on the rights of migrant workers has been examined by my Department. It would appear that in order for Ireland to ratify the convention, significant changes would have to be made across a wide range of existing legislation, including legislation addressing employment, social welfare provision, education, taxation and electoral law. These changes would also have implications for our relations with our EU partners, none of whom has signed or ratified the convention, and possibly for the operation of the common travel area between Ireland and the UK. There are no plans at present to introduce the changes in the areas above which would be necessary before Ireland could ratify or consider signing the convention.

Moreover, the convention on the rights of migrant workers has not acquired universal recognition as a standard for the protection of the human rights of migrant workers. It should also be noted that the rights of migrant workers and their families are already comprehensively protected under existing national legislation and under the Irish Constitution. In addition, the rights of migrant workers and their families are addressed by Ireland's commitments under international human rights instruments to which the State is already a party. These international instruments include, for example, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights.

Human Rights Issues.

Bernard Allen

Question:

257 Mr. Allen asked the Minister for Foreign Affairs the number of human rights violations registered to date in 2004 with the human rights desk in his Department in the case of Iran. [28851/04]

Bernard Allen

Question:

258 Mr. Allen asked the Minister for Foreign Affairs the number of human rights violations registered to date in 2004 with the human rights desk in his Department in the case of Iraq. [28852/04]

Bernard Allen

Question:

259 Mr. Allen asked the Minister for Foreign Affairs the number of human rights violations registered to date in 2004 with the human rights desk in his Department in the case of Sudan. [28853/04]

Bernard Allen

Question:

260 Mr. Allen asked the Minister for Foreign Affairs the number of human violations registered to date in 2004 with the human rights desk in his Department in the case of Burma. [28854/04]

Bernard Allen

Question:

261 Mr. Allen asked the Minister for Foreign Affairs the number of human violations registered to date in 2004 with the human rights desk in his Department in the case of Israel. [28855/04]

Bernard Allen

Question:

262 Mr. Allen asked the Minister for Foreign Affairs the number of human violations registered to date in 2004 with the human rights desk in his Department in the case of Palestine. [28856/04]

I will take Questions Nos. 257 to 262, inclusive, together.

While my Department continually monitors the overall human rights situation in certain countries we do not maintain national registers of individual violations of human rights. We do, however, pay particular attention to the human rights records of all the countries mentioned by the Deputy.

In common with our EU partners, the Government has tabled resolutions at the third committee of the UN General Assembly and at the UN Commission for Human Rights on several of the countries mentioned and, in the context of EU common foreign and security policy, has strongly promoted the advancement of human rights policies in those countries. In addition, we pursue a vigorous policy in defence of human rights defenders. Through this policy, we seek to create a space in which those best placed to advance human rights on the ground can work to best effect.

My Department, through the Government's overseas development aid programme, also supports human rights and democratisation programmes globally through various funding schemes. The main funding mechanism is our human rights and democratisation scheme, which has the broad objective of assisting the development of democratic processes and institutions and the promotion and protection of human rights in developing countries outside of our priority programme countries. In 2004, our total allocation for this purpose was €3 million.

In the case of the countries mentioned by the Deputy, Ireland has been funding, on a regular basis, human rights and democratisation NGOs in Palestine, Israel, Burma and Sudan.

Foreign Conflicts.

Aengus Ó Snodaigh

Question:

263 Aengus Ó Snodaigh asked the Minister for Foreign Affairs the steps he has taken to secure the release of a person (details supplied). [29076/04]

The Government has been doing everything possible in response to Annetta Flanigan's abduction on 28 October last. We are in active ongoing contact with the United Nations, both in New York and Kabul, and, of course, with Annetta's family. We have also discussed the situation on a number of occasions with Archbishop Eames, who is a great source of support to the family.

Human Rights Issues.

Jim O'Keeffe

Question:

264 Mr. J. O’Keeffe asked the Minister for Foreign Affairs his views on Ireland’s attitude to the treatment of members of the Falun Gong in China; if this attitude has been made clear to the Government of China; and the steps that have been taken through the EU, the UN and otherwise regarding the treatment of members of the Falun Gong by the Government of China. [29078/04]

The Government takes seriously concerns about human rights in China, including those of practitioners of Falun Gong, also known as Falun Dafa. The issue of the treatment in China of practitioners of Falun Dafa has been raised both bilaterally and through the formal framework of the EU-China Human Rights Dialogue, which was established in 1996.

This matter is also addressed at the UN level. At the UN Commission on Human Rights in March 2004 during Ireland's EU Presidency, the EU made a statement on the question of the violation of human rights and fundamental freedoms in any part of the world. In this statement, while reaffirming its commitment to the EU-China Human Rights Dialogue, the EU raised issues of particular concern, including ongoing violations in China of the human rights of Falun Dafa practitioners.

During the EU Presidency and since, we have had several meetings with China at which we also raised the issue of the human rights situation. The Chinese Premier, Mr. Wen Jiabao, accompanied by Foreign Minister, Mr. Li Zhaoxing, visited Ireland on 11-12 May 2004, as part of his first official visit to Europe. On 11 May, official talks led by the Taoiseach took place in Dublin.

At this meeting, both sides expressed their ongoing commitment to the EU-China Human Rights Dialogue. The Human Rights Dialogue is the formal framework through which the EU raises its concerns about individual human rights cases, including those of Falun Gong practitioners, and more general issues, such as the protection of freedom of religion and expression, which have a particular impact on practitioners of Falun Gong. We emphasised that Ireland is willing to share our experience and expertise with China on human rights. The premier also reported on the measures his government is taking in the field of human rights, which included the addition of an express provision on human rights to China's constitution earlier this year.

Since the Presidency, the Government continues 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 was conveyed to the Chinese authorities by the Taoiseach during his bilateral discussions with Premier Wen when they met in the margins of the ASEM summit in Hanoi, on 9 October 2004 and, most recently, to Chinese Vice-Premier, Mr. Huang Ju, during his current visit to Ireland, from 16 to 18 November 2004. During our meeting with the Vice-Premier, we reiterated Ireland's commitment to the protection and promotion of human rights and fundamental freedoms and again emphasised Ireland's willingness to share its experience and expertise with China in the human rights area.

Overall, there has been an improvement in the human rights situation in China since 1989, which is reflected in the increasing frequency of EU-China meetings, the regular EU-China Human Rights Dialogue and by the first joint seminar which took place in Beijing in June 2004 on China's ratification of the International Covenant on Civil and Political Rights, ICCPR. The early ratification of the ICCPR would be an important development in the legal protection of the civil and political freedoms of Chinese citizens, including followers of Falun Gong. A further seminar on ICCPR ratification took place in The Hague on 8-9 November 2004.

Nevertheless, legitimate concerns persist in Europe and there is ample scope for the Chinese authorities to further demonstrate their stated commitments on improving respect for human rights.

Ireland, together with our EU partners, will continue to encourage the Chinese authorities to respect fully the human rights of all citizens. There will be further discussion of these matters during the EU-China summit, scheduled to take place in The Hague on 8 December 2004.

Ministerial Appointments.

Bernard J. Durkan

Question:

265 Mr. Durkan asked the Minister for Foreign Affairs if any new advisers or consultants have been appointed by him since the Government reshuffle of September 2004; if such appointments are replacements for or are in addition to previous appointments; the salary and terms of employment in each case; and if he will make a statement on the matter. [29120/04]

In my capacity as Minister for Foreign Affairs I have appointed a special adviser and a press adviser, both of whom were attached to my office in the Department of Communications, Marine and Natural Resources. The terms and conditions of employment of advisers are set by the Minister for Finance. The contracts of my special adviser and press adviser will terminate no later than the date on which I cease to hold the position of Minister for Foreign Affairs. My special adviser is paid an annual salary of €76,544 and my press adviser is paid €84,684. These are, respectively, the third point and the first long service increment point of the principal officer standard salary scale.

Northern Ireland Issues.

Aengus Ó Snodaigh

Question:

266 Aengus Ó Snodaigh asked the Minister for Foreign Affairs the representations he has made to the British Government regarding the recent abuse of CS gas by the PSNI in Derry and elsewhere. [29139/04]

On each occasion in which CS spray is deployed by the Police Service of Northern Ireland, the matter is automatically referred to the Police Ombudsman's Office for investigation under regulation 55(4) of the 1998 Police Act. This practice was voluntarily instigated by the PSNI in an effort to ensure that CS spray, in its initial period of use, is open to independent scrutiny and analysis in terms of the actions of individual officers when deploying the spray.

At present, there are a number of cases of CS spray use by the PSNI under consideration by the Ombudsman's office, at differing stages of investigation. I am confident that the Police Ombudsman is conducting a thorough investigation of the instances of CS spray use in Northern Ireland and I await her conclusions with interest. My officials are closely monitoring the outcome of these investigations, paying particular attention to any recommendations or concerns highlighted by the Police Ombudsman, for follow up with the British Government as and when it is appropriate to do so.

Prevention of Terrorism.

Bernard J. Durkan

Question:

267 Mr. Durkan asked the Minister for Foreign Affairs, further to Parliamentary Question No. 177 of 10 November 2004 and in view of the fact that the incident in question was discussed publicly in the media, if he has received assurances from the UK authorities which adequately clear up the incident; if an indication has been given regarding whether the Prevention of Terrorism Act 2000 is likely to similarly affect other Irish persons travelling to the UK; if he has had discussions with the UK authorities with a view to establishing accepted practices and procedures to deal with such cases; if, as is indicated by his reply, such matters will be dealt with on a confidential basis by the Irish and British authorities; if, in such circumstances, he has satisfied himself that the public interest is best served and that the interests and rights of Irish citizens will be observed and borne in mind in the event of any recurrence; and if he will make a statement on the matter. [29275/04]

As I indicated in my reply to Question No. 177 of 10 November, the case to which the Deputy referred is under discussion with the British authorities. Following a meeting with that individual, my officials have reverted to the British authorities and have sought a meeting to discuss this case and the broader issues of concern to which it gives rise.

With regard to the more general question as to whether the Terrorism Act 2000 is likely to similarly affect other Irish citizens travelling to the UK, the Deputy is aware that the Act does allow for all travellers from any country entering the UK to be stopped, searched and examined. In monitoring the application of these provisions what we are seeking to establish is that the powers are exercised in a way which reflects the fact that the vast majority of travellers have no connection whatsoever with terrorism and as such are entitled to expect that any inconvenience to them and disruption to their travel will be kept to the absolute minimum. Travellers also have a right to expect that all stops and searches are carried out with courtesy, consideration and respect for the person concerned.

From time to time my Department receives correspondence from people who wish to complain at their treatment under the Terrorism Act. It is normal practice that each case is followed up with the British authorities and the official response is conveyed to the person concerned. My officials note and analyse any trends or recurrence of problems. As and when appropriate, these are taken up separately with the British authorities as part of the general overview maintained on the operation of the Act.

European Constitution.

Michael Ring

Question:

268 Mr. Ring asked the Minister for Foreign Affairs his views on whether it is fair and in order to produce and make available brochures on the European Constitution when there will be a referendum in this regard; his further views on whether this will create an imbalance in the information given out; and if he will make a statement on the matter. [29426/04]

Michael Ring

Question:

269 Mr. Ring asked the Minister for Foreign Affairs the total cost of producing and circulating the brochure, The European Constitution, Explanatory Guide in both Irish and English. [29427/04]

I propose to take Questions Nos. 268 and 269 together.

It is entirely appropriate for the Government to publish information material on the European Constitution and to distribute it widely. Equivalent factual material has been produced about every previous major EU treaty. We have a duty to do all we can to promote public awareness of the European Constitution and of its provisions. This is a quite separate question from the public funding of advocacy campaigns during a referendum, which is of course prohibited.

While final details are not yet available, printing, design and translation costs in regard both to the explanatory guide to the European Constitution and the related pamphlet are estimated at €37,000; advertisements in all national daily and Sunday newspapers advising the public of their availability are estimated at €25,000; and postage costs are estimated at €9,000.

Departmental Correspondence.

Tony Gregory

Question:

270 Mr. Gregory asked the Minister for Arts, Sport and Tourism if he will reply to correspondence to his office from a person (details supplied) in County Westmeath. [29256/04]

A comprehensive reply, which set out the position in respect of coursing, including the annual monitoring arrangement in place for coursing, was issued to the person in question on 15 January 2004.

National Aquatic Centre.

Kathleen Lynch

Question:

271 Ms Lynch asked the Minister for Arts, Sport and Tourism if his attention has been drawn to the concerns of persons with disabilities regarding the lack of adequate facilities for disabled persons at the newly opened national aquatic centre (details supplied); if he has satisfied himself that the centre conforms with all aspects of the Equal Status Act 2000; and if he will make a statement on the matter. [29025/04]

I have been made aware of the concerns regarding facilities for people with disabilities at the National Aquatic Centre. Campus and Stadium Ireland Development Limited, CSID, the company responsible for overseeing the National Aquatic Centre, has confirmed that all requirements under disability legislation were met in the course of the provision of this facility. I understand consultation took place between the providers and certain representatives of disability groups at the outset of the project. I am anxious to ensure that access to these splendid facilities is available to all. I have recently requested the board of CSID to investigate what further work could be carried out to meet the requirements of the group that have raised concerns regarding accessibility to the National Aquatic Centre.

Sport and Recreational Development.

Jack Wall

Question:

272 Mr. Wall asked the Minister for Arts, Sport and Tourism the number of meetings he has had with the FAI in regard to the implementation of the Genesis report; the results of such meetings; and if he will make a statement on the matter. [29026/04]

As I outlined to the Deputy in reply to a previous parliamentary question on 10 November 2004, I met officials of the Football Association of Ireland on 3 November 2004 arising from the recent developments within the organisation which resulted in the departure of its chief executive officer. I have had no further meetings with the FAI since then.

I fully support the delivery of the reform agenda mapped out in the Genesis report and I have indicated to the FAI that the positions of chief executive and director of finance and administration should be publicly advertised by the end of this year and that the terms of reference for both these posts be agreed beforehand by the joint Sports Council-FAI group which oversees the implementation of the Genesis report. The FAI has stated that it now intends to advertise these positions by year end. I have appointed my own representative to the joint Irish Sports Council- FAI liaison group which is overseeing the reform process. I look forward to working closely with the FAI in the many infrastructural projects which are being developed and which will have a major positive impact on Irish soccer.

Ministerial Appointments.

Bernard J. Durkan

Question:

273 Mr. Durkan asked the Minister for Arts, Sport and Tourism if any new advisers or consultants have been appointed by him since the Government reshuffle of September 2004; if such appointments are replacements for or are in addition to previous appointments; the salary and terms of employment in each case; and if he will make a statement on the matter. [29121/04]

There have been no new advisers or consultants appointed by me since the Government reshuffle in September 2004.

Swimming Pool Projects.

Emmet Stagg

Question:

274 Mr. Stagg asked the Minister for Arts, Sport and Tourism the position regarding the approval of contract documents for the replacement of a swimming pool (details supplied) in County Kildare. [29290/04]

In the context of its application for grant aid under the local authority swimming pool programme, Kildare County Council has submitted contract documents for both the replacement swimming pool in Naas and the refurbishment of the swimming pool in Athy. These documents are under consideration in my Department. These projects are two of 33 swimming pool projects yet to be completed under the programme. A total of 22 projects have been completed or are currently under construction.

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 respect of 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.

Work Permits.

Paul Connaughton

Question:

275 Mr. Connaughton asked the Minister for Enterprise, Trade and Employment when a decision will be given on a new work permit application for a person (details supplied); and if he will make a statement on the matter. [29240/04]

There is no record in my Department of a valid work permit application in this case. Work permit applications, which are incorrect or incomplete, are not regarded as valid applications and are returned to the employer for completion.

Charitable Organisations.

Pat Rabbitte

Question:

276 Mr. Rabbitte asked the Minister for Enterprise, Trade and Employment if his attention has been drawn to allegations that a charitable organisation (details supplied) filed false and incomplete documentation in the Companies Registration Office for two successive accounting years, 1998 and 1999; the reason it was decided to take no action on the matter; and his views on whether the statutory obligation to seek proper and complete documentation from the charitable organisation and to institute prosecutions when considered necessary appears to have been ignored by agencies under his aegis; and if he will make a statement on the matter. [28646/04]

I understand that the matters referred to by the Deputy concern compliance with company law. Since 28 November 2001, the Director of Corporate Enforcement has been responsible for enforcing and for securing compliance with the Companies Acts. He is required under the Company Law Enforcement Act 2001 to be independent in performing those functions. He is also obliged, as a general principle, to keep confidential any information obtained by him in that context. I am not in a position to say, therefore, whether or not any investigation has been or is being carried out by the Office of the Director of Corporate Enforcement in regard to this organisation.

Community Employment Schemes.

Joe Costello

Question:

277 Mr. Costello asked the Minister for Enterprise, Trade and Employment if he will mainstream the community employment scheme for an association (details supplied); if he will increase the number of community employment posts from the current number of 341 to 417; the number agreed with the association in 2002; and if he will make a statement on the matter. [28704/04]

Michael Ring

Question:

283 Mr. Ring asked the Minister for Enterprise, Trade and Employment the plans he has to ring-fence community employment numbers agreed in 2002 in the health sector; and the progress that has been made in this matter to date. [28931/04]

Michael Ring

Question:

284 Mr. Ring asked the Minister for Enterprise, Trade and Employment when the commitment to mainstream the IWA community employment scheme posts, as included in the programme for Government in June 2002 will be honoured; and if he will make a statement on the matter. [28932/04]

Michael Ring

Question:

285 Mr. Ring asked the Minister for Enterprise, Trade and Employment the plans he has to ensure that all IWA community employment posts are graded and paid similar to other health care workers such as home helps; and if he will make a statement on the matter. [28933/04]

Brian O'Shea

Question:

286 Mr. O’Shea asked the Minister for Enterprise, Trade and Employment the proposal he has regarding the concerns of a movement (details supplied); and if he will make a statement on the matter. [28934/04]

Jack Wall

Question:

288 Mr. Wall asked the Minister for Enterprise, Trade and Employment his views in respect of a submission (details supplied); and if he will make a statement on the matter. [29049/04]

I propose to take Questions Nos. 277, 283 to 286, inclusive, and 288 together.

Following consultation with the social partners and key stakeholders, I undertook a review of the current policy on the operation of FÁS employment schemes, which comprise community employment, CE, schemes jobs initiative, JI, and social economy programmes, SEPs. On foot of this review, I announced on 10 November 2004 that: in 2005 there will be 25,000 places on CES, JI and SEPs; that the three-year cap will be removed for CE participants aged over 55 — this category of participants will be eligible to participate on CE for a maximum of six years and in the case of people advancing beyond 55 years during their normal period of service on CE, participation can be extended for up to a maximum of six years; and that the current ring-fencing of essential services particularly health related services will be maintained. These arrangements will be of particular benefit to the Irish Wheelchair Association and the Grow Community Mental Health Movement as regards the provision of carers.

Whereas I have no plans to mainstream health related CE services, the continuance of ring-fencing and the extended participation on CE by older workers will help to secure the continuity of community services generally and will ensure that the existing community service support framework will be maintained.

County Enterprise Boards.

Paul Kehoe

Question:

278 Mr. Kehoe asked the Minister for Enterprise, Trade and Employment the grants that are available to a person looking to start a small business in County Wexford; and if he will make a statement on the matter. [28711/04]

The 35 city and county enterprise boards which were established nationally in 1993 provide a source of support for small businesses with ten employees or fewer. The function of the boards is to develop indigenous enterprise potential and to stimulate economic activity at local level. The boards provide a single point of contact at local level for new and established small businesses. Subject to certain eligibility criteria, enterprises may qualify for support from the CEBs in the form of feasibility, employment and capital grants. In addition, the CEBs deliver a comprehensive range of development and support programmes designed to help new and existing enterprises to operate effectively and efficiently so as to last and grow.

I suggest that the person concerned should, in the first instance, contact Wexford County Enterprise Board, 16-17 Mallin Street, Cornmarket, Wexford — telephone, 053-22965, or fax, 053-24944 — and explore what level of assistance may be available to them.

Work Permits.

Jim O'Keeffe

Question:

279 Mr. J. O’Keeffe asked the Minister for Enterprise, Trade and Employment if, following consideration of the appeal lodged, a work permit will be granted to a person (details supplied); and if he will make a statement on the matter. [28727/04]

A work permit issued to the employer on 11 November, 2004.

Employment Levels.

Charlie O'Connor

Question:

280 Mr. O’Connor asked the Minister for Enterprise, Trade and Employment the latest employment figures for Tallaght; the comparison with the same month ten years ago; and if he will make a statement on the matter. [28743/04]

Forfás, the enterprise, science and innovation policy advisory agency under my Department, undertakes an annual survey to monitor full and part-term employment in companies assisted by the enterprise development agencies. As this data is published on a county basis, no information is available at sub-county level such as city or town. However data from the 2002 census indicates that in Tallaght, 27,620 citizens were recorded in employment. The corresponding figure from the 1991 census for Tallaght was 17,280.

The Dublin operations of the enterprise support agencies are actively working to promote inward investment to enterprise parks around Tallaght and to encourage indigenous enterprise grow their businesses and expand employment opportunities. The Tallaght area has a large reservoir of talent and human resources. My Department's agencies will maintain their emphasis on supporting companies in the area in order to maximise the enterprise and job opportunities that economic growth can deliver.

To help address some specific social disadvantages experienced around Tallaght, Enterprise Ireland has provided grant assistance to encourage local enterprise through four community enterprise centres, that is, at Main Road, Bolbrook, Brookfield and Killinarden. In addition, the south Dublin county enterprise board has approved €125,300 to seven Tallaght based clients with a potential for 25 additional jobs in these projects. The south Dublin board has a priority in helping and advising enterprise promoters and the unemployed from disadvantaged areas both in Tallaght and Clondalkin.

Increasing the rate of technology adoption in small and medium enterprises is essential to increase productivity and give small firms the edge in competitiveness. To this end, Enterprise Ireland is also working with Tallaght Institute of Technology to develop industry-third level partnerships.

Job Losses.

Joe Sherlock

Question:

281 Mr. Sherlock asked the Minister for Enterprise, Trade and Employment the position regarding a new IDA Ireland industry for Mitchelstown, County Cork, as an alternative to job losses at a company (details supplied); if he has requested IDA Ireland to become involved in presenting a case for the Mitchelstown region; the progress being made; and if he will make a statement on the matter. [28796/04]

The importance of Dairygold as an employer in Mitchelstown and the entire north Cork area is recognised by me and IDA Ireland. We are conscious of the implications of the job cuts announced recently by the company in line with the company's restructuring plans. My recent visit to Mitchelstown is testament to my very real interest in the situation in the town.

A new BES building, 2,072 sq. m. in size, has been completed in Mitchelstown and IDA Ireland has been marketing it through its network of overseas offices and project divisions, particularly engineering, ICT and international services. There have been two site visits to date, the most recent being in August 2004. However, no client interest has been expressed in the facility as yet. IDA Ireland will continue to actively market the BES facility in Mitchelstown to potential clients from a complete range of IDA Ireland target sectors in either manufacturing or international services through its project divisions and overseas offices. However, it is always the client company that makes the final decision on where it will locate.

For operational reasons, IDA Ireland markets north Cork as one area which includes Charleville, Newmarket, Kanturk, Mallow, Millstreet, Fermoy and Mitchelstown. In this context, IDA Ireland is developing a new business and technology park in Fermoy, some ten miles from Mitchelstown. IDA Ireland has purchased a 20 acre site on the outskirts of Fermoy where site development works and landscaping have been completed at a cost of approximately €1.5 million. It is IDA Ireland's intention to seek proposals from private developers for the construction of a suitable office building on the park. It is intended that this building will be available mainly for inward investment purposes by qualifying manufacturing and internationally trading services companies. In addition, IDA Ireland is also actively marketing the Fermoy business and technology park as a suitable location for potential greenfield projects. It is anticipated that the future employment opportunities generated at the business and technology park in Fermoy will also benefit the Mitchelstown area and north Cork.

From an inward investment perspective Mitchelstown, due to its proximity to Cork city, also stands to benefit from the continued development in the Cork area where, during the past ten years, direct employment in IDA Ireland supported companies in Cork city and county grew from 10,345 in 1993 to 18,162 in 2003. The sectors contributing to this growth are ICT, pharmaceuticals-health care and international services. This growth is expected to continue into the future, with IDA Ireland announcing in 2003 11 new projects for Cork with the potential to create up to 800 new jobs. To date in 2004, three new projects, Altera, Ecora and Centocor, have been announced with a job creation potential in excess of 400.

I have asked IDA Ireland, as well as the other State agencies such as Enterprise Ireland and FÁS, to work together to finds solutions to the problems being faced in Mitchelstown following the recent announcements there. I am confident that their combined efforts will bear fruit in due course.

Job Creation.

Phil Hogan

Question:

282 Mr. Hogan asked the Minister for Enterprise, Trade and Employment if he will support the business community and local authorities in County Monaghan in developing industrial opportunities at Knockconny, Monaghan; the proposals he has to encourage IDA Ireland to implement a more RAPID programme of regional development in the context of stated policy for a number of years; and if he will make a statement on the matter. [28930/04]

Support for job creation in Monaghan is a day-to-day operational matter for the industrial development agencies. IDA Ireland actively markets County Monaghan as a location for foreign direct investment through its network of overseas offices in order to secure new investment and jobs for the area, while Enterprise Ireland is unrelenting in its support for indigenous companies that want to expand and develop their competitiveness, innovation and export potential.

Work is underway to realise the county's potential through development objectives such as those set out in the national spatial strategy. This includes the selection of Monaghan as a hub town. Nationwide, we are accelerating delivery of economic infrastructure for businesses including broadband, roads, etc. One of the infrastructure areas of greatest importance to enterprise development nationally is telecommunications-broadband connectivity. This is an essential component of a knowledge-based economy and is of particular importance to business in locations with lower population density. Under the Department of Communications, Marine and Natural Resources, MANs — metropolitan area networks — programme, construction of the Monaghan MAN is due to commence in January 2005, with a completion date of September 2005. In addition, IDA Ireland and Enterprise Ireland are currently working with the Armagh Monaghan digital corridor project committee. The objective of this committee is to develop the Armagh and Monaghan areas into a cluster of ICT related industries.

The M-Tek building, located at Knockaconny, has been developed as a high technology enterprise centre which links, through the digital corridor, to the A-Tek building in Armagh. The county enterprise board, IDA Ireland and Enterprise Ireland assisted the Monaghan county enterprise fund to build the M-Tek building at Knockaconny. Enterprise Ireland contributed €126,974 towards its construction. Furthermore, the Knockaconny enterprise centre has to date attracted seven companies employing over 70 people. Space for further advance office building and technology units has been granted planning permission at the site. In the context of a new bypass for Monaghan town, potential business park sites for IDA Ireland acquisition are being investigated.

The work of IDA Ireland in attracting FDI and encouraging new rounds of investment from within the existing population of overseas firms in Ireland is just one component of an interlocking network of activities being undertaken to expand employment opportunities and the capacity of the county to derive tangible benefits from local and regional development. The national development plan, EU operational programmes for which my Department is managing authority, the national spatial strategy and other strategic policies and investments all have an important role in this process.

I am satisfied that the continuing and intensive efforts of the agencies, the modification of enterprise policies to reflect the reality of the global marketplace and the ongoing commitment of the Government to regional development are positive supports to help stimulate further employment opportunities in the County Monaghan and the wider BMW region.

Questions Nos. 283 to 286, inclusive, answered with Question No. 277.

FÁS Training Programmes.

Bernard J. Durkan

Question:

287 Mr. Durkan asked the Minister for Enterprise, Trade and Employment if, having regard to cuts imposed by the Government in the Estimates 2004 which resulted in the discontinuation of large numbers of FÁS schemes throughout the country, he expects to restore funding in the Estimates 2005 to facilitate the restoration of all such schemes; and if he will make a statement on the matter [28935/04]

Details of funding in support of employment and training schemes delivered through agencies under the remit of my Department will be contained in the Abridged Estimates Volume which is to be published later this week.

Question No. 288 answered with QuestionNo. 277.

Unfair Dismissals.

Seán Crowe

Question:

289 Mr. Crowe asked the Minister for Enterprise, Trade and Employment if, in regard to the abuse by employers of the Unfair Dismissals Acts 1977 to 2001 which denies the right of an employee with less than 12 months’ service to take a case for unfair dismissal under the Acts, he intends to remove the time barrier and to make the law more in keeping with the principles of natural justice; and if he will make a statement on the matter. [29050/04]

The Unfair Dismissals Acts 1977-2001, as they stand, do not apply to a person who has been in the continuous service of the same employer for less than one year, and there are no proposals in place at present to amend this provision. However the requirement of one year's continuous service does not apply where the dismissal results from: an employee's pregnancy, giving birth or breastfeeding or any matters connected therewith; the exercise or proposed exercise by an employee of a right under the Maternity Protection Acts 1994 and 2004; the exercise or contemplated exercise by an employee of the right to adoptive leave, or additional adoptive leave under the Adoptive Leave Act 1995; the exercise or proposed exercise by the employee of the right to parental leave or force majeure leave under and in accordance with the Parental Leave Act 1998; an employee’s entitlements, future entitlements, exercise or proposed exercise of rights under the National Minimum Wage Act 2000; an employee’s trade union membership or activities; the exercise or proposed exercise by the employee of the right to carer’s leave under and in accordance with the Carer’s Leave Act 2001.

When determining if an employee has the necessary service to qualify under the Acts, a Rights Commissioner, the Employment Appeals Tribunal or the Circuit Court, as the case may be, may consider whether the employment of a person on a series of two or more contracts of employment, between which there were no more than 26 weeks of a break, was wholly or partly for or connected with the avoidance of liability by the employer under the Acts. Where it is so found, the length of the various contracts may be added together to assess the length of service of an employee for eligibility under the Acts.

Ministerial Appointments.

Bernard J. Durkan

Question:

290 Mr. Durkan asked the Minister for Enterprise, Trade and Employment if any new advisors or consultants have been appointed by him since the Government reshuffle of September 2004; if such appointments are replacements for or are in addition to previous appointments; the salary and terms of employment in each case; and if he will make a statement on the matter. [29122/04]

Following my appointment as Minister for Enterprise, Trade and Employment on 29 September 2004, I have appointed Mr. Christopher Mannion as special adviser, Ms Deirdre Gillane as policy adviser and Ms Caitriona Meehan as press adviser. Each transferred from the Department of Health and Children with the Tánaiste's advisers moving to that Department. The terms and conditions of their employment have not yet been finalised and will require the formal approval of the Minister for Finance.

Job Losses.

Paul Kehoe

Question:

291 Mr. Kehoe asked the Minister for Enterprise, Trade and Employment if his attention has been drawn to the job losses at a company (details supplied) in Rosslare; if he has been contacted by the Department of Communications, Marine and Natural Resources regarding same; the action he has taken; and if he will make a statement on the matter. [29138/04]

I understand from the company in question that it intends to cease its Rosslare-France service no later than 30 November, 2004. The company informed its staff on the MV Normandy on 20 October, 2004. I understand that in making the announcement, the company proposed an enhanced voluntary redundancy-early retirement package or the opportunity to redeploy to ships on its three Ireland-UK routes. I further understand that these options were proposed in order to avoid compulsory redundancies. However, these options were subject to co-operation with the company’s full proposals which also include restarting the French route with a lower crew cost and new crew from March 2005.

The company has advised me that in the event of consultations with the unions being unsuccessful, it will be operating a collective redundancy of 125 permanent staff, 25 long-term temporary staff, and upwards of 48 seasonal short term staff, at the end of the month.

The Government has an interest in maintaining in operation Irish Continental Group's Ireland to France service, manned if possible by Irish seafarers. Its endeavours will be directed at encouraging the maintenance of the service. Primary responsibility for this area rests with the Minister and Minister of State at the Department of Communications, Marine and Natural Resources, both of whom are keeping in touch with events.

Employment Support Services.

Jim O'Keeffe

Question:

292 Mr. J. O’Keeffe asked the Minister for Enterprise, Trade and Employment if, and the basis on which, an organisation (details supplied) in Dublin 2 was encouraged by Enterprise Ireland to invest heavily in targeting students from eastern Europe at a time when the Enterprise Ireland and his Department had no mechanism in place to facilitate the students; and if he will make a statement on the matter. [29158/04]

Jim O'Keeffe

Question:

293 Mr. J. O’Keeffe asked the Minister for Enterprise, Trade and Employment if he will examine the circumstances in which an organisation (details supplied) in Dublin 2 was encouraged to invest moneys which subsequently gave rise to a substantial loss; and if he will make a statement on the matter. [29159/04]

I propose to take Questions Nos. 292 and 293 together.

Enterprise Ireland had meetings with the company in question in 2002. The purpose of the meetings was to have initial discussions in relation to the possible provision of support for the company's business plans. The company's last meeting with Enterprise Ireland took place on 20 December 2002, and at that meeting it was agreed that the company would send further information to Enterprise Ireland regarding its business which would be used to support any subsequent application to Enterprise Ireland. On 27 January 2003 the company notified Enterprise Ireland that it was not pursuing an application for support. Enterprise Ireland has not received any additional information or any application for assistance from the company since then. The issuing of visas for study in Ireland is a matter for the Department of Justice, Equality and Law Reform. Enterprise Ireland is the only agency within the remit of the Department of Enterprise, Trade and Employment which has responsibility for the promotion of the education sector and in the absence of any additional information concerning the company an investigation is not warranted.

Employment Action Plan.

David Stanton

Question:

294 Mr. Stanton asked the Minister for Enterprise, Trade and Employment the date on which the high supports process of the employment action plan began; the number of persons who have availed of the high supports process since its inception; the number who are now in employment following engagement in the process; and if he will make a statement on the matter. [29877/04]

David Stanton

Question:

295 Mr. Stanton asked the Minister for Enterprise, Trade and Employment if the high supports process of the employment action plan has been extended to all regions in the country; the regions that are using the high supports process; and if he will make a statement on the matter. [29878/04]

I propose to take Questions Nos. 294 and 295 together.

The high support process was developed and introduced in response to a commitment made under Framework IV of the Programme for Prosperity and Fairness, and follows detailed consultations with the social partners under the aegis of the PPF standing committee on the labour market chaired by my Department is to provide additional supports to meet the needs of those clients who, because of age, health, literacy or other barriers are unlikely to succeed in obtaining and keeping a job in the open labour market.

Having commenced as a pilot in Dublin, Cork, Letterkenny, Galway, Kilkenny, Limerick, Dundalk, Sligo and Waterford in mid-2003, the high supports process was extended nationwide in 2004. Approximately 340 participants availed of the additional supports in 2003 and for the first six months of 2004, approximately 180 participants have engaged with the process.

As the target group comprises persons most distanced from the labour market, it is difficult to confirm the exact numbers placed in employment following engagement under the high supports process. While FÁS makes every effort to track clients under the process, many who subsequently progress to employment do not advise FÁS. Data on clients who engage under this process form part of the overall progress reports made in respect of the national employment action plan, NEAP. The latest figures available for NEAP indicate that of those clients referred during January-June 2004, 41%-51% — this varies depending on the unemployment duration — left the live register. An evaluation of the high support process has been commissioned by FÁS the outcome of which is expected by the end of December 2004. Any future developments of the high supports process or extension to other client groups will be considered in light of the findings of the evaluation.

Social Welfare Appeals.

Bernard Allen

Question:

296 Mr. Allen asked the Minister for Social and Family Affairs the reason the southern health board has terminated the rent allowance for a person (details supplied) in County Cork. [29412/04]

The Southern Health Board was contacted regarding this case and advised that during the course of a review of her continued entitlement to rent supplement the person concerned was asked to provide clarification regarding her household circumstances. As she failed to supply the necessary information on her situation, the board withdrew payment of her rent supplement. The board has further advised that the person concerned was unsuccessful in appealing against the decision to the health board appeals officer and that the matter has been referred to the chief appeals officer of the social welfare appeals office. Appeals officers are statutorily appointed and neither I nor my Department have any function in the appeal process.

Social Welfare Benefits.

Róisín Shortall

Question:

297 Ms Shortall asked the Minister for Social and Family Affairs if he will examine the case of a person (details supplied) in Dublin 11; his policy in relation to widowed persons who were in receipt of long-term payments not covered under the six weeks rule and whose spouses died prior to June 2003; his views on whether the change introduced in June 2003 corrected a discriminatory policy against certain long-term welfare recipients; and if on this basis, he will he examine whether such payments can be back-dated. [28636/04]

Provision was made in budget 2003 to extend the scheme of six weeks payment after death to ensure that where a person in receipt of a social welfare payment dies, the social welfare income paid to the surviving spouse-partner is maintained at the same level for the six weeks after the death of the pensioner. This measure was implemented from June 2003. The person concerned and her spouse were both in receipt of an invalidity pension at the time of her spouse's death in May 2003. The person concerned was not covered by the new arrangements and did not receive six weeks payment of her spouse's invalidity pension. There are no plans for backdating this arrangement. To do so would involve additional expenditure and could only be considered in a budgetary context.

Tony Gregory

Question:

298 Mr. Gregory asked the Minister for Social and Family Affairs the entitlements available to a person (details supplied) in Dublin 7 whose lone parent payment was withdrawn without notice and is now solely dependent on a part-time income. [28653/04]

There is a statutory obligation on all claimants to satisfy, and continue to satisfy, the conditions for entitlement to the one parent family payment. One of the qualifying conditions of the scheme is that the claimant must have a qualified child dependant. A person can claim for a child as a dependant if: they have the main care and charge of that child; that child is under age 18 or, in the case of a child aged 18 to 22, that child is in full-time education by day at a recognised school or college. In the case of the person concerned her daughter has ceased full-time education and therefore her payment has been stopped as she no longer satisfies the qualifying conditions of the scheme.

It is normal practice to issue a letter informing claimants that their payment will be stopped. In this case, however, there is no record of such a letter being issued. This is regretted. Procedures have been reviewed to ensure that all claimants are notified before their payment is terminated and a record kept of such notifications. The person concerned is currently in receipt of unemployment assistance.

Social Welfare Appeals.

Brendan Howlin

Question:

299 Mr. Howlin asked the Minister for Social and Family Affairs the reason a decision in relation to an OIB disablement claim, conveyed by letter dated 20 October 2003 by the appeals office to a person (details supplied) in County Wexford has not been implemented; if his attention has been drawn to the fact that the accident giving rise to this claim occurred in 1995; when this matter will be finalised; when the claimant will receive the entitlement; and if he will make a statement on the matter. [28686/04]

The person concerned applied for disablement benefit under the occupational Injuries scheme in respect of three accidents which occurred in 1995. Based on the evidence available at that time his claim was disallowed. He subsequently appealed this decision and following an oral appeal hearing on 17 September 2003 an appeals officer's decision was that the appeal should be allowed. He was notified of this decision by the appeals office on 20 October 2003. In order to determine the correct rate of disablement benefit, he was referred for medical examination so that the degree of loss of faculty could be established. He was examined by one of my Department's medical assessors on 6 May 2004. Due to an error in locating and processing the relevant medical assessment papers the decision was not implemented. This delay is regretted.

The person concerned has now been awarded disablement benefit in respect of each of his three accidents. Aggregated gratuities amounting to €10,365 will be issued in the next week. Any arrears due in respect of compensation for loss of purchasing power will be issued thereafter.

Social Welfare Benefits.

Arthur Morgan

Question:

300 Mr. Morgan asked the Minister for Social and Family Affairs if he is considering introducing employment rights legislation in respect of sick pay and sick leave; and if he will make a statement on the matter. [28761/04]

Responsibility for employment rights issues such as entitlement to sick leave lies primarily with my colleague the Minister for Enterprise, Trade and Employment and I understand that the Deputy has put down a question to him in this regard already. As far as my Department is concerned, employees who are insured may be entitled to the social insurance based income support payment disability benefit, DB. This payment is made by the Department to persons who are unable to work due to illness and who satisfy the contribution conditions. Disability benefit is not normally paid for the first three days of illness, known as waiting days, but is payable for up to 52 weeks if the insured person has between 52 and 259 paid contributions and up until the age of 66 if a person has a total of 260 weeks or more paid contributions since entering employment. Disability benefit is currently paid at €134.8 per week with additional payments for dependants.

Some Irish employees also have access to occupational sick pay schemes administered by their employers which may or may not be integrated with the DB payment. This is a matter between employers and employees whether individually or as part of collective agreements. A number of countries operate a system known as statutory sick pay, SSP, which involves transferring the responsibility for administering sick pay for employees to their employers. Under a statutory sick pay scheme, an employer would be obliged by law to provide a certain minimum standard of pay in the event of illness for a certain minimum period. As part of the Government programme of reviewing expenditure programmes, my Department published a review of illness and disability payment schemes. The working group which carried out the review considered that an examination of the possible introduction of SSP would have merit from an efficiency and effectiveness viewpoint.

As a first step, it was considered that current sick pay arrangements by employers should be examined in detail and the potential for change assessed. There are no immediate plans to carry out such an examination but the issue will be kept under review by my Department.

Bernard Allen

Question:

301 Mr. Allen asked the Minister for Social and Family Affairs if he will investigate the case of a person (details supplied) in County Cork. [28781/04]

The Southern Health Board was contacted regarding this case and has advised the person concerned that was in receipt of basic supplementary welfare allowance pending the outcome of an application for one-parent family payment from my Department.

Following a review of her claim the board was in possession of information which suggested a change in her circumstances had occurred. The board wrote to the person concerned requesting that she provide clarification regarding her means and circumstances. After she failed to comply with this request payment of her allowance was withdrawn.

The board has further advised that clarification sought has now been received and that payment of a basic supplementary welfare allowance, at a rate appropriate to her circumstances, has been restored with retrospective effect.

Pension Provisions.

Willie Penrose

Question:

302 Mr. Penrose asked the Minister for Social and Family Affairs further to correspondence received from a person (details supplied) in Dublin 9; if this person’s old age contributory pension entitlement will be reviewed; and if he will make a statement on the matter. [28785/04]

Since reaching 66 years in April 2004, the person concerned has been in receipt of an old age contributory pension at the rate of €83.70 per week based on a yearly average of 14 contributions. As a result of the Deputy's question, the entitlement of the person concerned was re-examined and contributions paid at the modified rate while she was employed as a civil servant were added to her record. She now qualifies for a mixed-insurance pro-rata old age contributory pension at the rate of €91.60 per week from 30 April 2004. As this rate is higher than her current standard old age contributory pension, arrangements are being made to transfer her to the higher rate of pension. The arrears of pension will issue by cheque as soon as possible.

The correspondence supplied with the parliamentary question refers to the homemaker's scheme. This scheme was introduced from 1994 without retrospection to protect the pension entitlements of those who take time out of the paid workforce for caring duties. It allows up to 20 years to be disregarded when a person's insurance record is being averaged to assess entitlement for contributory pension purposes. Phase 2 of the review of the qualifying conditions for old age contributory and retirement pensions will include an examination of the homemaker's scheme. It is expected that the review will be ready for publication in the next few months and developments in relation to the homemaker's scheme will be considered in the light of the conclusions of that report.

Social Welfare Benefits.

Bernard Allen

Question:

303 Mr. Allen asked the Minister for Social and Family Affairs the reason the Southern Health Board has refused to award supplementary welfare allowance to a person (details supplied) in County Cork. [28791/04]

The supplementary welfare allowance scheme, which is administered on behalf of my Department by the health boards, provides for exceptional needs payments to help meet essential, once-off expenditure which a person could not reasonably be expected to meet out of his or her weekly income.

The Southern Health Board was contacted regarding this case and has advised that an application for an exceptional needs payment was refused on the grounds that the person concerned had been in a position to meet the expenses in question from his own resources and that an exceptional need had not been established.

The board has further advised that the person concerned was unsuccessful in appealing against this decision to the health board's appeals officer. The determination of entitlement to exceptional needs payments is a matter for the health board and neither I nor my Department have any function in deciding entitlement in individual cases.

Paul Connaughton

Question:

304 Mr. Connaughton asked the Minister for Social and Family Affairs if he is making major changes in the way social welfare benefit is paid to lowly paid part-time workers who through no fault of their own or their employers cannot either find full-time employment locally and where their present employers cannot provide full-time jobs for them; and if he will make a statement on the matter. [28922/04]

Unemployment benefit or assistance may be paid where a person is employed for three days or less in any six consecutive days (excluding Sunday). For the purposes of unemployment benefit, a person working less than the normal full-time days in a particular employment may be categorised as part-time, casual or systematic short-time. Part-time employment is regarded as employment where the employee is engaged to work for less than the normal full-time number of days or hours in the employment concerned. The volume of work must be of an ongoing nature but not sufficient to sustain full-time employment.

Legislation provides that a person is regarded as being engaged in casual employment for unemployment benefit purposes where s/he is normally employed for periods of less than a week, the number of days and the days of the week on which the person is employed varies with the level of activity in the employer's business, and on the termination of each period of employment, the person has no assurance of being re-employed with the same employer. The requirement to have suffered a substantial loss of employment, where a person must work a reduced numbers of days in the week from that which she or he would normally work, and which applies to all other unemployment benefit claims, does not apply to casual workers, as defined.

A person is regarded as being engaged in systematic short-time working where his or her full-time working week is reduced by the employer 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 of the number of days paid and the number of days worked does not exceed five.

Where a casual or part-time worker has insufficient contributions to qualify for unemployment benefit, she or he may qualify for unemployment assistance, a means-tested payment. Earnings are assessed at 60% for UA purposes. In addition, persons without children are allowed a €12.70 disregard for each day worked. Casual or part-time workers are subject to the same conditions as any other unemployed person for entitlement to UA. The question of changes in the conditions for receipt of unemployment benefit or assistance will be a matter for consideration in a budgetary context and in the context of priorities generally.

David Stanton

Question:

305 Mr. Stanton asked the Minister for Social and Family Affairs the number of persons that have been refused rent supplement since January 2004; the number of persons that have appealed the refusal for rent supplement and have been successful in their appeal for the rent supplement; and if he will make a statement on the matter. [28927/04]

David Stanton

Question:

306 Mr. Stanton asked the Minister for Social and Family Affairs the number of persons that were refused rent supplement; the number of persons appealed the refusal for rent supplement and have been successful in their appeal for the rent supplement in the year 2003; and if he will make a statement on the matter. [28928/04]

I propose to take Questions Nos. 305 and 306 together.

Rent supplements are provided for under the supplementary welfare allowance scheme which is administered on my behalf by the health boards. My Department exercises general direction, co-ordination and expenditure monitoring in relation to the scheme, but has no involvement in individual claim decisions or appeals. Statistics are not available on the number of people refused rent supplement. However, information is available on the number of applications for rent supplement and on the number of claims awarded. In 2003, 56,466 claims for rent supplement were registered of which 53,750 were awarded. To date in 2004 some 39,145 claims have been registered of which 37,035 have been awarded.

Where a person is dissatisfied with the outcome of an application for rent supplement he or she may appeal against the decision to the appeals officer in the relevant health board and if necessary then to the chief appeals officer of the social welfare appeals office.

In 2003, some 288 appeals relating to rent supplement were dealt with by the chief appeals officer of the social welfare appeals office. Of these appeals, rent supplement was awarded in 50 cases, while in the remaining 238 cases the original refusal of rent supplement was upheld. To date in 2004 some 194 cases have been referred to the chief appeals officer. In 59 cases a rent supplement has been awarded while in the remaining 135 cases the original refusal of rent supplement was upheld. Details of the number of appeals to health board appeals officers relating to rent supplement are not available.

Seán Crowe

Question:

307 Mr. Crowe asked the Minister for Social and Family Affairs the number of persons who availed of the back to school clothing and footwear allowances in each of the past five years; the details of the take up of this allowance; and if his Department, from its files, can identify the persons who are entitled to the allowance. [29011/04]

The back to school clothing and footwear allowance scheme is administered on behalf of my Department by the health boards. Under the scheme, an allowance of €80 is payable in respect of qualified children aged two to 11 years while €150 is payable in respect of qualified children aged 12 to 22 years.

A person may qualify for payment of a back to school clothing and footwear allowance if he or she is in receipt of a social welfare or health board payment, participating in an approved employment scheme or attending a recognised education or training course, if a child dependant allowance is being paid in respect of the child and the household income is at or below certain specified levels as set out in tabular statement A.

The information held by my Department does not enable it to identify in advance people who might be entitled to the allowance. The information sought by the Deputy in respect of the years 1999 to 2003 is set out in tabular statement B.

Statement A: The BSCFA standard income limits for 2004 are as follow:

Couple with

Income Limit

Lone Parent with

Income Limit

1 Child

348.10

1 Child

238.90

2 Children

367.40

2 Children

260.50

3 Children

386.70

3 Children

282.10

4 Children

406.00*

4 Children

303.70**

*Limit is increased by €19.30 for each additional child.

**Limit is increased by €21.60 for each additional child.

Statement B: Numbers of children who benefited from BSCFA.

Year

Numbers

1999

183,708

2000

158,766

2001

143,029

2002

155,811

2003

172,123

Social Welfare Appeals.

Pat Breen

Question:

308 Mr. P. Breen asked the Minister for Social and Family Affairs the position regarding an appeal for a one parent family payment claim by a person (details supplied) in County Clare; and if he will make a statement on the matter. [29021/04]

The person's application for one parent family payment was disallowed by a deciding officer on the grounds that the person's means exceeded the statutory limit. The person appealed against this decision and, following an oral hearing, the appeals officer disallowed the appeal on the basis that her income, derived from her employment, was in excess of the statutory limit. The person has been informed of this decision.

In the course of the hearing it emerged that the person had recently reduced her working hours, resulting in a significant reduction in her earnings. In the light of this change of circumstance, the appeals officer has referred the case back to the deciding officer for review. The person has been informed of this development.

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.

John McGuinness

Question:

309 Mr. McGuinness asked the Minister for Social and Family Affairs if the rent supplement being granted to a person (details supplied) in County Kilkenny will be restored to its full level; and if a decision on the case will be expedited. [29095/04]

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.

The South Eastern Health Board was contacted regarding this case and has advised that, in the course of a routine review, it came to light that the assessable household income of the person concerned was higher than assessed originally for rent supplement purpose. She was notified of the board's intention to withdraw the supplement. On further detailed review, the board has determined that the person concerned has an entitlement to a reduced rent supplement of €15.70 per week. The board is assessing a possible overpayment of rent supplement and is in contact with the person concerned.

Ministerial Appointments.

Bernard J. Durkan

Question:

310 Mr. Durkan asked the Minister for Social and Family Affairs if any new advisers or consultants have been appointed by him since the Government reshuffle of September 2004; if such appointments are replacements for or are in addition to previous appointments; the salary and terms of employment in each case; and if he will make a statement on the matter. [29123/04]

Since my appointment on 29 September 2004, I have appointed no additional advisers or consultants to those appointed by my predecessor, Deputy Coughlan. I have appointed a special adviser, Mr. Frank Lahiffe, and a press adviser, Mr. Tom Rowley.

Contracts of employment, which set out the salary and other terms of employment in each case, are being finalised at present and will, in accordance with the terms of the Standards in Public Office Act 2001, be laid before the Houses of the Oireachtas within the required 60 days of appointment.

Social Welfare Appeals.

Aengus Ó Snodaigh

Question:

311 Aengus Ó Snodaigh asked the Minister for Social and Family Affairs if he will report on the mechanisms for making an appeal regarding social welfare payments; the number of cases dealt with each year for the past ten years; the number which resulted in favour of the petitioner; and if there are other appeal mechanisms available to persons who are aggrieved by a decision of his Department. [29140/04]

Any person who is dissatisfied with a decision made by a deciding officer of my Department may, by giving notice of appeal to the chief appeals officer within the statutory time limit, have the question referred to an appeals officer for determination. An appeal may be sent either directly to the social welfare appeals office or it may be handed in to any office of my Department for transmission to the appeals office.

When an appeal relates to supplementary welfare appeals, the appeal is made in the first instance to a designated officer of the health board. If the appellant is dissatisfied with this officer's decision he or she can request that the designated officer forward the appeal to the chief appeals officer.

The notice of appeal must contain a statement of the facts and contentions upon which the appellant intends to rely. The appeals office must then pass it to my Department for its comments on these grounds. The deciding officers may change their decisions at this stage in the light of new evidence. If they do not change their decision, an appeals officer will consider the case.

An appeals officer may decide to hold an oral hearing of the appeal, and will invite the appellant to attend. On the other hand, the appeals officer may be able to deal with the appeal on the basis of the written evidence provided. Either way, the appellant will be notified in writing of the outcome of the appeal. If an appeal is unsuccessful the appeals officer must give the reasons for the decision.

It is the policy of my Department, when disallowing a claim because underlying conditions are not satisfied, to offer to review the claim in the light of any further information not already submitted. This does not take from the right of appeal but affords the claimant the opportunity to have the claim fully examined before involving the formal appeals process.

An appeals officer's decision is normally final, but there are circumstances in which it may be changed. These are by an appeals officer if new evidence is furnished subsequently; by the chief appeals officer if the appeals officer has made an error about the law or the facts; by judicial review; or by the High Court on a point of law. It is also open to any person to make a complaint to the Ombudsman where it is considered that the Department has acted without proper authority or contrary to fair or sound administration.

The figures requested are set out in the following table.

Appeals Decided

Favourable Decisions

Withdrawn

1994

14,971

8,063

1,667

1995

12,087

6,213

1,310

1996

11,613

5,834

1,335

1997

12,835

6,268

1,779

1998

13,990

6,441

1,669

1999

14,397

6,898

1,838

2000

17,060

7,348

2,601

2001

16,525

7,493

2,253

2002

15,834

7,096

1,836

2003

16,049

7,034

2,403

Note: Favourable decisions include revised decisions by deciding officers arising from the case made in the grounds of appeal, in addition to favourable determinations by appeals officers.

Family Support Services.

David Stanton

Question:

312 Mr. Stanton asked the Minister for Social and Family Affairs his views on the findings of a recent study commissioned under his Department’s families research programme (details supplied) which says it may be opportune to re-focus on the role of economic disadvantage in the development and prolongation of behaviour difficulties in the child; the action that he intends to take as a result of this report; and if he will make a statement on the matter. [29162/04]

The study to which the Deputy refers, From Child to Adult, is a longitudinal study of Irish children and their families. The study was co-funded by the Family Support Agency and the Department of Social and Family Affairs under the families research programme.

One of the main objectives of Government policy is to reduce and eliminate child poverty. The strategies to meet this objective are set out in the revised national anti-poverty strategy, NAPS, and, more recently, in the national action plan against poverty and social exclusion. The main outcome aimed for is a situation of greater equality for all children in terms of access to appropriate education, health and housing, thereby seeking to break the cycle of disadvantage and exclusion experienced by certain children in society.

A specific target in the NAPS is to reduce the number of children who are consistently poor to below 2% by 2007 and, if possible, to eliminate consistent poverty among children by then. Significant progress has already been made towards achieving this target. For instance, the number of children who are consistently poor has more than halved in the four year period 1997 to 2001, falling from 15.3% in 1997 to 6.5% in 2001.

The most significant child poverty related measure in my Department has been the increase in child benefit, from which all families have gained, but particularly those on low incomes. The rate of child benefit has risen from €38.09 for the first two children and €49.52 for each child thereafter in 1997 to €131.60 per month for each of the first two children and to €165.30 per month for the third and each subsequent child.

Another income support for low income families is the family income supplement. The aim of this scheme is to provide a weekly cash support for employees on low earnings with families, thereby preserving the incentive to remain in employment. Family income supplement payment rates have increased annually in line with unemployment payments, maintaining the incentive for people to avail of suitable employment opportunities. In the 2004 Estimates, €56 million has been allocated for this scheme. My Department also provides the one parent family payment which is a payment for both men and women who, for a variety of reasons, are bringing up a child(ren) without the support of a partner. A total of €707.8 million is provided in the 2004 Estimates for this scheme.

An evaluation of the national action plan against poverty and social exclusion will commence early next year with a view to a report on the evaluation being submitted to the European Union by June. The effectiveness of the measures to combat poverty among children will be evaluated in that context and full account will be taken of the findings of the study referred to by the Deputy.

Social Welfare Benefits.

Michael Ring

Question:

313 Mr. Ring asked the Minister for Social and Family Affairs the reason the old age non-contributory pension of a person (details supplied) in County Mayo has been reduced; and the breakdown of the calculations in this case. [29236/04]

The person concerned is currently in receipt of widow's non-contributory pension at the rate of €126.50 a week. This is a means tested payment and all income, including income from other pensions, is assessable as means. Where the means of non-contributory pensioners change for any reason, they are obliged to inform my Department so that the rate of pension may be adjusted accordingly.

The person concerned is also in receipt of a British retirement pension. In seeking a review of her entitlement to widow's non-contributory pension, she gave details of an increase in the British pension since her means were last reviewed in 1999. Her current weekly rate of British retirement pension is £31.72 per week. Her current means are calculated as follows:

British Pension

£31.72 Stg X €1.44476 X 52 =

2,383.04

Amount assessable

2,348.23

Holding

Net yearly Value (as before)

126.97

Total Yearly Means

2,475.20

Total Weekly Means

47.60

Her widow's non-contributory pension is now due to be reduced to €114.00 per week and arrangements are being made to implement this. Her new weekly rate of pension is the rate appropriate to a person with means of €47.60 per week. She will also continue to receive fuel allowanceof €9 per week. The person concerned is also in receipt of electricity allowance, telephone allowance under the household benefit scheme and free travel.

In reviewing her claim, her entitlement to a living alone allowance was also examined and an allowance of €7.70 per week has been awarded to her with effect from 16 January 2004, the Friday following her 66th birthday. Arrangements are being made to have arrears due in respect of this issued to her. Notification of the revised decision on means and of her right of appeal will be forwarded to the person concerned shortly.

Under social welfare legislation, decisions about claims are 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 Appeals.

Pádraic McCormack

Question:

314 Mr. McCormack asked the Minister for Social and Family Affairs the length of time it takes to deal with an appeal regarding an application for a widow’s pension from County Galway; if there are still appeals outstanding since 2003; the way in which the appeals are dealt with; the frequency with which oral hearings are held on appeals in County Galway; the size of the current backlog of cases on appeal waiting to be dealt with by the appeals office; and if he will make a statement on the matter. [29258/04]

Figures are not readily available on the time taken to process appeals in the Galway area. At present there is one widow's pension appeal awaiting an oral hearing in County Galway. There are no widow's pension appeals outstanding at any location which were received prior to 2004. Of the 15,224 new appeals registered during 2003, 253, or 1.7%, remain to be finalised. At present there are 4,933 cases awaiting attention in the appeals office. Of these, 13 are widow's pension appeals. Appeals officers have held hearings in Galway on 48 days since the beginning of 2004. A total of 302 cases were heard at these sessions.

The social welfare appeals system is a quasi-judicial one and the procedures involved are designed to ensure that every appellant's case gets full and satisfactory consideration. There is an inevitable time-lag in such a process which is governed by statutory and fair procedure requirements. Appeals officers deal with the full range of social welfare questions, including unemployment, incapacity, insurability, disability, old age and carers' needs. Some are more complex than others and the number of cases dealt with in any session would depend on the issues arising.

The oral hearing process is designed to ensure that the appellant fully understands the question for determination and that he or she is afforded every opportunity to question the basis of the decision and to present his or her appeal fully.

Social Welfare Benefits.

Gay Mitchell

Question:

315 Mr. G. Mitchell asked the Minister for Social and Family Affairs if he will provide assistance and advice to a person (details supplied) in Dublin 12 who cannot afford to pay course fees. [29334/04]

My Department administers a wide range of second chance educational opportunities to encourage and facilitate unemployed people, lone parents and people with disabilities to improve their skills and qualifications and, therefore, their prospects of returning to the active workforce through various employment supports. One of these supports is the back to education allowance scheme.

To qualify for participation in the back to education allowance scheme — third level option — an applicant must, inter alia, be in receipt of a relevant social welfare payment for at least 15 months — 390 days — immediately prior to commencing an approved course of study. The person concerned does not meet this requirement and does not, therefore, satisfy the eligibility criteria for participation in the scheme.

The higher education grant scheme and the free fees initiative may be of interest in this case. These matters are dealt with by my colleague, the Minister for Education and Science.

Seán Ó Fearghaíl

Question:

316 Mr. Ó Fearghail asked the Minister for Social and Family Affairs if he will give consideration to the possibility of offering the option of an annual lump sum payment in lieu of a weekly payment to persons in receipt of the free fuel allowance; and if he will make a statement on the matter. [29351/04]

The aim of the national fuel scheme is to assist householders who are in receipt of long-term social welfare or health board payments towards their regular heating needs during the winter season from October to April. Under the scheme a fuel allowance of €9 per week is paid to eligible households during this 29 week period, with an additional €3.90 per week being paid in smokeless zones, bringing the total amount in those areas to €12.90 per week. In addition, many households also qualify for electricity or gas allowances throughout the year in the form of a direct credit on their bills.

The long established practice of paying fuel allowance on a weekly basis is convenient for social welfare customers and allows them to budget their regular income towards meeting heating and other recurring essential costs. A less frequent payment of the allowance could leave people unable to meet their needs in a particular week. There are no plans at present to provide an optional lump sum payment of this allowance.

School Transport.

Denis Naughten

Question:

317 Mr. Naughten asked the Minister for Transport his plans to review the regulations governing school buses; if he will review the 3:2 ratio on school buses; his views on the level of overcrowding on post-primary buses; if he has reviewed this situation; and if he will make a statement on the matter. [29102/04]

In 2002 my Department published a discussion paper on school bus safety. A range of possible safety related enhancements covering vehicles, passenger related measures and the road traffic environment in which school buses operate were identified in the paper. The purpose of the paper was to give the public an opportunity to put forward their views and suggestions on enhancing school bus safety.

Recent developments at EU level regarding the wearing of seat belts will remove the three for two concession in the case of school buses fitted with safety belts. In accordance with Directive 91/671, as amended by Directive 2003/20, the three for two concession for school buses fitted with seat belts will not be permissible after May 2008.

In June 2003 the European Commission published proposals to amend a number of directives relating to the type approval requirements for safety belts and restraint systems, anchorages for safety belts, and seats, their anchorages and head restraints. These proposals provide, inter alia, for the mandatory fitment of seat belts in buses and coaches, other than those used on staged-stop urban services, at manufacturing stage for the purposes of obtaining motor vehicle type approval. Under the proposals it would be a requirement for the registration, sale and entry into service of new buses and coaches, from 1 January 2006, that their safety belts and restraint systems, anchorages for safety belts, and seats, their anchorages and head restraints would conform to the technical requirements specified in the proposed amending directives.

The responses to the discussion document are being reviewed by my Department with a view to identifying the most cost effective approach to enhancing road safety for school transport, taking into account the obligations and timing of new EU requirements and proposed requirements.

My Department has been advised by the Department of Education and Science, which has overall responsibility for the administration of the school transport service, that it is satisfied, on the basis of information available from Bus Éireann, which operates school transport services on behalf of that Department, that school buses are being operated in accordance with the requirements of road traffic law.

Driving Tests.

James Breen

Question:

318 Mr. J. Breen asked the Minister for Transport when a person (details supplied) in County Clare will be called for a driving test. [29418/04]

The applicant is on my Department's waiting list for a driving test. No documentary evidence has been submitted to my Department indicating that an early driving test is required.

Parking Regulations.

Brian O'Shea

Question:

319 Mr. O’Shea asked the Minister for Transport his proposals to extend the disabled person’s parking card scheme to the families of persons with intellectual disability whose children or adult dependants have mobility problems or whose behaviour is such that it is impossible for them to use public transport or walk for any distances; and if he will make a statement on the matter. [29423/04]

The Road Traffic (Traffic and Parking) Regulations, 1997 empower local authorities, the Irish Wheelchair Association and the Disabled Drivers Association to grant a disabled person's parking permit where they are satisfied that the applicant is suffering from a disability that prevents him or her from walking or causes undue hardship to the person in walking. The qualifying criterion is, therefore, a question of personal mobility and no specific medical condition is stipulated in the regulations.

It is a matter for each of the issuing organisations to determine whether a disabled person's parking permit should be granted based on each application submitted to it. I have no involvement in respect of the determination of individual applications made by any of those bodies.

Driving Instruction.

John Gormley

Question:

320 Mr. Gormley asked the Minister for Transport if his attention has been drawn to the concerns of the driving instructor register of Ireland; the progress to date that has been made on the co-funded register; and if he will make a statement on the matter. [28642/04]

Brendan Howlin

Question:

324 Mr. Howlin asked the Minister for Transport if it is envisaged that the status of registered driving instructors included in the driving instructor register of Ireland, which has been in operation since 1996, will continue to be recognised by the driver testing and standards authority as it was previously by the Department of the Environment, Heritage and Local Government; the position regarding persons of RDI status within the proposed Driver Testing and Standards Authority; and if he will make a statement on the matter. [28691/04]

Mary Upton

Question:

341 Dr. Upton asked the Minister for Transport the status of registered driving instructors under the new provisions of the Driving Testing and Standards Authority; if the instructors will have to sit an additional test; and if he will make a statement on the matter. [29432/04]

I propose to take Questions Nos. 320, 324 and 341 together.

I refer the Deputies to my reply to Question No. 154 on Thursday, 14 October 2004.

Proposals being developed by my Department for the regulation and quality assurance of driving instruction will involve a test of the competence of individual instructors. A working group comprising representatives of my Department and of instruction interests has formulated the design of the standards that a driving instructor must meet. I am considering what arrangements will be put in place to oversee implementation of the standard in the context of the establishment of the Driver Testing and Standards Authority. The Driver Testing and Standards Authority Bill 2004, which provides for the establishment of the authority, was published on 6 July 2004 and the Second Stage debate commenced on 14 October 2004.

Regulations will be required to give effect to the proposals for introducing regulation of driving instruction and the position of existing driving instructors will be considered in the context of drafting the regulations.

Parking Regulations.

Fergus O'Dowd

Question:

321 Mr. O’Dowd asked the Minister for Transport if he will increase parking fines for illegal parking in disabled parking spaces; and if he will make a statement on the matter. [28650/04]

Where a person is convicted in court of the offence of illegally parking in a disabled person's parking bay, he or she is liable to a fine not exceeding €800 for a first offence, a fine not exceeding €1,500 for a second or subsequent offence and if a third or subsequent such offence is committed within 12 months the person is liable to a fine not exceeding €1,500 or, at the discretion of the court, to imprisonment for a term not exceeding three months or both. The determination of the actual fine to be imposed in each particular case is a matter for the courts.

The offence in question currently comes within the scope of the on-the-spot fines system. The amount of the on-the-spot fine applicable to this offence is €19, which is the level that applies to the majority of parking offences. Where an on-the-spot fine notice is issued, it is open to the person to whom the notice is addressed to pay the relevant amount so as to avoid the matter proceeding to court.

The Road Traffic Act 2002 provides for the replacement of the current on-the-spot fines system by a fixed charge system. The new system, which already applies to the offences of exceeding a speed limit and breaching the requirements for the use of seat belts, brings greater certainty to the application of administrative charges in respect of offences. It features, in particular, a provision through which the original amount of the fixed charge will automatically increase by 50% where payment is not made within 28 days of the date of the original notice.

The roll out of the system to the majority of traffic and parking offences, including the offence of parking in a disabled person's parking bay, is being progressed in conjunction with the Department of Justice, Equality and Law Reform and the Garda authorities. I envisage that this process will feature the updating of the charges associated with parking offences generally including this offence.

Departmental Staff.

Olivia Mitchell

Question:

322 Ms O. Mitchell asked the Minister for Transport the number of driving testers who are employed in his Department; the number who are full-time; the number who are on contract; the length of time those on contract have been so; and if it is his intention to recruit further contract testers. [28678/04]

The authorised number of driver testers, including a chief tester and supervisory testers, is 130. Of these, there are 103 permanent driver testers and 19 contract driver testers. Of the 19 contract driver testers, 12 have commenced their fourth year and a further seven are due to commence their fifth year in the coming months.

My Department is in discussions with the Department of Finance with a view to filling posts in this area and this may entail the recruitment of further contract testers.

Driving Tests.

Olivia Mitchell

Question:

323 Ms O. Mitchell asked the Minister for Transport if he is satisfied that the average pass-failure rate in the driving test is the same for those tested by contract testers as for those tested by the permanent testers. [28679/04]

In 2003, the average pass rate nationally for both permanent and contract driver testers was 54.5%.

Question No. 324 answered with QuestionNo. 320.

Road Signage.

Olivia Mitchell

Question:

325 Ms O. Mitchell asked the Minister for Transport if the introduction of metrification will take place as planned on 22 January 2005. [28693/04]

Jack Wall

Question:

335 Mr. Wall asked the Minister for Transport if the programme for updating of speed limits and road signage will be completed by the set date in regard to all local authorities; and if he will make a statement on the matter. [29113/04]

I propose to take Questions Nos. 325 and 335 together.

It is intended that metric speed limits be in place on 20 January 2005. A metrication changeover board is working to that timeframe to co-ordinate the changeover and provision of metric speed limit signs across 34 city and county council areas. The programme envisages that approximately 58,000 speed limit signs will be in place by 20 January next. The changeover to metric values and a new system for speed limits, which will be introduced in association with metrication, will be supported by new road traffic legislation currently being considered by the Houses of the Oireachtas.

Bus and Railway Stations.

Bernard J. Durkan

Question:

326 Mr. Durkan asked the Minister for Transport the extent to which he directs policy in regard to the provision of facilities including health and safety provisions at bus or rail stations; and if he will make a statement on the matter. [28859/04]

The provision of facilities, including health and safety provisions at bus and rail stations, is a matter for the three CIE operating companies. All bus stops are positioned having regard to road traffic safety considerations in agreement with the Garda traffic department and the relevant local authority.

Air Services.

Pat Breen

Question:

327 Mr. P. Breen asked the Minister for Transport if, in relation to Parliamentary Question No. 1018 of 29 September 2004, officials of his Department have clarified the position with regard to the proposed new charter service to Orlando; if this will comply with the current bilateral agreement; if he will investigate the way in which the service is advertised on the Aer Lingus website (details supplied); and if he will make a statement on the matter. [28860/04]

I have examined the Aer Lingus service to Orlando and I can confirm that the service complies with the Shannon stop requirements in the Ireland-US Bilateral Air Transport Agreement. Regarding the manner in which this or any other service is dealt with by Aer Lingus's website, this is a commercial matter for the company and not one in which I have a role. However, the issue raised by the Deputy needs to be drawn to the company's attention and I have asked my officials to do so.

Olivia Mitchell

Question:

328 Ms O. Mitchell asked the Minister for Transport when a report (details supplied) on the future options for Aer Lingus will be published, in view of the fact that much of the elements contained in this confidential report have been reported in the national media in recent days; and if he will make a statement on the matter. [28862/04]

The Goldman Sachs report on the future of Aer Lingus is being considered by my officials and me. It has also been circulated to the members of the Cabinet sub-committee established to examine all issues relating to the future ownership of the airline and report back to Government. A meeting of this committee will take place in the near future and it will be a matter for it to decide whether or not to publish the report.

Railway Stations.

Paul McGrath

Question:

329 Mr. P. McGrath asked the Minister for Transport if he has proposals to re-open the railway station at Killucan on the Mullingar to Dublin railway line. [29023/04]

I refer the Deputy to a similar question asked of me in the House on 2 November last. The position has not changed since then.

I am informed that Irish Rail has been having ongoing discussions with the relevant local bodies and authorities regarding the re-opening of Killucan station. The existing station has no immediate catchment area and the discussion has centred around the possibility of housing developments which could improve the viability of the station.

The national development plan covers the period 2000 to 2006. While the mid-term review of the plan indicated a lower than expected spend in the BMW region, Irish Rail has, since then, commenced or planned a number of projects in the region. The network resignalling project that originally included Sligo has been extended to include Westport and Ballina. As well as the upgrade of a number of stations in the BMW region, Irish Rail also has plans for the automation of a number of road crossings along rail lines in the region. In addition, the rolling stock acquisition programme being undertaken by the company will result in higher quality services on all lines into the midlands and west.

Road Traffic Offences.

Jack Wall

Question:

330 Mr. Wall asked the Minister for Transport the number of drivers who have received penalty points in Kildare since the penalty points system commenced; the breakdown of penalty points issued; and if he will make a statement on the matter. [29090/04]

The Department of the Environment, Heritage and Local Government, which holds and administers the national driver file on which driving licence records are maintained, has provided the following details. The number of drivers who have received penalty points in Kildare in the period to 1 November 2004 is 8,525. Details of the type and number of offences concerned are set out in the following table:

Table: Type and number of offences in respect of which penalty point notices were issued.

Offence Type

Number of Penalty Point Notices Issued

Speeding

9,087

No insurance

1

No Safety Belt — Driver

450

No Safety Belt Front Seat — Child

13

No Safety Belt Rear Seat — Child

21

No Child restraint Rear Seat — Child

1

Total

9,573

Road Traffic Accidents.

Jack Wall

Question:

331 Mr. Wall asked the Minister for Transport the number of fatal accidents that has occurred in Ireland for each of the past three years that involved vehicles not registered here; and if he will make a statement on the matter. [29109/04]

Jack Wall

Question:

332 Mr. Wall asked the Minister for Transport the number of motor or vehicular accidents reported in Kildare for each of the past three years; the number of fatalities as a result of the accidents for each of the years; and if he will make a statement on the matter. [29110/04]

I propose to take Questions Nos. 331 and 332 together.

Statistics relating to road accidents, based on information provided by the Garda Síochána, are published by the National Roads Authority in its annual road accident facts reports. The most recent report is in respect of 2002. This report and reports relating to previous years are available in the Oireachtas Library. The reports do not contain details of accidents which involved vehicles not registered here. The numbers of accidents in Kildare recorded by the Garda and reported to the National Roads Authority for the period 2000 to 2002 are as follows:

No. of accidents/Fatalities/injuries

Fatal

Injury

Fatalities

Injuries

2002

19

278

19

416

2001

26

207

31

349

2000

16

284

18

518

Provisional figures for the number of persons killed in road traffic collisions in 2003 show there were 336 fatalities for that year. Statistics relating to the number of traffic accidents in Kildare during 2003 are not yet fully analysed and authenticated. They will be set out in Road Accident Facts 2003, which will be published by the National Roads Authority.

Driving Licences.

Jack Wall

Question:

333 Mr. Wall asked the Minister for Transport the number of applications for provisional driving licences in Kildare for each of the past three years; and if he will make a statement on the matter. [29111/04]

I have asked the Department of the Environment, Heritage and Local Government, which holds and administers the national driver file on which driving licence records are held, to provide the information the Deputy has requested. I will forward the information to the Deputy as soon as it is available.

Driving Tests.

Jack Wall

Question:

334 Mr. Wall asked the Minister for Transport the number of driving tests completed in Naas, Carlow and Portlaoise for each of the past three years; the number of passed tests and test failures for each of the years; and if he will make a statement on the matter. [29112/04]

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

Centre

Year

Total Tests

Total Pass

Total Fail

2003

2,493

1,226

1,267

Carlow

2002

2,559

1,218

1,341

2001

3,022

1,521

1,501

2003

1,836

918

918

Port Laoise

2002

1,789

920

869

2001

2,021

983

1,038

2003

6,378

3,416

2,962

Naas

2002

6,174

3,326

2,848

2001

7,384

4,212

3,172

Question No. 335 answered with QuestionNo. 325.

Road Signage.

Jack Wall

Question:

336 Mr. Wall asked the Minister for Transport if he has satisfied himself that road signage here is sufficiently informative that it benefits visitors and does not cause them problems in determining road rules, especially in relation to laneways (details supplied); and if he will make a statement on the matter. [29114/04]

In 1996 a new warning traffic sign was introduced to advise motorists that in this country vehicles are to be driven on the left hand side of roads. The signs provide the necessary information be displayed in a number of languages.

The provision of traffic signs is a matter for each local authority. A comprehensive traffic signs manual was published in December 1996 and issued to all local authorities. This manual provides full information on traffic signs and road markings and sets out standards required to ensure there is clarity and a uniformity of practice in the approach to signage generally. The manual contains the Minister's direction that the drive on left warning sign be used at exits from ports and airports. It also directs that such signs be duplicated on the right hand side of the road and may also be used where hazards may exist on exits from long-stay tourist camps and resorts. A review of that manual is being pursued by my Department in association with the Department of the Environment, Heritage and Local Government and the National Roads Authority.

Road and Rail Networks.

Olivia Mitchell

Question:

337 Ms O. Mitchell asked the Minister for Transport if he plans to take a co-ordinating role to ensure that new road and planned new rail routes share alignments where appropriate. [29115/04]

The planning, design and implementation of national road improvement projects is a matter for the National Roads Authority and the local authorities concerned. The local authorities, in their role as statutory road authorities, undertake the detailed planning of individual road projects taking account of the overall policy on the national roads programme, local development plans and environmental impacts.

With regard to rail development, Irish Rail is responsible, in the first instance, for formulating plans, which will meet the identified demands for rail services into the future. Major rail projects require a railway order issued by me in my capacity as Minister for Transport, which involves the preparation of an environmental impact statement and the holding by an appointed inspector of a public inquiry at which all interested parties may be represented.

Irish Rail is developing a proposal to serve Dunboyne via a route which will branch off near Clonsilla on the Dublin-Sligo rail line and run through areas such as Hansfield, which has recently been zoned to cater for substantial residential development. This line will then run northwards towards Dunboyne terminating at a park and ride facility adjacent to the N3. Irish Rail and Meath County Council are undertaking a feasibility study of the rail proposal. This study will include an assessment of how road and rail proposals complement each other.

Under the provisions of the Planning and Development Act 2000, the regional authorities have recently finalised their regional planning guidelines for their regions. These guidelines provide regional land use strategies consistent with the national spatial strategy. They also identify proposed measures for the further development of transport in the regions. All local authorities are now required to have regard to these regional planning guidelines. My Department is working closely with the regional authorities to ensure that planning of transport projects takes full account of the guidelines.

Ministerial Appointments.

Bernard J. Durkan

Question:

338 Mr. Durkan asked the Minister for Transport if any new advisers or consultants have been appointed by him since the Government reshuffle of September 2004; if such appointments are replacements for or are in addition to previous appointments; the salary and terms of employment in each case; and if he will make a statement on the matter. [29124/04]

Since the Government reshuffle of September 2004, I have reappointed in my new Department the press adviser, personal assistants and constituency secretary who worked in my former Department. In addition, I have appointed a special adviser and the contract in respect of this and all appointments will be laid before the Houses of the Oireachtas in due course.

Air Transport Agreement.

Michael Lowry

Question:

339 Mr. Lowry asked the Minister for Transport if he will allow the Mid-West Regional Authority the time and opportunity to conduct a regional economic impact study on the impact that open skies and the ending of changes to the current bilateral agreement would have on the economies of the mid-west; his views on and approach to the open skies negotiations; and if he will make a statement on the matter. [29135/04]

I have nothing further to add to my reply of 2 November 2004, which, for the Deputy's convenience, I have quoted in full below.

At a number of recent Transport Councils, the Irish position has been that while we are in favour of an open skies agreement between the EU and the US, Ireland's support would be contingent on an acceptable arrangement on Shannon being agreed between Ireland and the US, and that arrangement being reflected in the EU-US agreement. Negotiations between the EU and the US on an open skies agreement will recommence in early 2005, when the new US Administration is in place. Both EU and US officials have maintained contact over the summer, but no negotiations have taken place since last June. Detailed negotiations took place up to June 2004, with the objective of reaching an agreement in time for the EU-US summit in Ireland at the end of that month. However, when the proposed agreement, which would have brought in open skies between all EU member states and the US, was discussed at the Transport Council in June 2004, Transport Ministers felt that the deal on offer was unbalanced in favour of the US.

In the lead up to June 2004, and in line with Ireland's position as outlined at the beginning of this reply, in May 2004 Department of Transport officials travelled to Washington to discuss this issue with the US. An official from the European Commission also attended those discussions. While the Irish delegation was not authorised to conclude any agreement with the US, good exploratory discussions were held. I understand that had an EU-US deal emerged from the Transport Council, a suitable phasing-in over a period of years of open skies between Ireland and the US would have been agreed for inclusion in the EU-US deal that would have been signed at the summit at the end of June 2004. Currently, there are no EU-US negotiations taking place. There is no doubt in my mind, however, that an EU-US open skies agreement is inevitable, once a properly balanced agreement is reached. My officials are maintaining contact informally with the US side to keep open all options for progress on this issue.

It is very difficult to estimate the timeframe in which an EU-US agreement might be reached. I am in the process of familiarising myself with the positions of the various Irish stakeholders involved. I am conscious of the fact that the new board of Shannon Airport is now required to produce a business plan for the airport and that clarity on the open skies issue would be very helpful to that business planning process. I am also conscious that Irish airlines are currently restricted in the routes they can serve under the existing bilateral arrangement and that expanding scheduled services across the Atlantic is of great importance to the growth of Irish airlines and Irish tourism. In any future dealings with the US on this issue, we will be aware of our European Union obligations.

Rail Services.

Emmet Stagg

Question:

340 Mr. Stagg asked the Minister for Transport if he has received the draft railway order for the Kildare route project from CIE; the estimated cost of the project; when the public inquiry into this project will be held; if funding will be available to proceed with the Kildare route project; and if he will make a statement on the matter. [29298/04]

Irish Rail recently submitted to my Department a business case for a significant increase in capacity on the Kildare rail line to cater for growth in suburban and intercity services operating to and from Heuston Station. The total cost of the project has been estimated at €400 million. An application for a railway order and the setting up of a public inquiry would only be made to me after an assessment of the business case has been completed and the project approved. The Irish Rail proposal is predicated on most of the funding for the project being provided by the Exchequer. This is one of the aspects of the project being considered in my Department and I expect to make a decision in the matter in the near future.

Question No. 341 answered with QuestionNo. 320.

Grant Payments.

Michael Ring

Question:

342 Mr. Ring asked the Minister for Community, Rural and Gaeltacht Affairs the reason a group (details supplied) in County Mayo was not successful in securing funding under the programme of grants for locally-based community and voluntary organisations for 2004; and the basis on which this application failed to achieve a sufficiently high score to enable it to be considered for funding on this occasion. [28664/04]

The Department of Community, Rural and Gaeltacht Affairs received an application from the group in question under the 2004 programme of grants for locally-based community and voluntary organisations. All applications received were assessed by reference to the criteria published in the scheme guidelines. The application in question was awarded a score under each of these criteria and the scores were added together to give a total score.

The number of applications for funding received under the programme far exceeded the funds available and only those proposals that achieved a sufficiently high total score arising from the assessment process were recommended for funding. Against this background, the application in question failed to achieve the requisite score to enable it to be considered for funding under this year's programme. The group may have the decision on its application reviewed by applying in writing to the Department and stating the grounds for review.

Michael Ring

Question:

343 Mr. Ring asked the Minister for Community, Rural and Gaeltacht Affairs the number of applications which were received under the programme of grants for locally-based community and voluntary organisations in 2004; the total grant amounts applied for; and the organisations which were successful in obtaining funding, with details of the organisation name, address and amount approved. [28665/04]

The Department of Community, Rural and Gaeltacht Affairs received 1,365 applications for funding under the 2004 programme of grants for locally-based community and voluntary organisations. Details of the successful applicants, including addresses and amounts approved, are available on the Department's website at www.pobail.ie. The grant amounts applied for were not recorded in cases where the applications fell within ineligible categories, as published in the scheme guidelines, or where they were assessed as a low priority. Apart from these cases, the overall grant amounts applied for totalled approximately three times the €2.7 million budget available for the programme in the current year.

Road Network.

Michael Ring

Question:

344 Mr. Ring asked the Minister for Community, Rural and Gaeltacht Affairs if an official has examined a road (details supplied) in County Mayo; if so, the identity of the official. [28889/04]

This application was examined by a regional officer of my Department on 25 August 2004. An estimate of the cost of the works has now been received from Mayo County Council and the application will be considered when the next programme of works under Scéim na mBóithre Áise is being prepared.

Grant Payments.

Dinny McGinley

Question:

345 Mr. McGinley asked the Minister for Community, Rural and Gaeltacht Affairs if an application has been received in his Department from an organisation (details supplied) for funding; the reasons the application has been refused, and if he will consider approving a grant for the organisation. [28890/04]

The Department of Community, Rural and Gaeltacht Affairs received an application from the group in question under the 2004 programme of grants for locally-based community and voluntary organisations. All applications received were assessed by reference to the criteria published in the scheme guidelines. The application in question was awarded a score under each of these criteria and the scores were added together to give a total score.

The number of applications for funding received under the programme far exceeded the funds available and only those proposals that achieved a sufficiently high total score arising from the assessment process were recommended for funding. Against this background, the application in question failed to achieve the requisite score to enable it to be considered for funding under the programme at this time. However, should further funds become available to the programme before year-end, this application will be reconsidered. It is open to any group to have the decision on its application reviewed by applying in writing to the Department and stating the grounds for review.

Pat Rabbitte

Question:

346 Mr. Rabbitte asked the Minister for Community, Rural and Gaeltacht Affairs if his attention has been drawn to the fact that a relatively small grant application for renewal of €3,700 to a centre (details supplied) in Dublin 12 to provide education for personal development courses in the community serving a significant number of local persons on a weekly basis has been refused on the basis that the application did not achieve sufficient points; the reasons for this cut-off in funding; if he will review this decision in view of the value of this resource to the local community; and if he will make a statement on the matter. [28891/04]

The Department of Community, Rural and Gaeltacht Affairs received an application in respect of personal development courses from the group in question under the 2004 programme of grants for locally-based community and voluntary organisations. All applications received were assessed by reference to the criteria published in the scheme guidelines. The application from the group in question was awarded a score under each of these criteria and the scores were added together to give a total score.

The number of applications for funding received under the programme far exceeded the funds available and only those proposals that achieved a sufficiently high total score arising from the assessment process were recommended for funding. Against this background, the application from the group in question failed to achieve the requisite score to enable it to be considered for funding under this year's programme. The group may have the decision on its application reviewed by applying in writing to the Department and stating the grounds for review.

Proposed Legislation.

Brian O'Shea

Question:

347 Mr. O’Shea asked the Minister for Community, Rural and Gaeltacht Affairs further to Parliamentary Questions Nos. 81 and 131 of 9 November 2004, if he anticipates that his Department’s process of examining and consideration of the recommendations in the report of the national committee on volunteering, Tipping the Balance, will be concluded by 31 December 2004; and if he will make a statement on the matter. [28892/04]

As stated in the replies to the previous parliamentary questions, a sub-committee of the implementation and advisory group has been examining the Tipping the Balance report with a view to identifying how its recommendations might be progressed. The report of the sub-committee is now available and makes a number of practical recommendations in this regard. The Department of Community, Rural and Gaeltacht Affairs is considering these recommendations as part of its overall consideration of the Tipping the Balance report. I am reluctant to set a date for the conclusion of this process but it will be brought forward as speedily as possible.

Enda Kenny

Question:

348 Mr. Kenny asked the Minister for Community, Rural and Gaeltacht Affairs the number and title of each registered charity in the country; if he has satisfied himself that legislation in this area is adequate to deal with difficulties that arise regarding accountability and expenditure; and if he will make a statement on the matter. [28911/04]

As the charities sector is unregulated, there are no registered charities in this country. A list is maintained and published by the Revenue Commissioners of those bodies which have been granted charitable tax exemption, which is sometimes mistaken as a register of charities. The main legislation about charities is over 40 years old. The outdated legal framework does not deliver the degree of accountability and transparency by charities which is necessary to maintain public trust and confidence in the sector.

In An Agreed Programme for Government, there is a commitment to address this unsatisfactory situation by undertaking a comprehensive reform of the law relating to charities to ensure accountability and to protect against charitable abuse and fraud. My Department's consultation paper, Establishing a Modern Statutory Framework for Charities, published earlier this year, proposed that a statutory body for the regulation of charities be set up, with responsibility for compiling, publishing and maintaining a list of registered charities. All charities would be obliged to register. Registered charities would be required to file annual returns with the regulatory body. Another of the statutory functions envisaged for the regulatory body would be to ensure the public accountability of charities.

The legislative proposals in the consultation paper met with a broad endorsement from the public. The next step is preparation of the draft legislation. The best estimate publication date for the draft legislation is at the end of 2005. The Department of Community, Rural and Gaeltacht Affairs charities regulation webpage, www.pobail.ie/en/charitiesregulation, can be consulted for information, publications and the latest updates on the proposed legislation.

National Drugs Strategy.

Seán Crowe

Question:

349 Mr. Crowe asked the Minister for Community, Rural and Gaeltacht Affairs the Government policy regarding the ongoing support and future development of a community-based response to the growing drugs crisis; his views on whether the various health boards are working to complement that policy; if salaries of community persons working in the sector are covered under the national pay agreement; and if he will make a statement on the matter. [29035/04]

The Department of Community, Rural and Gaeltacht Affairs has overall responsibility for co-ordinating the implementation of the national drugs strategy. In addition, it has responsibility for the work of the 14 local drugs task forces as well as the young people's facilities and services fund. The role of the local drugs task forces is to prepare local action plans, including a range of measures in the areas of treatment, education, prevention and curbing local supply, etc. In addition, the local drugs task forces provide a mechanism for the co-ordination of services in these areas, while allowing local communities and voluntary organisations to participate in the planning, design and delivery of those services. The local drugs task forces are designed to complement the extensive range of interventions being delivered through the State agencies.

The local drugs task forces are a vital and important part of the Government's overall response to tackling drug misuse and will continue to be so in the future. The then regional drugs task forces, set up throughout the country, are modelled on the local drugs task force approach. In terms of ongoing support, over €80 million has been allocated or spent to date to implement the various projects contained in the two rounds of plans of the local drugs task forces. A further €12.8 million has been allocated to approximately 50 projects under the local drugs task force premises initiative and approximately €75 million has been allocated or spent under the two rounds of the young people's facilities and services fund, primarily in local drugs task force areas. I am satisfied that the services provided by statutory agencies, such as the health boards, and the initiatives being funded through the local drugs task forces and the young people's facilities and services fund complement each other. When taken as a whole, I believe that they offer a comprehensive response to tackling the drugs issue in communities. Provision for national pay agreement awards will continue to be made in the annual allocations made by the Department of Community, Rural and Gaeltacht Affairs to drugs programmes.

Grant Payments.

Cecilia Keaveney

Question:

350 Cecilia Keaveney asked the Minister for Community, Rural and Gaeltacht Affairs the reason a grant application made under the locally-based community and voluntary organisations programme was not successful (details supplied); and if he will make a statement on the matter. [29036/04]

The Department of Community, Rural and Gaeltacht Affairs received an application from the group in question under the 2004 programme of grants for locally-based community and voluntary organisations. All applications received were assessed by reference to the criteria published in the scheme guidelines. The application in question was awarded a score under each of these criteria and the scores were added together to give a total score.

The number of applications for funding received under the programme far exceeded the funds available and only those proposals that achieved a sufficiently high total score arising from the assessment process were recommended for funding. Against this background, the application in question failed to achieve the requisite score to enable it to be considered for funding under this year's programme. The group may have the decision on its application reviewed by applying in writing to the Department and stating the grounds for review.

Cecilia Keaveney

Question:

351 Cecilia Keaveney asked the Minister for Community, Rural and Gaeltacht Affairs the reason a grant application made under the locally-based community and voluntary organisations programme was not successful (details supplied); and if he will make a statement on the matter. [29037/04]

The Department of Community, Rural and Gaeltacht Affairs received an application containing a number of proposals from the group in question under the 2004 programme of grants for locally-based community and voluntary organisations. All applications received were assessed by reference to the criteria published in the scheme guidelines. The proposals from the group in question were awarded scores under each of these criteria and the scores were added together to give total scores.

The overall number of applications for funding received under the programme far exceeded the funds available and only those proposals that achieved a sufficiently high total score arising from the assessment process were recommended for funding. Against this background, the proposals from the group in question on computer equipment and refurbishment failed to achieve the requisite scores to be considered for funding under this year's programme. The group may have the decisions on these proposals reviewed by applying in writing to the Department and stating the grounds for review. I am pleased to confirm, however, that the group was awarded a grant of €5,520 in respect of its proposal for funding to purchase chairs, tables and speaker equipment for their community centre.

Ministerial Appointments.

Bernard J. Durkan

Question:

352 Mr. Durkan asked the Minister for Community, Rural and Gaeltacht Affairs if any new advisers or consultants have been appointed by him since the Government reshuffle of September 2004; if such appointments are replacements for or are in addition to previous appointments; the salary and terms of employment in each case; and if he will make a statement on the matter. [29125/04]

I assume that the Deputy is referring to the appointment of staff such as special or media advisers. No such advisers or consultants have been appointed by me since the Government reshuffle of September 2004.

Scéim na mBóithre Áise.

Enda Kenny

Question:

353 D’fhiafraigh Mr. Kenny den Aire Gnóthaí Pobail, Tuaithe agus Gaeltachta an bhfuair sé iarratas le haghaidh Scéim na mBóithre Áise (sonraí tugtha), an bhfuil an t-iarratas scrúdaithe ag an Roinn; agus an ndéanfaidh sé ráiteas ina leith. [29216/04]

Tá an t-iarratas sa chás seo scrúdaithe ag oifigeach de chuid mo Roinn-se ó 4 Samhain 2004. Cuirfear an bóthar seo san áireamh i gcoimhlint le cásanna eile nuair a bheidh an chéad liosta eile de bhóithre áise á réiteach.

Irish Language.

Damien English

Question:

354 Mr. English asked the Minister for Community, Rural and Gaeltacht Affairs the safeguards that are in place to protect the Irish language in the Gaeltacht areas of County Meath; and if he will make a statement on the matter. [29265/04]

My Department administers, on an ongoing basis, a range of schemes and initiatives aimed at supporting the language in all of the Gaeltacht areas, including the Gaeltacht areas of County Meath. Specific measures that have recently been initiated by my Department and by Údarás na Gaeltachta to strengthen the language in the Gaeltacht areas of County Meath include the approval of a grant of €330,000 over three years to Comharchumann Ráth Cairn under a new language planning initiative being implemented by my Department in co-operation with Údarás na Gaeltachta, which will facilitate the implementation of specific measures aimed at strengthening the usage of the language at community and household level. Údarás na Gaeltachta will provide grant aid to Comhlacht Forbartha Baile Ghib to facilitate the appointment of a development officer for the area.

Other measures being implemented that will have a positive bearing on the language in Gaeltacht areas include the initiation of a socio-linguistic study on the usage of Irish in the Gaeltacht as a basis for the further strengthening of the linguistic development of the Gaeltacht and for a review of the official Gaeltacht boundaries; the implementation of a language awareness campaign, ár dteanga nádúrtha féin, which seeks to persuade parents in Gaeltacht areas of the advantages of choosing Irish as the predominant household language; the provision of €1.56 million over three years to implement a new language planning initiative in Gaeltacht areas on a pilot basis; the provision of an additional €890,000 in 2004 for the implementation of language-centred initiatives in Gaeltacht areas; the provision of an additional €1 million to Údarás na Gaeltachta in the current year in order to enable it to further assist in the area of pre-schooling, youth services, as well as other support measures for the language in the Gaeltacht; the implementation of the Official Languages Act 2003; the appointment of An Coimisinéir Teanga; and the decision by Government to initiate discussions with other EU member states and with the Commission to seek official working language status for Irish.

I am satisfied that significant progress has been made to the safeguarding and strengthening of the language in the Gaeltacht. I remain amenable to any new recommendations or suggestions as to how this objective can be achieved.

Decentralisation Programme.

Olwyn Enright

Question:

355 Ms Enright asked the Minister for Agriculture and Food the number of persons who have applied to be decentralised to Port Laoise; the estimated time for completion of the programme to Port Laoise; if a location has been found and approved; and if she will make a statement on the matter. [29465/04]

The closing date for receipt of priority applications to the central applications facility was 7 September 2004. Based on the information provided from this, the total number of persons who applied for decentralisation to my Department's headquarters in Port Laoise is 205. This figure includes staff from my Department, external Civil Service staff and public service staff.

The decentralisation implementation group, chaired by Mr. Phil Flynn, is to report to the Cabinet sub-committee on decentralisation later this month on sequencing and timing. The position may then become clearer as to the estimated time for completion of the decentralisation programme to Port Laoise.

Grant Payments.

David Stanton

Question:

356 Mr. Stanton asked the Minister for Agriculture and Food the arrangements that are in place to allow for the smooth changeover from special beef and area aid application to the new single farm payment in the situation in which a person who farmed land and made an application during 2000 to 2002 but has since 2002 handed over management, but not ownership of the farm to a relative who has developed the farm since 2002; the position regarding the possibility for a landowner who for reasons such as health or old age to nominate the person who is now farming all or part of their land to draw all or part of the single farm payment; and if she will make a statement on the matter. [28639/04]

The new single payment scheme is applicable to persons who actively farmed during 2000, 2001 and 2002, who were paid livestock premia and-or arable aid in one or more of those years and who continue to farm in 2005. Under the provisions of the relevant EU regulations, an individual, who was in receipt of direct payments during this period, has at least three options as outlined below regarding the single payment scheme. He or she can take over the management of the farm and claim the single payment; transfer the lands by way of gift to a relative. The transferee can claim the inherited entitlements by completing form SPS/3/NE, available from my Department's local offices and website, and submitting it to my Department.

The lands could be transferred by way of lease or sale whereby the following provisions will apply to the transfer of the single payment entitlements. A lease-sale agreement which is in place by the closing date for receipt of applications for the single payment in 2005 may be considered as the lease-sale of the entitlements with land if the following criteria are met: a clause is included in the lease-sale agreement indicating that the farmer intends to lease-sell with the land the payment entitlements to be established by the transferee; the transferor applies to establish the entitlements and attach a copy of the lease-sale agreement; the transferee applies for single payment and attaches a copy of the lease-sale agreement to the application.

Land Annuities.

Martin Ferris

Question:

357 Mr. Ferris asked the Minister for Agriculture and Food the amount of arrears in annuities owed by farmers with an annual annuity of €200 or more; and the average amount of arrears owed. [28694/04]

The total arrears of land purchase annuities owed by farmers with an annual annuity of €200 or more amounted to €3.6 million on 31 October 2004 and this amounts to an average of € 1,565 for each farmer in this category.

Food Industry.

Pat Breen

Question:

358 Mr. P. Breen asked the Minister for Agriculture and Food if her attention has been drawn to the serious problems facing the small mushroom growers here, where costs have gone extraordinarily high and where wholesale prices are being reduced by the multinational retailers; the measures she intends to put in place in order to deal with this crisis; and if she will make a statement on the matter. [28861/04]

The mushroom sector is facing many serious challenges including increases in the costs of production and downward pressure on prices due to increased competition from Dutch and Polish mushroom producers on our main market in the UK. Producers here have found themselves in a price-cost squeeze. Small growers are vulnerable in this situation and it is important for them to form part of a broad supply base. In this regard membership of a producer organisation provides a vehicle to achieve co-ordination of supply and also facilitates the drawing down of EU aid.

The mushroom task force was set up at the end of last year to consider the problems facing the industry. It issued its report earlier this year and made a number of recommendations to address the competitive threats facing the sector. Implementation of these recommendations is ongoing and is important for all in the industry to embrace change so that the sector can maximise its position to face the challenges arising in the future.

Grant Payments.

Paul Kehoe

Question:

359 Mr. Kehoe asked the Minister for Agriculture and Food the status of the appeal for the single payment scheme for a person (details supplied) in County Wexford; when a decision will be made; and if she will make a statement on the matter. [28868/04]

The person named has been notified that the circumstances outlined in his application did not satisfy the criteria for force majeure-exceptional circumstances under Article 40 of Council Regulation (EC) No. 1782/2003. Following this decision, the person named submitted an appeal to the independent single payment appeals committee. It was noted that additional medical evidence was submitted with his appeal and consequently his application is being reviewed by the single payment unit. The person will be notified shortly of the outcome of his appeal.

Phil Hogan

Question:

360 Mr. Hogan asked the Minister for Agriculture and Food the details of achieving cross-compliance in respect of entitlements to farmers; when she intends to appoint one inspector only to adjudicate on these matters; and if she will make a statement on the matter. [28869/04]

Under the new single payment scheme farmers may be checked to ensure they continue to respect the various statutory management requirements set down in EU directives and regulations on the environment, food safety, animal health, and welfare, and plant health. Most of these provisions have been in place for some years and generally farmers are aware of the various requirements. In addition, farmers must maintain the farm in good agricultural and environmental condition and the member state will be obliged to ensure that there is no significant reduction in the amount of land under permanent pasture by reference to the total area under permanent pasture in 2003. These requirements are termed cross-compliance.

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

In addition to cross-compliance checks, it is a requirement to carry out standard eligibility checks to verify that the actual area claimed in the single payment application form corresponds with the area held by the farmer and to ensure there are no overlapping claims, or duplicate claim. Checks will also be required to confirm that the lands declared for set-aside purposes are maintained in accordance with the provisions of the EU regulations and that the set-aside obligations are observed. It will also be necessary to verify that the land used to activate entitlements does not contain land used for fruit and vegetable production, potatoes or is in forestry or other permanent crops in the year of application for the single payment.

My Department, as the paying agency, will have primary responsibility to ensure that inspections are effective, the required level of cross-compliance and eligibility inspection is carried out, and for fixing any sanctions to be applied. Every effort will be made to integrate inspections to the maximum extent possible thereby minimising the number of inspection visits and to move towards a situation where, in most cases, eligibility and cross-compliance checks can be carried out during a single farm visit. This approach should minimise the level of inconvenience to farmers. However, in certain instances it will not be possible to avoid more than one inspection of the same holding.

My Department has prepared a consultative document on cross-compliance, including details of the standards required, and has made it available to interested organisations. This document, which invites comments by Friday 19 November 2004, has also been posted on my Department's website. When consultations are complete my Department will publish an information booklet on cross-compliance primarily for the assistance of applicants under the single payment scheme.

Bovine Diseases.

Fergus O'Dowd

Question:

361 Mr. O’Dowd asked the Minister for Agriculture and Food her views on the story in a newspaper (details supplied) that BSE risk material may have unsuspectingly entered the national food chain through the pipes of a company (details supplied); and if she will make a statement on the matter. [28870/04]

My Department and two other defendants are being sued in the High Court by a company in Drogheda which had been engaged to store specified risk material tallow by a third party and which claims to have done so unknowingly. The newspaper story to which the Deputy refers is based on a statement made in the course of the case by a former employee of the company. I would not propose to comment on the case other than to say that my Department is vigorously defending its position in the court.

Departmental Budgets.

Denis Naughten

Question:

362 Mr. Naughten asked the Minister for Agriculture and Food the current spend under each budget subhead within her Department; the plans she has to meet the subhead spend by the end of 2004; and if she will make a statement on the matter. [28871/04]

In the period January to October 2004, my Department has spent a total of €1.025 billion or 73% of its Voted allocation.

Details are as follows:

Subhead

€ million

A.1 to A.11

Administrative Budget

199.5

B

Research and testing

15.0

C

Food Safety, Animal Health/ Welfare, Plant Health

130.5

D

Market Supports Operational Costs

19.1

E

Income Support in Disadvantaged Areas

227.4

F

Rural Environment Protection

150.3

G

Early Retirement/ Installation Aid

67.3

H

Development of Agriculture

22.4

I

Forestry

81.6

J

Teagasc Grant in Aid

87.0

K

Bord Bia Grant in Aid

12.7

L

Bord Glas Grant in Aid

2.5

M

Food Aid Donations

4.8

N

Other

4.9

Total

1,025

The Estimates procedure is intended to ensure that adequate financial provision is made for the provision of public services and the implementation of Government programmes and policies. Budget consumption is not in itself an aim, although every effort is made to provide prudent Estimates which are as accurate as possible, having regard to the variables which can affect the level of expenditure.

In the case of my Department, the bulk of voted expenditure relates to demand-led schemes and activities and budget consumption is in many instances contingent on participation by farmers and other clients in such schemes.

Grant Payments.

Denis Naughten

Question:

363 Mr. Naughten asked the Minister for Agriculture and Food further to Parliamentary Question No. 277 of 9 November 2004, the number of successful and unsuccessful applicants by each category; and if she will make a statement on the matter. [28872/04]

The details sought by the Deputy are set out in the table:

Number

No. cases received

15,288

No. cases processed

14,635

No. unsuccessful applicants

9,892

No. successful applicants

2,028

No. cases requiring additional information

2,715

Force Majeure decisions by Category

Unsuccessful

Successful

Death of applicant

957

898

59

Incapacity

2,058

1,367

691

Disaster

45

39

6

Destruction

28

25

3

Disease in herd

1,627

1,230

397

Other exceptional circumstance

5,421

5,157

264

Multiple circumstances

1,784

1,545

239

My Department has also received in excess of 2,000force majeure applications under the second tranche of this measure, which closed on 29 October 2004.

Farm Waste Management.

Denis Naughten

Question:

364 Mr. Naughten asked the Minister for Agriculture and Food the plans she has to provide additional funding to farmers to implement the recommendations of the Brosnan report; and if she will make a statement on the matter. [28873/04]

The recommendations of the Brosnan report regarding the possibility of allocating increased funding to the farm waste management scheme will be considered. An action programme for the implementation of the nitrates directive has been submitted to the European Commission whose response is awaited.

Grant Payments.

Liam Twomey

Question:

365 Dr. Twomey asked the Minister for Agriculture and Food if she will investigate the case of a person (details supplied); and if she will make a statement on the matter. [28874/04]

EU Directive 64/432/EEC provides that, where an animal reacts positively to a TB test, two clear tests at two monthly intervals are required before the officially TB-free status of the holding can be restored. The directive, however, provides for a derogation from the second test provided certain conditions such as an epidemiological investigation and laboratory examinations on the carcass are fulfilled. This derogation is catered for under the Department's singleton policy which, among other things, provides that glands may be removed from the reactor post mortem and tested in a laboratory. On this occasion, the glands were not examined in the laboratory and therefore the herd must be subjected to two clear tests.

The herd of the person concerned had its first reactor re-test on 5 November 2004. This test was clear. The second reactor re-test is due to be conducted on 31 December 2004. If this test is clear, the holding will be de-restricted and the cattle passports will be returned to the person concerned. The person concerned may be eligible for a hardship grant and should submit an application immediately to his local district veterinary office. The hardship grant scheme is aimed at assisting eligible owners or 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.

Early Retirement Scheme.

John Perry

Question:

366 Mr. Perry asked the Minister for Agriculture and Food if she will waive or reduce the overpayment in a person’s (details supplied) in County Sligo early retirement pension in view of the fact that they have limited finances; and if she will make a statement on the matter. [28941/04]

It is a requirement of EU Council Regulation 1257/1999, under which the early retirement scheme was introduced, that the early retirement pension may be paid only as a supplement to any national retirement pension payable. This means that any national retirement pension to which a participant becomes entitled, whether before or after entry to the scheme, must be deducted from the early retirement pension.

The overpayment in this case arose from the fact that the person named was, for a time, receiving both an old age contributory pension and the full amount of the early retirement pension. My Department is obliged to recover all overpayments under the scheme, which is co-funded by the European Union. However, my officials will give very sympathetic consideration to any proposals the person named may wish to make to repay the debt over a period.

Milk Quota.

John Perry

Question:

367 Mr. Perry asked the Minister for Agriculture and Food if her attention has been drawn to the fact that a person (details supplied) in County Sligo has applied for additional quota from the national reserve: if a favourable decision will be made in view of the fact that he is a full-time farmer, with substantial borrowings, and taking into consideration the fact that his herd was locked up; and if she will make a statement on the matter. [28945/04]

Allocations of milk quota from the national reserve are granted on the basis of recommendations from the milk quota appeals tribunal. The tribunal is a body established to consider and advise on applications for additional quota from individual producers who have suffered severe hardship in the context of the milk quota system.

The named person submitted an application for additional quota on the grounds of hardship in the 2003-04 milk quota year. However, there was insufficient quota available in the 2003-04 year to enable the tribunal to deal with all applications received and some, including that from the named individual, were held over for consideration in the current 2004-05 quota year, and it was not necessary for the person to make a fresh application. The tribunal examined his application recently and recommended an allocation of additional quota, effective from the 2004-05 quota year. The person concerned and his co-operative have been notified of this allocation.

The tribunal also considers applications from producers whose herds have been restricted by animal disease such as TB or brucellosis during the quota year. The person named also submitted an application on the grounds of animal disease in the 2003-04 year. The tribunal examined his application last March, but it was unable to recommend an allocation on that occasion. However, if the person's herd is restricted in the current 2004-05 quota year he may apply again under the animal disease scheme.

Grant Payments.

Trevor Sargent

Question:

368 Mr. Sargent asked the Minister for Agriculture and Food further to Parliamentary Question No. 291 of 9 December 2003 regarding the matter of recouping from Coillte Teoranta forestry premium grants awarded to it but subsequently excluded from community financing under the guarantee section of the European agricultural guidance and guarantee fund, and confirmed by a European Court decision (details supplied), if she has received the legal advice referred to by her predecessor; and if she has consequently made a decision regarding seeking the return of these funds from Coillte Teoranta. [29032/04]

The State has repaid the forestry premium grants in question to the EU. On the question of whether or not these moneys should now be recouped in turn from Coillte Teoranta, I can confirm that the advice of the Office of the Attorney General has been received but no decision has been taken in the matter. The question is being reviewed in the context of the future strategy for Coillte.

Trevor Sargent

Question:

369 Mr. Sargent asked the Minister for Agriculture and Food the legal costs incurred by the State in the unsuccessful application for annulment of Commission Decision 2000/449/EC of 5 July 2000 excluding from community financing forestry premium grants to Coillte Teoranta. [29033/04]

The costs of senior and junior counsel borne by the Chief State Solicitor's Office in the case amounted to some €30,000.

Ministerial Appointments.

Bernard J. Durkan

Question:

370 Mr. Durkan asked the Minister for Agriculture and Food if any new advisers or consultants have been appointed by her since the Government reshuffle of September 2004; if such appointments are replacements for, or are in addition to, previous appointments; the salary and terms of employment in each case; and if she will make a statement on the matter. [29126/04]

The following appointments have been made to my office since the Government reshuffle in September 2004.

Name

Title

Replacement

Salary Scale

Tom Reddy

Press Adviser

No

82,066.00

Dermot Murphy

Special Adviser

Yes

67,305.00

The above appointments are on a contract basis and will terminate not later than when I cease to hold the post of Minister for Agriculture and Food.

Grant Payments.

Paul Kehoe

Question:

371 Mr. Kehoe asked the Minister for Agriculture and Food when a person (details supplied) in County Wexford will be awarded a slaughter premium dating back to December 2002 for an animal; and if she will make a statement on the matter. [29137/04]

Under the 2002 slaughter premium scheme, the person named had 92 animals deemed eligible for payment. Payment has issued in full on these animals.

The person named contacted my Department in March of this year regarding eligibility under the 2002 slaughter premium of one animal which he had exported to Lebanon in December 2002. Following investigations, this animal has now been deemed eligible for slaughter premium and accordingly, payment will issue shortly.

Decentralisation Programme.

Mary Upton

Question:

372 Dr. Upton asked the Minister for Agriculture and Food the number of her Department’s Dublin-based staff who have applied through the central applications facility for decentralisation; and if she will make a statement on the matter. [29150/04]

The closing date for receipt of priority applications from the central applications facility was 7 September 2004. Based on the information received on that date, some 48 Dublin-based staff in my Department are seeking a transfer to decentralised offices in Portlaoise, Macroom and Fermoy. While my Department has received a further break-down of the numbers of staff in the Department who wish to transfer to other organisations, this information does not distinguish between Dublin and province-based staff. Many applications have been made through the central applications facility since 7 September.

Grant Payments.

Paul Connaughton

Question:

373 Mr. Connaughton asked the Minister for Agriculture and Food when a decision will be made on a force majeure appeal in the name of a person (details supplied) in County Galway; and if she will make a statement on the matter. [29241/04]

The person named has been notified that the circumstances outlined in his application did not satisfy the criteria for force majeure-exceptional circumstances under Article 40 of Council Regulation (EC) No. 1782/2003. Following this decision the person named submitted an appeal to the independent single payment appeals committee. A full review of the circumstances of the case will be carried out by the independent single payment appeals committee and the person named will be notified shortly of the outcome.

Paul Connaughton

Question:

374 Mr. Connaughton asked the Minister for Agriculture and Food the position regarding a force majeure appeal in the name of a person (details supplied) in County Galway; and if she will make a statement on the matter. [29242/04]

The person named has been notified that the circumstances outlined in his application did not satisfy the criteria for force majeure-exceptional circumstances under Article 40 of Council Regulation (EC) No. 1782/2003. Following this decision the person named submitted an appeal to the independent single payment appeals committee. A full review of the circumstances of the case will be carried out by the independent single payment appeals committee and the person named will be notified shortly of the outcome.

Paul Connaughton

Question:

375 Mr. Connaughton asked the Minister for Agriculture and Food when a decision will be made on a force majeure appeal by a person (details supplied) in County Galway; and if she will make a statement on the matter. [29243/04]

My Department has no record of having received an application under force majeure from the person named in respect of his single farm payment entitlements. If the person named can furnish a copy of the force majeure application to the single payment unit, Government buildings, Port Laoise, it will be processed as soon as possible and a response will issue directly to the person named.

Willie Penrose

Question:

376 Mr. Penrose asked the Minister for Agriculture and Food why it is taking so long for her Department to process applications from persons who entered the REPS 3 programme directly from the REPS 2 programme; if same will be expedited; and if she will make a statement on the matter. [29431/04]

In keeping with the arrangements that were announced when REPS 3 was introduced in June, REPS 2 participants transforming to REPS 3 have had their REPS 2 payments processed in the normal way and will receive top-up payments by the end of the year. These top-up payments will start to issue next week. This arrangement was a temporary one pending modification of my Department's systems; from this week on, REPS 2 farmers transforming to REPS 3 will receive the full REPS 3 payment.

Asylum Support Services.

Bernard Allen

Question:

377 Mr. Allen asked the Minister for Justice, Equality and Law Reform if funding will be made available to a centre (details supplied) in County Cork in view of the fact that the future of the service is in doubt due to the lack of funding for a building. [29022/04]

Funding in the sum of €40,000 was recently made available from the European refugee fund to the organisation to which the Deputy refers. This is a fund administered by the reception and integration agency of my Department and is used to finance projects in the reception, integration and repatriation areas. I understand that discussions are taking place between the local organisation and officials of the agency regarding the precise use of the funds that have been allocated.

Corruption Perception Index.

Richard Bruton

Question:

378 Mr. R. Bruton asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to recent information published by Transparency International on the corruption perception index in which it appears Ireland’s position has deteriorated significantly in recent years; if he has considered assessing the elements in the Finnish policy which sees it consistently ranked as the country with the lowest perceived corruption in the world; and the elements he believes have contributed to the slide in Ireland’s ranking. [29108/04]

Each year Transparency International, a non-governmental organisation, publishes an international corruption perceptions index, or CPI, which charts perceived levels of corruption in countries worldwide. In the 2003 index Ireland was ranked jointly with the USA at 18th place with a score of 7.5. This compares with a ranking of 23rd from a score of 6.9 in the 2002 index. On the rating scale, a score of 10 represents "highly clean" and a score of 0 represents "highly corrupt". While there is no room for complacency, Ireland's position in the index is improving.

Fireworks Licences.

Paul Kehoe

Question:

379 Mr. Kehoe asked the Minister for Justice, Equality and Law Reform the number of fireworks licences granted during the past five years. [29310/04]

Fireworks are deemed to be explosives under the provisions of the Explosives Act 1875. They may be imported into the State only under an importation licence granted by my Department. It is a long standing policy that these licences are granted only for organised displays conducted by professional and experienced operators and in accordance with agreed safety procedures. The number of importation licences for fireworks granted by my Department in the past five years is set out hereunder:

Year

Number of Importation Licences

2004 (to date)

324

2003

312

2002

246

2001

176

2000

192

1999

143

Decentralisation Programme.

Olwyn Enright

Question:

380 Ms Enright asked the Minister for Justice, Equality and Law Reform the number of persons who have applied to be moved to Portarlington under decentralisation; if Portarlington will be included in the first tranche of decentralisation; the estimated time for completion of the programme to Portarlington; if a location has been found and approved; and if he will make a statement on the matter. [29463/04]

As part of the Government's decentralisation programme two areas of my Department, the Data Protection Commissioner's office and the Equality Tribunal will decentralise to Portarlington. Based on the decentralisation central applications facility data of 7 September 2004, 21 civil servants and one public servant have nominated the Data Protection Commissioner's office as their first preference and 19 civil servants and three public servants have nominated the Equality Tribunal as their first preference for decentralisation.

The CAF will remain open for the receipt of applications until such time as the decentralisation programme has been implemented in full. The decentralisation implementation group is expected to report to the Cabinet sub-committee on decentralisation outlining its views on sequencing and timing later this month. An estimated date for completion of the programme to Portarlington will not be available until the deliberations of the Cabinet sub-committee are published.

The evaluation of property solutions to fulfil the accommodation brief for the staff decentralising to Portarlington is currently at an advanced stage. A number of sites have been short-listed and the process of evaluation of these sites by the Office of Public Works is at an advanced stage. When this process is completed, formal negotiations will commence with the respective owners of these sites.

Garda Vetting.

Seán Ryan

Question:

381 Mr. S. Ryan asked the Minister for Justice, Equality and Law Reform if he will report on the delay in potential employees obtaining Garda clearance to enable them to take up employment with various agencies dealing with children and young persons; the length of time it takes to receive such clearance; and the way in which he intends to resolve this matter. [28634/04]

I am informed by the Garda authorities that the current average turnaround time for Garda vetting is three weeks, although the vetting of persons who have lived in the United Kingdom may take longer, as inquiries would have to be carried out in that jurisdiction. I do not accept that this timeframe constitutes an undue delay. A working group established to examine the expansion and enhancement of the vetting services of the Garda Síochána submitted its final report to both the Garda Commissioner and me in March 2004. On the basis of this report, the Minister of State with special responsibility for children, Deputy Brian Lenihan, recently announced the provision of additional staff resources for the Garda central vetting unit to enable the Garda Síochána's vetting services to be extended to all persons working with children and vulnerable adults. The Minister of State's announcement implements one of the key recommendations of the working group. The other practical recommendations are being brought forward by an implementation group chaired by the Garda Síochána and comprising representatives of my Department; the Departments of Health and Children, Education and Science, and Finance; the Office of the Attorney General; and Mr. Paul Gilligan, CEO of the ISPCC. The enhanced arrangements will be available as soon as the necessary practical arrangements are in place.

Citizenship Applications.

Gay Mitchell

Question:

382 Mr. G. Mitchell asked the Minister for Justice, Equality and Law Reform if an application for naturalisation for a person (details supplied) has been examined; if all necessary documentation has been supplied; when he expects to be able to provide a decision on this application; the date of applications now being examined; and if he will make a statement on the matter. [28649/04]

At the time of issue of the letter referred to by the Deputy in March 2003, the average processing time for an application for naturalisation was 15 months. Consequently, the person concerned was informed that his application would be examined in the first half of 2004. Since that time, the processing time has extended to 24 months, primarily due to the significant increase in the volume of applications being received since 2002. Processing on the 1,400 applications received in the first quarter of 2003 is ongoing.

The examination of the application referred to by the Deputy is almost finalised. Until the examination is completed, it is not possible to state if further documentation will be required from the applicant. I have been informed that the application should be submitted to me within the next couple of months. I will inform both the applicant and the Deputy as soon as I have reached a decision on the application.

Gay Mitchell

Question:

383 Mr. G. Mitchell asked the Minister for Justice, Equality and Law Reform the number of applications for naturalisation received for each month since 1997, in tabular form; the number of applications processed for which a decision was made in each month; the number of applications granted in each month; the number of applications denied in each month; the date of applications being examined in each month; and if he will make a statement on the matter. [28655/04]

Statistical information available in the citizenship section of my Department has always been based on the number of applications received, certificates issued and applications refused. It is not possible, therefore, to provide details of the level of processing, where such processing has not yet resulted either in the issuance of a certificate or in the refusal of a certificate. In the period 1997 to 2001, records were maintained in such a way which would provide statistics of the total number of applications received, the total number of applicants naturalised and the total number of applicants refused in each year. Details in this regard are contained in Table A below.

For the period 2002 to date, records were modified in such a way which would enable the above information to be available on a monthly basis. Details in this regard are contained in Tables B, C and D below. It should be noted that the numbers of certificates issued or applications refused in a given period do not necessarily refer to the applications received during that the same period.

Table A.

New applications

Certificates issued

Applics. refused

1997

650

294

68

1998

588

352

31

1999

739

416

79

2000

1,004

125

57

2001

1,431

1,012

8

2002

3,574

1,332

109

2003

3,580

1,664

179

2004 (to end Oct.)

3,449

1,227

544

Table B.

2002

New applications

Certificates issued

Applics. refused

January

208

67

0

February

138

132

0

March

139

96

0

April

235

80

2

May

216

226

2

June

177

130

3

July

374

95

26

August

402

99

31

September

279

149

24

October

318

173

3

November

451

83

0

December

637

2

18

Table C.

2003

New applications

Certificates issued

Applics. refused

January

271

90

29

February

256

179

4

March

321

178

60

April

312

238

35

May

283

177

1

June

319

174

0

July

351

114

1

August

236

89

4

September

354

142

7

October

298

90

0

November

304

122

18

December

275

71

20

Table D.

2004

New applications

Certificates issued

Applics. refused

January

February

326

155

49

March

380

144

137

April

155

107

20

May

515

82

20

June

413

115

9

July

388

146

43

August

266

23

57

September

361

183

9

October

311

110

192

The average processing time for an application for naturalisation has fluctuated between 12 to 15 months and 24 months in the period 1997 to date. It is approximately 24 months at the present time. This is primarily due to the volume of applications that have been received in last three years.

There are 20 staff assigned to the citizenship section of my Department. In all, over 650 staff members are 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 of asylum applicants. However, the major reduction in the numbers of asylum applications is now giving me an opportunity to re-focus those resources on areas of service provision for non-nationals which are under resourced at this point in time. The citizenship area is one of the areas which will benefit from that process.

Garda Equipment.

Tony Gregory

Question:

384 Mr. Gregory asked the Minister for Justice, Equality and Law Reform, further to Question No. 168 of 4 November 2004, the location of the Garda masts surveyed in the Dublin city area; the survey findings in each case; the Garda masts surveyed annually; the number of previous occasions on which the Garda mast at a station (details supplied) in Dublin 1 was surveyed; and the date of the last occasion. [28659/04]

Tony Gregory

Question:

386 Mr. Gregory asked the Minister for Justice, Equality and Law Reform the length of time the Garda telecommunications masts have been in situ at Garda stations (details supplied) in Dublin 1; the number and the type of antennae attached to the masts which are in use now and in the recent past; the number of the antennae which are for the sole use of Garda communications; the number and the type of antennae which belong to commercial mobile phone companies; the date on which the mobile phone antennae were attached to the masts; if emission audits have been carried out in relation to these masts recently; and if so, if he will provide copies. [28683/04]

I propose to take Questions Nos. 384 and 386 together.

I am advised by the Garda authorities that surveys of the electromagnetic field strengths on masts have been carried out in the Dublin locations of Tallaght, Ronanstown and Coolock. As I have already stated in reply to Question No. 168 on 4 November, in all cases the survey findings showed that the cumulative electromagnetic field strength emitting from the Garda masts were thousands of times below both the public and occupational ICNIRP, or International Commission for Non-Ionising Radiation Protection, guidelines.

The number of masts to be surveyed annually can vary from year to year. Neither the mast at Fitzgibbon Street Garda station nor that at Cabra have been surveyed previously although the Garda authorities have informed me that they are in the process of having tests carried out at Fitzgibbon Street. The other information requested by the Deputy for these locations is as follows.

The mast at Fitzgibbon Street was installed in 1985. The following antennae are installed on the mast: eight microwave, six array panels, six AN3U, one SA400, one CAT 165, one TV and one TETRA.

The following antennae are in use by the Garda Síochána: four microwave links, six AN3U, one SA400, one CAT 165, one TV and one TETRA. The following antennae were installed in 1997 under the terms of the contract with O2: four microwave links and six array panels.

The mast at Cabra was installed in 1985. The following antennae are installed on the mast: ten microwave links, six array panels, two AN3U, one SDH150, one SDH450 and one CAT165. The following antennae are in use by the Garda Síochána: six microwave links, two AN3U, two SDH150, one SDH450 and one CAT165. The following antennae were installed in 1997 under the terms of the contract with O2: four microwave links and six array panel.

Visa Applications.

Brendan Howlin

Question:

385 Mr. Howlin asked the Minister for Justice, Equality and Law Reform if the non-national spouse of an Irish citizen, whose passport includes a stamp vouching their entitlement to reside here, is required to obtain a new visa on returning here after each visit to their home country; and if he will make a statement on the matter. [28682/04]

A citizen from a visa required country is obliged to have a valid Irish visa on each occasion they arrive at the frontiers of the State. There is no exemption for non-national spouses of Irish citizens other than the waiver of the required fee. However it is open to any visa required non-national legally resident in the State to apply for a multi re-entry visa to avoid the necessity to obtain a separate visa every time they wish to travel. In this regard, re-entry visas may be applied for from the Department of Foreign Affairs.

Question No. 386 answered with QuestionNo. 384.

Garda Investigations.

Tony Gregory

Question:

387 Mr. Gregory asked the Minister for Justice, Equality and Law Reform the details of the Garda involvement to date in the investigation of the stolen B urine sample and the doping of a horse (details supplied); and if he will make a statement on the matter. [28684/04]

I am informed by the Garda authorities that a complaint was made to the Garda about a break-in into a premises in this jurisdiction and that matter is now the subject of an investigation. It would not be helpful for me to make any further comment on Garda involvement in the investigation of the matter specifically referred to by the Deputy.

I have no role in the investigation or prosecution of cases. This is a long standing principle of our system of justice. The role of the Garda is to investigate alleged offences, to gather whatever evidence may be available and to submit a report to the Director of Public Prosecutions. The question of whether or not a particular person should be prosecuted and for what criminal offence is the responsibility of the DPP. The DPP, who is independent in the performance of his functions, makes his decision on the basis of the Garda findings viewed against the background of common and statute law. In the circumstances it would, therefore, be inappropriate for me to comment further on this case.

Prisoner Releases.

Joe Costello

Question:

388 Mr. Costello asked the Minister for Justice, Equality and Law Reform if he has the intention to release persons (details supplied) from prison; and if he will make a statement on the matter. [28697/04]

I do not intend to release either of the persons referred to by the Deputy at this stage. The first named person was reviewed by the parole board at the end of 2003 and I decided at the time that there was to be no temporary release in this case. The second person referred to by the Deputy is scheduled to have his case reviewed again by the parole board in or around June 2006.

Legal Aid Service.

Joe Costello

Question:

389 Mr. Costello asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the initiative by Mr. Justice Morris to solicit legal assistance through the Bar Council for persons (details supplied); if he had knowledge or involvement in the initiative; his views on whether the initiative was appropriate in view of the fact that these persons already had unpaid legal advisers for over seven years; if he will reconsider his decision to refuse these persons paid legal representation at the Morris tribunal; and if he will make a statement on the matter. [28698/04]

I refer the Deputy to the answer to Priority Question No. 74 of 3 November, and also the Adjournment debate of 28 October, both of which dealt with the question of legal representation for the persons concerned. I have no function regarding the legal costs of persons appearing before a tribunal, and I had no prior knowledge of, or involvement in, the initiative of Mr. Justice Morris in this regard.

As regards the pre-payment or guaranteeing of one party's costs, my position has been made clear in this House on a number of occasions. The power to decide the question of costs is a powerful incentive for witnesses to co-operate fully with tribunals, apart altogether from the other potential legal consequences of non-co-operation. It has been used as such by the chairman of this tribunal when he dealt with applications for costs arising out of the first module. It is therefore a very real power and I will not take any step that could possibly impact negatively on the work of the tribunal or the chairman's ability to get to the truth of matters in Donegal. Furthermore, any payment by the State of one party's costs would immediately raise the question as to why the State should not pay the costs of other third parties, or indeed every third party. Selective payments would be open to the interpretation that the State is effectively coming to its own view, in advance of the tribunal's findings, on which are the meritorious and which the unmeritorious parties before it.

The intention of the Oireachtas, in leaving the task of deciding costs to tribunals and in providing tribunals with the power to withhold costs from non-co-operative witnesses, was to ensure the effectiveness of tribunals. It is crucial that this power should remain available to tribunals and I would be very slow to consider any changes which would blunt the effectiveness of tribunals in uncovering the truth, as would be the case if the State were effectively to guarantee the payment of legal costs in advance. I do not believe that it would be sensible for the State to dilute this power in a way. That has been my clear and consistent position on the matter, one which I have maintained in the face of High Court challenges from a number of parties to the Morris tribunal.

The forum now exists for the truth about events in Donegal to be exposed. I know the chairman and his legal team are pursuing the truth with vigour. The tribunal has already demonstrated its effectiveness in doing so, and the Government has also shown its determination to take action on the findings of the tribunal. I call on everyone involved to participate in what is transparently a fair and effective process. It must also be of relevance for parties and their legal advisors to note that costs are being settled on a modular basis. This, when added to the urgency which the tribunal is bringing to its work, means that co-operative witnesses can expect to receive their costs much more quickly than might otherwise be the case.

Residency Permits.

Joe Costello

Question:

390 Mr. Costello asked the Minister for Justice, Equality and Law Reform the number of applicants who have sought residence here on the basis of an Irish born child prior to the Supreme Court decision of January 2003: the number of applicants after the Supreme Court decision to date: his plans to address these applications on a collective basis; and if he will make a statement on the matter. [28699/04]

Following the Supreme Court decision in the case of L & O in January 2003, the separate procedure for considering residency applications based solely on parentage of an Irish born child ceased on 19 February 2003. At that date a total number of 11,493 applications on this basis were outstanding. A further 10,584 applications had been granted from 1996 to the date of the Supreme Court decision. In relation to outstanding claims to reside in the State on the basis of parentage of an Irish born child and future claims for leave to remain in the State from the non-national parents of Irish born children, the Government decided that every such case would be examined and decided individually. A notice to this effect was published on 18 July 2003.

The amendment to the Constitution following the June referendum has allowed the Oireachtas to deal with the issue of citizenship for children of non-national parents. The Irish Nationality and Citizenship Bill 2004 is currently before this House. Until that legislation is enacted, the situation on the ground is unchanged. Any person born in Ireland is still entitled to Irish citizenship. This continues to be an attraction to persons with no link to Ireland to seek to come to Ireland to acquire Irish and EU citizenship for their children. In these circumstances it would be inappropriate for any change in procedures to be introduced in advance of the establishment of legislation as envisaged by the recent referendum. I have no plans for dealing with all cases on a collective statutory basis. Each case will be dealt with individually.

I have indicated at a recent meeting of the Dáil Committee on Justice, Equality, Defence and Women's Rights that I will in the near future make public my approach to the resolution of the issues raised in their cases. I have indicated the approach I will take will be on the basis of decency, pragmatism and common sense.

Irish Prison Service.

Joe Costello

Question:

391 Mr. Costello asked the Minister for Justice, Equality and Law Reform when he proposes to publish the most recent report of the Inspector of Prisons; and if he will make a statement on the matter. [28700/04]

Under his terms of reference, the Inspector of Prisons and Places of Detention is required to submit a written report each year to the Minister for Justice, Equality and Law Reform on his activities. The first annual report of the inspector was provided in 2003 and I arranged for the publication of same. The inspector submitted his second annual report to my office in May 2004. However, the second report raises certain legal issues that need to be addressed. I am in correspondence with the inspector to ascertain if these issues can be resolved so that we may proceed to the publication phase as soon as possible.

Human Rights Issues.

Joe Costello

Question:

392 Mr. Costello asked the Minister for Justice, Equality and Law Reform when he proposes to appoint an Irish representative to the European committee for the prevention of torture; the way in which he proposes to address to observations of the Human Rights Commission in the third report of the ECPT to the Government; and if he will make a statement on the matter. [28701/04]

I hope to be in a position to nominate an Irish representative to the European committee for the prevention of torture and inhuman or degrading treatment or punishment in the near future. The observations of the Human Rights Commission on the third report of the ECPT were submitted to me on 26 October 2004 and are being examined.

Garda Stations.

Joe Costello

Question:

393 Mr. Costello asked the Minister for Justice, Equality and Law Reform if he has plans to close Garda stations in Dublin; if Fitzgibbon Street Garda station will be refurbished; and if he will make a statement on the matter. [28703/04]

I have been informed by the Garda authorities that at the present time there are no plans to close Garda stations in the Dublin metropolitan region. I am further advised that the accommodation requirements of the Garda at Fitzgibbon Street are currently under review.

Joe Costello

Question:

394 Mr. Costello asked the Minister for Justice, Equality and Law Reform if he intends to retain Fitzgibbon Street, Mountjoy Street and Cabra Garda stations; and if he will make a statement on the matter. [28705/04]

There are no proposals to close Fitzgibbon Street, Mountjoy or Cabra Garda stations.

Asylum Applications.

Joe Costello

Question:

395 Mr. Costello asked the Minister for Justice, Equality and Law Reform if, with regard to the monthly and quarterly statistics on asylum published by EUROSTAT, he as a matter of course transmits the entirety of the data sought and within the time requested; if not, the reasons for either incompleteness or delay; and if he will make a statement on the matter. [28728/04]

The Office of the Refugee Applications Commissioner has responsibility for providing EUROSTAT with statistical data in the area of asylum on the basis of a number of categories namely: monthly data on asylum applications broken down by nationality of applicant; monthly data on asylum decisions, at first instance, broken down by nationality of applicant and by decision type. Decision types include Geneva Convention status. Data on applications pending are also requested; quarterly data on applications for asylum by unaccompanied minors broken down by nationality and age group of applicant.

In so far as the relevant data are available to ORAC, I am advised that it is provided to EUROSTAT by that office. While the first two categories of data have to date only been provided on a quarterly basis, I am advised that arrangements have been made to ensure that ORAC now provides the data in question in line with EUROSTAT timeframes on a monthly basis.

Refugee Status.

Joe Costello

Question:

396 Mr. Costello asked the Minister for Justice, Equality and Law Reform the number of applications for judicial review of decisions of the Refugee Appeals Tribunal at present listed for hearing before the High Court; and if he will make a statement on the matter. [28729/04]

Joe Costello

Question:

397 Mr. Costello asked the Minister for Justice, Equality and Law Reform the number of cases in which leave to apply was sought in respect of applications made for leave to apply for judicial review of decisions of the Refugee Appeals Tribunal in 2004; the number of cases in which leave to apply was granted; the number of cases decided against the applicant; the number of cases decided in favour of the applicant; the number of cases withdrawn on terms favourable to the applicant; and if he will make a statement on the matter. [28730/04]

I propose to take Questions Nos. 396 and 397 together.

Some 34 applications for the judicial review of Refugee Appeals Tribunal decisions are listed for hearing before the High Court at present. In 2004, leave to apply was sought in respect of applications for judicial review of decisions of the Refugee Appeals Tribunal in 209 cases. Leave to apply was granted in 46 cases. Leave was granted on the basis of an agreed settlement in 42 cases, which did not proceed to judicial review by agreement of all parties. Leave was granted by the court after hearing the application in two cases. Leave was granted by the court on the basis of the tribunal conceding leave in two cases. None of the latter four cases which I have mentioned has been decided by the court, in favour of or against the applicants, to date. One case has been withdrawn on terms favourable to the applicant.

Garda Strength.

Charlie O'Connor

Question:

398 Mr. O’Connor asked the Minister for Justice, Equality and Law Reform the additional resources that are being made available to the Garda Síochána in Tallaght, Dublin 24; the actions to be provided in that regard; and if he will make a statement on the matter. [28748/04]

I have been informed by the Garda authorities which are responsible for the detailed allocation of resources, including personnel, that the personnel strength, all ranks, of Tallaght Garda station on 15 November 2004 was 169. The figure compares to 133 gardaí on 1 January 1998 and represents an increase of 36, or27%, since that date. Garda management will continue to appraise the policing and administrative strategy employed in Tallaght to ensure that an effective Garda service is maintained. The situation will reviewed by Garda management. The needs of Tallaght will be considered when additional personnel next becomes available, within the overall context of the needs of Garda stations throughout the country.

I am pleased that the Government has approved my proposal to increase the strength of the Garda Síochána to 14,000 members on a phased basis, in line with the key commitment in An Agreed Programme for Government. The implementation of the commitment will significantly strengthen the force's operational capacity. The Commissioner will draw up plans on how best to distribute and manage the resources, which will be targeted at areas of greatest need, as envisaged in the programme for Government. The programme identifies areas with significant drugs problems and a large number of public order offences. It will be possible to address other priorities, such as the need to increase significantly the number of gardaí allocated to traffic duties. I have promised that the additional gardaí will not be put on administrative duties. They will be put directly into frontline, operational, high-visibility policing and will have a real impact.

Rights of People with Disabilities.

Charlie O'Connor

Question:

399 Mr. O’Connor asked the Minister for Justice, Equality and Law Reform the consultations he has had with concerned groups in respect of the Disability Bill 2004; and if he will make a statement on the matter. [28749/04]

The Government appointed an expert consultation team in April 2002 to oversee the national consultation process. The team, which consisted of experts in legal, economic and social affairs, met and heard the views of stakeholders, including the disability legislation consultation group, the social partners, the community and voluntary sector and relevant Departments before it completed its task in February 2003. Deputies are aware that the group represents people with disabilities, their families, carers and service providers. It was established by the National Disability Authority to facilitate dialogue at national level, within the sector and with the consultation team. Following the broad-ranging consultations which took place in 2002 and early 2003, the group presented a document, Equal Citizens — Proposals for Core Elements of Disability Legislation, in February 2003.

Last year, the group met a number of members of the Government, including the Taoiseach, the Tánaiste, the then Minister of State with special responsibility for equality and disability, Deputy O'Dea, and the Minister of State at the Department of Health and Children with special responsibility for disability and mental health services, Deputy Tim O'Malley. The discussions covered such matters as assessment of need, standards, service provision, the need to build capacity in key sectors of the public service to allow for the provision of disability accessible services in a cost-effective way and workable redress mechanisms. Earlier this year, meetings took place between officials and the group at which it was given an outline of the proposals for legislation. Its views about the proposals were discussed and noted for consideration by the Cabinet committee on social inclusion.

The group had further meetings with the then Minister of State, Deputy O'Dea, on 19 May 2004. He outlined the developments in the Government's thinking and mentioned the issues which were still under discussion arising from meetings with officials in the early part of the year. He assured the group that the Government was committed to publishing the Bill at the earliest possible date. The Disability Bill 2004 was published as part of the national disability strategy and launched by the Taoiseach on 21 September 2004. When the then Minister of State, Deputy O'Dea, met the group, the authority and other interested groups on that day, he outlined the content of the Bill and other elements of the strategy. The group recently my colleague, the Minister of State, Deputy Fahey. It outlined to him the main areas of concern to them in respect of the Bill.

Child Care Services.

Phil Hogan

Question:

400 Mr. Hogan asked the Minister for Justice, Equality and Law Reform when child care grant assistance will be awarded to a community development (details supplied) in County Monaghan; and if he will make a statement on the matter. [28905/04]

I understand that an application for further capital grant assistance was submitted by the group in question to the Department of Justice, Equality and Law Reform in July 2004. The Deputy may be aware that the group has received over €1.3 million in capital and staffing grant assistance under the equal opportunities child care programme, which is a seven-year development programme which aims to increase the availability and quality of child care to support parents in employment, education and training. The progress of the programme was commented on favourably in the mid-term evaluations of the regional operational programmes and the national development plan. Following the mid-term review, additional funding of approximately €12 million was made available for the child care measures, bringing the total funding available for the programme to €449.3 million. The figure includes increased provision for capital developments, for which €157 million has been set aside.

The Department of Justice, Equality and Law Reform, with the technical assistance of ADM Limited and my approval, has approved 1,253 applications for capital grant assistance of over €120 million and 997 applications for staffing grant assistance of €103 million since 2000. Almost €45 million has been allocated for projects under the quality measure. Much of the remaining current funding is required for ongoing support to groups providing child care services to disadvantaged families to enable them to participate in employment, education and training opportunities. A list of outstanding capital applications is being finalised and the Department of Justice, Equality and Law Reform will write to the applicants in early December. It would be premature of me to comment further on this capital grant application in the interim.

Phil Hogan

Question:

401 Mr. Hogan asked the Minister for Justice, Equality and Law Reform when grant assistance will be awarded for child care to a community group (details supplied) in County Kilkenny; and if he will make a statement on the matter. [28906/04]

I understand that a capital grant application for over €1.9 million was submitted by the group to the Department of Justice, Equality and Law Reform some time ago.

The equal opportunities child care programme is a seven-year development programme which aims to increase the availability and quality of child care to support parents in employment, education and training. The progress of the programme was commented on favourably in the mid-term evaluations of the regional operational programmes and the national development plan. Following the mid-term review, additional funding of approximately €12 million was made available for the child care measures, bringing the total funding available for the programme to €449.3 million. The figure includes increased provision for capital developments, for which €157 million has been set aside.

The Department of Justice, Equality and Law Reform, with the technical assistance of ADM Limited and my approval, has approved 1,253 applications for capital grant assistance of over €120 million and 997 applications for staffing grant assistance of €103 million since 2000. Almost €45 million has been allocated for projects under the quality measure. Much of the remaining current funding is required for ongoing support to groups providing child care services to disadvantaged families to enable them to participate in employment, education and training opportunities.

The Deputy may be aware that the group in question has received a total of over €132,500 in capital and staffing grant assistance under the programme. A list of outstanding capital applications is being finalised and the Department will write to the applicants in early December. It would be premature of me to comment further on this capital grant application in the interim.

Visa Applications.

Mary Upton

Question:

402 Dr. Upton asked the Minister for Justice, Equality and Law Reform the reason a person (details supplied) was refused a holiday visa to Ireland; and if his attention has been drawn to the circumstances in support of this person’s wish to visit Ireland. [28907/04]

The application in question was refused because the Department of Justice, Equality and Law Reform's visa office was unable to determine, on the basis of the documentation supplied to it, the link, if any, which existed between the applicant and the sponsor in Ireland. There was an inconsistency between the applicant and the sponsor with regard to the purpose of the visit. The applicant stated that the purpose of the visit was to attend a wedding, but the sponsor made no reference to such an event. He merely stated that he had invited the applicant to stay with him over the Christmas period. It is open to the applicant to appeal against the refusal by writing to the Department's visa appeals officer.

Asylum Applications.

Fergus O'Dowd

Question:

403 Mr. O’Dowd asked the Minister for Justice, Equality and Law Reform if a person (details supplied) in County Louth will be granted permission to remain on humanitarian grounds; and if he will make a statement on the matter. [28908/04]

The persons in question applied for leave to remain in the State on humanitarian grounds following the refusal of their asylum applications by the Office of the Refugee Application Commissioner and their appeals by the Refugee Appeals Tribunal. The applications are under consideration by the Department and the applicants will be advised of the outcomes in due course.

Prison Accommodation.

Joe Costello

Question:

404 Mr. Costello asked the Minister for Justice, Equality and Law Reform the maximum number that Clover Hill Prison is designed to accommodate; the maximum number there was at any time over the past month; the maximum time a deportee has been held there; the deportees who are being held alongside convicted criminals or persons being deported for other than asylum related reasons; and if he will make a statement on the matter. [28909/04]

Clover Hill Prison is the committal prison for persons sent to prison by the courts in the Dublin and Leinster areas, on remand or awaiting trial. It was designed with a capacity of 400 prisoners, Following some "doubling up", it has a bed capacity for 433 prisoners. On 15 November 2004, 412 prisoners were detained there. I am informed that the highest occupancy level over the past month was 452.

Persons detained for deportation are treated as remand prisoners — they are subject to the same regime and receive the same privileges. Deportation prisoners are predominantly accommodated on the C division of the prison, along with other non-national prisoners. The power to detain those who are the subject of a deportation order is provided for in section 5 of the Immigration Act 1999, as amended by section 10 of the Illegal Immigrants (Trafficking) Act 2000. Persons can be detained for failing to comply with the requirements of a deportation order or to ensure their removal from the State. The Garda national immigration bureau, which is responsible for removals, makes every effort to keep the period of detention to a minimum. While I am unable to provide details on the longest period spent in custody by a person awaiting deportation, I can inform the Deputy that the earliest date that any person currently awaiting deportation was committed to custody for this reason was 5 October 2004. All others awaiting deportation were committed to prison after that date.

Residency Permits.

Tony Gregory

Question:

405 Mr. Gregory asked the Minister for Justice, Equality and Law Reform the reason the application of a person (details supplied) in Dublin 1 for residency here was returned without having been processed; and if he will make a statement on the matter. [28910/04]

Following the Supreme Court's decision in the cases of L and O, the separate procedure which existed to enable persons to apply to reside in the State on the basis of parentage of an Irish-born child ended on 19 February 2003. The Government decided that the procedure would not apply to cases outstanding on that date. The application was simply returned in cases in which the person had an alternative legal basis for remaining in this jurisdiction. The person to whom the Deputy refers had an alternative legal basis to remain in the State and the application was returned 21 July 2003. The issue of permission to remain will be considered if a person does not have an alternative legal basis for remaining in this jurisdiction, but only in the context of a ministerial proposal to deport. In such cases, the person will be notified of the proposal and given an opportunity to make representations in that regard. If the Minister decides not to make a deportation order following such representations, the factors set out in section 3(6) of the Immigration Act 1999 and the prohibition on refoulement, the person will be given leave to remain on a humanitarian basis.

Deportation Orders.

Bernard J. Durkan

Question:

406 Mr. Durkan asked the Minister for Justice, Equality and Law Reform, further to Question No. 113 of 3 November 2004, the matters unrelated to this persons application which brought about a review of the deportation proposal in the case of a person (details supplied) in County Kildare; the direction in which this review is now headed; when he expects to announce a decision in the case; if the conclusion is likely to lead to a reversal of the previous proposal to deport; and if he will make a statement on the matter. [28912/04]

Details of the case in question were outlined in my replies to Question No. 113 of 3 November last, Question No. 295 of 5 October last, Question No. 165 of 13 October last and Questions Nos. 427 and 437 of 27 October last. In my replies of 13 and 27 October, I advised the House that the person in question has been given a temporary stay of six months on the effecting of the deportation order made against her while her case is reviewed further by the Department of Justice, Equality and Law Reform. Following further examination of the case, I have decided to grant the person temporary leave to remain for a period of 12 months, with her case being reviewed at the end of that period.

Applications by individuals for leave to remain in the State are dealt with on a case-by-case basis. The merits or otherwise of each application are examined singularly. The granting of leave to remain may arise from a number of factors, none of which may be predominant. It is not usual to comment on individual cases for those reasons. As I said in my reply of 3 November, the decision not to proceed with the effecting of the deportation order in this case arose from matters unrelated to the person's asylum application. I am satisfied that the decision of the Refugee Applications Commissioner and the Refugee Appeals Tribunal not to recommend the granting of refugee status to the person was correct. There is no threat to the safety of the person if she returns to her country of origin. No issue arises in the case which warrants any amendment to the existing relevant legislation.

Garda Strength.

Enda Kenny

Question:

407 Mr. Kenny asked the Minister for Justice, Equality and Law Reform the number of gardaí by rank and Garda station in County Mayo; the scale of extra man hours to be allocated to County Mayo under his recent announcement; if he has satisfied himself that gardaí have adequate resources to do their job as intended; and if he will make a statement on the matter. [28913/04]

I have been informed by the Garda authorities which are responsible for the allocation of Garda resources, including personnel, that the personnel strength of each Garda station in the Mayo division on 15 November 2004 was as follows:

Station

Strength

Achill Sound

4

Balla

3

Ballina

36

Ballindine

1

Ballinrobe

11

Ballycastle

1

Ballycroy

1

Ballyglass

1

Ballyhaunis

9

Ballyvary

1

Bangor Erris

3

Bellacorick

1

Belmullet

19

Blacksod

1

Bonniconlon

1

Castlebar

57

Charlestown

4

Claremorris

21

Crossmolina

3

Easkey

4

Enniscrone

3

Foxford

2

Glenamoy

2

Glenisland

1

Hollymount

1

Keel

1

Kilkelly

2

Killala

2

Kilmaine

1

Kiltimagh

4

Knock

4

Lahardane

1

Louisburgh

2

Mulranny

1

Newport

2

Partry

2

Shrule

1

Swinford

24

Tourmakeady

1

Westport

27

Total

266

The number of gardaí by rank in the Mayo division is as follows:

Rank

Number

Chief Superintendent

1

Superintendent

6

Inspector

3

Sergeant

45

Garda

211

Total

266

Due to careful financial management within the justice group of Votes, I recently made an additional €4 million available to the Garda Commissioner to be spent on targeted Garda operations. The funding will provide, inter alia, for an additional 140,000 hours of overtime for the Garda Síochána between now and the end of the year on high visibility Garda operations. I have been advised that the Mayo division has been allocated 3,000 overtime hours as part of the new high profile policing operation. The management of the Garda is satisfied that adequate resources are in place in the Mayo division to provide a satisfactory policing service in the county.

I am pleased that the Government has approved my proposal to increase the strength of the Garda Síochána to 14,000 members on a phased basis, in line with the key commitment in An Agreed Programme for Government. The implementation of the commitment will significantly strengthen the force's operational capacity. The commissioner will draw up plans on how best to distribute and manage the resources, which will be targeted at areas of greatest need, as envisaged in the programme for Government. The programme identifies areas with significant drugs problems and a large number of public order offences. It will be possible to address other priorities, such as the need to increase significantly the number of gardaí allocated to traffic duties. I have promised that the additional gardaí will not be put on administrative duties. They will be put directly into frontline, operational, high-visibility policing and will have a real impact.

Registration of Title.

Michael Ring

Question:

408 Mr. Ring asked the Minister for Justice, Equality and Law Reform when a deed of transfer application lodged in the Land Registry office on 3 April 2003 will be finalised for persons (details supplied). [28914/04]

I have been informed by the Registrar of Titles that an application for deed of exchange was lodged in respect of this case on 13 April 2002, and dealing number D2002SM003640P refers. I am further informed that the application is associated with dealing number D2000SM004552X, which was lodged on 15 May 2000. I have been informed that both applications are receiving attention in the Land Registry and will be dealt with as soon as possible.

Michael Ring

Question:

409 Mr. Ring asked the Minister for Justice, Equality and Law Reform the position of a dealing application with the Land Registry office to whom a query issued. [28915/04]

I have been informed by the Registrar of Titles an application for transfer of part and a deed of charge in this case was lodged on 8 May 2004, and dealing number D2004SM003806R refers. I have been further informed that the query which was raised with the lodging solicitor on 25 May 2004 has been satisfactorily resolved and that the application was completed on 11 November 2004.

Garda Investigations.

Bernard Allen

Question:

410 Mr. Allen asked the Minister for Justice, Equality and Law Reform if an investigation as to the way in which a person (details supplied), a member of the Garda was discharged from the Garda on the grounds of infirmity of mind. [28916/04]

I have been informed by the Garda authorities that the matter is the subject of a High Court civil action in which the Garda Commissioner and I, as Minister for Justice, Equality and Law Reform, are cited as defendants. As the matter is before the courts, the Deputy will appreciate that it would be inappropriate for me to make any comment at this juncture.

Visa Applications.

Finian McGrath

Question:

411 Mr. F. McGrath asked the Minister for Justice, Equality and Law Reform the reason a person’s parents were refused entry into Ireland; and to make this a priority case. [28917/04]

The people in question have not been refused entry into the State. A refugee who is resident in Ireland made an application for visas for his parents to join him here. The application was approved and visas in respect of the persons were issued on 8 November 2004.

Garda Investigations.

Tony Gregory

Question:

412 Mr. Gregory asked the Minister for Justice, Equality and Law Reform if he will consider re-examining the murder of persons (details supplied) under a commission of investigation; and if he will make a statement on the matter. [29065/04]

The Commissions of Investigation Act 2004 provides for the establishment of commissions, from time to time, to investigate into and report on matters considered to be of significant public concern. The Act also provides for the powers of such commissions. However, I am not satisfied that a commission of investigation is warranted in the case of the murders referred to in the question. The Garda investigation into the murders is ongoing. I refer the Deputy to my reply to Question No. 107 of Wednesday, 3 November 2004.

Sexual Offences.

Joe Costello

Question:

413 Mr. Costello asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to media reports that there is widespread trafficking in women and girls for the sex trade here and in other European countries; the steps he is taking to counteract such trafficking; and if he will make a statement on the matter. [29067/04]

The Garda authorities, such as the Garda national immigration bureau, are aware of the problems of smuggling and trafficking of women and girls in Europe and from the eastern bloc countries. They have put in place structures and arrangements with a view to securing proper and effective vigilance in this country. Immigration officers at all ports of entry are continuously on alert to detect evidence to counteract any trafficking of human beings.

Garda operations to tackle the exploitation of women and girls in the sex industry have included Operation Quest. International co-operation in this area is hugely important. Representatives of the Garda have attended various working groups and committees in Europe on combating trafficking and smuggling of persons. The Garda has regular meetings with Ruhama, an Irish non-governmental organisation which assists victims of sexual exploitation. It also conducts regular investigations into the involvement of non-nationals in the sex trade.

Legislation being prepared in my Department will criminalise trafficking in human beings for the purpose of their sexual and labour exploitation, as provided for in the EU Council framework decision on combating trafficking in persons and the protocol to prevent, suppress and punish trafficking in persons, especially women and children, which supplement the UN convention against transnational organised crime. The legislation will take account of the Council of Europe's draft convention on action against trafficking in human beings. Negotiations on this instrument have not yet been completed.

Garda Equipment.

Gerard Murphy

Question:

414 Mr. Murphy asked the Minister for Justice, Equality and Law Reform if, in view of the ongoing controversy regarding the standard of Garda equipment, his officials, the gardaí or the Department of Transport have brought to his attention a proposal made by a company (details supplied); if these solutions are being considered; if not, the reason therefor. [29068/04]

The proposal made by the company to which the Deputy refers was received in my Department and forwarded to the Garda Síochána. The Garda authorities subsequently informed the company that any decision by the Garda Síochána to purchase equipment of the type offered will be subject to national and EU public procurement procedures.

Garda Recruitment.

Paul Kehoe

Question:

415 Mr. Kehoe asked the Minister for Justice, Equality and Law Reform the date of the next advertisement for new recruits for the Garda Síochána; and if he will make a statement on the matter. [29069/04]

I am very pleased that the Government has approved my proposal to increase the strength of the Garda Síochána to 14,000 members on a phased basis, in line with the programme for Government commitment in that regard. This is a key commitment in the programme for Government, and its implementation will significantly strengthen the operational capacity of the force. Regarding the commencement of the recruitment campaign, I expect that the Garda Commissioner will place advertisements in the national newspapers within the next fortnight inviting applications to join the force, and record numbers of recruits will be taken on. Each quarter, for the next three years, around 274 recruits will be taken into the college.

This record recruitment drive will place at the disposal of the Garda Commissioner a very significant increase in Garda resources. The Commissioner will now be drawing up plans on how best to distribute and manage those resources. Clearly, however, the additional resources will be targeted at the areas of greatest need, as is envisaged in the programme for Government. The programme identifies particular areas with a significant drugs problem and a large number of public order offences, but it will be possible to address other priorities as well, such as the need to significantly increase the number of gardaí allocated to traffic duties. One thing that I have already promised is that the additional gardaí will not be put on administrative duties. They will be put directly into front-line, operational, high-visibility policing. They will have a real impact.

Residency Permits.

Richard Bruton

Question:

416 Mr. R. Bruton asked the Minister for Justice, Equality and Law Reform if he will make a statement on the status of a person (details supplied); if, in view of the length of time that this person and her two children have been living here, he will make a decision on humanitarian grounds to allow them to remain in view of their commitment to the country; and if he will make a statement on the matter. [29083/04]

I am pleased to inform the Deputy that, having reviewed the case file in this matter, I have decided to grant humanitarian leave to remain in the State to the person concerned and her two children for an initial period of one year. This decision will be communicated in writing to the person concerned very shortly.

Crime Levels.

Aengus Ó Snodaigh

Question:

417 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the number of arrests made since January 2000 in the area of Dublin city bordered by Meath Street, Thomas Street and Francis Street in which the detainee was found in possession of drugs; the type of drugs in each case; the number that were also found in possession of a weapon; the number of the arrests which resulted in release without charge; the number that are still awaiting a decision from the DPP; and the number that resulted in conviction. [29084/04]

I have been informed by the Garda authorities that the number of arrests made since January 2000 in the area of Dublin City bordered by Meath Street, Thomas Street and Francis Street in which the detainee was found in possession of drugs totals 615. The type of drugs seized were predominantly heroin, cocaine and cannabis.

It is unclear what is meant by the term "weapon" in this instance, but I am informed that, of the 615 detainees, approximately 30% would have been in possession of a syringe. The majority of arrests made would have resulted in the detainee being released without charge pending analysis of the drugs seized by the forensic science laboratory. There are no related files currently with the DPP awaiting a decision as to prosecution. Approximately 76% of the cases have resulted in a conviction.

Prison Committals.

Bernard Allen

Question:

418 Mr. Allen asked the Minister for Justice, Equality and Law Reform the number of prison committal orders executed on a county basis in 2001, 2002, 2003 and to date in 2004 for non-payment of debts; and the shortest and average period of imprisonment. [29085/04]

Figures on committals for debt-related offences for the years 2001, 2002 and 2003 are set out in the following table. I am informed that figures for 2004 are not yet available and that the county of location refers to the committal court rather than the address of the person committed.

County

2001

2002

2003

Carlow

2

3

5

Cavan

5

3

9

Clare

3

3

4

Cork

13

12

30

Donegal

3

1

2

Dublin

33

32

33

Galway

8

7

6

Kerry

10

17

16

Kildare

3

14

3

Kilkenny

1

6

4

Laois

2

2

1

Leitrim

1

0

3

Limerick

11

21

22

Louth

1

9

11

Longford

2

4

1

Mayo

3

6

4

Meath

2

6

9

Monaghan

0

0

9

Offaly

1

1

2

Roscommon

4

2

1

Sligo

2

2

1

Tipperary

8

11

12

Waterford

3

6

11

Westmeath

2

1

2

Wexford

3

5

10

Wicklow

3

3

3

Total

129

177

214

The shortest time that any of those persons spent in custody was one day. The average sentence passed down by the courts for those offences was 22 days for 2001, 28 days for 2002 and 23 days for 2003. However, it should be noted that in cases where the person paid the outstanding amount the entire sentence would not have been completed.

Garda Equipment.

Aengus Ó Snodaigh

Question:

419 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the number of gardaí trained in the use of less than lethal weapons; the number of those who are also members of the emergency response unit; the number of gardaí it is planned to train in the use of less than lethal weapons; the number of those who are also members of the emergency response unit; and if he will make a statement on the matter. [29086/04]

The Government noted, on 19 November 2002, my proposal to authorise the introduction of three "less than lethal" devices for use by the Garda emergency response unit where necessary to avoid the use of firearms. The use of these "less than lethal" devices is restricted to the emergency response unit, or ERU.

I have been informed by the Garda authorities that 16 members of the ERU have been trained in the use of "less than lethal" devices. Further training of ERU personnel will take place as operational requirements dictate.

Road Traffic Offences.

Jack Wall

Question:

420 Mr. Wall asked the Minister for Justice, Equality and Law Reform the number of drivers convicted of drink driving charges as a result of vehicular accidents in Kildare for each of the past three years; and if he will make a statement on the matter. [29087/04]

I am informed by the Garda authorities that the number of drivers convicted of drink driving charges as a result of vehicular accidents in the Kildare district for each of the past three years is shown in the table below.

Year

2001

38

2002

41

2003

33

Jack Wall

Question:

421 Mr. Wall asked the Minister for Justice, Equality and Law Reform the number of drivers convicted of drink driving offences in Kildare for each of the past three years; and if he will make a statement on the matter. [29088/04]

I am informed by the Garda authorities that the number of drivers convicted of drink driving offences in the Kildare district for each of the past three years is shown in the table below.

Year

2001

115

2002

106

2003

104

Road Traffic Accidents.

Jack Wall

Question:

422 Mr. Wall asked the Minister for Justice, Equality and Law Reform the number of fatal accidents in Kildare for each of the past three years; and if he will make a statement on the matter. [29089/04]

I am informed by the Garda authorities that the number of fatal collisions and the number of persons so killed in the Kildare district for each of the past three years is shown in the table below.

Year

Number of Collisions

Number Killed

2001

11

13

2002

9

9

2003

6

7

Road Traffic Offences.

Jack Wall

Question:

423 Mr. Wall asked the Minister for Justice, Equality and Law Reform the number of convictions for non-compliance with vehicular insurance cover that resulted from vehicular accidents in Kildare for each of the past three years; and if he will make a statement on the matter. [29091/04]

I am informed by the Garda authorities that the number of convictions for non-compliance with vehicular insurance cover that resulted from vehicular accidents in the Kildare district for each of the past three years is shown in the table below.

Year

2001

19

2002

21

2003

20

Jack Wall

Question:

424 Mr. Wall asked the Minister for Justice, Equality and Law Reform the number of convictions for non-compliance with insurance cover in Kildare for each of the past three years; and if he will make a statement on the matter. [29092/04]

I am informed by the Garda authorities that the number of convictions for non-compliance with insurance cover in the Kildare district for each of the past three years is shown in the table below.

Year

2001

177

2002

190

2003

182

Ministerial Appointments.

Bernard J. Durkan

Question:

425 Mr. Durkan asked the Minister for Justice, Equality and Law Reform if any new advisers or consultants have been appointed by him since the Government reshuffle of September 2004; if such appointments are replacements for or are in addition to previous appointments; the salary and terms of employment in each case; and if he will make a statement on the matter. [29127/04]

I wish to advise the Deputy that no new advisers or consultants have been appointed to my office since the Government reshuffle of September 2004.

Registration of Title.

Paul Kehoe

Question:

426 Mr. Kehoe asked the Minister for Justice, Equality and Law Reform if the Land Registry Office will convert the property of a person (details supplied) in County Wexford from absolute to possessory title at any time between the 30-year rule; if exceptions can be made in these exceptional circumstances; and if he will make a statement on the matter. [29136/04]

I am informed by the Registrar of Titles that this is an application for conversion of title which was lodged on 18 May 2004. Dealing Number D2004TJ009284A refers. I am further informed that the application was rejected and was returned to the lodging solicitor on 5 October 2004.

Ministerial Travel.

Jim O'Keeffe

Question:

427 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform the arrangements which are in place for the servicing and maintenance of ministerial, judicial and other like State cars; and if he will make a statement on the matter. [29156/04]

I have been informed by the Garda authorities that the arrangements for the servicing and maintenance of ministerial, judicial and other like State cars are that where the Garda transport section cannot undertake the necessary work, the cars are sent to the main dealers for the particular make and model.

Garda Strength.

Jim O'Keeffe

Question:

428 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform further to Question No. 196 of 30 September 2004 of the 496 posts approved for civilianisation in 2001 the number of those positions that have been civilianised; and if he will make a statement on the matter. [29157/04]

There are currently some 1,026 clerical, administrative and services posts filled by civilians in the Garda Síochána.

In 2001, the Government approved an extensive programme of civilianisation to be introduced on a phased basis over several years. That includes the posts referred to by the Deputy. The programme provided for the civilianisation of those posts in the short, medium and long term, the transfer of the finance function from Garda district clerks to civilian staff, and the transfer of civilian staff from my Department to the Garda Síochána as civil servants of the State.

The transfer of civilian staff of my Department to the Garda Síochána is provided for in the Garda Síochána Bill 2004, which is currently before the Oireachtas, while the transfer of the finance function is now almost complete. However, as regards the next phase of the civilianisation programme, including the civilianisation of the posts referred to by the Deputy, those will have to be rolled out within the confines of the Government decision of 4 December 2002, which placed a cap on numbers across the civil and public service. My Department is currently reviewing the position with both the Department of Finance and Garda management as to how we will proceed further with Garda civilianisation in the context of the overall constraints on civil and public service numbers.

On a general note, the Deputy will be aware that the Government has approved my proposal to increase the strength of the Garda Síochána to 14,000 members on a phased basis in line with the programme for Government commitment in this regard. I want to assure the House again that the additional gardaí will not be put on administrative duties and will deal directly with front-line, operational high-visibility policing.

Visa Applications.

Jim O'Keeffe

Question:

429 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform if he will intervene in a case involving an organisation (details supplied) in Dublin 2 without delay to mitigate further damage and losses which are accruing to that school as a result of departmental action; and if he will make a statement on the matter. [29160/04]

The position remains unchanged since my reply to Question No. 373 of Tuesday, 9 March 2004 regarding the organisation referred to by the Deputy.

To be given permission to remain as an English language student in this jurisdiction, the non-EEA national in question must be in a position to show that he or she is enrolled in a course that provides a minimum of 15 hours of tuition per week. The purpose of this rule is to ensure that study is the primary purpose of the person's presence in the State and that enrolment in the course in question is not simply a convenient device to enable the putative student to cloak his or her presence for an alternative purpose with the vestige of study.

The school proprietor in question sought initially to arrange, for a fee, the presence of students in the State on the basis of four hours' attendance per week — the remainder of the tuition to be done remotely via the Internet. The school was promoted on the basis that students would not even have to live near it. When asked why the students would have to go to the trouble and expense of travelling to and living in Ireland for the purposes of the e-learning scheme envisaged, the proprietor indicated that it was a necessary adjunct to the course that the students immerse themselves in the Irish way of life and practise speaking English in normal everyday situations.

When it became clear to the proprietor that his scheme was not acceptable to the Department, he indicated instead that he would now provide courses which cohered with the Department's general rule, that is, physical attendance for 15 hours per week. The Department agreed to that arrangement provided that the Garda national immigration bureau was satisfied, on foot of a visit to the school, that reasonable facilities were in place which would support an objective conclusion that the stated policy of the school was in fact its true policy.

I understand that to date the proprietor has been unable to satisfy the Garda national immigration bureau to that effect. I should point out in this regard that it is not the policy of the Department to enable a school to operate in a manner which is unacceptable to acquire the necessary finance to comply with Department requirements — every undertaking of this nature needs an adequate amount of capital investment at the outset.

Jim O'Keeffe

Question:

430 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform if he will publish guidelines in respect of the issuing of documentation, approval, visas and green cards in respect of non-national students attending language skills classes; and if he will make a statement on the matter. [29161/04]

My Department has for several years had in place a set of detailed student visa guidelines. These are available on the Department's website, www.justice.ie. The guidelines 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 should have enrolled in a full-time course of study which requires physical attendance of at least 15 hours a week, paid the fees for the course, have evidence of sufficient funds to fully support himself or herself during the stay in the State and should be able to show that he or she will leave the State and return home on completion of the course of studies.

Criminal Assets Bureau.

Jim O'Keeffe

Question:

431 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform the details of the operation of the Criminal Assets Bureau since its establishment; and if he will make a statement on the matter. [29168/04]

Jim O'Keeffe

Question:

432 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform the number of persons being investigated by the Criminal Assets Bureau; and if he will make a statement on the matter. [29169/04]

Jim O'Keeffe

Question:

433 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform the names of the persons with whom the Criminal Assets Bureau has made financial or other settlements; and if he will make a statement on the matter. [29170/04]

Jim O'Keeffe

Question:

434 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform the number of persons with whom the Criminal Assets Bureau has made financial or other settlements; the value of such settlements; and if he will make a statement on the matter. [29171/04]

Jim O'Keeffe

Question:

435 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform the amount of property and money seized by the Criminal Assets Bureau since its establishment; and if he will make a statement on the matter. [29172/04]

I propose to take Questions Nos. 431 to 435, inclusive, together.

I am informed by the Garda authorities that the names of persons with whom the Criminal Assets Bureau has made financial or other settlements cannot be provided. The revenue bureau officers at the Criminal Assets Bureau are subject to strict rules of secrecy under the law attached to their work and that was only lifted by the Oireachtas under the Taxes Consolidation Act to allow the publication of specific types of tax settlements reached with the Revenue Commissioners. That statutory provision of disclosure does not apply to tax settlements entered into with the Criminal Assets Bureau as the law stands.

I am further informed by the Garda authorities that, for operational reasons, it is not considered appropriate for the Criminal Assets Bureau to disclose the information sought by the Deputy regarding the number of persons with whom the bureau has made financial settlements or the number of persons being investigated by the bureau.

The overall sum for tax collected by the bureau from 1996 to 31 October 2004 amounts to €69,262,409. It is not possible to be specific as to how much of that sum collected represents formal settlements as the variety of agreements reached to recover taxes will vary widely across the different types of cases with which the Criminal Assets Bureau deals.

In the period from its inception to 31 October 2003, the bureau has obtained interim and final restraint orders to the value of more than €51 million and €22 million, respectively. Further details of the activities of the Criminal Assets Bureau since its establishment in 1996 are contained in the annual reports of the bureau. Copies are available in the Oireachtas Library.

Prisons Building Programme.

Damien English

Question:

436 Mr. English asked the Minister for Justice, Equality and Law Reform the plans in place for the relocation of Mountjoy Prison; if it is intended to relocate it to County Mayo; and if he will make a statement on the matter. [29261/04]

The group established to examine potential sites for a prison complex to replace that at Mountjoy has identified three or four sites as potentially the most suitable for consideration for a new complex and these are being explored further. The exercise will be completed before the end of this year. While no decision has been made on the location of the new prison complex, it is intended that the complex would serve the greater Dublin area and County Mayo would not, therefore, be a suitable location.

Garda Strength.

Damien English

Question:

437 Mr. English asked the Minister for Justice, Equality and Law Reform when ten additional, not replacement, gardaí will be drafted into Navan Garda station; and if he will make a statement on the matter. [29262/04]

I have been informed by the Garda authorities, which are responsible for the detailed allocation of resources, including personnel, that the personnel strength of Navan Garda station as at 16 November 2004 was 47 — all ranks. I am informed by the Garda authorities that cognisance is taken of retirements, etc., during each allocation of probationer gardaí. In this regard, the needs of Navan will be fully considered within the overall context of the needs of Garda stations throughout the country during future allocations of probationer gardaí where possible, by way of permanent transfer of members to Navan Garda station.

With regard to Garda resources generally, I am pleased the Government has approved my proposal to increase the strength of the Garda to 14,000 members on a phased basis, in line with An Agreed Programme for Government commitment in this regard. This is a key commitment in the programme for Government and its implementation will significantly strengthen the operational capacity of the force. The commissioner will draw up plans on how best to distribute and manage these resources. However, the additional resources will be targeted at the areas of greatest need, as is envisaged in the programme for Government. The programme identifies, in particular, areas with a significant drugs problem and a large number of public order offences but it will be possible to address other priorities as well, such as the need to significantly increase the number of gardaí allocated to traffic duties. I have promised the additional gardaí will not be given administrative duties. They will be engaged directly in frontline, operational, high visibility policing duties. They will have an impact.

Garda Recruitment.

Paul Kehoe

Question:

438 Mr. Kehoe asked the Minister for Justice, Equality and Law Reform if a person in the process of obtaining leaving certificate mathematics can make an application to join the Garda before the examination results or while they are pending; if the application will only be valid once the examination has been passed; and if he will make a statement on the matter. [29342/04]

Entry to the Garda is governed by the An Garda Síochána (Admissions and Appointments) Regulations 1988, as amended. The educational requirements for entry to the Garda are set out in regulation 5(1)(d) of the 1988 regulations which provide that the commissioner shall not admit a person as a trainee unless the person has, before 1 September in the year in which the said advertisement was so published, obtained: (i) in the leaving certificate examination of the Department of Education and Science or the leaving certificate vocational programme examination of that Department — (1) a grade not lower than C3 at foundation level, or a grade not lower than D3 at a level other than foundation level, in Irish; (2) a grade not lower than B3 at foundation level, or a grade not lower than D3 at a level other than foundation level, in mathematics, and (3) a grade not lower than D3 in at least three other subjects, including English, or (ii) a grade not lower than the merit grade in the leaving certificate applied of the Department of Education and Science, or (iii) grades in at least five subjects, including Irish, mathematics and English in another examination (“the other examination”) of a kind that is, in the opinion of the Minister, of a standard not lower than the standard of either of the examinations referred to in clause (i) of this subparagraph, the grades aforesaid being grades that are, in the opinion of the Minister, equivalent to the grades specified in the said clause (i) of a kind that is in the opinion of the Minister, of a standard not lower than the standard of either of the examinations referred to in clause (i) of this subparagraph, the grades aforesaid being grades that are in the opinion of the Minister, equivalent to the grades specified in the said clause (i), or (iv) a grade in another assessment (“the other assessment”) of a kind that includes Irish, mathematics and English and is, in the opinion of the Minister, of a standard now lower than the standard of the assessment referred to in clause (ii) of this subparagraph, the grade aforesaid being a grade that is, in the opinion of the Minister, equivalent to the grade specified in the said clause (ii) and in clause (iii) of this subparagraph, the reference to the other examination includes a reference to a combination of two or more examinations of the kind referred to in that clause or of such an examination or examinations and either of the examinations referred to in clause (i) of this subparagraph, and in clause (iv) of this subparagraph, the reference to the other assessment includes a reference to a combination of two or more assessments of the kind referred to in that clause or of such an assessment or assessments and either of the examinations referred to in clause (i) of this subparagraph.

Child Care Services.

Bernard Allen

Question:

439 Mr. Allen asked the Minister for Justice, Equality and Law Reform when a decision will be made on an application made for extra capital funding to the EOCP towards the building of a new crèche submitted by a centre (details supplied) in County Cork; and if a decision will be made shortly so that the important development work can proceed. [29343/04]

An application for further capital grant assistance was submitted by the group in question to Area Development Management Limited on 24 March 2004. The Deputy may be aware that the group has received €236,393 in capital grant assistance and more than €400,600 in staffing supports under the Equal Opportunities Child Care Programme 2000-2006.

The programme is a seven-year development programme, which aims to increase the availability and quality of child care to support parents in employment, education and training. The progress of the programme was commented upon favourably by the mid-term evaluators of both the regional operational programmes and the National Development Plan 2000-2006 and, following the mid-term review, additional funding of approximately €12 million was made available for the child care measures. This brings the total funding available for the programme to €449.3 million. This includes an increased provision for capital developments for which €157 million has been set aside.

Since 2000, my Department, with the technical assistance of ADM Limited, has processed and I have approved 1,253 applications for capital grant assistance of more than €120 million and 997 applications for staffing grant assistance totalling €103 million. Almost €45 million has been allocated for projects under the quality measure. Much of the remaining current funding is required for ongoing supports to groups providing child care services to disadvantaged families to enable them to participate in employment, education and training opportunities. A list of outstanding capital applications is being finalised and my Department will write to the applicants in early December. It would be premature to comment further on this capital grant application in the interim.

Citizenship Applications.

Mary Upton

Question:

440 Dr. Upton asked the Minister for Justice, Equality and Law Reform the position regarding an application for citizenship by a person (details supplied) in Dublin 12. [29403/04]

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 postnuptial citizenship having been received from the person referred to by the Deputy.

Visa Applications.

Finian McGrath

Question:

441 Mr. F. McGrath asked the Minister for Justice, Equality and Law Reform if assistance will be given to a person (details supplied) with her fresh visa application and supporting documentation so that she can visit here; and if the maximum support will be given in this case. [29405/04]

I refer the Deputy to my response to his previous Parliamentary Question No. 286 of 27 October 2004. It is open to the person in question to lodge a new visa application at the nearest Irish embassy or consulate in her country of residence. Any such application should be supported with a copy of the worker's P60 and current payslips. Full consideration will be given to this new application when it is received by my Department.

School Staffing.

Finian McGrath

Question:

442 Mr. F. McGrath asked the Minister for Education and Science if the maximum support and resources will be given to a school (details supplied) in Dublin 9 and the school made a priority. [28640/04]

Teacher allocations to second levels schools are approved annually by my Department in accordance with established rules based on recognised pupil enrolment. Each school management authority is required to organise its timetable and subject options having regard to pupils needs within the limit of its approved teacher allocation. Apart from meeting requirements relating to the provision of the core subjects, the curriculum offered in individual second level schools is a matter for the authorities of the school concerned having regard to its approved teacher allocation. The rules for allocating teaching resources provide that where a school management authority is unable to meet its curricular commitments from within its approved allocation, my Department will consider applications for additional short-term support, that is, curricular concessions. An independent appeals mechanism is available to school authorities who wish to appeal the adequacy of their teacher allocation.

The school in question applied for a curricular concession allocation and was allocated 1.37 whole-time equivalent teacher posts. The school was notified of this allocation in April 2004 and advised, that, in the event of it not being satisfied with this allocation, it could appeal in writing before 14 May 2004 to the independent appeals committee. The school did not avail of the independent appeals mechanism.

My Department also allocates resource teacher support and special needs assistant support to second level schools and VECs to cater for students with special educational needs. The nature and support provided in each case is based on the professionally assessed needs of the individual student and the advice of the National Educational Psychological Service. The school in question has to date received a total of 0.66 whole-time equivalent teaching posts to cater for students with special educational needs.

Special Educational Needs.

David Stanton

Question:

443 Mr. Stanton asked the Minister for Education and Science if an increase of one hour per day special needs assistance will be allowed for a person (details supplied) in County Cork; and if she will make a statement on the matter. [28645/04]

My Department has received an application for an upgrade of a special needs assistant post from a part-time position to a full-time position. My officials are liaising with the National Educational Psychological Service, NEPS, regarding the pupil in question. A decision will be conveyed to the school as soon as this process is complete.

Higher Education Grants.

Sean Fleming

Question:

444 Mr. Fleming asked the Minister for Education and Science if her attention has been drawn to the fact that the vocal training music course in the Dublin Institute of Technology, Rathmines, Dublin is not an approved course for the purposes of the third level maintenance trainee grants scheme; her views on the obvious difficulties this can cause for persons who apply to go on the course; and if she will make a statement on the matter. [28675/04]

Sean Fleming

Question:

445 Mr. Fleming asked the Minister for Education and Science if she will list the courses for each third level institution which are not approved for the purposes of the third level maintenance trainee grant scheme; and if she will make a statement in respect of these courses for which students apply to enter under the CAO system. [28676/04]

I propose to take Questions Nos. 444 and 445 together.

Approved courses for the purpose of considering eligibility under the third level maintenance grant scheme for trainees in institutes of technology are full-time courses leading to a national certificate, level 6, and-or a national diploma-ordinary degree, level 7. The course referred to by the Deputy is a one-year music foundation course provided in the Dublin Institute of Technology. As this course does not lead to an award described above, it does not constitute an approved course under the terms of the scheme.

School Accommodation.

John McGuinness

Question:

446 Mr. McGuinness asked the Minister for Education and Science the date on which prefab buildings will be provided on site for a school (details supplied) in County Kilkenny; the stage the project is at; the overall cost of the project; the arrangement she has made to provide school places for those waiting to attend at the new prefab buildings; if home tuition will be provided for those who are waiting to attend the school; if her attention has been drawn to the number of pupils affected by the delay in providing this accommodation; and if she will make a statement on the matter. [28677/04]

My Department has approved tenders for three portable structures for the school referred to by the Deputy. The structures being provided will include two classrooms and a sensory integration room. The total cost is approximately €330,000 for three years rental and €114,000 for enabling works required due to the confines of the existing site. The site for the proposed new green field school has been purchased and the building project is at the early stages of architectural planning. Home tuition is intended to provide education for children with a significant medical condition causing major disruption to their attendance at school or as an interim support for children with a significant special educational need pending the provision of an appropriate school based educational service. In the event that applications for home tuition are submitted to my Department on behalf of the pupils concerned, they will be fully considered and decisions will be conveyed to the families concerned.

Residential Institutions Redress Scheme.

Joe Costello

Question:

447 Mr. Costello asked the Minister for Education and Science the number of non-Catholic institutions that have been listed in the schedule to the Residential Institutions Redress Act 2002 including the recent additions; the religious denominations of each such institution; the number of institutions that belonged to the State exclusively; and if she will make a statement on the matter. [28707/04]

Section 4 of the Residential Institutions Redress Act 2002 provides that in order for an institution to be placed on the Schedule of the Residential Institutions Redress Act 2002, the facility must have been subject to inspection or regulation by a public body. A total of 128 institutions are listed on the original Schedule to the Act and I recently signed an order for a further 13 institutions to be added to the Schedule. As the religious ethos of an institution was not one of the criteria prescribed under section 4 of the Act, my Department did not require full details of the religious ethos of all the institutions listed. However, based on records held in my Department, 19 institutions on the Schedule were non-Catholic run facilities, of which one was multi-denominational, 13 were State-run and five had a Protestant ethos.

Joe Costello

Question:

448 Mr. Costello asked the Minister for Education and Science if the industrial school at Upton, County Cork and its adjoining lands have been sold; if the proceeds of such a sale have gone or will go towards defraying the contribution of the religious orders to the redress fund; and if she will make a statement on the matter. [28708/04]

The former industrial school referred to by the Deputy at Upton, County Cork, is the property of the Rosminian Institute of Charity. A portion of that property was offered to the State by that congregation as part of the indemnity agreement signed in 2002. The State accepted that portion. The Southern Health Board is the transferee and it is arranging for the legal transfer to take place. I have no information as to whether the Rosminian Institute of Charity has sold other portions of the land or buildings formerly attached to the industrial school.

Schools Building Projects.

Denis O'Donovan

Question:

449 Mr. O’Donovan asked the Minister for Education and Science the reason a school (details supplied) in County Cork has been removed from the schools buildings programme; the date when it will be once again included on same; and if she will make a statement on the matter. [28709/04]

The application from the school to which the Deputy refers is being considered as part of a review of all projects which did not proceed to construction as part of the 2004 school building programme. All projects are being assessed against the published prioritisation criteria, which were revised earlier this year following consultation with the education partners. Each project will be assigned a band rating and the progress of all projects will be considered in the context of the school building programme from 2005 onwards.

Schools Building Projects.

Enda Kenny

Question:

450 Mr. Kenny asked the Minister for Education and Science the position regarding the replacement of a school (details supplied) in County Mayo; and if she will make a statement on the matter. [28741/04]

As part of the expansion of the devolved scheme for primary school building works a grant of €200,000 was sanctioned to enable the management authorities of the school in question to provide additional accommodation.

The initiative allows boards of management to address their accommodation and building priorities with a guaranteed amount of funding and gives them control of the building project.

It is my understanding that the interim grant of planning permission has been received and that fire safety certificate and tenders will now be sought. The board of management of the school in question expects that the project will not be on site within the specified timeframe and my Department has agreed to extend this timeframe to the end of March 2005.

Special Educational Needs.

Michael Ring

Question:

451 Mr. Ring asked the Minister for Education and Science the support which can be given to a person (details supplied) in County Mayo who has not attended school since late 2002 in view of the detrimental effect this will have on their future; the reason this matter has been allowed to continue; the further reason it has not been dealt with; and the reason this person is not in the education system. [28789/04]

Michael Ring

Question:

459 Mr. Ring asked the Minister for Education and Science when a replacement school will be found for a person (details supplied) in County Mayo; the reason this matter has been allowed to continue, has not been dealt with and this person is not in the education system. [28899/04]

I propose to take Questions Nos. 451 and 459 together.

An application for resource teaching and special needs assistant support has been received in my Department from a school that is proposing to enrol the person concerned. I am pleased to advise the Deputy that my Department has recently sanctioned three and a half hours resource teaching support and a full time special needs assistant. My officials have been in contact with the school authorities and it is expected that the person will be enrolled in the school shortly.

Pupil-Teacher Ratio.

Breeda Moynihan-Cronin

Question:

452 Ms B. Moynihan-Cronin asked the Minister for Education and Science the number of primary schools in Kerry with class sizes under 20, between 21 and 30, between 31 and 40 and over 40 respectively. [28799/04]

The information requested by the Deputy is set out below and refers to ordinary classes only for the 2003-04 school year.

Class Size

Number of Schools

0 — 19

93

20 — 29

174

30 — 39

44

40 and over

0

Note that the total of the categories above amounts to 311. This figure is greater than the number of individual schools in Kerry, 141, because, in a breakdown of schools by class size, a school may figure in each of the class size categories.

Third Level Outreach Facilities.

Phil Hogan

Question:

453 Mr. Hogan asked the Minister for Education and Science the position regarding the announcement made in 2000 to develop third level outreach facilities in County Monaghan; the progress which has been made to date; and if she will make a statement on the matter. [28893/04]

In August 2000, the then Minister for Education and Science, Deputy Woods, announced plans to strengthen the education base in areas particularly affected by the dual problems of non-completion at second-level education and low participation rates in higher education. The announcement referred to discussions regarding Wexford and Kilkenny. There is no record of any discussions regarding County Monaghan.

The Minister proposed to deal with the issue in Wexford and Kilkenny through the establishment of effective links with existing higher and further education institutions. In this context, it was decided to proceed with plans to develop outreach centres in Wexford and Kilkenny, led by the Institute of Technology Carlow and NUI Maynooth respectively. These centres are being developed on a pilot basis with the intention that proposals for outreach initiatives in other areas will be reviewed in due course in the light of the experience gained in Wexford and Kilkenny.

Question No. 454 withdrawn.

School Placement.

Liam Aylward

Question:

455 Mr. Aylward asked the Minister for Education and Science if, in view of the decision to close a school (details supplied) in County Kilkenny, she will identify alternative secondary school places to the children’s parents to allow them make provision for enrolment for September 2005; and if she will make a statement on the matter. [28895/04]

A senior inspector in the school planning section of my Department is currently examining the situation with regard to alternative places for pupils who would ordinarily attend the closing school to which the Deputy refers. The boards of management of the primary schools involved will be notified of the outcome of this examination which will be completed as quickly as possible.

Student Support Schemes.

Seán Crowe

Question:

456 Mr. Crowe asked the Minister for Education and Science the reason a pilot scheme launched in 2001 in County Louth to allow 31 secondary schools to apply for laptops for pupils with dyslexia and other reading difficulties and to apply for funding for teachers to be given training on the whole area of reading difficulties, was not extended to all secondary schools in the county; the schools which benefited from the scheme; the criteria for securing such funding; the number of school principals who were informed of the scheme; the manner by which they were informed; if the scheme is closed, when it closed; if the scheme will be resumed in County Louth; and whether all schools will be informed of further schemes of this kind. [28896/04]

The scheme to which the Deputy refers is a pilot initiative managed and supported by the National Centre for Technology in Education, NCTE, under the auspices of my Department. The initiative, known as the laptops initiative, is aimed at identifying how laptop computers can best be used to support students with dyslexia or other reading and writing difficulties in second level education in a manner that facilitates learning in an inclusive environment.

The initiative, which is intended to supplement existing provision by schools for students with learning difficulties, has the following objectives: to develop models of classroom management supporting the use of laptop computers in mainstream classes, with a view to enabling students with learning difficulties to participate more fully in mainstream classes; to trial the use of laptop computers as a personal support tool for students with dyslexia or other reading or writing difficulties both in the school and home environments, with a view to identifying the most successful methods of use, their benefits and drawbacks; and to identify ways in which different software products can be used to support students with learning difficulties.

Schools were selected to participate in the initiative on the basis of a number of criteria, as follows: schools which were designated disadvantaged or schools with disadvantaged posts; a representative sample of schools which included different school types, gender make up, rural and urban, and a national geographical distribution; and all participating schools needed to be reasonably large to enable a minimum critical mass of students benefit from the project so as to ensure optimum impact and success.

Thirty-one schools, namely those on the following list, from around the country were thus selected and invited to participate in the initiative and the relevant school principals were so informed. The NCTE has developed a national framework providing guidelines, training and support for teachers involved in the project. Within this overall framework each school develops its own operational plans for implementing the initiative according to its local situation and circumstances. A full time project co-ordinator has been appointed by the NCTE to support and liaise with the participating schools.

The project extends to May 2005 at which stage the NCTE will commission a comprehensive evaluation of the experience of the participating schools, the efficacy of the hardware and software utilised, the models of practice developed and most importantly the impact on the learning, performance and motivation of the students involved. The results of the evaluation will inform my Department's policy with regard to the future of this project, the dissemination of best practice models to other schools and the wider application of computer technologies for students with dyslexia and other reading or writing difficulties. Participating Schools: Bailieborough Community School, County Cavan. Boherbue Comprehensive School, County Cork. Causeway Comprehensive School, County Kerry. Coláiste Dhúlaigh, Coolock, Dublin. Coláiste Eoin, Finglas West, Dublin. Gairm Scoil Mhuire, Thurles, County Tipperary. Greenhills College, Greenhills, Dublin. Kilrush Community School, County Clare. Killinarden Community School, Dublin. Larkin Community College, Cathal Brugha St., Dublin. Meán Scoil Ioseph, Foxford, Ballina, County Mayo. Moyne Community School, County Longford. Our Lady's Secondary School, Castleblaney, County Monaghan. Presentation Secondary School, Limerick. Pobalscoil Neasain, Baldoyle, Dublin. Riversdale Community College, Blanchardstown, Dublin. St. Aidan's Community School, Tallaght, Dublin. St. Dominic's Secondary School, Ballyfermot, Dublin. St. David's CBS, Artane, Dublin. St. Declan's College, Cabra, Dublin. St. Kevin's Community College, Clondalkin, Dublin. St. Kilian's Community School, Bray, County Wicklow. St. Brigid's Vocational School, Loughrea, County Galway. St. Columba's College, Stranolar, County Donegal. St. Enda's School, Galway. St. Paul's Community College, Waterford. Wexford Vocational College, County Wexford. St. Oliver's Community College, Rathmullen, Drogheda, County Louth. St. Brendan's Community School, Birr, County Offaly. Terence MacSwiney Community College, Knocknaheeney, Cork. Ursuline Secondary School, Blackrock, Cork.

Schools Refurbishment.

Enda Kenny

Question:

457 Mr. Kenny asked the Minister for Education and Science the position regarding plans to refurbish a school (details supplied) in County Mayo; the finance made available to do this; and if she will make a statement on the matter. [28897/04]

As part of the expansion of the devolved scheme for primary school building works a grant of €275,000 was sanctioned to enable the management authorities of the school in question to provide additional accommodation.

The initiative allows boards of management to address their accommodation and building priorities with a guaranteed amount of funding and gives boards of management control of the building project.

The school in question constructed two new classrooms, a resource room and a staff room. The works are expected to be completed by the end of the month.

Pension Provisions.

Dinny McGinley

Question:

458 Mr. McGinley asked the Minister for Education and Science if an agreement has been made with a person (details supplied) in County Donegal regarding gratuity and pension; if not, the position regarding same; and when she expects this matter to be brought to a satisfactory conclusion. [28898/04]

The position is that the person in question resigned from his teaching post in June 1996 before he reached pension age. He will, however, on reaching 60 years of age in December 2007, qualify for preserved pension and preserved lump sum.

The benefits will be calculated on his pensionable service at the time of his resignation and his pensionable pay at that time, increased in line with approved pay increases in the period between resignation and age 60. He should make application for his benefits approximately three months prior to reaching age 60. These are standard provisions applicable in the case of any teacher who resigns before pension age.

Question No. 459 answered with QuestionNo. 451.

Post-Leaving Certificate Courses.

Richard Bruton

Question:

460 Mr. R. Bruton asked the Minister for Education and Science the key recommendations of the McIver report on the future of post-leaving certificate courses; the number of these recommendations which have already been acted upon; if the implementation group has set out a time schedule for the implementation of the remaining recommendations; and if she will make a statement on the matter. [28900/04]

Post-leaving certificate courses are labour market programmes, aimed at providing vocational education and training for school leavers and re-entrants to the labour market. The courses are full time and include modules in general education, vocational training and work experience. Some courses also offer alternative pathways to higher education.

The courses are delivered primarily in schools and colleges under the management of the vocational education committees, with some courses also being provided in secondary, community and comprehensive schools.

The McIver report on the post leaving certificate review was commissioned by my Department to examine the sector and make recommendations regarding 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 more than 90 sub-recommendations. The principal recommendations are: a reduction in the number of timetabled class teaching hours and appropriate increases in staff to compensate; enhancement of senior and middle management structures to allow more time for assessment, student support and interaction, team development and cross curricular planning, industry liaison and quality assurance processes; an increase in technical and administrative support staff; improvements in student library, IT and social facilities and capital infrastructure; new programme support services; and the establishment of a council of further education colleges.

My Department is currently engaged in discussions with the Irish Vocational Education Association and the Teachers' Union of Ireland regarding the structural changes envisaged in the report, their implications and costs.

Teaching Contracts.

Richard Bruton

Question:

461 Mr. R. Bruton asked the Minister for Education and Science the number of teachers at second-level who are on temporary contracts or hourly contracts; the extent to which these arrangements compromise the right of teachers to increments for experience and seniority and to pension cover; if she has plans to introduce greater income certainty for teachers who have not obtained permanent postings; and if she will make a statement on the matter. [28901/04]

A teacher staffing allocation is issued to each second level school annually by my Department. The majority of the posts are filled by whole time teachers. However, not all positions can be filled on a whole time basis due to subject requirements. In such cases teachers may be employed on a regular part-time contract or on a casual or non-casual basis by the board of management of the school.

A regular part-time contract is awarded to a qualified teacher who is employed by the board of management prior to 1 November and who teaches a regular number of hours each week for the duration of the school year. There are currently 2,559 teachers employed on regular part-time contracts in the voluntary secondary and community and comprehensive schools. Regular part-time teachers are paid on a pro rata basis, including holiday periods and the service is reckoned for pension and incremental purposes.

In the case of qualified teachers working on a casual basis for less than 150 hours in a school year, a daily rate of pay, which includes 22% holiday pay, is paid. Teaching service given on a casual basis since 21 December 2001 in second level schools is pensionable. It has also been agreed that the service shall be reckonable for the award of incremental credit, but the arrangements for the reckoning of such service have yet to be finalised.

In the event that a qualified teacher employed on a casual basis works for more than 150 hours in the school year, each additional hour worked over and above the 150 hour threshold will be paid at a personal hourly rate of pay. The personal hourly rate is determined by dividing the appropriate annual salary by 735. The annual salary takes account of the appropriate point on the common basic incremental scale of the particular qualified teacher and the relevant qualification allowances appropriate to the person.

The personal rate is also payable to a qualified teacher employed on a non-casual contract. A non-casual contract is awarded where a person is employed for a continuous period in excess of 150 hours but the overall period is less than a full school year. Examples of non-casual contracts are where teachers are employed as replacements for teachers absent on maternity leave.

The arrangements that I have outlined are being implemented by my Department on an ongoing basis.

Pension Provisions.

Olwyn Enright

Question:

462 Ms Enright asked the Minister for Education and Science the position with regard to the status and pension conditions of school caretakers; if previous employment as a school caretaker in a temporary capacity is reckonable if a person moves to permanent employment; and if she will make a statement on the matter. [28902/04]

School caretakers are employed directly by school management authorities or vocational education committees. Caretakers in vocational schools are employed and paid by the appropriate VEC. Those employed on a whole-time basis are pensionable under the education sector superannuation scheme, formerly the local government superannuation scheme.

Caretakers employed on a whole-time basis in community and comprehensive schools are pensionable under the terms of the contributory pension scheme for full-time non-teaching staff of comprehensive and community schools.

In the case of voluntary secondary schools, each school receives a grant from my Department for the provision of caretaking and other ancillary services. It is a matter for the school to determine how best to meet its caretaking requirements. No public service pension scheme currently exists for caretakers employed in such schools.

In primary schools there are two separate arrangements for the provision of caretaking services. In both instances the school authorities are the employers. Under a limited scheme introduced in 1979, caretakers are employed on a whole-time bases in 204 schools. In all other primary schools these provisions are superseded by an arrangement under which each school receives a grant from my Department for the provision of caretaking and other ancillary services. No public service pension scheme currently exists for any caretakers in primary schools.

The question of pension cover for those school caretaking personnel not currently covered by an occupational pension scheme, including those caretakers employed on a part-time basis, is among the issues that fall to be considered in the context of the implementation of the recently enacted Protection of Employees (Fixed-term Work) Act 2003 and the Protection of Employees (Part-time Work) Act 2001. Discussions with the education partners are ongoing regarding the implementation of these Acts. My Department's approach will be informed by the outcome of these discussions and developments in the wider public service.

I can confirm that temporary whole-time service is reckonable, subject to payment of appropriate contributions, by persons who are admitted to membership of public service pension schemes.

Special Educational Needs.

Willie Penrose

Question:

463 Mr. Penrose asked the Minister for Education and Science if she will review the decision to refuse an application for home tuition for a person (details supplied) in County Westmeath; and if she will make a statement on the matter. [28903/04]

The home tuition scheme is intended to provide compensatory instruction for pupils who have a medical ailment that is likely to cause major disruption of their attendance at school. My Department provides home tuition grants to pupils who cannot attend school at all, or are absent for a significant proportion of the school year.

I understand that the pupil in question currently attends mainstream school on a full time basis with the support of a resource teacher and a special needs assistant. The pupil does not qualify for home tuition. This information was conveyed to the pupil's parents in October 2004.

Teachers’ Remuneration.

Michael Ring

Question:

464 Mr. Ring asked the Minister for Education and Science when a person (details supplied) in County Mayo will be approved incremental credit as a special needs assistant based on previous experience. [28904/04]

In recent months, a decision in the Labour Court found that all special needs assistants, SNAs, who had previous experience as an SNA and who had a break in service would be entitled to apply to my Department for incremental credit. In light of this decision, my Department will be determining the qualifying criteria for incremental credit in consultation with the education partners. Contact will be made with the person concerned as soon as this process has been completed.

Schools Building Projects.

John Perry

Question:

465 Mr. Perry asked the Minister for Education and Science if her attention has been drawn to the fact that Mohill Community College, County Leitrim was condemned on asbestos grounds by her officials; if priority will be given to the building of a new school to accommodate up to 450 pupils for the amalgamation of Marion College and Mohill community college: the negotiations that have taken place: the progress made; and if she will make a statement on the matter. [28940/04]

The Marion College, Mohill, has been surveyed for the presence of asbestos by the Office of Public Works and necessary remedial works were carried out in both 2003 and 2004.

The new school project for Mohill community college is listed for proceeding to tender and construction as part of the 2004 school building programme.

My Department's technical staff is currently examining the pre-tender documentation for this project which was recently submitted by Leitrim VEC. When this examination is complete my Department will be in contact with Leitrim VEC regarding the tendering of this project.

The site for this project is being acquired by my Department under the terms of the Residential Institutions Redress Act 2002. Documentation on the matter is currently with the Chief State Solicitor's Office.

Special Educational Needs.

Jack Wall

Question:

466 Mr. Wall asked the Minister for Education and Science the steps she intends to take to address the concerns contained in correspondence (details supplied) in regard to the new weighted system for determining resource hours; and if she will make a statement on the matter. [29040/04]

As the Deputy will be aware, the proposed new system for resource teacher allocation involves a general allocation for all primary schools to cater for pupils with higher incidence special educational needs, borderline, mild and mild general learning disability and specific learning disability, and those with learning support needs, that is, functioning at or below the 10th percentile on a standardised test of reading and-or mathematics. An additional 350 teacher posts are being provided to facilitate the introduction of the new system.

I am conscious of difficulties that could arise with regard to this model, particularly for children in small and rural schools, if it were implemented as currently proposed. Accordingly, I will review the proposed model to ensure that it provides an automatic response for pupils with common mild learning disabilities without the need for cumbersome individual applications, while at the same time ensuring that pupils currently in receipt of service continue to receive the level of service appropriate to their needs. The review will involve consultation with educational interests and the National Council for Special Education before it is implemented next year.

It is important to emphasise that applications may be made for specific resource teacher allocations in respect of pupils with lower incidence special educational needs.

Education Welfare Service.

Seán Crowe

Question:

467 Mr. Crowe asked the Minister for Education and Science when she will give sanction to the National Education Welfare Board, NEWB, to employ ten persons for which money has been budgeted. [29041/04]

My Department recently conveyed approval to the National Educational Welfare Board for the recruitment of ten additional educational welfare service delivery staff to meet the needs identified by the board. When appointed the overall staffing complement of the NEWB will be increased to 94.

State Examinations.

Seán Crowe

Question:

468 Mr. Crowe asked the Minister for Education and Science if, in view of the widening gap between male and female achievement at leaving certificate level, particularly in the Dublin area, she will introduce new initiatives in response to this emerging divergence. [29042/04]

There are multiple factors which contribute to differential performance between males and females in examinations. These include teaching and learning approaches, school culture and classroom organisation, teacher expectations, student attitudes and behaviour, the later maturation of boys, parental expectations, subject choices, course level and the format and style of questioning in examinations themselves. It is evident that more boys than girls are entered for foundation and ordinary levels of the junior certificate and this is likely to impact on performance and choice in senior cycle. The patterns of difference in the performance of boys and girls in the leaving certificate examinations reflect those found in education systems internationally.

The National Council for Curriculum and Assessment published a research report, Examining Gender: Gender and Achievement in the Junior and Leaving Certificate Examination Systems 2000-2001, in June 2003. The report claims that tiered entry systems such as foundation, ordinary and higher levels can significantly interact with gender and points to international evidence that more boys than girls tend to be entered on lower level courses. The study examined such issues as syllabus content, the selection of content for assessment and the format of examination papers for junior and leaving certificate English and mathematics, junior certificate science and leaving certificate physics. None of the syllabi or areas of content chosen was considered to give undue advantage to either sex.

Communicative styles which are narrative, discursive, involve the use of personal experience, imaginative and personal processes, or collaborative approaches along with subjects which involve a high degree of recall were found to favour girls who tend to be better organised and prepared. Communicative approaches which are concise, deductive, functional, argumentative and non-collaborative were found to favour boys, with males coping better with novel or unfamiliar items. The Economic and Social Research Institute is carrying out extensive longitudinal research for the National Council for Curriculum and Assessment on the progress of a cohort of students as they make the transition from primary to second level and progress through junior cycle. The research is providing important information on the factors considered to have significant influence on student performance such as pupil and teacher expectations and school practice in terms of curriculum content on offer to students. Feedback from the study is being disseminated to schools by the National Council for Curriculum and Assessment. The initial report, Moving Up: The Experiences of First Year Students in Post Primary Education, was published earlier this year. The issues raised in the ongoing research are being considered by the National Council for Curriculum and Assessment as part of its programme of ongoing curricular review and in the context of the proposals for reform of the senior cycle.

The State Examinations Commission is also considering the research outcomes applicable to the running of the certificate examinations. My Department is committed to providing the high possible educational opportunities for boys and girls alike and to meeting their differing needs to the fullest extent.

Disadvantaged Status.

Seán Crowe

Question:

469 Mr. Crowe asked the Minister for Education and Science if, in view of new research that suggests that language capacity is decreasing in disadvantaged areas, she will introduce new initiatives or programmes in response to this growing problem. [29043/04]

The Educational Research Centre's report, Reading Literacy in Disadvantaged Primary Schools, which I launched earlier this month, provides the first comprehensive analysis of the range of literacy achievement found in disadvantaged primary schools. Over 6,500 pupils in first, third and sixth classes participated in this large scale research which represents a major contribution to our knowledge base about literacy levels amongst disadvantaged pupils. The findings and recommendations of the ERC report will be considered in the context of a comprehensive review of all of my Department's educational disadvantage programmes.

The review, which is currently being finalised, has examined all aspects of existing provision including literacy interventions. I am pleased to inform the Deputy that in response to one of the key findings of the ERC report, namely, the strong correlation between reading levels and the number and use of books in the home, I have decided to allocate €500,000 for the purchase of books for pupils in key disadvantaged areas before Christmas. It is my intention that these books will be used in conjunction with parents to promote a culture of reading in the home. In addition, my Department will continue to operate the following measures to prevent and ameliorate literacy difficulties at primary level: the provision of additional financial and teaching resources to disadvantaged schools to implement reduced class sizes; and financial support for interventions specifically designed to improve literacy levels among those from disadvantaged backgrounds.

The learning-support teacher service provides intensive support for children with literacy difficulties. The number of learning support teachers has increased from 1,302 in 1998 to over 1,500. An additional 350 teachers at primary level will be in place during the 2004-2005 school year to cater for pupils with special educational needs and learning delay difficulties. Continuing assistance is being given in 2004 to disadvantaged primary schools in implementing the learning support guidelines which were published in 2000. Training focuses on the adoption of a whole-school approach to supporting children with literacy difficulties and development and implementation of a literacy plan by each school.

The reading recovery programme is a school based early intervention programme designed to reduce literacy problems in schools. It provides intensive, individual help for children who have not responded to the standard instructional programme in reading and writing after one year in school. The reading recovery programme was piloted in Monaghan in 2000 and, following positive evaluation, established in Dublin in 2002-03 to cater to the needs of pupils in schools designated disadvantaged. There are currently 85 primary schools — 51 in Monaghan, 34 in Dublin — participating in the programme. The Department has recently recruited three teachers to train as reading recovery tutors, increasing the total number of tutors to five. Following completion of training, these tutors will train teachers and facilitate the extension of the reading recovery programme for the first time to disadvantaged schools in Cork and Limerick.

The first steps programme offers primary teachers an accurate means of assessing and monitoring children's competencies and progress in reading, writing, spelling and oral language. Training of teachers in selected disadvantaged schools in first steps is ongoing. Early interventions, such as those outlined above, are crucial in addressing literacy problems among children and have a lasting impact on tackling educational disadvantage and social exclusion.

School Accommodation.

Enda Kenny

Question:

470 Mr. Kenny asked the Minister for Education and Science if, in view of the fact that she has already sanctioned prefabricated accommodation for a school (details supplied) in County Donegal, she will consider sanctioning a classroom instead if the school funds the cost difference; and if she will make a statement on the matter. [29044/04]

The management authority of the school to which the Deputy refers did not apply for temporary accommodation for the current school year but has recently made an application for temporary accommodation to be provided for September 2005. All such applications are being considered in the school planning section of my Department and it is planned to publish the list of successful applicants early in the new year.

As outlined in circular PBU 3/04, officials assess each application on the basis of the criteria outlined in the circular and successful applicants will be allocated funding for the provision of accommodation by way of permanent initiative if this is considered appropriate.

Site Acquisitions.

Richard Bruton

Question:

471 Mr. R. Bruton asked the Minister for Education and Science the reason her Department offers commercial confidentiality as grounds for concealing its intentions regarding the purchase of a site for a school (details supplied) in Dublin 9 in view of the fact that the proposed deal is with Dublin City Council and is not in a competitive bidding situation; if she has studied the health and safety report carried out in respect of the existing premises of this school; and the progress that has been made by her Department in respect of this application since this Deputy raised the matter in Dáil Éireann earlier this year. [29045/04]

My Department's policy on site acquisitions is to treat them with the strictest confidentiality until the acquisition has been completed. This is to ensure that, regardless of who the vendor is, my Department obtains the best value for money. With regard to health and safety issues, individual school authorities are responsible, in the first instance, for ensuring the safety and welfare of children and others in their care. In accordance with the Safety, Health and Welfare at Work Act 1989, it is the responsibility of school management authorities to have a safety statement in place in their schools. They are also obliged to identify possible hazards, assess the risks to health and safety and put appropriate safeguards in place. National schools are given an annual allocation of €3,809 plus €12.70 per pupil under the grant scheme for minor works which can be used entirely at the discretion of school management to address basic health and safety issues relating to the school infrastructure.

The long-term accommodation needs of the school in question are being assessed in the context of an overall review of primary education in the Santry-Whitehall area. The purpose of the examination is to determine the likely demand for national school places in the medium to long term and how existing provision can be maximised to cater for this demand. The review will be completed as quickly as possible.

Schools Building Projects.

Paddy McHugh

Question:

472 Mr. McHugh asked the Minister for Education and Science if funding will be made available for an extension, comprising two new classrooms and a learning support and general purpose room, to a school (details supplied) in County Galway; if her attention has been drawn to the difficult conditions under which the school is operating; and if she will make a statement on the matter. [29046/04]

The application for an extension at the school to which the Deputy refers is being considered as part of a review of all projects which did not proceed to construction as part of the 2004 school building programme. All projects are being assessed against the published prioritisation criteria revised earlier this year following consultation with the education partners. Each project will be assigned a band rating and the progress of all projects will be considered in the context of the school building programme from 2005 onwards.

School Staffing.

Seán Ó Fearghaíl

Question:

473 Mr. Ó Fearghail asked the Minister for Education and Science the circumstances in which an additional teacher was allocated to a school (details supplied) in County Kildare; the nature of the short-term contract offered to this teacher; and if it was her Department or the board of management which determined the duration of the contract offered. [29047/04]

The staffing of a primary school for a particular school year is determined by reference to the enrolment of the school on 30 September of the previous school year. The actual number of mainstream posts sanctioned is determined by reference to a staffing schedule which is finalised for a particular year following discussions with the education partners. The only deviation from the agreed staffing arrangements is in the case of schools classified as developing schools. The conditions for obtaining a post as a developing school are outlined in primary circular 03/04, a copy of which issued to the board of management of each school.

The enrolment of the school referred to by the Deputy on 30 September 2003 was 72 pupils, which warrants a staffing of a principal and two mainstream class teachers for the 2004-05 school year. The enrolment required on 30 September 2004 to obtain a post as a developing school was 97. The board of management projected that an enrolment of 98 pupils would be achieved by that date and on this basis provisional sanction for the appointment of three mainstream class teacher was given in a letter to the board on 14 July 2004. According to data submitted to my Department by the board of management, the enrolment on 30 September 2004 was 84 pupils which is well below the required figure. Sanction for the third mainstream post was withdrawn.

To ensure transparency and openness in the system, an independent staffing appeals board is now in place to decide on any appeals on mainstream staffing. The staffing of the school in question for the 2004-05 school year was considered by the appeals board on 21 October 2004. The board rejected the appeal and the board of management of the school was notified accordingly. I am sure the Deputy will appreciate that it would not be appropriate for me to intervene in the operation of the independent appeals board.

The appointment of teachers in primary schools is a matter in the first instance for the board of management of the school concerned. My Department's position is that, as far as possible, only fully qualified teachers should be appointed. In this specific case, the board of management appointed a person to the third mainstream post for the month of September initially. At the request of the board, my Department agreed to the retention of the post for a further period beyond 30 September pending the outcome of the appeal to the staffing appeals board.

Schools Building Projects.

Seán Ó Fearghaíl

Question:

474 Mr. Ó Fearghail asked the Minister for Education and Science the situation with regard to County Kildare VEC’s proposal to build a new community college in Athy, County Kildare; her views on whether this is a priority project; and if she will make a statement on the matter. [29048/04]

The new school building project for Athy community school, Athy, County Kildare, is at an early stage of architectural planning. It has a band 3 rating. 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 including Athy community school. All projects are being assessed against the published prioritisation criteria agreed earlier this year with the education partners. Each project will be assigned a band rating and the progress of all projects will be considered in the context of the school building programme from 2005 onwards.

Denis Naughten

Question:

475 Mr. Naughten asked the Minister for Education and Science if she will approve funding for an extension to a school (details supplied) in County Roscommon; when she intends to make a decision on the application; and if she will make a statement on the matter. [29100/04]

The application for an extension at the school to which the Deputy refers is being considered as part of a review of all projects which did not proceed to construction as part of the 2004 school building programme. All projects are being assessed against the published prioritisation criteria revised earlier this year following consultation with the education partners. Each project will be assigned a band rating and the progress of all projects will be considered in the context of the school building programme from 2005 onwards.

School Transport.

Denis Naughten

Question:

476 Mr. Naughten asked the Minister for Education and Science if she will review the 3:2 ratio on school buses; her views on the level of overcrowding on post-primary buses; her views on whether the increase in childhood obesity has had an impact on overcrowding on school buses; if she has reviewed this situation; and if she will make a statement on the matter. [29101/04]

The loading of all school buses is determined by the relevant sections of the road traffic regulations — construction, equipment and use of vehicles — which are laid down by the Department of Transport. The licensed carrying capacity of all vehicles engaged in school transport is based on a ratio of three pupils for every two adult seats, in accordance with the relevant legislation. I assure the Deputy that irrespective of the legal requirements, which are being fully complied with by Bus Éireann, safety on school buses is of paramount importance to my Department and Bus Éireann. As the Deputy will be aware, Bus Éireann has a very good safety record in the operation of school transport services on behalf of my Department and the company is fully committed to ensuring that the highest safety standards are maintained.

On the specific three for two seating accommodation arrangement, I want to dispel the myth that in some way this arrangement is contributing to an unsafe environment on vehicles used for school transport. While a one to one seating arrangement is desirable and indeed many vehicles providing school transport services carry less than the three for two permitted by law, I assure the Deputy that there is no question of safety being compromised. Great care is taken by Bus Éireann to ensure that the loading of school buses does not exceed the maximum legal carrying capacity on each vehicle in use. My Department and Bus Éireann will comply with all legal requirements of road traffic regulations. The regulations are a matter for my colleague, the Minister for Transport.

Consultancy Contracts.

Bernard J. Durkan

Question:

477 Mr. Durkan asked the Minister for Education and Science if any new advisors or consultants have been appointed by her since the Government reshuffle of September 2004; if such appointments are replacements for or are in addition to previous appointments; the salary and terms of employment in each case; and if she will make a statement on the matter. [29128/04]

I am finalising arrangements on the ministerial team for my Department and will be in touch with the Deputy as soon as this process is concluded.

Special Educational Needs.

Michael Ring

Question:

478 Mr. Ring asked the Minister for Education and Science if a person (details supplied) in County Mayo, who needs a full time classroom assistant, is getting this service; the position of this case; the length of time has this person been approved the full-time classroom assistant for. [29151/04]

My Department sanctioned 23 hours 20 minutes per week special needs assistant support for this child in June 2002. Recently, my Department received an application for an upgrade of the special needs assistant post from a part-time to full-time position. The application is being considered and a decision will be conveyed to the school as soon as this process has been completed.

Michael Ring

Question:

479 Mr. Ring asked the Minister for Education and Science if a person (details supplied) in County Mayo will lose the resource teaching help currently being provided to them. [29152/04]

As the Deputy will be aware, the proposed new system for resource teacher allocation involves a general allocation for all primary schools to cater for pupils with a higher incidence of special educational needs. Such needs relate to borderline mild and mild general learning disability and specific learning disability. The pupils include those with learning support needs who function at or below the tenth percentile on a standardised test of reading and, or, mathematics. An additional 350 teacher posts are being provided to facilitate the introduction of the new system.

I am conscious of difficulties which could arise with this model, especially for children in small and rural schools, if it were implemented as currently proposed. Accordingly, I will review the proposed model to ensure that it provides an automatic response for pupils with common mild learning disabilities without the need for cumbersome individual applications, while at the same time ensuring that pupils currently in receipt of service continue to receive the level of service appropriate to their needs. The review will involve consultation with educational interests and the National Council for Special Education before it is implemented next year. It is important to emphasise that applications may be made for specific resource teacher allocations in respect of pupils with lower incidence special educational needs.

David Stanton

Question:

480 Mr. Stanton asked the Minister for Education and Science the budget totals allocated for each of the CABAS pilot projects funded by her Department for 2004; the breakdown of allocated allowances within these budgets for consultancy fees; and if she will make a statement on the matter. [29218/04]

As a result of measures intended to streamline the funding allocation process, my Department now provides a budget allocation to the combined applied behavioural analysis school, CABAS, pilot projects on a school-year basis. The arrangements were implemented during the 2003-2004 school year. CABAS Dublin was allocated an overall budget of €928,705.70 for the period from September 2003 to August 2004. Of this amount, a sum of €75,644 was allocated for consultancy. CABAS Drogheda was allocated €1,168,497 for the period from February 2003 to August 2004. Of this amount, a sum of €71,617 was allocated for consultancy. CABAS Cork was allocated €1,597,955 for the period from April 2003 to August 2004. The specific allocation for consultancy is not readily available. I am making arrangements to forward this information to the Deputy as quickly as possible.

David Stanton

Question:

481 Mr. Stanton asked the Minister for Education and Science if, in regard to the budget allocated to the Cork CABAS, allowances were made in it for maintenance of the heating system and provision of a cleaning service for the school; and if she will make a statement on the matter. [29219/04]

The budget allocated by my Department to the combined applied behavioural analysis school Cork includes a provision for the general day-to-day running costs of the facility. The amount allocated for the school year 2003-04 was €17,475.

David Stanton

Question:

482 Mr. Stanton asked the Minister for Education and Science if her attention has been drawn to the restructuring of all CABAS pilot schools which has been undertaken recently; if she was consulted on the matter; and if she will make a statement on the matter. [29220/04]

I am not aware of any restructuring of combined applied behavioural analysis school facilities. If the Deputy has any further information and makes it available to me, I will have the matter investigated.

David Stanton

Question:

483 Mr. Stanton asked the Minister for Education and Science if she is in discussions with the Irish Autism Alliance regarding templates for ABA schools; if other parental groups are being consulted on this matter; if not, the reason therefor; and if she will make a statement on the matter. [29221/04]

My officials have on-going discussions with the Irish Autism Alliance on a range of issues relating to educational services for children with autism. Those issues include matters relating to the various autism facilities in which members of the alliance are directly involved. No decision has yet been taken in my Department on the future of the facilities in question. In the event that the development of a generic model of autism facility arises for consideration, I will give consideration to the nature and extent of consultation which may be required.

David Stanton

Question:

484 Mr. Stanton asked the Minister for Education and Science if her Department has conducted financial audits on any of the ABA pilot projects; if she has satisfied herself that guidelines issued by her Department concerning budgets are being adhered to; and if she will make a statement on the matter. [29222/04]

My Department has not conducted financial audits on the ABA pilot projects. It is, however, open to my Department to conduct such audits. All ABA facilities must furnish my Department with copies of their annual audited accounts of income and expenditure. They are required to adhere to the budgets provided to them and no additional expansion or expenditure can be undertaken without my Department's prior approval.

David Stanton

Question:

485 Mr. Stanton asked the Minister for Education and Science if she has officials sitting on the boards of management of the ABA pilot projects; if guidelines or directions have been given to the boards of management to request that independent financial experts be appointed to said boards of management; and if she will make a statement on the matter. [29223/04]

There are no officials of my Department on the board of management of any of the ABA pilot projects. In line with current Department guidelines, these boards should comprise representatives of parents of children attending the facilities, the staff of the facilities and the ABA consultants. The boards should be chaired by a person other than the director of the facility who is answerable to the board. It is a requirement that all ABA facilities receiving funding from my Department should submit audited accounts on an annual basis.

Education Schemes.

David Stanton

Question:

486 Mr. Stanton asked the Minister for Education and Science if children attending ABA pilot projects are guaranteed educational provision up to the age of 18 within these pilot projects; if these projects are granted permanent status; and if she will make a statement on the matter. [29224/04]

My Department intends to take a measured approach to considering the future status of the ABA facilities referred to by the Deputy. The pilot status of these projects will be considered in the context of reports by the inspectorate on autism specific provisions and any issues arising therefrom will be raised directly with the relevant school management.

Regardless of what decision is taken on the long-term future of these facilities, provision will be made for the children attending them to continue to receive an appropriate education up to the age of 18.

Schools Building Projects.

Emmet Stagg

Question:

487 Mr. Stagg asked the Minister for Education and Science the position in regard to the provision of a new national school at Ardclough, County Kildare; if the purchase of a site is imminent; and if she will make a statement on the matter. [29225/04]

The property management section of the Office of Public Works, which acts on behalf of my Department in regard to site acquisitions generally, is continuing to explore the possibility of acquiring a site for Ardclough national school, County Kildare.

Due to the commercial sensitivities of site acquisitions, it is not proposed at this stage to identify specific sites to be acquired. However, this information will be placed on my Department's website when the relevant acquisitions have been completed. The question of the provision of new accommodation for the school will be considered further when a site has been acquired.

Emmet Stagg

Question:

488 Mr. Stagg asked the Minister for Education and Science the position in regard to the provision of additional accommodation at a school (details supplied) in County Kildare; and if she will make a statement on the matter. [29226/04]

Emmet Stagg

Question:

490 Mr. Stagg asked the Minister for Education and Science the position in regard to the application for additional accommodation at a school (details supplied) in County Kildare; and if she will make a statement on the matter. [29228/04]

Emmet Stagg

Question:

491 Mr. Stagg asked the Minister for Education and Science the position in regard to the required extension at a school (details supplied) in County Kildare; and if she will make a statement on the matter. [29229/04]

Emmet Stagg

Question:

496 Mr. Stagg asked the Minister for Education and Science the position in regard to the sanctioning of architectural planning for the required extension to a school (details supplied) in County Kildare; and if she will make a statement on the matter. [29282/04]

Emmet Stagg

Question:

497 Mr. Stagg asked the Minister for Education and Science if her attention has been drawn to the expected growth which Kilcock town, County Kildare will experience in the short term; if her attention has further been drawn to the urgent accommodation requirements of a school (details supplied) in County Kildare; if she will sanction architectural planning for the schools accommodation requirements forthwith in view of the obvious delay which this project will encounter due to the decision to include it in the commission on school accommodation; and if she will make a statement on the matter. [29283/04]

Emmet Stagg

Question:

500 Mr. Stagg asked the Minister for Education and Science when architectural planning for the permanent building project for a school (details supplied) in County Kildare will be commenced; the expected date of completion of the N4-M4 accommodation plan by the commission on school accommodation; and if she will make a statement on the matter. [29286/04]

I propose to take Questions Nos. 488, 490, 491, 496, 497 and 500 together.

The applications from the schools to which the Deputy refers are being considered as part of a review of all projects which did not proceed to construction as part of the 2004 school building programme. Under this review, all projects are being assessed against the published prioritisation criteria which were revised earlier this year following consultation with the education partners. Each project will be assigned a band rating and the progress of all projects will be considered in the context of the school building programme from 2005 onwards.

The commission on school accommodation recently completed the public consultation process on the draft area development plan for the N4-M4 area and it will bring forward its report as soon as possible. Applications for capital funding from schools in this area will continue to be processed under the review mentioned above. When the commission's report becomes available, the appropriate adjustments will be made where necessary.

Schools Recognition.

Emmet Stagg

Question:

489 Mr. Stagg asked the Minister for Education and Science if permanent recognition of a school (details supplied) in County Kildare has been sanctioned; and if she will make a statement on the matter. [29227/04]

Emmet Stagg

Question:

503 Mr. Stagg asked the Minister for Education and Science if she will sanction the award of an additional grant to a school (details supplied) in County Kildare; and if she will make a statement on the matter. [29299/04]

I propose to take Questions Nos. 489 and 503 together.

The school to which the Deputy refers commenced operation with provisional recognition from my Department in 2002. Newly established schools are generally required to undergo a period of provisional recognition, during which the operation of the school and the growth of pupil numbers are monitored.

An application for permanent recognition was recently received from the school in question. It is currently under consideration in the school planning section of my Department. As part of the examination, factors such as the long-term viability of the school, current and projected enrolments and suitability of accommodation will be considered.

An application for grant aid towards the cost of relocating the school is also under consideration. A decision in these matters will be taken as soon as possible.

Questions Nos. 490 and 491 answered with Question No. 488.

Schools Refurbishment.

Emmet Stagg

Question:

492 Mr. Stagg asked the Minister for Education and Science if funding has been sanctioned for replacement of the roof at a school (details supplied) in County Kildare; the amount sanctioned; when it is estimated the repairs will take place; and if she will make a statement on the matter. [29230/04]

The roof of the school in question has been surveyed by the health and safety unit of the Office of Public Works which manages the asbestos remediation programme on behalf of my Department.

I am pleased to advise the Deputy that I have authorised the Office of Public Works to carry out the necessary remediation works to the roof in question. I understand that the Office of Public Works is liaising with the school authorities on the matter.

Early Childhood Education.

Damien English

Question:

493 Mr. English asked the Minister for Education and Science the plans in place to guarantee or to grant every eligible child a place in a pre-school in the rapidly expanding towns of County Meath; and if she will make a statement on the matter. [29259/04]

The further 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 in 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 that aim to expose children aged three-four years from disadvantaged areas to a positive pre-school environment so as to improve their overall development and long-term educational experience and performance. The Department also funds 52 pre-schools for Travellers which aim to develop children's cognitive, language and social skills, to prepare children for entry to primary school and to 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 currently developing a quality 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. This 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 OECD review are under active consideration within my Department and also by the relevant sub-group of the Government's high level working group on childcare and early education.

Schools Building Projects.

Emmet Stagg

Question:

494 Mr. Stagg asked the Minister for Education and Science if the architectural planning of the new school (details supplied) in County Kildare has been completed; if she will sanction the necessary capital to enable the project to commence; and if she will make a statement on the matter. [29280/04]

The new school building project for the school referred to by the Deputy is at an early stage of architectural planning. It has a band two rating.

My Department's technical staff are currently examining the stage three mechanical and electrical documentation in order to complete the stage three submission. The school authorities will be kept advised of developments.

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 including the school referred to by the Deputy. All projects are being assessed against the published prioritisation criteria, agreed earlier this year with the education partners. Each project will be assigned a band rating and the progress of all projects will be considered in the context of the school building programme from 2005 onwards.

Emmet Stagg

Question:

495 Mr. Stagg asked the Minister for Education and Science if phase two of the extension project to a school (details supplied) in County Kildare will be sanctioned in 2005 in view of the acceptance by the school authorities of the proposal for the overall extension of 27 classrooms in two phases; and if she will make a statement on the matter. [29281/04]

The application from the school to which the Deputy refers is being considered as part of a review of all projects which did not proceed to construction as part of the 2004 school building programme. Under this review, all projects are being assessed against the published prioritisation criteria which were revised earlier this year following consultation with the education partners.

Each project will be assigned a band rating and the progress of all projects will be considered in the context of the school building programme from 2005 onwards.

Following conclusion of the budgetary process I intend to publish the 2005 building programme which will operate in the context of a multi-annual framework.

Questions Nos. 496 and 497 answered with Question No. 488.

School Accommodation.

Emmet Stagg

Question:

498 Mr. Stagg asked the Minister for Education and Science if she will sanction temporary accommodation for a school (details supplied) in County Kildare in 2004, in view of its urgent requirement to facilitate resource teaching and the delays which the project will experience by its inclusion in the commission on school accommodation study; and if she will make a statement on the matter. [29284/04]

An application for temporary accommodation for the 2004-05 school year was received from the school authority to which the Deputy refers. All applications for temporary accommodation were considered by the school planning section of my Department in the context of the available funding for 2004 and the number of applications for that funding. Unfortunately, it was not possible to approve all applications received and only those with an absolute and demonstrated need for additional accommodation were approved.

The school's application is, however, now being considered as part of a review of all projects which did not proceed to construction as part of the 2004 school building programme. Under this review, all projects are being assessed against the published prioritisation criteria which were revised earlier this year following consultation with the education partners. Each project will be assigned a band rating and the progress of all projects will be considered in the context of the school building programme from 2005 onwards.

Applications for capital funding from schools in the N4-M4 draft area development plan will continue to be processed under the review mentioned above. When the commission on school accommodation's report in this matter becomes available, the appropriate adjustments will be made where necessary.

Schools Building Projects.

Emmet Stagg

Question:

499 Mr. Stagg asked the Minister for Education and Science if the architectural planning for the extension to a school (details supplied) in County Kildare has been completed; if not, when it is likely to be completed; if she will sanction funding for the project; if she will sanction the provision of a general purpose room based on the number of classrooms in the new school rather than restricting same to 200 square metres; and if she will make a statement on the matter. [29285/04]

The building project for the school referred to by the Deputy is at an early stage of architectural planning. It has a band two rating.

My Departments officials recently wrote to the school with queries on a stage three submission, developed sketch scheme, and a response is awaited.

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 including the school referred to by the Deputy. All projects are being assessed against the published prioritisation criteria, agreed earlier this year with the education partners. Each project will be assigned a band rating and the progress of all projects will be considered in the context of the school building programme from 2005 onwards.

Question No. 500 answered with QuestionNo. 488.

Emmet Stagg

Question:

501 Mr. Stagg asked the Minister for Education and Science if she will sanction funding for the required extension to a school (details supplied) in County Kildare; and if she will make a statement on the matter. [29289/04]

The extension project for the school referred to by the Deputy is at an early stage of architectural planning. It has a band three rating.

My Department's technical staff are currently examining the stage three documentation, developed sketch scheme. The school authorities will be kept advised of developments.

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 including the school referred to by the Deputy. All projects are being assessed against the published prioritisation criteria agreed earlier this year with the education partners. Each project will be assigned a band rating and the progress of all projects will be considered in the context of the school building programme from 2005 onwards.

Schools Refurbishment.

Emmet Stagg

Question:

502 Mr. Stagg asked the Minister for Education and Science if she has received an application to fund the required covered walkway at a college (details supplied) in County Kildare under the 2005 summer works scheme; and when a decision will be made in this matter. [29291/04]

The school to which the Deputy refers has submitted an application for grant aid under the summer works scheme 2005, for a covered walkway.

All summer works scheme applications are currently being assessed in the school planning section of my Department. I intend to publish the list of successful applicants early in the new year.

Question No. 503 answered with QuestionNo. 489.

School Accommodation.

Emmet Stagg

Question:

504 Mr. Stagg asked the Minister for Education and Science if there are funds available to allocate to a school (details supplied) in County Kildare to enable the provision of temporary classrooms at the school; and if she will make a statement on the matter. [29301/04]

An application for temporary accommodation has been received from the school authority to which the Deputy refers. All applications for temporary accommodation for the 2005-06 school year are currently being assessed in the school planning section of my Department. I intend to publish a list of the successful applicants early in the new year.

Emmet Stagg

Question:

505 Mr. Stagg asked the Minister for Education and Science if there are funds available to allocate to a school (details supplied) in County Kildare to enable the provision of temporary accommodation at the school; and if she will make a statement on the matter. [29302/04]

An application for temporary accommodation has been received from the school authority referred to by the Deputy. All applications for temporary accommodation were considered by the school planning section of my Department in the context of the available funding for 2004, and the number of applications for that funding. Unfortunately, it was not possible to approve all applications received, and only those with an absolute and demonstrated need for additional accommodation were approved.

The need for additional accommodation at the school is, however, being considered as part of a review of all projects which did not proceed to construction as part of the 2004 school building programme. Under this review, all projects are being assessed against the published prioritisation criteria which were revised earlier this year following consultation with the education partners. Each project will be assigned a band rating and the progress of all projects will be considered in the context of the school building programme from 2005 onwards.

Site Acquisitions.

Emmet Stagg

Question:

506 Mr. Stagg asked the Minister for Education and Science the number of sites examined by the OPW since 1999 regarding its work in identifying a site for the new national school for Kill, County Kildare; the number of sites which were recommended as suitable by the OPW; the number of offers to purchase which were made on foot of recommendations from the OPW; if any of these sites remains available for purchase; if there is a prospective site under discussion for purchase; and if she will make a statement on the matter. [29305/04]

The property management section of the OPW, which acts on behalf of my Department regarding site acquisitions generally has been requested to compile the information requested by the Deputy on the acquisition of the site for the new national school in Kill, County Kildare. As soon as this information is made available to my Department, it will be forwarded directly to the Deputy.

Emmet Stagg

Question:

507 Mr. Stagg asked the Minister for Education and Science if she has sanctioned the proposals by the County Kildare VEC to relocate a school (details supplied) in County Kildare; and if she will make a statement on the matter. [29308/04]

The question of the relocation of St. Patrick's post-primary school, Naas, County Kildare, to an alternative site is under examination in my Department at present. Discussions have been held with County Kildare Vocational Education Committee, the local authority and representatives of a developer on the matter. These discussions are ongoing and it is not possible to indicate at this stage when they may be concluded and when a final decision will be taken in the matter.

Schools Building Projects.

Emmet Stagg

Question:

508 Mr. Stagg asked the Minister for Education and Science the position on the provision of an extension to a college (details supplied) in County Kildare; and if she will make a statement on the matter. [29309/04]

I am pleased to inform the Deputy that construction has commenced on an extension project at the school to which he refers. The project is due to be completed in early 2005.

Third Level Fees.

Gay Mitchell

Question:

509 Mr. G. Mitchell asked the Minister for Education and Science if she will provide assistance and advice to a person (details supplied) in Dublin 12 who cannot afford to pay course fees. [29333/04]

Under the terms of the higher education grants scheme administered by the local authorities under the aegis of my Department, the position is that, generally speaking, students who are entering approved courses for the first time are eligible for grants where they satisfy the relevant conditions as to residence, means, nationality and previous academic attainment.

A candidate's reckonable income for the purposes of the means test is his or her gross income from all sources and the gross income of his or her parents or guardians, where applicable, with certain specified social welfare and health board payments being exempt. Grant assistance may not be awarded in any case where the reckonable income exceeds the prescribed income limits for the award of a grant.

I understand that the candidate in question was refused a higher education grant on the basis that reckonable income exceeded the prescribed income limits for the award of a maintenance and fees grant. I regret that it is not possible to allow grant aid where reckonable income exceeds the prescribed limits, irrespective of the particular circumstances.

I advise the Deputy that section 473A of the Taxes Consolidation Act 1997 provides tax relief, at the standard rate of tax, for tuition fees paid in respect of approved courses at approved colleges of higher education, including certain approved undergraduate and postgraduate courses in EU member states and in non-EU countries. The application form — IT31 form — to claim tax relief on tuition fees is available from the Revenue Commissioners. Further information is available form the student's local tax office.

Schools Building Projects.

Michael Ring

Question:

510 Mr. Ring asked the Minister for Education and Science when funding will be provided to a school (details supplied) in County Mayo in view of the fact that all planning stages were completed early in 2004; when funding will be available for this project; when this matter will proceed to tender stage; and when will construction commence. [29337/04]

The PE hall for the school referred to by the Deputy is at the stage of advanced architectural planning and my Department's officials have received a combined stage 4/5 — detail design/bill of quantities — submission from the school authorities.

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, including the school referred to by the Deputy. All projects are being assessed against the published prioritisation criteria, agreed earlier this year with the education partners. Each project will be assigned a band rating and the progress of all projects will be considered in the context of the school building programme from 2005 onwards.

School Staffing.

Michael Ring

Question:

511 Mr. Ring asked the Minister for Education and Science the schools in County Mayo that benefited as a result of the additional 500 special needs assistant positions announced on 22 October 2004. [29338/04]

Michael Ring

Question:

512 Mr. Ring asked the Minister for Education and Science the way in which the additional 500 special needs assistants will be divided out, with details of the number which will be assigned to each county. [29339/04]

I propose to take Questions Nos. 511 and 512 together.

I recently sanctioned an additional 295 special needs assistant, SNA, posts to support over 500 pupils with special care needs. As these SNAs are not assigned to individual schools but to the children with significant need, it would be inappropriate to provide information on the names of these children. Responsibility for recruiting the SNAs rests with the individual board of management.

Special Educational Needs.

Bernard Allen

Question:

513 Mr. Allen asked the Minister for Education and Science if her attention has been drawn to the situation of a person (details supplied) in County Cork; if she will investigate the reason a school service is not being offered to this person and there has been no contact from her Department with their mother regarding this unacceptable situation which is known to the local inspectorate. [29340/04]

My Department's inspectorate is liaising with the special schools referred to by the Deputy regarding enrolment of the child in question. A decision will be conveyed to the parents at the earliest possible date. Pending a school placement, my Department has approved ten hours per week of home tuition.

Schools Building Projects.

Enda Kenny

Question:

514 Mr. Kenny asked the Minister for Education and Science the position regarding the provision of new school premises at a school (details supplied) in County Mayo; when official recognition was given to this school; if arrangements have been finalised regarding site acquisition and new buildings; the moneys allocated for 2004-05; and if she will make a statement on the matter. [29341/04]

The school to which the Deputy refers was granted permanent recognition with effect from May 2000. The property management section of the OPW, which acts on behalf of my Department regarding site acquisitions generally, is currently exploring the possibility of acquiring a site for this school.

The application from the school for permanent accommodation is being considered as part of a review of all projects which did not proceed to construction as part of the 2004 school building programme. All projects are being assessed against the published prioritisation criteria, revised earlier this year following consultation with the education partners. Each project will be assigned a band rating and the progress of all projects will be considered in the context of the school building programme from 2005 onwards.

Special Educational Needs.

Olwyn Enright

Question:

515 Ms Enright asked the Minister for Education and Science the progress that has been made on the recommendation in the report of the task force on autism of October 2001 that her Department and the Department of Health and Children establish compatible databases on children and adults who have a diagnosis of Asperger’s syndrome; if such a recommendation has been carried out; if so, the extent to which; if not completed, when it will be completed; and if she will make a statement on the matter. [29358/04]

Olwyn Enright

Question:

516 Ms Enright asked the Minister for Education and Science the progress that has been made on the recommendation in the report of the task force on autism of October 2001 that her Department and the Department of Health and Children establish compatible databases on children and adults who have a diagnosis of PDD-NOS; if such a recommendation has been carried out; if so, the extent to which; if not completed, when it will be completed; and if she will make a statement on the matter. [29359/04]

Olwyn Enright

Question:

517 Ms Enright asked the Minister for Education and Science the progress that has been made on the recommendation in the report of the task force on autism of October 2001 that as a matter of urgency research be conducted into the national prevalence of autistic disorder; if such a recommendation has been carried out; if so, the extent to which; if not completed, when it will be completed; and if she will make a statement on the matter. [29360/04]

Olwyn Enright

Question:

518 Ms Enright asked the Minister for Education and Science the progress that has been made on the recommendation in the report of the task force on autism of October 2001 that as a matter of urgency research be conducted into the national prevalence of Asperger’s syndrome; if such a recommendation has been carried out; if so, the extent to which; if not completed, when it will be completed; and if she will make a statement on the matter. [29361/04]

Olwyn Enright

Question:

519 Ms Enright asked the Minister for Education and Science the progress that has been made on the recommendation in the report of the task force on autism of October 2001 that as a matter of urgency research be conducted into the national prevalence of PDD-NOS; if such a recommendation has been carried out; if so, the extent to which; if not completed, when it will be completed; and if she will make a statement on the matter. [29362/04]

Olwyn Enright

Question:

520 Ms Enright asked the Minister for Education and Science the progress that has been made on the recommendation in the report of the task force on autism of October 2001 that her Department and the Department of Health and Children establish compatible databases on children and adults who have a diagnosis of autistic disorder; if such a recommendation has been carried out; if so, the extent to which; if not completed, when it will be completed; and if she will make a statement on the matter. [29363/04]

Olwyn Enright

Question:

521 Ms Enright asked the Minister for Education and Science the progress that has been made on the recommendation in the report of the task force on autism of October 2001 that until such a time as national ASD databases are fully operational, her Department and the Department of Health and Children agree a prevalence rate for ASDs as a basis of forward planning for the provision of services and to ensure that resources will be sufficient — prevalence estimates indicate that as an initial target, provision be made for services for at least 20 per 10,000 with autistic disorder and for 36 per 10,000 with Asperger’s syndrome; if such a recommendation has been carried out; if so, the extent to which; if not completed, when it will be completed; and if she will make a statement on the matter. [29364/04]

Olwyn Enright

Question:

522 Ms Enright asked the Minister for Education and Science the progress that has been made on the recommendation in the report of the task force on autism of October 2001 that forward planning by the Government be based on international prevalence rates, until our national ASD databases are fully operational; if such a recommendation has been carried out; if so, the extent to which; if not completed, when it will be completed; and if she will make a statement on the matter. [29365/04]

Olwyn Enright

Question:

523 Ms Enright asked the Minister for Education and Science the progress that has been made on the recommendation in the report of the task force on autism of October 2001 that the role of parents as advocates for their children/young adults with autistic spectrum disorders be formally recognised; if such a recommendation has been carried out; if so, the extent to which; if not completed, when it will be completed; and if she will make a statement on the matter. [29366/04]

Olwyn Enright

Question:

524 Ms Enright asked the Minister for Education and Science the progress that has been made on the recommendation in the report of the task force on autism of October 2001 that structures be established to ensure that the provision of support services and therapies are delivered smoothly and seamlessly; if such a recommendation has been carried out; if so, the extent to which; if not completed, when it will be completed; and if she will make a statement on the matter. [29367/04]

Olwyn Enright

Question:

525 Ms Enright asked the Minister for Education and Science the progress that has been made on the recommendation in the report of the task force on autism of October 2001 that a national forum for autistic spectrum disorder be established to facilitate the dissemination of information and exchange of views between parents, professionals and Departments; if such a recommendation has been carried out; if so, the extent to which; if not completed, when it will be completed; and if she will make a statement on the matter. [29368/04]

Olwyn Enright

Question:

526 Ms Enright asked the Minister for Education and Science the progress that has been made on the recommendation in the report of the task force on autism of October 2001 that her Department initiate a parent-school partnership scheme for persons with autistic spectrum disorders, and that this entail the creation of partnership facilitator posts; if such a recommendation has been carried out; if so, the extent to which; if not completed, when it will be completed; and if she will make a statement on the matter. [29369/04]

Olwyn Enright

Question:

527 Ms Enright asked the Minister for Education and Science the progress that has been made on the recommendation in the report of the task force on autism of October 2001 that consultation, collaboration and the inclusion of parent representatives-voluntary and support organisations on education, health, vocational and training and supported employment policy-planning teams and committees at local and national levels be recognised as a key feature of future policy formation for ASDs and that professional input and training be provided to such a parent representatives-organisations as appropriate; if such a recommendation has been carried out; if so, the extent to which; if not completed, when it will be completed; and if she will make a statement on the matter. [29382/04]

Olwyn Enright

Question:

528 Ms Enright asked the Minister for Education and Science the progress that has been made on the recommendation in the report of the task force on autism of October 2001 that persons with Asperger’s syndrome-high functioning autism have the opportunity and be actively encouraged to participate on health or education planning committees; if such a recommendation has been carried out; if so, the extent to which; if not completed, when it will be completed; and if she will make a statement on the matter. [29383/04]

Olwyn Enright

Question:

529 Ms Enright asked the Minister for Education and Science the progress that has been made on the recommendation in the report of the task force on autism of October 2001 that parents be informed of their entitlement to attend all meetings and case conferences concerning their children, including those where the progress or intervention of their child may be under deliberation, and that advance notice of such meetings be supplied to parents to facilitate attendance; if such a recommendation has been carried out; if so, the extent to which; if not completed, when it will be completed; and if she will make a statement on the matter. [29384/04]

Olwyn Enright

Question:

530 Ms Enright asked the Minister for Education and Science the progress that has been made on the recommendation in the report of the task force on autism of October 2001 that emphasis be placed on the centrality of parents in decision making relating to their child with an ASD; if such a recommendation has been carried out; if so, the extent to which; if not completed, when it will be completed; and if she will make a statement on the matter. [29385/04]

Olwyn Enright

Question:

531 Ms Enright asked the Minister for Education and Science the progress that has been made on the recommendation in the report of the task force on autism of October 2001 that her Department and the Department of Health and Children co-ordinate a national Asperger’s syndrome-high functioning autism awareness campaign aimed at teachers, parents and the medical profession in an effort to combat current low levels of awareness and identification rates and that awareness be raised among professionals of the need for referral of suspected cases of Asperger’s syndrome-high functioning autism to the appropriate secondary or tertiary services and that special training be provided within the relevant professions on Asperger’s syndrome-high functioning autism; if such a recommendation has been carried out; if so, the extent to which; if not completed, when it will be completed; and if she will make a statement on the matter. [29386/04]

Olwyn Enright

Question:

532 Ms Enright asked the Minister for Education and Science the progress that has been made on the recommendation in the report of the task force on autism of October 2001 that structures for the provision of diagnosis should include arrangements for the early diagnosis of Asperger’s syndrome/high functioning autism and for the diagnosis and assessment of adolescents-adults with Asperger’s syndrome-high functioning autism; the importance of early diagnosis of Asperger’s syndrome/high functioning autism and the equal importance of the availability of assessment for the adolescent-adult diagnosis of Asperger’s syndrome-high functioning autism should be highlighted among the education and health services; if such a recommendation has been carried out, the extent to which; if not completed, when it will be completed; and if she will make a statement on the matter. [29388/04]

Olwyn Enright

Question:

533 Ms Enright asked the Minister for Education and Science the progress that has been made on the recommendation in the report of the task force on autism of October 2001 that the child-adult and family support plans and the statement of educational needs be afforded statutory status, including statutory entitlement to the provision of an IEP, and that an IEP be established for each individual based on the results of relevant assessments; if such a recommendation has been carried out, the extent to which; if not completed, when it will be completed; and if she will make a statement on the matter. [29390/04]

Olwyn Enright

Question:

534 Ms Enright asked the Minister for Education and Science the progress that has been made on the recommendation in the report of the task force on autism of October 2001 that a working group, which would include representatives of the Department of Education and Science, the Department of Health and Children, parents and other relevant representatives, be established in each health board region to review the specific needs of people with Asperger’s syndrome-high functioning autism of all ages in the region; if such a recommendation has been carried out, the extent to which; if not completed, when it will be completed; and if she will make a statement on the matter. [29391/04]

Olwyn Enright

Question:

535 Ms Enright asked the Minister for Education and Science the progress that has been made on the recommendation in the report of the task force on autism of October 2001 that the assessment and service provision functions be independent of each other and that the assessment process be transparently free of any vested interest; if such a recommendation has been carried out, the extent to which; if not completed, when it will be completed; and if she will make a statement on the matter. [29393/04]

Olwyn Enright

Question:

536 Ms Enright asked the Minister for Education and Science the progress that has been made on the recommendation in the report of the task force on autism of October 2001 that following diagnosis of ASD, intervention commence within 30 days and that additional assessments, as necessary, be conducted within three to six months; if such a recommendation has been carried out, the extent to which; if not completed, when it will be completed; and if she will make a statement on the matter. [29394/04]

Olwyn Enright

Question:

538 Ms Enright asked the Minister for Education and Science the progress that has been made on the recommendation in the report of the task force on autism of October 2001 that information on a variety of empirically validated methodologies be available to parents and that the values underpinning differing approaches be explored from the professional and parental perspectives before making decisions on educational placements; if such a recommendation has been carried out, the extent to which; if not completed, when it will be completed; and if she will make a statement on the matter. [29396/04]

Olwyn Enright

Question:

540 Ms Enright asked the Minister for Education and Science the progress that has been made on the recommendation in the report of the task force on autism of October 2001 that the Minister for Education and Science recommend to the Minister for Health and Children the introduction of statutory child and adult family support plans for those with an ASD; if such a recommendation has been carried out, the extent to which; if not completed, when it will be completed; and if she will make a statement on the matter. [29399/04]

Olwyn Enright

Question:

541 Ms Enright asked the Minister for Education and Science the progress that has been made on the recommendation in the report of the task force on autism of October 2001 that the Department of Education and Science, in collaboration with parents, the health board and relevant voluntary/non-Governmental organisations, develop formal behavioural guidelines for staff and that these guidelines be distributed to all schools and institutions catering for persons with ASD; if such a recommendation has been carried out, the extent to which; if not completed, when it will be completed; and if she will make a statement on the matter. [29400/04]

I propose to take Questions Nos. 515 to 536, inclusive, and 538, 540, and 541 together.

The Deputy has tabled a number of questions on individual recommendations in the report of the task force on autism. These recommendations provide an invaluable basis for the development of educational services and supports for persons with autism. However, in responding to the recommendations, my Department has had to give priority to a number of key areas before detailed individual recommendations can be addressed. These key areas involve the implementation of the core legislative and structural measures required to underpin service development and delivery. This approach is critical to the implementation of many of the individual recommendations of the task force, including those relating to assessment, parental involvement, service delivery, information dissemination, promotion of inclusion and co-ordination between health and education authorities.

The Education for Persons with Special Educational Needs Act 2004 has now been enacted and, on the structural front, the National Council for Special Education, NCSE, has been established on a statutory basis. While these developments represent significant progress, a considerable amount of additional input is required before the measures can begin to have a positive impact on services for children with special educational needs, including those with autism.

Over the course of the coming months, I expect that significant progress will be made in this regard. Specifically, consideration will be given to the detailed measures required to enable the Act to be commenced. In addition, it is intended that the NCSE will assume operational status in the new year and a range of measures are in hand to ensure that this objective is realised. These measures include comprehensive supported training for the council's special educational needs organisers and the drawing up of detailed work protocols on the various areas of work for which the council will assume responsibility.

This work will be carefully planned and executed over the coming months. I will address many of the recommendations of the task force. Other recommendations will be addressed over time in consultation with the council and other interested parties.

Olwyn Enright

Question:

537 Ms Enright asked the Minister for Education and Science the progress that has been made on the recommendation in the report of the task force on autism of October 2001 that parents have access to accurate information regarding mainstream and specialised educational options for the placement of their child post diagnosis; if such a recommendation has been carried out and the extent to which; if not completed, when it will be completed; and if she will make a statement on the matter. [29395/04]

My Department is at present developing, in consultation with the Irish Autism Alliance, a set of detailed responses to frequently asked questions about educational provision and supports for children with autism. These responses will focus on such matters as school placement options, educational assessments, in-service training, health-related support services and school transport.

It is intended that development of this resource will be completed shortly.

Question No. 538 answered with QuestionNo. 515.

Olwyn Enright

Question:

539 Ms Enright asked the Minister for Education and Science the progress that has been made on the recommendations (details supplied) in the report of the task force on autism of October 2001; if such a recommendation has been carried out and the extent to which; if not completed, when it will be completed; and if she will make a statement on the matter. [29398/04]

Olwyn Enright

Question:

583 Ms Enright asked the Minister for Education and Science the progress which has been made on the recommendations (details supplied) in the report of the task force on autism of October 2001; if such recommendations have been carried out; if so, the extent to which; if not completed, when they will be completed. [29477/04]

I propose to take Questions Nos. 539 and 583 together.

I am concerned to ensure that all policy proposals from my Department reflect the primary role parents have in the primary and post-primary education systems. Indeed recent legislative developments from my Department and others have embraced the principles laid out in the report of the task force on autism and referred to by the Deputy.

Article 42 of the Constitution acknowledges that the family is the primary and natural educator of a child and all legislation must take account of that fact. The Education for Persons with Special Educational Needs Act 2004 provides for the greater involvement of parents of children with special educational needs in the education of their children. Parents have a central role in the education of their child and the Act guarantees parents the right to be involved in the assessment of their child. The Act clearly outlines the rights of parents in the assessment and decision making process of their child's education.

The Act sets out a range of services, which must be provided, including assessments, education plans and support services. Under section 4(3) of the Act, where parents believe that their child may have special educational needs, they may request the relevant health board or the National Council for Special Education, established under the Act, to carry out an assessment of the child. Parents of a student with special educational needs may also request the principal of a school to take measures to meet the educational needs of that student, including arranging for an assessment to be carried out. Under the Act, there is an obligation on the health board, council or principal to facilitate the participation of the parents in the carrying out of an assessment of their child.

Every child with special educational needs is entitled to an individual education plan, prepared by appropriate professionals. The IEP will set out the child's educational needs, the special education and related support services to be provided to him or her and the goals, which the child is to achieve over a period of not more than 12 months. Parents have a right to participate and provide inputs in the preparation of the IEP. The IEP is subject to regular review and amendment. Under section 11 of the Act, the principal must report to the parents on the operation of each education plan and section 14 of the Act requires boards of management to ensure that parents of a student with special educational needs are informed, consulted and allowed to participate in all significant decisions concerning their child's education.

The Act also provides for an appeals process where parents can submit decisions concerning their child's education to an independent review board. The review board has power to compel bodies, including health boards, to take specific actions to address matters before it, thus giving parents a quick, cheap and effective route to secure education for their child's needs. The assistance and advice of a special educational needs organiser is available to parents in many circumstances and under the Comhairle (Amendment) Bill 2004 parents will also have access to an advocacy service to assist them in accessing all social services including those under the Education for Persons with Special Educational Needs Act 2004.

The membership of the council will take into account the desirability of the participation of persons with special educational needs, their parents and representatives and will have two members nominated by the National Disability Authority. Furthermore, the consultative forum, which will advise the council, will be representative of voluntary bodies involved in the promotion of the interests of persons with disabilities and other interested parties including parents.

Questions Nos. 540 and 541 answered with Question No. 515.

Olwyn Enright

Question:

542 Ms Enright asked the Minister for Education and Science the progress that has been made on the recommendation in the report of the task force on autism of October 2001 that no student should be discriminated against by being suspended or expelled from their educational programme due to behaviours resulting from the severity of their disability; if such a recommendation has been carried out and the extent to which; if not completed, when it will be completed; and if she will make a statement on the matter. [29401/04]

Under the provisions of the Education (Welfare) Act 2000, the board of management of all recognised schools should, in consultation with specified persons, prepare a code of behaviour in respect of students registered at the school which should specify the following: (a) the standards of behaviour that shall be observed by each student attending the school; (b) the measures that may be taken when a student fails or refuses to observe those standards; (c) the procedures that should be followed before a student may be suspended or expelled from the school concerned; (d) the grounds for removing a suspension imposed in relation to a student; and (e) the procedures to be followed relating to notification of a child's absence from school.

When behavioural difficulties arise, the school authorities should consult with the relevant professionals and parents well before the stage where suspension or expulsion needs to be seriously considered.

The provisions of the Education Act and the Education (Welfare) Act mean that a school board of management cannot expel a student lightly and that parents have the right of appeal in the event that it does happen. Section 29 of the Education Act provides for parental right of appeal to the Secretary General of my Department in respect of: (1) permanent exclusion from a school; (2) suspension for a period which would bring the cumulative period of suspension to 20 days in any one school year, or (3) refusal to enrol.

Where the appeals board determines that the board of management of the school has acted in breach of its policies, fair procedures or the law, it may make recommendations to the Secretary General of my Department who may direct a school to take whatever action is necessary, including reinstatement.

Where a school proposes to expel a student for a breach of the school's code of conduct, it must notify the National Educational Welfare Board, which will make every reasonable effort to ensure that, in the event of expulsion, alternative provision is found for the child. The education welfare officer will liaise with parents and education providers to ensure that the educational needs of the child are met.

Olwyn Enright

Question:

543 Ms Enright asked the Minister for Education and Science the progress that has been made on the recommendation in the report of the task force on autism of October 2001 that schools and programmes educating one or more students with an ASD are properly resourced; if such a recommendation has been carried out and the extent to which; if not completed, when it will be completed; and if she will make a statement on the matter. [29402/04]

Olwyn Enright

Question:

562 Ms Enright asked the Minister for Education and Science the progress that has been made on the recommendation in the report of the task force on autism of October 2001 that provision for children with ASDs be sufficient to meet demand in all geographical regions and be based on admission criteria which reflect diagnostic category, assessed needs and parental choice; if such a recommendation has been carried out; if so, the extent to which; if not completed, when it will be completed; and if she will make a statement on the matter. [29451/04]

Olwyn Enright

Question:

565 Ms Enright asked the Minister for Education and Science the progress that has been made on the recommendation in the report of the task force on autism of October 2001 that her Department secure sufficient support services for children with ASDs; if such a recommendation has been carried out; if so, the extent to which; if not completed, when it will be completed. [29454/04]

Olwyn Enright

Question:

600 Ms Enright asked the Minister for Education and Science the progress that has been made on the recommendations (details supplied) in the report of the task force on autism of October 2001 that supports be provided as needed for children with an ASD when in a mainstream setting; if such a recommendation has been carried out; if so, the extent to which; if not completed, when it will be completed; and if she will make a statement on the matter. [29494/04]

I propose to take Questions Nos. 543, 562, 565 and 600 together.

Every effort is made to ensure that children with special educational needs, including children with autistic spectrum disorders, receive an education appropriate to their needs. Decisions regarding the most appropriate model of response in each particular case are based on the professionally-assessed needs of the individual child.

Children who have been assessed as having special educational needs, including autism, have access to a range of special support services. The services range from special schools dedicated to particular disability groups, through special classes-units attached to ordinary schools, to placement on an integrated basis in ordinary schools, with special back-up supports.

My Department's policy is to ensure the maximum possible integration of children with special educational needs into ordinary mainstream schools. Many children with such needs, including autism, are capable of attending mainstream schools on a fully integrated basis with the support, where necessary, of special resource teachers and-or special needs assistants.

Children with more severe disabilities are catered for in special schools which are dedicated to particular disability groups. There are 108 special schools in the country at present. These schools cater for children from four to 18 years of age and each school enjoys a significantly reduced pupil teacher ratio and other staffing supports. For example, each class catering for a maximum of six pupils with autism will have a staffing of at least one teacher and two special needs assistants. Additional special needs assistant support is provided if deemed necessary. Special schools also receive increased rates of capitation funding.

Where placement in a special school is not considered necessary, children with special educational needs, including those with autism, can attend special classes attached to ordinary mainstream schools. All special autism classes enjoy the same increased levels of staffing and funding as are made available to the special schools. Children with autism attending special classes attached to ordinary schools may, where appropriate, be integrated into ordinary classes for periods of the school day and, in that way, benefit from being able to socialise with their non-disabled peers. A total of 139 special classes for autism are in place in the primary system at present. Further special classes for autism may be established nationwide, as appropriate.

While children are awaiting a suitable educational placement, my Department may sanction home tuition as an interim measure, if appropriate. The following dedicated resources are now deployed to support children with special educational needs, including those with autism, in the primary system: more than 2,600 resource teachers — up from 104 in 1998; more than 1,500 learning support teachers — up from 1,302 in 1998; more than 1,000 teachers in special schools; more than 600 teachers in special classes; more than 5,000 special needs assistants — up from 300 in 1998; more than €30 million on school transport for special needs pupils; more than €3 million towards specialised equipment and materials — up from €0.8 million in 1998.

To appreciate the scale of improvement in the provision of resources to primary schools for special needs, it is worth reflecting on the fact that, at approximately 10,700, the number of adults providing services to children with special educational needs in primary schools today equates to more than half of the 21,100 primary teaching force in 1998.

My Department is continuing to develop the network of special educational provision for children with autism. The extent of progress can be measured from the fact that, since 1998, when autism was first recognised as a distinct special educational need, the number of dedicated facilities that have been developed is as follows: eight pre-school classes for children with autism; 134 special classes for children with autism attached to special schools and mainstream schools; five special classes for children with Asperger's syndrome; eight autism facilities, some of which are providing an applied behavioural analysis model of response to children with autism.

Another major landmark in the development of autism specific services was the joint launch last month by my predecessor and the Minister with responsibility for Education in Northern Ireland of the Middletown Centre for Autism. This marked the successful completion of the purchase of the former St. Joseph's Adolescent Centre, Middletown on behalf of the Department of Education in the North and the Department of Education and Science in the South. Both Departments plan to refurbish the property to meet the needs of a centre of excellence for children and young people with autism throughout the island of Ireland. The centre will be dedicated to improving and enriching the educational opportunities of children and young people with autistic spectrum disorders.

Four key services will be provided by the centre: a learning support service, on a residential basis; an educational assessment service; a training and advisory service, and an autism research and information service.

I believe that the steps taken in recent years and those currently in hand represent significant progress in the development of services for children with autism. However, I fully recognise that further progress is required and my Department in consultation with parents and existing service providers will seek to ensure that the recent rate of development is maintained.

Pupil-Teacher Ratio.

Finian McGrath

Question:

544 Mr. F. McGrath asked the Minister for Education and Science if a school (details supplied) in Dublin 7 will lose its 2.2 teachers under the current proposals; and if this school will be made a priority case. [29428/04]

As the Deputy will be aware, I am conscious of difficulties that could arise in relation to the proposed model for allocating resource teachers to primary schools, particularly for children in small and rural schools, if it were implemented as currently proposed.

Accordingly, I will be reviewing the proposed model to ensure that it provides an automatic response for pupils with common mild learning disabilities without the need for cumbersome individual applications, while at the same time ensuring that pupils currently in receipt of service continue to receive the level of service appropriate to their needs. The review will involve consultation with educational interests and the National Council for Special Education before it is implemented next year.

It is important to emphasise that applications may continue to be made for specific resource teacher allocations in respect of pupils with lower-incidence special educational needs.

School Enrolments.

Finian McGrath

Question:

545 Mr. F. McGrath asked the Minister for Education and Science the position regarding the review of schools in the Whitehall area of Dublin; and the implications for a school (details supplied) in relation to its request for a school. [29429/04]

Officials in the school planning section of my Department are actively conducting an overall review of primary education in the Whitehall area of Dublin. 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.

This review, which will be completed as quickly as possible, is taking the long term accommodation needs of the school referred to by the Deputy into consideration.

Special Educational Needs.

Olwyn Enright

Question:

546 Ms Enright asked the Minister for Education and Science the progress that has been made on the recommendation in the report of the task force on autism of October 2001 that formalised Department of Education and Science-university partnerships be established to develop appropriate programmes for persons with ASDs; if such a recommendation has been carried out; if so, the extent to which; if not completed, when it will be completed; and if she will make a statement on the matter. [29435/04]

Olwyn Enright

Question:

547 Ms Enright asked the Minister for Education and Science the progress that has been made on the recommendation in the report of the task force on autism of October 2001 that a visiting teacher service, similar to the visiting teacher service for children with impaired hearing and with a high level of very specialised training in the area of autistic spectrum disorders, be put in place for persons with ASDs; if such a recommendation has been carried out; if so, the extent to which; if not completed, when it will be completed; and if she will make a statement on the matter. [29436/04]

Olwyn Enright

Question:

549 Ms Enright asked the Minister for Education and Science the progress that has been made on the recommendation in the report of the task force on autism of October 2001 that schools providing for persons with ASDs implement the statementing procedure and detailed individual education plans which respond to the needs of the child and provide for the education in the least restrictive setting; if such a recommendation has been carried out; if so, the extent to which; if not completed, when it will be completed; and if she will make a statement on the matter. [29438/04]

Olwyn Enright

Question:

550 Ms Enright asked the Minister for Education and Science the progress that has been made on the recommendation in the report of the task force on autism of October 2001 that extreme caution be exercised when deciding who should be informed about the diagnosis of Asperger’s syndrome, and that the dignity and decision of each person regarding disclosure or non-disclosure of disability status among peers be respected; if such a recommendation has been carried out; if so, the extent to which; if not completed, when it will be completed; and if she will make a statement on the matter. [29439/04]

Olwyn Enright

Question:

551 Ms Enright asked the Minister for Education and Science the progress that has been made on the recommendation in the report of the task force on autism of October 2001 that the marginalised lifestyles and social isolation of those with ASDs be acknowledged through pro-active policies that promote social inclusion, positive mental health and community integration; that such strategies be prioritised and funded for late adolescents-adults with AS-HFA in the mainstream who are without a dedicated service provider and at risk of social isolation or depression though lack of social opportunities; if such a recommendation has been carried out; if so, the extent to which; if not completed, when it will be completed; and if she will make a statement on the matter. [29440/04]

Olwyn Enright

Question:

552 Ms Enright asked the Minister for Education and Science the progress that has been made on the recommendation in the report of the task force on autism of October 2001, that the Department of Education and Science introduce behaviour support teams in each region to support the education of children with ASDs and additional behavioural difficulties; if such a recommendation has been carried out; if so, the extent to which, if not completed, when it will be completed; and if she will make a statement on the matter. [29441/04]

Olwyn Enright

Question:

553 Ms Enright asked the Minister for Education and Science the progress that has been made on the recommendation in the report of the task force on autism of October 2001 that a range of suitable options be developed, so that students presenting with significant behavioural challenges will remain in a suitable educational programme, uninterrupted, while simultaneously supporting the staff who are charged with educating them; if such a recommendation has been carried out; if so, the extent to which, if not completed, when it will be completed; and if she will make a statement on the matter. [29442/04]

Olwyn Enright

Question:

554 Ms Enright asked the Minister for Education and Science the progress that has been made on the recommendation in the report of the task force on autism of October 2001 that all persons diagnosed with AS-HFA have access to age-appropriate social, communication and life skills training programmes across the range of educational settings; that where diagnosis is made during adolescence-adulthood, intervention programmes, that is, peer support groups-social understanding initiatives should be implemented immediately; if such a recommendation has been carried out; if so, the extent to which; if not completed, when it will be completed; and if she will make a statement on the matter. [29443/04]

Olwyn Enright

Question:

555 Ms Enright asked the Minister for Education and Science the progress that has been made on the recommendation in the report of the task force on autism of October 2001 that Garda and probation officers be aware of AS-HFA and respond to it sensitively; that it be a part of pre-service training at the Garda Síochána College, Templemore and part of in-service training in the probation department; if such a recommendation has been carried out; if so, the extent to which; if not completed, when it will be completed; and if she will make a statement on the matter. [29444/04]

Olwyn Enright

Question:

556 Ms Enright asked the Minister for Education and Science the progress which has been made on the recommendation in the report of the task force on autism of October 2001 that special pre-school classes offer validated approaches of teaching children with an ASD; if such a recommendation has been carried out; if so, the extent to which; if not completed, when it will be completed; and if she will make a statement on the matter. [29445/04]

Olwyn Enright

Question:

558 Ms Enright asked the Minister for Education and Science the progress that has been made on the recommendation in the report of the task force on autism of October 2001 that prescribed therapies and behaviour management support be made available, and delivered as agreed on the support plan of IEP, regardless of the location at which the child receives their education; if such a recommendation has been carried out; if so, the extent to which; if not completed, when it will be completed; and if she will make a statement on the matter. [29447/04]

Olwyn Enright

Question:

559 Ms Enright asked the Minister for Education and Science the progress that has been made on the recommendation in the report of the task force on autism of October 2001 that formal reviews be conducted at least at this age; if such a recommendation has been carried out; if so, the extent to which; if not completed, when it will be completed; and if she will make a statement on the matter. [29448/04]

Olwyn Enright

Question:

560 Ms Enright asked the Minister for Education and Science the progress that has been made on the recommendation in the report of the task force on autism of October 2001 that the NEPS be involved in collaboration with the relevant health board psychologist, in the placement and subsequent monitoring of children aged five years and under who have an ASD; if such a recommendation has been carried out; if so, the extent to which; if not completed, when it will be completed; and if she will make a statement on the matter. [29449/04]

Olwyn Enright

Question:

561 Ms Enright asked the Minister for Education and Science the progress that has been made on the recommendation in the report of the task force on autism of October 2001 that independent evaluation research on pre-school programmes funded by her Department and, if relevant, by the Department of Health and Children, be conducted to inform future planning and provision; if such a recommendation has been carried out; if so, the extent to which; if not completed, when it will be completed; and if she will make a statement on the matter. [29450/04]

Olwyn Enright

Question:

563 Ms Enright asked the Minister for Education and Science the progress that has been made on the recommendation in the report of the task force on autism of October 2001 that the function of special needs co-ordinator be assigned to a named teacher in each school; if such a recommendation has been carried out; if so, the extent to which; if not completed, when it will be completed; and if she will make a statement on the matter. [29452/04]

Olwyn Enright

Question:

564 Ms Enright asked the Minister for Education and Science the progress that has been made on the recommendation in the report of the task force on autism of October 2001 that provision for children with ASDs ensure appropriate opportunities for meaningful integration and inclusion with their similarly aged peers and be written into the school plan; if such a recommendation has been carried out; if so, the extent to which; if not completed, when it will be completed. [29453/04]

Olwyn Enright

Question:

567 Ms Enright asked the Minister for Education and Science the progress that has been made on the recommendation in the report of the task force on autism of October 2001 that a review of the progress and the individual education plan for each child with an ASD be carried out annually or at an appropriate request of a parent or teacher; if such a recommendation has been carried out; if so, the extent to which; if not completed, when it will be completed; and if she will make a statement on the matter. [29456/04]

Olwyn Enright

Question:

568 Ms Enright asked the Minister for Education and Science the progress that has been made on the recommendation in the report of the task force on autism of October 2001 that there be a full, independent, multi-disciplinary assessment to effect the smooth transfer of the children from the primary sector to the second level sector; if such a recommendation has been carried out; if so, the extent to which; if not completed, when it will be completed; and if she will make a statement on the matter. [29457/04]

Olwyn Enright

Question:

569 Ms Enright asked the Minister for Education and Science the progress that has been made on the recommendation in the report of the task force on autism of October 2001 that children with ASDs in primary schools have full access to the curriculum of their similarly aged and ability peers, with appropriate modification, as identified by the relevant statement of need and individual education plan; if such a recommendation has been carried out; if so, the extent to which; if not completed, when it will be completed. [29458/04]

Olwyn Enright

Question:

571 Ms Enright asked the Minister for Education and Science the progress that has been made on the recommendation in the report of the task force on autism of October 2001 that her Department inspectorate regulates and annually report on primary provision for children with ASDs; if such a recommendation has been carried out; if so, the extent to which; if not completed, when it will be completed. [29460/04]

Olwyn Enright

Question:

572 Ms Enright asked the Minister for Education and Science the progress that has been made on the recommendation in the report of the task force on autism of October 2001 that schools review, at least annually and in the context of the school plan, their provision for children with an ASD in all aspects of the education of their child; if such a recommendation has been carried out; if so, the extent to which; if not completed, when it will be completed; and if she will make a statement on the matter. [29461/04]

Olwyn Enright

Question:

573 Ms Enright asked the Minister for Education and Science the progress that has been made on the recommendations (details supplied) in the report of the task force on autism of October 2001 that research be carried out on methodologies and approaches, on the benefits of various clinical interventions, on the development of ASD-specific components of teacher and classroom assistant training, on curricular interventions, on inclusion in education for persons with ASDs, on strategies for successful mainstream education and that there be systematic evaluation of all pilot projects ; if such a recommendation has been carried out and the extent to which; if not completed, when it will be completed; and if she will make a statement on the matter. [29467/04]

Olwyn Enright

Question:

574 Ms Enright asked the Minister for Education and Science the progress that has been made on the recommendations (details supplied) in the report of the task force on autism of October 2001 that the Department of Education and Science make available a range of approaches and therapies to meet the unique needs of each students with an ASD, that such provision includes as appropriate, a choice/combination of home based, mainstream or specialist settings and the various core therapies of speech and language, occupational and behavioural therapy, and physiotherapy when specified; if such a recommendation has been carried out and the extent to which; if not completed, when it will be completed; and if she will make a statement on the matter. [29468/04]

Olwyn Enright

Question:

575 Ms Enright asked the Minister for Education and Science the progress that has been made on the recommendations (details supplied) in the report of the task force on autism of October 2001 that funding be made available for research into the effectiveness of various approaches and strategies used to support with ASDs including the specific curricular approaches to promote the academic potential and social and emotional progress of children with AS-HFS; if such a recommendation has been carried out and the extent to which; if not completed, when it will be completed. [29469/04]

Olwyn Enright

Question:

576 Ms Enright asked the Minister for Education and Science the progress that has been made on the recommendations (details supplied) in the report of the task force on autism of October 2001 that the Department of Education and Science issue a national ASD policy statement which will emphasise the primary of the principles of inclusion and the latest restrictive environment, and which will require schools to include a statement of provision and curriculum access and support for person with an ASD within the school plan; if such a recommendation has been carried out and the extent to which; if not completed, when it will be completed; and if she will make a statement on the matter. [29470/04]

I propose to take Questions Nos. 546, 547, 549 to 556, inclusive, 558 to 561, inclusive, 563, 564, 567 to 569, inclusive, and 571 to 576, inclusive, together.

The Deputy has tabled a number of questions in relation to individual recommendations in the report of the task force on autism. At the outset, I want to say that these recommendations provide an invaluable basis for the development of educational services and supports for persons with autism.

However, in responding to the recommendations, my Department has had to give priority to a number of key areas before detailed individual recommendations can be addressed. These key areas involve the implementation of the core legislative and structural measures required to underpin service development and delivery. This approach is critical to the implementation of many of the individual recommendations of the task force including those relating to assessment, parental involvement, service delivery, information dissemination, promotion of inclusion and co-ordination between health and education authorities.

With regard to legislation, the Education for Persons with Special Educational Needs Act 2004 has now been enacted while, on the structural front, the National Council for Special Education has been established on a statutory basis. While these developments represent significant progress, a considerable amount of additional input is required before these measures can begin to have a positive impact on services for children with special educational needs, including those with autism.

Over the course of the coming months, I expect that significant progress will be made in this regard. Specifically, consideration will be given to the detailed measures required to enable the Act to be commenced. In addition, it is intended that the NCSE will assume operational status in the new year and a range of measures are in hand to ensure that this objective is realised.

These measures include comprehensive supported training for the council's special educational needs organisers and the drawing up of detailed work protocols in relation to the various areas of work for which the council will assume responsibility.

This work will be carefully planned and executed over the coming months. It will address many of the recommendations of the task force. Other recommendations will be addressed over time in consultation with the council and other interested parties.

Question No. 547 answered with QuestionNo. 546.

Olwyn Enright

Question:

548 Ms Enright asked the Minister for Education and Science the progress that has been made on the recommendation in the report of the task force on autism of October 2001 that the Department of Education and Science instruct and resource the in-career development section of the Department to prioritise the training of all staff involved in the education of students with ASDs to ensure their understanding of how the particular ASD and any accompanying disorder affects the student’s learning style; if such a recommendation has been carried out; if so, the extent to which; if not completed, when it will be completed; and if she will make a statement on the matter. [29437/04]

At the outset, it is important to state that the existing full-time pre-service primary teacher training courses in the colleges of education contain appropriate elements to assist teachers in dealing with the full range of pupils, including those with special educational needs.

In addition, there are inputs to both the higher diploma in education and the education degree programmes in the University of Limerick, as part of a general alertness orientation programme, on the variety of pupils' learning difficulties which teachers may encounter in the classroom.

In recent years my Department has adopted a strategy designed to greatly expand the provision of continuing professional development for personnel working with pupils with special educational needs, including those with autism. This training provision aims to provide development and support at individual teacher level, and, crucially, at whole school staff level.

In particular, it is the policy of my Department to provide for a range of additional and continuing professional development programmes to further enhance the skills of teachers working with pupils with special educational needs, including those with autism. The additional training provision is specifically designed to address the complex range and variety of training needs in this area.

In this regard, in consultation with the colleges of education, a major expansion in the range of postgraduate training for teachers in this area has been authorised. My Department is currently providing support for 160 places on a postgraduate diploma programme in special educational needs; 12 places on an applied behavioural analysis programme; 20 places on a postgraduate programme in autism; 16 places on a masters programme; and 160 on the postgraduate programme in learning support.

In September 2003, the establishment of the special education support service, which currently provides a range of training and support for teachers at local level, was authorised. This service is developing training teams which will further support teachers working with children with special educational needs in primary and post-primary schools. The number of places made available at postgraduate level and the overall inservice requirement in this area are kept under ongoing review.

Questions Nos. 549 to 556, inclusive, answered with Question No. 546.

Olwyn Enright

Question:

557 Ms Enright asked the Minister for Education and Science the progress that has been made on the recommendation in the report of the task force on autism of October 2001 that her Department provide the staff necessary to conduct home and school programmes, including intensive behavioural intervention in the locations and to the extent indicated; and that this be conducted in approach specific (details supplied) schools or classrooms; if such a recommendation has been carried out; if so, the extent to which; if not completed, when it will be completed. [29446/04]

My Department is continuing to develop the network of special educational provision for children with autism. The extent of progress can be measured from the fact that, since 1998, when autism was first recognised as a distinct special educational need, the number of dedicated facilities that have been developed is as follows: eight pre-school classes for children with autism; 134 special classes for children with autism attached to special schools and mainstream schools; five special classes for children with Asperger's syndrome; and eight autism facilities, some of which are providing an applied behavioural analysis model of response to children with autism.

Another major landmark in the development of autism specific services was the joint launch last month by my predecessor and the Minister with responsibility for Education in Northern Ireland of the Middletown Centre for Autism. This marked the successful completion of the purchase of the former St. Joseph's Adolescent Centre, Middletown on behalf of the Department of Education in the North and the Department of Education and Science in the South. Both Departments plan to refurbish the property to meet the needs of a centre of excellence for children and young people with autism throughout the island of Ireland. The centre will be dedicated to improving and enriching the educational opportunities of children and young people with autistic spectrum disorders.

Four key services will be provided by the centre: a learning support service, on a residential basis; an educational assessment service; a training and advisory service, and an autism research and information service.

In addition, my Department may sanction home tuition grants for children with autism for whom a home-based ABA programme is considered appropriate or in cases where such children are awaiting an appropriate school placement.

I believe that the steps taken in recent years and those currently in hand represent significant progress in the development of services for children with autism. However, I fully recognise that further progress is required and my Department in consultation with parents and existing service providers will seek to ensure that the recent rate of development is maintained.

Questions Nos. 558 to 561, inclusive, answered with Question No. 546.
Question No. 562 answered with QuestionNo. 543.
Questions Nos. 563 and 564 answered with Question No. 546.
Question No. 565 answered with QuestionNo. 543.

Olwyn Enright

Question:

566 Ms Enright asked the Minister for Education and Science the progress that has been made on the recommendation in the report of the task force on autism of October 2001 that special needs assistants be adequately trained and remunerated; if such a recommendation has been carried out; if so, the extent to which; if not completed, when it will be completed; and if she will make a statement on the matter. [29455/04]

My Department has established a special education support service, headquartered in the Laois education centre, to manage, co-ordinate and develop a range of supports in response to identified training needs for personnel, including special needs assistants, SNAs, who work with children with special educational needs, including children with autism. SNA training is provided in accordance with the priorities and overall demands of the system. Particular needs, for example, those of children with autism, are taken into account in establishing the relevant priorities.

A general training course for SNAs has also been put in place by the teacher education section of my Department, in conjunction with three colleges of education and the network of education centres. Some 20 hours of training are provided for SNAs, through their local education centres. Linked with this training is the option for the SNAs, in consultation with the individual colleges, to continue the training to certification level. To date, a significant number of SNAs have participated in these initial courses and priority has been given to those who have not previously had training in this area of work.

Revised pay arrangements for regular part-time special need assistants employed in the 2004 to 2005 school year in primary schools were introduced recently. Part-time special needs assistants who are employed for a regular number of hours each week over the course of the full school year are now being paid at the appropriate revised hourly rate for each hour worked with effect from 1 September 2004. The details of the revised rates were issued in circular pay 21/04. Special needs assistants employed in infant classes for the full duration of the infant school day are now paid for 27 hours per week at the appropriate hourly rate subject to verification by the board of management of the school.

Circular pay SNA 18/04, outlining the terms of the brief absences available to special needs assistants, issued to boards of management of primary schools in August 2004. Superannuation arrangements were agreed for special needs assistants in April 2004 and the appropriate deductions are made from salary on an ongoing basis. It is proposed to introduce a payroll operated by my Department for the payment of special needs assistants employed in secondary and community or comprehensive schools in the near future.

Questions Nos. 567 to 569, inclusive, answered with Question No. 546.

Pupil-Teacher Ratio.

Olwyn Enright

Question:

570 Ms Enright asked the Minister for Education and Science the progress that has been made on the recommendation in the report of the task force on autism of October 2001 that pupil-teacher ratios should continue to remain small, as for early education, and responsive to individual needs; if such a recommendation has been carried out; if so, the extent to which; if not completed, when it will be completed; and if she will make a statement on the matter. [29459/04]

The pupil-teacher ratio for children with autism, at 6:1, is the most preferential pupil-teacher ration for pupils with special educational needs. I have no plans to alter that arrangement. In addition, two special needs assistants provide care support to a maximum of six pupils. Depending on the circumstances, a higher level of SNA support may be approved.

Questions Nos. 571 to 576, inclusive, answered with Question No. 546.

Special Educational Needs.

Olwyn Enright

Question:

577 Ms Enright asked the Minister for Education and Science the progress which has been made on the recommendation in the report of the task force on autism of October 2001 that her Department establish a committee, which will include parent representatives, to develop agreed guidelines and procedures for monitoring children’s progress; if such a recommendation has been carried out; if so, the extent to which; if not completed, when it will be completed; and if she will make a statement on the matter. [29471/04]

Olwyn Enright

Question:

578 Ms Enright asked the Minister for Education and Science the progress which has been made on the recommendation in the report of the task force on autism of October 2001 that schools enrolling students with ASDs ensure a whole school ethos conducive to appropriately supporting the needs of these students; if such a recommendation has been carried out; if so, the extent to which; if not completed, when it will be completed; and if she will make a statement on the matter. [29472/04]

Olwyn Enright

Question:

579 Ms Enright asked the Minister for Education and Science the progress which has been made on the recommendation in the report of the task force on autism of October 2001 that schools enrolling students with ASDs ensure that there is a written policy indicating the arrangements, including assessment and recording procedures, teaching approaches, support services, child safety provision and staffing and material resources to support successfully the needs of these students; if such a recommendation has been carried out; if so, the extent to which; if not completed, when it will be completed; and ifshe will make a statement on the matter. [29473/04]

Olwyn Enright

Question:

581 Ms Enright asked the Minister for Education and Science the progress which has been made on the recommendation in the report of the task force on autism of October 2001 that schools enrolling students with ASDs actively promote inclusion for these students and that research be initiated to review the success, if inclusive and special placements for students with ASDs; if such a recommendation has been carried out; if so, the extent to which; if not completed, when it will be completed. [29475/04]

Olwyn Enright

Question:

582 Ms Enright asked the Minister for Education and Science the progress which has been made on the recommendation in the report of the task force on autism of October 2001 that her Department, through the inspectorate, SNOs or otherwise, take responsibility for the identification, training arrangements and employment of teachers to support students with AS-HFA who are availing of the home tuition scheme; if such a recommendation has been carried out; if so, the extent to which; if not completed, when it will be completed. [29476/04]

Olwyn Enright

Question:

584 Ms Enright asked the Minister for Education and Science the progress which has been made on the recommendation in the report of the task force on autism of October 2001 that community integration and education and transport arrangements for adolescents with AS-HFA be age-appropriate and arranged with due respect to the right of each person to retain confidentiality regarding disability status among peers and that, if relevant and appropriate, grant support in lieu of special transport be provided in order to retain confidentiality; if such a recommendation has been carried out; if so, the extent to which; if not completed, when it will be completed. [29478/04]

Olwyn Enright

Question:

585 Ms Enright asked the Minister for Education and Science the progress which has been made on the recommendation in the report of the task force on autism of October 2001 that individual and group counselling be provided for adolescents with AS-HFA to assist persons to come to terms with the implications of the disorder and to address emotional, behavioural and educational issues which may arise; if such a recommendation has been carried out; if so, the extent to which; if not completed, when it will be completed. [29479/04]

Olwyn Enright

Question:

586 Ms Enright asked the Minister for Education and Science the progress that has been made on the recommendation in the report of the task force on autism of October 2001 that her Department and the Department of Health and Children should encourage, support and provide funding for young people with AS-HFA to join local gyms and health centres, particularly during holidays, in an effort to maintain or improve community integration and their physical and mental health through the provision of positive social opportunities; if such a recommendation has been carried out; if so, the extent to which; if not completed, when it will be completed; and if she will make a statement on the matter. [29480/04]

Olwyn Enright

Question:

587 Ms Enright asked the Minister for Education and Science the progress that has been made on the recommendation in the report of the task force on autism of October 2001 that her Department provide a national policy-code of practice document which would outline key areas of concern and general recommendations regarding the provision of support, protection and flexible education to meet the holistic needs of persons with AS-HFA in mainstream classes and schools, that this policy should be circulated to all schools and parents of this group; if such a recommendation has been carried out; if so, the extent to which; if not completed, when it will be completed; and if she will make a statement on the matter. [29481/04]

Olwyn Enright

Question:

588 Ms Enright asked the Minister for Education and Science the progress that has been made on the recommendation in the report of the task force on autism of October 2001 that the State put significant resources into the development and implementation of intensive early services programmes for children on the autistic spectrum; if such a recommendation has been carried out; if so, the extent to which; if not completed, when it will be completed; and if she will make a statement on the matter. [29482/04]

Olwyn Enright

Question:

589 Ms Enright asked the Minister for Education and Science the progress that has been made on the recommendation in the report of the task force on autism of October 2001 that her Department, in conjunction with the health boards and in consultation and agreement with parents, develop protocols for nationally agreed intervention models to be developed in each region; if such a recommendation has been carried out; if so, the extent to which; if not completed, when it will be completed; and if she will make a statement on the matter. [29483/04]

Olwyn Enright

Question:

590 Ms Enright asked the Minister for Education and Science the progress that has been made on the recommendation in the report of the task force on autism of October 2001 that educational — under her Department — and independent clinical — under her Department and health boards — assessment and intervention be offered from the point of diagnosis; if such a recommendation has been carried out; if so, the extent to which; if not completed, when it will be completed; and if she will make a statement on the matter. [29484/04]

Olwyn Enright

Question:

593 Ms Enright asked the Minister for Education and Science the progress that has been made on the recommendation in the report of the task force on autism of October 2001 that children be allowed dual enrolment, that is, in a mainstream setting as well as a special ASD class; if such a recommendation has been carried out; if so, the extent to which; if not completed, when it will be completed. [29487/04]

Olwyn Enright

Question:

594 Ms Enright asked the Minister for Education and Science the progress that has been made on the recommendations (details supplied) in the report of the task force on autism of October 2001 that statements of educational need, individual educational plans and child and family support plans be developed for the young child; if such a recommendation has been carried out; if so, the extent to which; if not completed, when it will be completed; and if she will make a statement on the matter. [29488/04]

Olwyn Enright

Question:

595 Ms Enright asked the Minister for Education and Science the progress that has been made on the recommendations (details supplied) in the report of the task force on autism of October 2001 that individual, ongoing and multi-professional assessment be offered to establish effective, sequentially ordered intervention programmes; if such a recommendation has been carried out; if so, the extent to which; if not completed, when it will be completed; and if she will make a statement on the matter. [29489/04]

Olwyn Enright

Question:

596 Ms Enright asked the Minister for Education and Science the progress that has been made on the recommendations (details supplied) in the report of the task force on autism of October 2001 that her Department inspectorate play an active, well defined role in promotion, monitoring and evaluation of ASD early services programmes; if such a recommendation has been carried out; if so, the extent to which; if not completed, when it will be completed; and if she will make a statement on the matter. [29490/04]

Olwyn Enright

Question:

597 Ms Enright asked the Minister for Education and Science the progress that has been made on the recommendations (details supplied) in the report of the task force on autism of October 2001 that her Department form partnerships in order to adequately resource and support a range of existing pre-schools and to provide integrated pre-school experiences for children from the point of diagnosis to five years of age, with ASD-specific supports funded by her Department and that a set of standards, guidelines and monitoring procedures be defined to accompany this development; if such a recommendation has been carried out; if so, the extent to which; if not completed, when it will be completed; and if she will make a statement on the matter. [29491/04]

Olwyn Enright

Question:

598 Ms Enright asked the Minister for Education and Science the progress that has been made on the recommendations (details supplied) in the report of the task force on autism of October 2001 that formal links between her Department, health boards and universities with education and psychology departments be established for the purposes of developing appropriate early education for children with ASDs; if such a recommendation has been carried out; if so, the extent to which; if not completed, when it will be completed; and if she will make a statement on the matter. [29492/04]

Olwyn Enright

Question:

601 Ms Enright asked the Minister for Education and Science the progress that has been made on the recommendations (details supplied) in the report of the task force on autism of October 2001 that the visiting teacher for ASDs scheme, suggested in this report, be available to children with an ASD in all pre-school settings; if such a recommendation has been carried out; if so, the extent to which; if not completed, when it will be completed; and if she will make a statement on the matter. [29495/04]

I propose to take Questions Nos. 577 to 579, inclusive, 581 and 582, 584 to 590, inclusive, 593 to 598, inclusive, and 601 together.

The Deputy has tabled a number of questions in relation to individual recommendations in the report of the task force on autism. These recommendations provide an invaluable basis for the development of educational services and supports for persons with autism. However, in responding to the recommendations, my Department has had to give priority to a number of key areas before detailed individual recommendations can be addressed. These key areas involve the implementation of the core legislative and structural measures required to underpin service development and delivery. This approach is critical to the implementation of many of the individual recommendations of the task force, including those relating to assessment, parental involvement, service delivery, information dissemination, promotion of inclusion and co-ordination between health and education authorities.

With regard to legislation, the Education for Persons with Special Educational Needs Act 2004 has now been enacted while, on the structural front, the National Council for Special Education, NCSE, has been established on a statutory basis. While these developments represent significant progress, a considerable amount of additional input is required before these measures can begin to have a positive impact on services for children with special educational needs, including those with autism.

Over the course of the coming months, I expect that significant progress will be made in this regard. Specifically, consideration will be given to the detailed measures required to enable the Act to be commenced. In addition, it is intended that the NCSE will assume operational status in the new year and a range of measures are in hands to ensure that this objective is realised. These measures include comprehensive supported training for the council's special educational needs organisers and the drawing up of detailed work protocols in relation to the various areas of work for which the council will assume responsibility.

This work is will be carefully planned and executed over the coming months. It will address many of the recommendations of the task force. Other recommendations will be addressed over time in consultation with the council and other interested parties.

Bullying in Schools.

Olwyn Enright

Question:

580 Ms Enright asked the Minister for Education and Science the progress which has been made on the recommendation in the report of the task force on autism of October 2001 that her Department identify and circulate a formal standard policy and guidelines on anti-bullying, that anti-bullying policies and proactive protection strategies be implemented and that bullying prevention and the way in which to respond to this issue form part of teacher education, particularly for students with AS-HFA; if such a recommendation has been carried out; if so, the extent to which; if not completed, when it will be completed. [29474/04]

Individual school management authorities are responsible for implementing effective policies to counter bullying in their schools. My Department has issued guidelines on countering bullying behaviour to all primary and post-primary schools to assist schools in devising school-based measures to prevent and deal with instances of bullying behaviour and to increase awareness of the problem among school management authorities, staff, pupils and parents.

Each school authority is responsible for formulating a written code of behaviour and discipline, which should include specific measures to counter bullying behaviour. A further circular in 1994 reminded school authorities of their responsibility in formulating a written code of behaviour and discipline, which should include specific measures to counter bullying behaviour.

The guidelines provide advice on the procedures for investigating allegations of bullying and for dealing with substantiated instances.

The education of students in both primary and post-primary schools in relation to anti-bullying behaviour is also a central part of the social, personal and health education curriculum.

Questions Nos. 581 and 582 answered with Question No. 577.
Question No. 583 answered with QuestionNo. 539.
Questions Nos. 584 to 590, inclusive, answered with Question No. 577.

Special Educational Needs.

Olwyn Enright

Question:

591 Ms Enright asked the Minister for Education and Science the progress that has been made on the recommendation in the report of the task force on autism of October 2001 that special classes specifically developed for children with an ASD aged five and under be established in mainstream and some special schools and that these be differentiated on the basis of need and level of functioning; if such a recommendation has been carried out; if so, the extent to which; if not completed, when it will be completed. [29485/04]

I wish to advise the Deputy that my Department has established eight pre-school classes for children with autism, four in Dublin and four in Cork. Additional pre-school classes for children with autism may be established, as appropriate.

In addition, my Department may sanction home tuition grants for children with autism who are of pre-school age and for whom a home educational programme is considered appropriate.

Olwyn Enright

Question:

592 Ms Enright asked the Minister for Education and Science the progress that has been made on the recommendation in the report of the task force on autism of October 2001 that pre-school children with an ASD be eligible for provision under the home tuition scheme; if such a recommendation has been carried out; if so, the extent to which; if not completed, when it will be completed; and if she will make a statement on the matter. [29486/04]

My Department currently sanctions home tuition for pre-school age children with autism, as appropriate. Any other interventions being provided for the children in question are taken into consideration when determining the appropriate level of home tuition provision.

Question No. 593 answered with Question No. 577.
Questions Nos. 594 to 598, inclusive, answered with Question No. 577.

Olwyn Enright

Question:

599 Ms Enright asked the Minister for Education and Science the progress that has been made on the recommendations (details supplied) in the report of the task force on autism of October 2001 that the NEPS be authorised to become involved with pre-school and early services programmes; if such a recommendation has been carried out; if so, the extent to which; if not completed, when it will be completed; and if she will make a statement on the matter. [29493/04]

The process of developing the National Educational Psychological Service, NEPS, dates back to a Government decision of February 1999. The decision included agreement to the establishment of NEPS, giving it delegated authority to develop and provide an educational psychological service to all students who need it in primary and post-primary schools and in other relevant centres supported by my Department. The decision also agreed that there should be an initial development period of five years.

NEPS has now reached the end of its development period, during which time there have been many changes in the educational system, some of which have implications for the work and mandate of NEPS. For example, a number of reports, including that of the task force on autism, have been produced that have possible implications for its role. The recent establishment of the National Council for Special Education also will affect the work of NEPS. For these reasons, an intensive process of strategic review, including consultations with relevant sections of my Department and other stakeholders, is under way in relation to NEPS at present. Issues such as the development of a psychological service for children and young people outside the mainstream school system will be considered as part of that process.

Question No. 600 answered with QuestionNo. 543.
Question No. 601 answered with QuestionNo. 577.

Overseas Missions.

Finian McGrath

Question:

602 Mr. F. McGrath asked the Minister for Defence if he has satisfied himself that Irish soldiers serving abroad under the United Nations are given the maximum support with regard to their safety; and if further missions are planned in 2005. [29183/04]

The safety of Irish personnel serving overseas is always of paramount concern to me. While no absolute guarantees can be given with regard to the safety of troops serving in missions, it is my policy and practice to ensure that Defence Forces personnel are appropriately trained and equipped to carry out their mission.

Defence Forces personnel serving on all overseas missions are equipped with the most modern and effective equipment. This equipment enables troops to carry out the mission assigned, as well as providing the required protection specific to the mission. In the case of Liberia, for example, a wide range of equipment and force protection assets has been deployed with the contingent. This equipment includes Mowag APCs, armoured vehicles and support weapons, heavy machine guns and a mortar platoon.

Due to the equipment modernisation programmes that have taken place in the Defence Forces over the past few years, UNMIL is the best equipped battalion ever to serve overseas. Ongoing threat assessments are carried out in mission areas and we continually review both personal equipment and force assets to ensure that Defence Forces personnel are appropriately equipped to fulfil their roles. Pre-deployment training is provided to members of the Permanent Defence Force and is updated in the light of increased threat.

I am satisfied that that all appropriate security measures are in place to ensure the safety of all Defence Forces personnel serving overseas.

Ireland receives requests from time to time to participate in various missions and these are considered on a case by case basis. Ireland is currently contributing approximately 745 Defence Forces personnel to 21 different missions throughout the world. Subject to final approval by the UN Security Council of an appropriate resolution and the approval of Dáil Éireann, the Government has decided to deploy a contingent of the Permanent Defence Force for service with EUFOR, the planned EU led mission/operation in Bosnia and Herzegovina. Once this planned deployment is completed, the total number of Defence Forces personnel then serving overseas will be 776, which is within Ireland's maximum sustainable commitment of 850 personnel under the United Nations stand-by arrangements system, UNSAS.

Looking to 2005, no other deployments are planned or envisaged at this time.

Emergency Planning.

Billy Timmins

Question:

603 Mr. Timmins asked the Minister for Defence the discussions he has had with military personnel with respect to the emergency planning section. [29188/04]

The Government task force on emergency planning, which I chair, was established in October 2001. The membership of the task force includes Ministers, senior officials of Government Departments, senior officers of the Defence Forces and the Garda Síochána, and officials of other key public authorities that have a lead or support role in Government emergency planning. The work of the task force continues and there have been 34 meetings to date. The most recent meeting was held on 28 October 2004 and I intend convening the next task force meeting later this month.

An interdepartmental working group on emergency planning supports the work of the task force and carries out studies and oversight of emergency planning structures and processes. This working group has met on 31 occasions and continues to meet on a regular basis. The interdepartmental working group, DWG, on emergency planning encompasses all Departments with lead roles in the various Government emergency plans and those key public authorities, including the Defence Forces, which plan to support such activities. This working group, under the guidance of the Government task force, continues to meet and is chaired by the office of emergency planning. It is a forum for developing strategic guidance to all those involved in emergency planning and for sharing information on emergency planning.

The office of emergency planning was established, following a Government decision in October 2001, as a joint civil and military staffed office within my Department. The office supports the work of the task force and continues to work with Government Departments and other public authorities to ensure the best possible use of resources and compatibility between different planning requirements. A key area of activity is oversight of emergency planning, to refine and develop the arrangements that exist, to continuously improve them through review and revision, and to generally provide the basis for an increased confidence in the emergency planning process.

The lead responsibility for specific emergency planning functions remains with the relevant Government Departments. Emergency plans are co-ordinated by the various lead Government Departments responsible at a national level and through the local authorities, including the Fire Service, the health boards and the Garda divisions at local and regional levels. International linkages have also been important as a means of sharing expertise and resources. The European Union continues to develop a programme to improve co-operation within the Union and candidate countries to prevent and limit any consequences of major emergencies.

The Defence Forces contribute significantly to the work of both the task force and the interdepartmental working group on emergency planning to ensure that their emergency planning and preparations are to the highest standards and are well co-ordinated with the lead Government Departments and the other key public authorities involved.

The objective of the Government is to ensure that all State bodies can react quickly and efficiently to any large scale emergency. As I indicated at a recent task force on emergency planning, my expectation is that all Government Departments and key public authorities will have the correct plans and response arrangements in place so that a large scale emergency in Ireland will be handled efficiently and effectively.

We must take advantage of the time that we have to refine arrangements to ensure co-ordination of all those responding so that, should we be unfortunate enough to experience a large scale emergency, we will be in a position to mount a credible response. As chairperson of the task force, my approach will be that such responses should be characterised by effective management of all aspects of emergency planning and by a high level of public confidence in all the response arrangements.

I will continue to report regularly to Government on emergency planning, on a confidential basis, and I am pleased to report to this House that there continues to be excellent co-operation between my Department and all other Departments and public authorities in these vital areas of work.

Defence Forces Recruitment.

David Stanton

Question:

604 Mr. Stanton asked the Minister for Defence the policy regarding the enlisting of persons in the Permanent Defence Force or the Reserve or persons who have had criminal offences and who have either served their time or paid fines imposed by a court; and if he will make a statement on the matter. [28641/04]

The policy regarding the enlistment in the Defence Forces of persons who have had criminal offences and who have either served their time or paid fines imposed by a court, is governed by Defence Forces regulations.

In this regard, Defence Forces regulations stipulate that the following persons will not be enlisted in the Permanent Defence Force: a person who has been convicted of a serious offence by a civil court; a person who has been convicted by a special criminal court of a scheduled offence under the Offences Against the State Act 1939, unless: (i) a period of seven years has elapsed since the date of the conviction, or (ii) a free pardon has been granted in respect of such conviction, or (iii) the disqualification incurred as a result of such conviction, from holding office or employment remunerated out of public funds has been remitted by the Government under subsection (5) of section 34 of the said Act.

Defence Forces regulations also stipulate that a person who has been convicted of a serious offence by the Special Criminal Court or by a civil court shall be ineligible for enlistment in the Reserve Defence Force.

Ministerial Travel.

Billy Timmins

Question:

605 Mr. Timmins asked the Minister for Defence if his attention has been drawn to a newspaper article (details supplied); and if he will make a statement on the matter. [29038/04]

The newspaper article referred to by the Deputy suggests that the Government is considering the sale of the Lear jet which was acquired for the ministerial air transport service. There is no truth whatsoever in this suggestion. The Lear jet proved to be an essential asset in meeting the needs of Ministers who attended numerous meetings during our EU Presidency and will continue to be required in the future. The aircraft provides an excellent service for short and medium haul flights and has proven extremely reliable since it entered service in January this year.

During the course of the EU Presidency the aircraft performed 78 missions, mainly to various European locations, and had 100% dispatch reliability over the period. The Lear jet is an efficient and effective replacement for the Beechcraft KingAir and a welcome addition to the MATS service.

Defence Forces Property.

Jack Wall

Question:

606 Mr. Wall asked the Minister for Defence when he will address problems contained in correspondence (details supplied); and if he will make a statement on the matter. [29039/04]

My Department wrote to Kildare County Council on 2 June 2004 seeking to have the roadway in question upgraded and taken in charge by the council and its substantive response is currently awaited. My Department is contacting the council again in order to expedite the matter.

Ministerial Appointments.

Bernard J. Durkan

Question:

607 Mr. Durkan asked the Minister for Defence if any new advisers or consultants have been appointed by him since the Government reshuffle of September 2004; if such appointments are replacements for or are in addition to previous appointments; the salary and terms of employment in each case; and if he will make a statement on the matter. [29129/04]

The appointments that I have made since my appointment as Minister for Defence following the Government reshuffle are outlined in the table below:

Appointment

Salary

Terms of Employment

Special Adviser

€70,578 per annum

Contract

Press Adviser

€53,977 per annum

Contract

The special adviser appointment is a replacement appointment and the press adviser is an additional appointment.

Question No. 608 answered with QuestionNo. 66.

Overseas Missions.

Bernard J. Durkan

Question:

609 Mr. Durkan asked the Minister for Defence the discussions that have taken place either at EU or UN level with reference to potential overseas deployments of Irish troops on peacekeeping, peace-enforcement or similar missions; and if he will make a statement on the matter. [29267/04]

Bernard J. Durkan

Question:

611 Mr. Durkan asked the Minister for Defence the extent of the discussions he has had with EU or UN authorities regarding Ireland’s future participation in troop deployments; and if he will make a statement on the matter. [29269/04]

I propose to answer Questions Nos. 609 and 611 together.

I refer the Deputy to my earlier replies today on EU rapid response elements and possible additional overseas peace support deployments. I have not had any discussions at EU or UN level regarding further deployment. I should stress that Ireland's participation in overseas peace support operations is considered on a case by case basis, having regard to existing commitments, and is subject to the usual requirements of Government decision, Dáil approval and UN authorisation.

Defence Forces Equipment.

Bernard J. Durkan

Question:

610 Mr. Durkan asked the Minister for Defence the extent to which the Defence Forces are equipped to meet likely eventualities in the event of terrorist attack; and if he will make a statement on the matter. [29268/04]

Bernard J. Durkan

Question:

612 Mr. Durkan asked the Minister for Defence if he has satisfied himself regarding the adequacy of the necessary equipment for the Defence Forces in the event of a gas or similar attack; and if he will make a statement on the matter. [29270/04]

I propose to take Questions Nos. 610 and 612 together.

The Garda Síochána has primary responsibility for law and order, including the protection of the internal security of the State. The Garda continuously monitor the potential threats to the State arising from international terrorism in co-operation with the Defence Forces. The advice available to me at this time is that, while the Garda authorities recognise that the terrorist threat to Europe may currently be high, it is low with regard to Ireland. Notwithstanding this, it is important that all prudent precautions are taken and that matters are kept under continuous review.

The Defence Forces make contingency plans for a range of scenarios where the security of the State may be at risk. In addition, the Defence Forces have contingency plans in place regarding the provision of aid to the civil power, meaning in practice to assist, when requested, the Garda Síochána, and the provision of assistance to the civil authorities for a range of emergency situations.

The capacity of the Defence Forces to deal with major emergencies is kept under constant review. Plans and procedures are updated as necessary and such additional equipment as is required to address any perceived deficiencies is acquired on the basis of identified priorities. Training and preparation for such events is also provided for in the Defence Forces annual training plan.

The Defence Forces have available to them equipment for monitoring and protecting its members in dealing with nuclear, biological or chemical, NBC, threats identified from time to time. The requirement for additional NBC equipment is kept under continuous review by the director of operations and the director of ordnance. A programme for the purchase of NBC equipment is ongoing and whatever equipment deemed necessary is purchased expeditiously to meet the changing requirements.

The most important defence against any attack is of course external vigilance, detection and prevention by the security forces. All the necessary resources of the Garda Síochána and the Defence Forces are deployed to this end.

Question No. 611 answered with QuestionNo. 609.
Question No. 612 answered with QuestionNo. 610.
Question No. 613 answered with QuestionNo. 75.
Question No. 614 answered with QuestionNo. 58.

Bernard J. Durkan

Question:

615 Mr. Durkan asked the Minister for Defence if he has satisfied himself that all military equipment including motor vehicles, aircraft and seagoing vessels are sufficiently modern to meet current and future requirements and in line with international norms; and if he will make a statement on the matter. [29274/04]

The acquisition of new equipment and facilities for the Defence Forces has been a key focus in recent years. Significant investment has taken place and I am satisfied that the Army, Air Corps and Naval Service are now well equipped with modern equipment for their day to day roles at home and overseas.

However, while much has been done and a great deal has been achieved with regard to both equipment and infrastructure, I am aware that more needs to be done. While expenditure programmes will now have to be more prioritised due to the changed financial situation I will ensure that a substantial re-equipment programme will be maintained to further enhance the efficiency and effectiveness of the Army, Air Corps and Naval Service.

Question No. 616 answered with QuestionNo. 72.

Election Management System.

Joe Costello

Question:

617 Mr. Costello asked the Minister for the Environment, Heritage and Local Government when he proposes to provide for prisoners to exercise the right to vote; and if he will make a statement on the matter. [28702/04]

The issue of voting by prisoners is under review in my Department, in conjunction with the Department of Justice, Equality and Law Reform and the Office of the Attorney General.

International Agreements.

Marian Harkin

Question:

618 Ms Harkin asked the Minister for the Environment, Heritage and Local Government if Ireland has ratified the Aarhus Convention; and if not, when the Government intends to do so. [29077/04]

Ciarán Cuffe

Question:

619 Mr. Cuffe asked the Minister for the Environment, Heritage and Local Government the reason the international Aarhus Convention Agreement signed on 25 June 1998 has not yet been laid before Dáil Éireann as apparently required under Article 29.5.1 of the Constitution. [29588/04]

Pat Carey

Question:

625 Mr. Carey asked the Minister for the Environment, Heritage and Local Government the reason the international Aarhus Convention Agreement, signed on 25 June 1998, has not yet been laid before Dáil Éireann, as required under Article 29.5.1 of the Constitution; and if he will make a statement on the matter. [28692/04]

I propose to take Questions Nos. 618, 619 and 625 together.

Ireland signed the Aarhus Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters on 25 June 1998. Ireland's progress towards ratification of the convention is closely aligned with work at EU level. To date, the European Union has adopted two directives as part of its ratification process for the convention. These deal with Public Access to Environmental Information (2003/4/EC) and Public Participation in Certain Environmental Decision-Making Procedures (2003/35/EC). Work is continuing in my Department on the transposition into Irish law of these two directives. Transposition will be required by February 2005 in the case of Directive 2003/4/EC and by June 2005 in the case of Directive 2003/35/EC.

With regard to the access to justice pillar of the convention, recent developments suggest that it is now less clear as to when and if work undertaken at EU level in drafting a directive to give effect to this pillar will be completed. Any such directive would, in due course, be transposed into national law but my Department is exploring other options to enable the convention to be ratified in the event that no directive on the access to justice pillar will be agreed. When the above work is completed, the instrument of ratification will be submitted to Government and laid before the Oireachtas in accordance with the requirements of the Constitution.

Traveller Accommodation.

Seán Ryan

Question:

620 Mr. S. Ryan asked the Minister for the Environment, Heritage and Local Government if approval will be given to the application from Fingal County Council for a Traveller group housing scheme at Lissenhall, Swords, County Dublin and sanction for the necessary finance to complete the scheme as a matter of urgency. [28633/04]

Approval to commence construction of this scheme issued to Fingal County Council on 12 November 2004.

Water and Sewerage Schemes.

Michael Ring

Question:

621 Mr. Ring asked the Minister for the Environment, Heritage and Local Government the position regarding a water scheme (details supplied) in County Mayo; when funding was sought for this scheme; the estimated costs of the scheme; and when it will be operational. [28651/04]

The Kilmaine and Shrule water supply scheme, which will be served by an extension of the Tuam regional water supply scheme, is included in my Department's water services investment programme 2004-06 as a scheme to start construction in 2005 at an estimated cost of €5.3 million. Contract documents submitted by Mayo County Council for the scheme are under examination in the Department and will be dealt with as quickly as possible.

Slaughter of Seals.

Richard Bruton

Question:

622 Mr. R. Bruton asked the Minister for the Environment, Heritage and Local Government if he will report on the slaughtering of seals in Kerry and on the follow-up investigation which is under way; and if he will make a statement on the need for a rescue service for seals at risk. [28661/04]

In response to reports of an unlawful killing of seals, gardaí, accompanied by officials from the National Parks and Wildlife Service, NPWS, of my Department and from the Department of Communications, Marine and Natural Resources, as well as by a veterinary expert, visited Beginish, one of the Blasket Islands, on 5 November 2004. On the island they found 51 dead grey seals — eight adults and 43 pups.

While it was clear that some of the animals had been shot, it was not at that stage possible to establish the cause of death of a number of them. Accordingly, it was decided to remove three carcases for full post-mortem. The post-mortems revealed that one had died from shooting, one had been bludgeoned to death and the third had been hit with force through the eyes with a sharp metal object. A further visit was made to the island on 8 November by members of the Garda Síochana, accompanied by NPWS officials, to continue the investigation, and one further carcase was removed for examination.

I welcome the fact that a full-scale investigation of this incident is being rigorously pursued by the Garda, working closely with NPWS. As the investigation is still progressing it would not be appropriate to furnish further details at this time. Separately, all NPWS regional staff working in coastal areas have been instructed to be on special alert over the course of the current seal breeding season.

The priority, in light of this appalling incident, is to harness full public and community support for the requirements of the law on animal welfare and wildlife protection; and to leave no doubt that offences will be vigorously prosecuted. This approach aims to ensure the safety of wild seals in their natural breeding habitats, without recourse to ongoing special security interventions which would be logistically difficult to sustain and problematic in nature conservation terms.

Election Management System.

Jim O'Keeffe

Question:

623 Mr. J. O’Keeffe asked the Minister for the Environment, Heritage and Local Government the universities and other institutes of higher education, to the graduates of which voting rights to Seanad Éireann are denied; and if he has proposals to extend the franchise as provided for in Article 18 (4)(2) of the Constitution. [28667/04]

Section 7 of the Seanad Electoral (University Members) Act 1937 provides that every citizen of Ireland who has received a degree, other than an honorary degree, from the National University of Ireland or from the University of Dublin is entitled to be registered as an elector for the National University of Ireland or Dublin University constituency, respectively.

The report on Seanad reform by the sub-committee of the Seanad Committee on Procedure and Privileges was published earlier this year. It sets out a comprehensive package of recommendations for further consideration and action concerning the composition, functions and future role of the Seanad. These include proposals to widen the electorate for the higher education constituency.

The Taoiseach has asked me to chair an informal all-party parliamentary group to establish the extent of cross-party agreement on the report's recommendations and to advance, with consensus, proposals for the implementation of Seanad reform. I will be approaching party leaders in relation to this very shortly.

Archaeological Sites.

Jim O'Keeffe

Question:

624 Mr. J. O’Keeffe asked the Minister for the Environment, Heritage and Local Government the main activities of the Dúchas underwater archaeology unit in 2004; if it publishes an annual report; the details of the main equipment available to the unit; and the details of salaries and the amounts expended to date for travel and subsistence by those involved in the unit. [28681/04]

The underwater archaeology unit is part of the heritage and planning division of my Department. Its main duties in 2004 involve: advising on applications to dive on wrecks; assessing development-related impacts on underwater archaeological sites; undertaking archaeological surveys of wreck sites in order to assess their nature and condition and to devise appropriate management strategies for them; examining threats to underwater sites when reported; and compiling and publishing an inventory of shipwrecks around our coast.

The activities of the underwater archaeology unit are outlined in my Department's annual report. The main equipment available to the unit may be described as follows: (1) scuba dive equipment with lifelines and through water communications system, dry suits, regulators and stab jackets; (2) full surface supplied equipment with diver panels, back-up air bank, hard wire communications system and compressors; (3) two boats — RIB and Pioneer Multi — and an inflatable — Yamaha — with attendant engines, flares and GPS navigational system; and (4) miscellaneous safety equipment — oxygen kit, life jackets and surface marker buoys.

The underwater archaeology unit has a staff of three archaeologists who are proficient in diving, one at senior archaeologist level — pay scale €49,497 to €61,504, and two at archaeologist level — pay scale €26,944 to €52,881. To date, the unit has expended €12,415 on travel and subsistence for 2004.

Question No. 625 answered with QuestionNo. 618.

Water and Sewerage Schemes.

Enda Kenny

Question:

626 Mr. Kenny asked the Minister for the Environment, Heritage and Local Government the situation regarding commencement of the Castlebar environs sewerage scheme, County Mayo; the extent and cost of the contract involved; the timescale for completion; when it is expected that work will commence; and if he will make a statement on the matter. [28744/04]

Enda Kenny

Question:

627 Mr. Kenny asked the Minister for the Environment, Heritage and Local Government the reason the village of Breaffy, Castlebar was excluded from the Castlebar environs sewerage scheme; if his attention has been drawn to the fact that there are now 1,000 houses in this parish, many of which have no connection to a mains system; his proposals to deal with this; and if he will make a statement on the matter. [28885/04]

Enda Kenny

Question:

634 Mr. Kenny asked the Minister for the Environment, Heritage and Local Government the position regarding approval for the Castlebar environs sewerage scheme, stage two, as submitted by Mayo County Council; the estimated cost of the scheme; the capacity of the proposed scheme; the date upon which this proposal was received in his Department; when he expects approval to be forthcoming for the scheme; if any moneys will be made available in 2005 for its provision; and if he will make a statement on the matter. [28964/04]

I propose to take Questions Nos. 626, 627 and 634 together.

The Castlebar environs sewerage scheme has been approved for construction in my Department's water services investment programme 2004-06 at an estimated cost of €58.5 million and work has already started on a number of advance sections. My Department approved the tender documents for the treatment plant in June 2004 and the council is currently short-listing contractors to tender for this element of the scheme. The council's contract documents for the pumping system and tender recommendation in respect of the collection system are currently under examination in my Department and will be dealt with as quickly as possible.

I understand that Mayo County Council intends to review the options for serving Breaffy in the context of a future proposal for a second phase of the scheme that is still at a preliminary stage. This second phase is listed as a post 2007 requirement in the list of water services schemes submitted by the council in response to my Department's request to local authorities in 2003 to produce updated assessments of the needs for capital works in their areas and to prioritise their proposals on the basis of the assessments. The assessments were taken into account in the framing of the water services investment programme 2004-06 published in May 2004. In light of the timescale envisaged for the second phase of the scheme by the council, it would not be possible to consider it for inclusion in the programme at this time. However, it will again be considered when the programme is next being rolled forward in accordance with the council's prevailing priorities at that time.

Departmental Appointments.

Bernard Allen

Question:

628 Mr. Allen asked the Minister for the Environment, Heritage and Local Government the consultancy companies hired by him since June 2002 and the year engaged, the fees paid and a description of the consultancy; the amount paid to the consultancy companies as well as the list of non-public service staff hired by him since June 2002; and the salary cost for the staff from June 2002. [28887/04]

The information requested in relation to payments to consultancy companies and non-public service staff employed by my Department is set out in the table below:

Consultancy

Consultant

Fee Paid

Years of Payment

Year Engaged

Participation of J. Fitzgerald, ESRI in UN Review of Climate Change

Economic & Social Research Institute

9,525.02

2002

2002

Emissions Trading Study

I.C.S. Byrne O’Cleirigh

41,673.81

2003

2003

Transposition of EU Legislation

Eugene Regan (Barrister at law)

19,360.00

2004

2003

PWC Consultancy on Motor Tax Offices Customer Satisfaction

PricewaterhouseCoopers

14,049.95

2003

2002

PWC Consultancy on Motor Tax Offices Customer Satisfaction

PricewaterhouseCoopers

14,701.50

2002

2002

Review/Revision of Part (Fire Safety) of Building Regulations

British Research Establishment (BRE)

14,774.10

2002

2002

Review/Revision of Part B (Fire Safety) of Building Regulations

BRE

16,544.57

2003

2002

Review/Revision of Part B (Fire Safety) of Building Regulations

Fergal Sweeney

98.25

2003

2002

Preparation of Revised Diagrams for Technical Guidance Document L

McHugh O’Cofaigh

6,110.50

2002

2002

Preparation of Diagram for Attic Conversion (Fire Safety) Leaflet

McHugh O’Cofaigh

1,452.00

2004

2004

“Great Place to Work” Benchmarking Report

Discovery

4,050.00

2003

2003

Facilitation at Senior Managers’ Conference

Hay Group

10,648.00

2003

2003

Quality Customer Care Training

Jefferson Computer Ltd

1,391.50

2002

2002

Analysis of Customer Care Training Workshop

Jefferson Computer Ltd

2,504.70

2003

2002

Guest Speaker at the Senior Managers’ Conference

The Change Alliance

5,364.84

2003

2003

The Drawing Up of Safety Statements and Safety Audits for the Departments Offices

QTS Limited

6,873.00

2004

2003

Design of Library Leaflets

Carton Levert

2,081.57

2002

2002

Assist with Specification and Selection of Financial Software

Deloitte & Touche Management Consultants

32,263.00

2002

2002

Assist with the Implementation of Financal Management System

Oracle

662,112.00

2003

2003

Implementation of the New Financial Management System under the Management Information Framework (MIF)

Oracle

204,078.53

2004

2003

Environmental Awareness Campaign Race Against Waste

Mc Cann Erickson

1,584,232.68

2003

2003

Environmental Awareness Campaign Race Against Waste

Lyle Bailie International (formerly known as McCann Erickson)

1,915,765.32

2004

2003

National Litter Pollution Monitoring System

Tes Consulting Engineers

91,021.38

2003

2003

National Litter Pollution Monitoring System

Tes Consulting Engineers

120,348.10

2004

2003

Strategic Review of Fire Safety and Fire Services in Ireland (Facilitation With Stakeholders)

Mr J.J. O Dwyer

5,445.00

2002

2002

Strategic Review of Fire Safety etc. (Facilitation with Stake Holders)

Mr J.J. O Dwyer

4,605.03

2003

2002

Artwork for Production of Registration Forms

Acrobat

2,020.00

2002

2002

Printing and Mailing of Leaflet Explaining Electronic Voting to Electors for Referendum on Treaty of Nice

Bark

65,804.83

2002

2002

Advertising Campaign to Publicise The Supplementary Register used for Referendum on the Treaty of Nice

Brindley Advertising Ltd.

16,969.23

2002

2002

Publicity Campaign Draft Register of Electors 2003-2004

Brindley Advertising Ltd.

99,999.57

2002

2002

Production of Advertisements Regarding the Register of Electors

Brindley Advertising Ltd.

38,017.48

2004

2004

Publicity Work on Promotion of Electronic Voting Including Roadshow for Nice II Referendum

Carr Communications Ltd

23,936.07

2002

2002

Publicity Campaign Draft Register of Electors 2004-2005

Cawley Nea Ltd.

159,607.47

2003

2003

Validation of IES Irish STV Count Software

Electoral Reform Services

64,840.22

2004

2004

Validation of Revised STV Count Rules Software

Electoral Reform Services

33,532.72

2003

2003

Examination and Assessment of Electronic Voting & Counting Project

Local Government Computer Services Board

46,750.00

2004

2002

Further Review of Ie and Review of Source Code for Count Software for Nice II Referendum

Nathean Technologies Ltd.

17,745.86

2002

2002

Review and Architectural Assessment of Voting Machine Software for Use At 2004 Elections

Nathean Technologies Ltd.

52,390.58

2003

2002

Code Review of IES Election Software

Nathean Technologies Ltd.

132,025.52

2004

2004

Provision of Data base Used in Distribution of Information Leaflets to Electorate Using Electronic Voting at General Election and Nice Referendum

Precision Marketing Information Software Ltd.

27,563.80

2002

2002

Report of Hardware and Software Testing of Modified Voting Machine

PTB

21,735.75

2003

2003

Artwork for Production of Registration Forms

The Design Consultancy

1,256.59

2003

2003

Artwork for Production of Registration Forms

The Design Consultancy

983.13

2004

2003

Testing of Voting Machine

TNO

28,281.50

2003

2003

Report on the Present State and Future Protection of Thatched Structures in Ireland

Consarc Design Group Ltd.

12,491.04

2004

2003

Examination of The Issue of Trust-Type or other Organisations to Manage Heritage Properties (Built and Natural) In Ireland

Indecon International Economic Consultants

30,181.83

2004

2004

Feasibility Study on Applied Construction Innovation Centre

Fitzpatrick & Associates

5,157.21

2003

2002

Feasibility Study on Applied Construction Innovation Centre

Fitzpatrick Associates

6,900.00

2002

2002

Security for Online Motor Tax Project

Kerna Communications Ltd.

11,616.00

2002

2002

Assessment of Emerging Demands on Local Authorities

Mazar Consultants

8,470.00

2003

2003

Assessment of Emerging Demands on Local Authorities

Mazar Consultants

8,470.00

2004

2004

Review of Loval Government Finance

Indecon International Economic Consultants/Institute of Local Government Studies

87,329.33

2004

2004

Review of City & County Development Boards Strategy

Fitzpatrick Associates

67,822.08

2002

2002

Preliminary Research as to International Systems Governing Lobbyists

Institute of Public Administration

1,996.50

2003

2003

Review / Evaluation of the Pilot Social Inclusion Unit Programme

Fitzpatrick Associates

17,726.50

2004

2004

Review/Evaluation of The Pilot Community Warden Service

Fitzpatrick Associates

16,173.66

2004

2004

Legal Advice on Contract Procedure

A & L Goodbody

7,887.99

2002

2002

Legal Advice on Contract Procedure

A & L Goodbody

19,824.06

2003

2003

Legal Advice on Contract Procedure

A & L Goodbody

4,700.00

2004

2002

Testing/Evaluating Postprocessing Techniques for the Improvement of Hirlam Forecasts of Nearsurface Weather Parameters: Setting up an Operational System for the Display of Postprocessed Data on the Research and Applications Division Website

Angela Cummins

9,405.00

2003

2003

Database and Visualisation System

Christian Seidemann

1,140.00

2002

2002

Development of a Prototype Application for the Production of Weather Forecast Data in Copyready Format for the Print Media

David Lloyd

7,353.00

2003

2003

Examination of Interim Accounts System with a View to Certifying that System is Fair and Transparent in Relation to the Computation of Charges to Aviation

Deloitte & Touche

29,764.00

2003

2003

Development of New Applications to Enable more Efficient Provision of Existing Climatological Services and the Provision of New Products and Services. Production of Appropriate user Documentation.

Gillian McCarthy

3,764.00

2002

2002

Climatology Consultancy

John Doyle

10,944.00

2002

2002

Climatology Consultancy

John Doyle

24,240.00

2003

2003

Climatology Consultancy

John Doyle

21,548.00

2004

2002

Enhancement of Existing PC Network by Deployment of New Pcs; to Include Review and Assessment of Desktop Strategy and Production of a Report

Lindsey Hogan

6,897.00

2003

2003

Development of a Prototype System for Real Time Display of Weather Information.

Patrick Cooney

3,333.00

2002

2002

Attitudinal Survey (PMDS)

Precept Consulting

10,164.00

2002

2002

Agrometeorological Advice

Tom Keane

500.00

2002

2002

Work to Attain ISO 9000 Quality Standard for Aviation Division (Met Eireann)

Irish Quality Centre

22,990.00

2004

2003

Analysis of & Advice on Archaeological Excavation Reports

Caroline Rock

16,562.00

2004

2004

Advice on Piled Foundations in Relation to Archaeology

Horgan Lynch Consulting Engineers

3,630.00

2004

2004

Report on Footpath on Torc Mountain

Chris Barron

3,800.00

2002

2002

Professional Engineering Consultancy for Upgrade of Green Road, Glendalough

Gerard Higgins

5,905.89

2003

2003

Eia Study on Diamond Hill, Connemara National Park

Environmental Resource Management Ltd.

51,460.57

2003

2003

Consulting Engineering Services on Pathworks at Torc Mountain, Killarney National Park

Hickey Moynihan

22,972.57

2003

2003

Consulting Engineering Services on Building Works at Muckross Farm Yard

Malachy Walsh

25,859.81

2003

2003

Production of Business and Marketing Plan for Doneraile Court, Doneraile, Co. Cork.

May Day Marketing

8,203.80

2003

2003

Production of Business and Marketing Plan for Proposed Visitor / Study Centre at Clara, Co. Offaly

May Day Marketing

13,915.00

2003

2003

Woodland Management Consultancy Services at St. Saviour's Wood, Wicklow Mountains National Park

Michael Doyle

7,500.00

2003

2003

Guidelines for Departmental & Local Biodiversity Action Plans

Sarah Ferris

6,300.00

2002

2002

Consulting Engineering Services on Pathworks at Diamond Hill, Connemara National Park, Co Galway

P. J. Tobin & Co. Ltd

57,592.18

2004

2004

Legal Actions being taken by Ireland against the Sellafield Mox Plant

BSH _ Scientific Consultancy

1,572.62

2002

2002

Legal Actions being taken by Ireland against the Sellafield Mox Plant

Canadian Nuclear Research Centre

12,292.70

2002

2002

Legal Actions being taken by Ireland against the Sellafield Mox Plant

Canadian Nuclear Safety Commission Dr. Patsy Thompson

1,912.51

2003

2002

Legal Actions being taken by Ireland against the Sellafield Mox Plant

IC Consultants

10,744.77

2002

2002

Legal Actions being taken by Ireland against the Sellafield Mox Plant

Mr Timothy Walsh

14,205.75

2002

2002

Legal Actions being taken by Ireland against the Sellafield Mox Plant

Sage Safety

16,994.21

2003

2002

Communication Consultancy

Monica Leech Communications

47,197.95

2002

2002

Communication Consultancy

Monica Leech Communications

135,036.00

2003

2003

Communication Consultancy

Monica Leech Communications

120,968.35

2004

2003

Draft Landscape Wind Farm Guidelines

Mos Art

14,520.00

2003

2003

Professional Fees for Legal Services

O’Donnell Sweeney Solicitors

25,410.00

2003

2003

Consultation, ICT Maintenance and Technical Support for PRTB

I.T. Force

4,101.90

2003

2003

Provision of Training for Mediators for PRTB

Institute of Public Administration

37,312.31

2002

2002

Provision of Training for Mediators for PRTB

Institute of Public Administration

14,502.49

2003

2002

Provision of Registration and Case Tracking System (Racts) for PRTB

System Dynamics

46,369.01

2003

2003

Provision of Drafting and Design of PRTB Leaflets

Threshold

5,300.00

2003

2003

Training for PRTB Adjudicators

Institute of Public Administration

62,737.64

2004

2004

Consultation, Inc Maintenance and Technical Support for PRTB

I.T. Force

4,458.85

2004

2004

Provision of Registration and Case Tracking System (Racts) for PRTB

System Dynamics/Formally Connect Global Solutions

42,236.01

2004

2004

Pavement Condition Study of the Non-national Road Network and Review of Pavement Management Systems

Rps/Mcos Ltd

183,545.00

2003

2003

Pavement Condition Study of the Non-national Road Network and Review of Pavement Management Systems

Rps/Mcos Ltd

275,316.00

2004

2004

Editing/ Redrafting Work on National Spatial Strategy

Institute of Public Administration

1,830.57

2002

2002

Additional Work on NSS

Jonathan Blackwell & Associates

1,452.00

2004

2003

Production & Amendments to Rural Mapping

White Young Green

871.20

2004

2004

Consultancy In Respect of the avail ability of Land for Housing

Goodbody Economic Consultants

38,236.00

2003

2003

Consultancy: National Vehicle and Driver File — INGRES RDBMS Upgrade

Computer Associates Plc

2,299.00

2002

2002

Assessment of Dust Nuisance Caused at Naval Base from Former Irish ISPAT Plant At Haulbowline. Required in Relation to Legal actions being taken against the Company in Liquidation and The Liquidator.

Enviros Aspinwall Environmental Consultants

17,127.55

2003

2003

Consultancy Study to Examine the Application of Economic Instruments, including Environment Levies, on Specified Products/Materials

Mciver Consulting / Patel Tonra Environmental Solutions Limited

52,725.75

2003

2003

Consultancy Study to Examine the Application of Economic Instruments, including Environment Levies, on Specified Products/Materials

Mciver Consulting / Patel Tonra Environmental Solutions Limited

14,670.25

2004

2004

Consultancy Study on the Preparation of Estimates of Packaging Material Placed on the Market in Ireland

Perchards / Ffact Management Consultants

37,848.80

2003

2002

Consultancy Study to Prepare a Draft National Strategy on Biodegradable Waste

Rpsmcos Limited

84,900.60

2004

2003

Economic Evaluation of Water Supply and Wastewater Treatment Projects

DKM Economic Consultants

60,182.98

2003

2003

Economic Evaluation of Water Supply and Wastewater Treatment Projects

DKM Economic Consultants

92,241.19

2004

2003

Drinking Water National Monitoring Programme

E.G. Petit & Co.

869,110.24

2003

2002

Drinking Water National Monitoring Programme

E.G. Petit & Co.

147,773.07

2004

2002

Asset Management & Valuation Model — National Water Study

W.S. Atkins Ireland Ltd.

35,828.10

2003

2002

The Preparation of a Public Sector Benchmark for Water/Wastewater Projects and a Model for Reviewing Projects and Benchmarking Costs

PricewaterhouseCoopers and RPS/MCOS

44,231.55

2004

2003

Economic Analysis of Water use

Camp Dresser & McKee (Ireland) Ltd.

313,915.00

2004

2004

Total Paid

9,199,002.61

Some 18 non-public service staff have been engaged by the Department since June 2002. Names, date of appointment and functions of these staff are as set out in the table below.

Non-public service staff.

Name

Date Appointed

Function

Pat Daly

06-Jun-02*

Special Adviser to Minister Martin Cullen

Sean Dower

14-Jun-02*

Personal Assistant to Minister Martin Cullen

Inez O’Neill

14-Jun-02*

Personal Secretary to Minister Martin Cullen

Deirdre Heney

15-Aug-02

Personal Assistant to Minister of State Noel Ahern

Siobhan McGrath

16-Sep-02

Personal Secretary to Minister of State Noel Ahern

Michael Talbot

17-Sep-02

Civilian Driver to Minister of State Noel Ahern

Dan Pender

17-Jun-02*

Press Officer

Sinead McGowan

18-Jun-02*

Personal Assistant to Minister of State Pat the Cope Gallagher

Aideen Gilleen

19-Jun-02

Personal Secretary to Minister of State Pat the Cope Gallagher

Denis Murray

08-Jul-02*

Civilian Driver to Minister of State Pat the Cope Gallagher

Fred Sweeney

12-Apr-03*

Civilian Driver to Minister of State Pat the Cope Gallagher

John Ward

24-Apr-04*

Civilian Driver to Minister of State Pat the Cope Gallagher

Michael Daly

25-Oct- 04

Civilian Driver to Minister of State Batt O’Keeffe.

Tom Gately

11-Oct-04

Civilian Driver to Minister of State Batt O’Keeffe.

Geraldine Cole

29-Sep-04

Personal Assistant to Minister Dick Roche

Sean Fitzpatrick

11-Oct-04

Press Officer

Katherine Woods

29-Sep-04

Personal Assistant to Minister of State Batt O’Keeffe

Ciara Furlong

29-Sep-04

Personal Secretary to Minister Dick Roche.

*Employment with the Department ceased on 29 September 2004.

The total salary cost for these staff from June 2002 to date is €1,085,397.91.

Correspondence with European Commission.

Trevor Sargent

Question:

629 Mr. Sargent asked the Minister for the Environment, Heritage and Local Government if his Department will release letters of formal notice and reasoned opinions in the circumstances outlined by European Commissioner Ms Margot Wallstrom (details supplied). [28888/04]

On the basis of legal advice, my Department does not divulge details of correspondence with the European Commission in connection with EU complaints or infringement proceedings while these are still active. When such complaints or infringement proceedings are terminated or cease to be active, the release of correspondence is open to request by interested parties and consideration by my Department, subject to any applicable exemptions under Freedom of Information legislation or, where appropriate, the regulations on access to environmental legislation.

Local Authority Housing.

David Stanton

Question:

630 Mr. Stanton asked the Minister for the Environment, Heritage and Local Government when the initiative to meet long-term housing needs of rent supplement recipients, which was announced on 7 July 2004, commenced; the local authorities that are now using the scheme; the number of persons that have tried to avail of the scheme; the number of those who had their long-term housing needs met by the scheme; and if he will make a statement on the matter. [28929/04]

The Government announced in early July 2004 a new initiative whereby local authorities will meet the long-term housing needs of social welfare rent supplementation recipients. The new arrangements will involve local authorities progressively assuming responsibility over a four-year period for accommodating rent supplement recipients who have been assessed as having long-term housing need, excluding asylum seekers, or other non-nationals who do not have leave to remain in the State permanently, and persons in receipt of rent supplement as a back to work incentive or of mortgage supplementation. The new arrangements are being implemented to cater for an estimated 19,000 existing rent supplement recipients with a long-term housing need.

The Government decided that the new arrangements would be rolled out through groups of local authorities in a number of phases and has set a target of September 2008 to complete the implementation of the new arrangements in all local authorities. The new rental accommodation initiative is a collaborative project between the Department of the Environment, Heritage and Local Government, local authorities, the Department of Social and Family Affairs and the community welfare service.

The rollout of the new arrangements is commencing in an initial group of lead authorities: Dublin, Galway and Limerick cities, South Dublin, Donegal, Offaly, Westmeath county councils and Drogheda Borough Council. It is proposed to commence rollout arrangements in the remaining local authorities during 2005.

The main actions since July to end of October 2004 have been to consult with interested parties, advise local authorities of the requirements of the Government decision, put in place the structures necessary to commence the project, identify and resolve where possible any issues impacting on and to engage resources needed to support the implementation of the scheme. Work has already commenced in the lead authorities towards identifying persons on rent supplement in need of long-term housing support. The next step will see the commencement of the transfer of rent supplement recipients to the lead authorities from January 2005.

Water and Sewerage Schemes.

John Perry

Question:

631 Mr. Perry asked the Minister for the Environment, Heritage and Local Government the progress made on Tubbercurry sewerage scheme; the negotiations that have taken place; and if he will make a statement on the matter. [28947/04]

The Tubbercurry sewerage scheme is included in my Department's water services investment programme 2004-2006 under the serviced land initiative at an estimated cost of €1.3 million. Additional information recently received from Sligo County Council on the approval of the preliminary report for the scheme is under examination in my Department and will be dealt with as quickly as possible.

Enda Kenny

Question:

632 Mr. Kenny asked the Minister for the Environment, Heritage and Local Government the position regarding approval for the Ballina main drainage, stage two, phase two, sewerage scheme, as submitted by Mayo County Council; the estimated cost of the scheme; the capacity of the proposed scheme; the date upon which this proposal was received in his Department; when he expects approval to be forthcoming for the scheme; if any moneys will be made available in 2005 for its provision; and if he will make a statement on the matter. [28959/04]

Enda Kenny

Question:

650 Mr. Kenny asked the Minister for the Environment, Heritage and Local Government the position regarding approval for the Achill Sound sewerage scheme, County Mayo, as submitted by Mayo County Council; the estimated cost of the scheme; the capacity of the proposed scheme; the date upon which this proposal was received in his Department; when he expects approval to be forthcoming for the scheme; if any moneys will be made available in 2005 for its provision; and if he will make a statement on the matter. [28987/04]

I propose to take Questions Nos. 632 and 650 together.

The Ballina main drainage scheme and the Achill Sound sewerage scheme are included in my Department's water services investment programme 2004-2006 to commence construction in 2005 with estimated costs of €14.85 million and €8.38 million, and proposed population equivalent treatment plant capacity of 25,000 and 2,000, respectively. Contract documents for both schemes were approved last May and my Department is awaiting the submission by Mayo County Council of tender recommendations in both cases.

Enda Kenny

Question:

633 Mr. Kenny asked the Minister for the Environment, Heritage and Local Government the position regarding approval for the Ballintubber sewerage scheme, Castlebar, County Mayo, as submitted by Mayo County Council; the estimated cost of the scheme; the capacity of the proposed scheme; the date upon which this proposal was received in his Department; when he expects approval to be forthcoming for the scheme; if any moneys will be made available in 2005 for its provision; and if he will make a statement on the matter. [28961/04]

No such proposal has been received by my Department nor was it included in the list of water and sewerage schemes submitted by Mayo County Council in response to my Department's request to local authorities in 2003 to undertake fresh assessments of the needs for capital works in their areas and to prioritise their proposals on the basis of the assessments.

Question No. 634 answered with QuestionNo. 626.

Enda Kenny

Question:

635 Mr. Kenny asked the Minister for the Environment, Heritage and Local Government the position regarding approval for the Westport sewerage scheme, as submitted by Mayo County Council; the estimated cost of the scheme; the capacity of the proposed scheme; the date upon which this proposal was received in his Department; when he expects approval to be forthcoming for the scheme; if any moneys will be made available in 2005 for its provision; and if he will make a statement on the matter. [28965/04]

Enda Kenny

Question:

644 Mr. Kenny asked the Minister for the Environment, Heritage and Local Government the position regarding approval for the Knock sewerage scheme, County Mayo, as submitted by Mayo County Council; the estimated cost of the scheme; the capacity of the proposed scheme; the date upon which this proposal was received in his Department; when he expects approval to be forthcoming for the scheme; if any moneys will be made available in 2005 for its provision; and if he will make a statement on the matter. [28977/04]

Enda Kenny

Question:

648 Mr. Kenny asked the Minister for the Environment, Heritage and Local Government the position regarding approval for the Cong sewerage scheme, County Mayo, as submitted by Mayo County Council; the estimated cost of the scheme; the capacity of the proposed scheme; the date upon which this proposal was received in his Department; when he expects approval to be forthcoming for the scheme; if any moneys will be made available in 2005 for its provision; and if he will make a statement on the matter. [28983/04]

I propose to take Questions Nos. 635, 644 and 648 together.

The Westport, Knock and Cong sewerage schemes have been completed at costs of €53.5 million, €17 million and €3.2 million, respectively. My Department has no current proposals from Mayo County Council in respect of any of these schemes.

Enda Kenny

Question:

636 Mr. Kenny asked the Minister for the Environment, Heritage and Local Government the position regarding approval for the Tourmakeady sewerage scheme extension on Finney Road, County Mayo, as submitted by Mayo County Council; the estimated cost of the scheme; the capacity of the proposed scheme; the date upon which this proposal was received in his Department; when he expects approval to be forthcoming for the scheme; if any moneys will be made available in 2005 for its provision; and if he will make a statement on the matter. [28968/04]

Enda Kenny

Question:

651 Mr. Kenny asked the Minister for the Environment, Heritage and Local Government the position regarding approval for the Mulranny sewerage scheme, Murreveagh extension, County Mayo, as submitted by Mayo County Council; the estimated cost of the scheme; the capacity of the proposed scheme; the date upon which this proposal was received in his Department; when he expects approval to be forthcoming for the scheme; if any moneys will be made available in 2005 for its provision; and if he will make a statement on the matter. [28988/04]

I propose to take Questions Nos. 636 and 651 together.

The Tourmakeady sewerage scheme extension on Finney Road and the Mulranny sewerage scheme extension to Murreveagh have been for approved for serviced land initiative funding in my Department's water services investment programme 2004-2006 at estimated costs of €100,000 and €300,000, to provide services for 37 and 71 residential sites, respectively. The advancement of these schemes to construction stage is now a matter for Mayo County Council.

Enda Kenny

Question:

637 Mr. Kenny asked the Minister for the Environment, Heritage and Local Government the position regarding approval for the Ballyglass sewerage scheme, Claremorris, County Mayo, as submitted by Mayo County Council; the estimated cost of the scheme; the capacity of the proposed scheme; the date upon which this proposal was received in his Department; when he expects approval to be forthcoming for the scheme; if any moneys will be made available in 2005 for its provision; and if he will make a statement on the matter. [28969/04]

Enda Kenny

Question:

638 Mr. Kenny asked the Minister for the Environment, Heritage and Local Government the position regarding approval for the Claremorris sewerage scheme, stage two, County Mayo, as submitted by Mayo County Council; the estimated cost of the scheme; the capacity of the proposed scheme; the date upon which this proposal was received in his Department; when he expects approval to be forthcoming for the scheme; if any moneys will be made available in 2005 for its provision; and if he will make a statement on the matter. [28970/04]

Enda Kenny

Question:

639 Mr. Kenny asked the Minister for the Environment, Heritage and Local Government the position regarding approval for the Roundfort sewerage scheme, Ballinrobe, County Mayo, as submitted by Mayo County Council; the estimated cost of the scheme; the capacity of the proposed scheme; the date upon which this proposal was received in his Department; when he expects approval to be forthcoming for the scheme; if any moneys will be made available in 2005 for its provision; and if he will make a statement on the matter. [28972/04]

Enda Kenny

Question:

647 Mr. Kenny asked the Minister for the Environment, Heritage and Local Government the position regarding approval for the Urluar sewerage scheme, Kilkelly, County Mayo, as submitted by Mayo County Council; the estimated cost of the scheme; the capacity of the proposed scheme; the date upon which this proposal was received in his Department; when he expects approval to be forthcoming for the scheme; if any moneys will be made available in 2005 for its provision; and if he will make a statement on the matter. [28982/04]

Enda Kenny

Question:

654 Mr. Kenny asked the Minister for the Environment, Heritage and Local Government the position regarding approval for the Knockmore sewerage scheme, County Mayo, as submitted by Mayo County Council; the estimated cost of the scheme; the capacity of the proposed scheme; the date upon which this proposal was received in his Department; when he expects approval to be forthcoming for the scheme; if any moneys will be made available in 2005 for its provision; and if he will make a statement on the matter. [28992/04]

Enda Kenny

Question:

655 Mr. Kenny asked the Minister for the Environment, Heritage and Local Government the position regarding approval for the Killasser sewerage scheme, County Mayo, as submitted by Mayo County Council; the estimated cost of the scheme; the capacity of the proposed scheme; the date upon which this proposal was received in his Department; when he expects approval to be forthcoming for the scheme; if any moneys will be made available in 2005 for its provision; and if he will make a statement on the matter. [28993/04]

Enda Kenny

Question:

656 Mr. Kenny asked the Minister for the Environment, Heritage and Local Government the position regarding approval for the Straide sewerage scheme, County Mayo, as submitted by Mayo County Council; the estimated cost of the scheme; the capacity of the proposed scheme; the date upon which this proposal was received in his Department; when he expects approval to be forthcoming for the scheme; if any moneys will be made available in 2005 for its provision; and if he will make a statement on the matter. [28995/04]

Enda Kenny

Question:

657 Mr. Kenny asked the Minister for the Environment, Heritage and Local Government the position regarding approval for the Midfield sewerage scheme, County Mayo, as submitted by Mayo County Council; the estimated cost of the scheme; the capacity of the proposed scheme; the date upon which this proposal was received in his Department; when he expects approval to be forthcoming for the scheme; if any moneys will be made available in 2005 for its provision; and if he will make a statement on the matter. [28996/04]

Enda Kenny

Question:

658 Mr. Kenny asked the Minister for the Environment, Heritage and Local Government the position regarding approval for the Roosky sewerage scheme, County Mayo, as submitted by Mayo County Council; the estimated cost of the scheme; the capacity of the proposed scheme; the date upon which this proposal was received in his Department; when he expects approval to be forthcoming for the scheme; if any moneys will be made available in 2005 for its provision; and if he will make a statement on the matter. [28997/04]

Enda Kenny

Question:

659 Mr. Kenny asked the Minister for the Environment, Heritage and Local Government the position regarding approval for the Carracastle sewerage scheme, Ballina, County Mayo, as submitted by Mayo County Council; the estimated cost of the scheme; the capacity of the proposed scheme; the date upon which this proposal was received in his Department; when he expects approval to be forthcoming for the scheme; if any moneys will be made available in 2005 for its provision; and if he will make a statement on the matter. [28998/04]

Enda Kenny

Question:

660 Mr. Kenny asked the Minister for the Environment, Heritage and Local Government the position regarding approval for the Parke sewerage scheme, County Mayo, as submitted by Mayo County Council; the estimated cost of the scheme; the capacity of the proposed scheme; the date upon which this proposal was received in his Department; when he expects approval to be forthcoming for the scheme; if any moneys will be made available in 2005 for its provision; and if he will make a statement on the matter. [29000/04]

I propose to take Questions Nos. 637 to 639, inclusive, 647, 654 to 660, inclusive, together.

These schemes were categorised as post-2007 requirements in the list of water services schemes submitted by Mayo County Council in response to my Department's request to local authorities in 2003 to produce updated assessments of the needs for capital works in their areas and to prioritise their proposals on the basis of the assessments. In light of the timescale envisaged for the schemes by the council, it would have been premature to consider them for inclusion in the 2004-06 programme. They will, however, be considered for future phases of the water services investment programme in accordance with the council's prevailing priorities at that stage.

Enda Kenny

Question:

640 Mr. Kenny asked the Minister for the Environment, Heritage and Local Government the position regarding approval for the Neale sewerage scheme, Ballinrobe, County Mayo, as submitted by Mayo County Council; the estimated cost of the scheme; the capacity of the proposed scheme; the date upon which this proposal was received in his Department; when he expects approval to be forthcoming for the scheme; if any moneys will be made available in 2005 for its provision; and if he will make a statement on the matter. [28973/04]

Enda Kenny

Question:

652 Mr. Kenny asked the Minister for the Environment, Heritage and Local Government the position regarding approval for the Ballyheane sewerage scheme, County Mayo, as submitted by Mayo County Council; the estimated cost of the scheme; the capacity of the proposed scheme; the date upon which this proposal was received in his Department; when he expects approval to be forthcoming for the scheme; if any moneys will be made available in 2005 for its provision; and if he will make a statement on the matter. [28990/04]

Enda Kenny

Question:

653 Mr. Kenny asked the Minister for the Environment, Heritage and Local Government the position regarding approval for the Crossboyne sewerage scheme, County Mayo, as submitted by Mayo County Council; the estimated cost of the scheme; the capacity of the proposed scheme; the date upon which this proposal was received in his Department; when he expects approval to be forthcoming for the scheme; if any moneys will be made available in 2005 for its provision; and if he will make a statement on the matter. [28991/04]

Michael Ring

Question:

673 Mr. Ring asked the Minister for the Environment, Heritage and Local Government the position with regard to a sewerage scheme extension (details supplied) in County Mayo. [29232/04]

I propose to take Questions Nos. 640, 652, 653 and 673 together.

The Neale, Ballyheane and Crossboyne sewerage schemes, together with a number of other schemes, are included in a grouped project that has been approved to advance through planning in my Department's water services investment programme 2004-2006 at an overall estimated cost of €5.95 million.

I approved Mayo County Council's brief for the appointment of consultants to prepare a preliminary report for the project last week. Pending receipt of this by my Department, details of the proposed capacities of the individual schemes may appropriately be sought from Mayo County Council.

Enda Kenny

Question:

641 Mr. Kenny asked the Minister for the Environment, Heritage and Local Government the position regarding approval for the Newport sewerage scheme, County Mayo, as submitted by Mayo County Council; the estimated cost of the scheme; the capacity of the proposed scheme; the date upon which this proposal was received in his Department; when he expects approval to be forthcoming for the scheme; if any moneys will be made available in 2005 for its provision; and if he will make a statement on the matter. [28974/04]

The Newport sewerage scheme has been approved for funding in my Department's water services investment programme 2004-2006, under the rural towns and villages initiative, at an estimated cost of €7.95 million. My Department is awaiting the submission by Mayo County Council of a preliminary report that will, inter alia, indicate the proposed capacity of the scheme.

Enda Kenny

Question:

642 Mr. Kenny asked the Minister for the Environment, Heritage and Local Government the position regarding approval for the Kiltimagh sewerage scheme, County Mayo, as submitted by Mayo County Council; the estimated cost of the scheme; the capacity of the proposed scheme; the date upon which this proposal was received in his Department; when he expects approval to be forthcoming for the scheme; if any moneys will be made available in 2005 for its provision; and if he will make a statement on the matter. [28975/04]

The Kiltimagh sewerage scheme, estimated to cost €13.2 million, is included in my Department's water services investment programme 2004-2006 to commence construction in 2005 with proposed treatment plant capacities of 3,300 population equivalent under stage one and 5,000 population equivalent under stage two. My Department is awaiting submission of Mayo County Council's contract documents for stage one. It is envisaged that stage two will be advanced when additional treatment capacity is required in due course.

Enda Kenny

Question:

643 Mr. Kenny asked the Minister for the Environment, Heritage and Local Government the position regarding approval for the Balla sewerage scheme, treatment plant upgrade, County Mayo, as submitted by Mayo County Council; the estimated cost of the scheme; the capacity of the proposed scheme; the date upon which this proposal was received in his Department; when he expects approval to be forthcoming for the scheme; if any moneys will be made available in 2005 for its provision; and if he will make a statement on the matter. [28976/04]

Enda Kenny

Question:

645 Mr. Kenny asked the Minister for the Environment, Heritage and Local Government the position regarding approval for the Louisburgh sewerage scheme, treatment plant upgrade County Mayo, as submitted by Mayo County Council; the estimated cost of the scheme; the capacity of the proposed scheme; the date upon which this proposal was received in his Department; when he expects approval to be forthcoming for the scheme; if any moneys will be made available in 2005 for its provision; and if he will make a statement on the matter. [28979/04]

Enda Kenny

Question:

646 Mr. Kenny asked the Minister for the Environment, Heritage and Local Government the position regarding approval for the Ballindine sewerage scheme, treatment plant upgrade County Mayo, as submitted by Mayo County Council; the estimated cost of the scheme; the capacity of the proposed scheme; the date upon which this proposal was received in his Department; when he expects approval to be forthcoming for the scheme; if any moneys will be made available in 2005 for its provision; and if he will make a statement on the matter. [28980/04]

Enda Kenny

Question:

649 Mr. Kenny asked the Minister for the Environment, Heritage and Local Government the position regarding approval for the Ballycastle sewerage scheme, treatment plant upgrade, County Mayo, as submitted by Mayo County Council; the estimated cost of the scheme; the capacity of the proposed scheme; the date upon which this proposal was received in his Department; when he expects approval to be forthcoming for the scheme; if any moneys will be made available in 2005 for its provision; and if he will make a statement on the matter. [28984/04]

I propose to take Questions Nos. 643, 645, 646 and 649 together.

The Balla, Louisburgh, Ballindine and Ballycastle sewerage schemes have all been completed under the serviced land initiative measure of my Department's water services investment programme at costs of €220,000, €250,000, €330,000 and €270,000, respectively. My Department has no further proposals from Mayo County Council in respect of any of these locations.

Question No. 644 answered with QuestionNo. 635.
Question Nos. 645 and 646 answered with Question No. 643.
Question No. 647 answered with QuestionNo. 637.
Question No. 648 answered with QuestionNo. 635.
Question No. 649 answered with QuestionNo. 643.
Question No. 650 answered with QuestionNo. 632.
Question No. 651 answered with QuestionNo. 636.
Questions Nos. 652 and 653 answered with Question No. 640.
Questions Nos. 654 to 660, inclusive, answered with Question No. 637.

EU Directives.

Paul McGrath

Question:

661 Mr. P. McGrath asked the Minister for the Environment, Heritage and Local Government the situation in relation to the implementation of the EU Directive 2000/53/EC concerning end of life vehicles; if he will give an update in relation to the legal proceedings which have been initiated by the European Commission against Ireland in relation to this matter; and if he will make a statement on the matter. [29012/04]

Enabling provisions to facilitate implementation of European Parliament and Council Directive 2000/53/EC on end of life vehicles were incorporated in the Protection of the Environment Act 2003. However, legal proceedings were initiated against Ireland by the European Commission on the grounds that the directive was only partially transposed as the regulations on the detailed arrangements for implementation of the directive in Ireland had not been made.

The European Court of Justice made a judgment in this case on 28 October 2004 and found that Ireland had failed to fulfil its obligations in relation to the full transposition of the directive. It is intended to make regulations as soon as possible fully transposing the directive provisions and facilitating its full implementation in 2005.

Tax Code.

Michael Lowry

Question:

662 Mr. Lowry asked the Minister for the Environment, Heritage and Local Government if he intends to discuss changes to the system of vehicle registration tax with the Minister for Finance; and if he will make a statement on the matter. [29051/04]

A pre-budget submission from SIMI has been received. This submission, as with all other pre-budget submissions, will be considered in the context of preparations for the forthcoming budget and Finance Bill. It has been the practice of successive Ministers for Finance not to comment at this time on what may or may not be contained in a forthcoming budget and I do not intend to depart from this approach.

Road Network.

Michael Lowry

Question:

663 Mr. Lowry asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the urgent need to replace the bridge linking Killaloe, County Clare with Ballina, County Tipperary; if the necessary resources have been committed to building a new bridge; and if he will make a statement on the matter. [29052/04]

In 2004, a grant of €100,000 each has been allocated to Clare, Limerick and North Tipperary county councils for a feasibility study in respect of the provision of a new bridge to cross the River Shannon.

In August this year my Department sought applications from local authorities for funding for non-national roads in 2005 under the EU co-financed specific improvement grants scheme. The initial selection of projects to be submitted for consideration for funding under this scheme is a matter for local authorities. I will announce the 2005 allocations early in 2005.

Housing Aid for the Elderly.

Róisín Shortall

Question:

664 Ms Shortall asked the Minister for the Environment, Heritage and Local Government when a decision is expected in respect of the tenders for Santry community centre and senior citizen housing project; and if he will make a statement on the matter. [29055/04]

Dublin City Council will be making a formal submission to my Department shortly seeking approval for the acceptance of a tender for the construction of senior citizens' dwellings and a community facility at Oak Park, Swords Road, Dublin.

Housing Grants.

Jack Wall

Question:

665 Mr. Wall asked the Minister for the Environment, Heritage and Local Government the plans he has to introduce house repair grants in view of the number of houses that need such repairs and the financial impossibility of their owners to carry them out; and if he will make a statement on the matter. [29058/04]

The Irish National Survey of Housing Quality 2001-2002, which was commissioned by my Department, indicates that 93% of house owners and 96% of house purchasers are satisfied or very satisfied with the general condition of their accommodation. The fact that the age profile of the housing stock is favourable by international standards, with 43% of the stock having been built since 1980 or 27% built since 1990, also contributes to a reasonable general condition of dwellings.

Local authorities provide grants to private householders for repairs and changes to dwellings in certain circumstances. The improvement works in lieu of rehousing scheme enables local authorities, instead of providing a local authority house, to improve or extend a house not owned by them which is, or will be, occupied by persons in need of local authority housing or by tenants-tenant purchasers who surrender their houses. For households on waiting lists for local authority housing, the scheme enables them to remain in their existing homes and neighbourhood and, at the same time, enjoy proper housing conditions much sooner than they otherwise might.

A further scheme, the special housing aid for the elderly scheme, to cater for the specific needs of the elderly, was established in 1982 to provide assistance by way of necessary emergency repairs and to improve the housing conditions of elderly persons living alone in unfit or insanitary conditions. In 2000 the scheme was extended to include the provision of suitable heating systems where found necessary to meet the needs of elderly persons. The scheme is operated by the health boards in line with the various guidelines issued from time to time by my Department. Funding for the scheme has increased significantly in the past number of years with a provision of €6,348,690 in 1998 and €11,536,000 for 2003. In addition to the provision of €11.6 million for 2004, an additional €4 million was recently made available to the health boards for the operation of the scheme. The scheme is very effective, with the number of jobs completed increasing from 3,302 in year ended 31 December 1998 to 4,169 in year ended 31 December 2003. A further 1,988 jobs were completed by 30 June 2004 and with the additional funding provided it is expected that in excess of 5,000 households will be assisted this year under the scheme.

The essential repairs grant scheme also provides for the payment of a grant to a person carrying out essential repairs to a house where, in the opinion of the housing authority, the repairs, whilst less than those appropriate to render the house fit in every respect, constitute repairs it considers are reasonably necessary to prolong the useful life of the house. The administration of the scheme is a matter for individual local authorities. The Department recoups to local authorities two thirds of their expenditure on the payment of individual grants and it is the responsibility of the authorities to fund the remaining one third from their own resources from amounts provided for that purpose in their annual estimates of expenditure. The scheme is directed primarily at older persons living in poor housing conditions.

My Department financially assists local authorities in upgrading, renovating and redeveloping their housing stock through the remedial works and the regeneration programmes. A provision of €168 million is available in the current year to local authorities for the regeneration and redevelopment of run down estates.

It is intended to continue focusing on these schemes which meet a broad range of needs in terms of house repairs and there are no proposals to introduce a further scheme for this purpose.

Planning Issues.

Seán Haughey

Question:

666 Mr. Haughey asked the Minister for the Environment, Heritage and Local Government if he has plans to change the retail planning guidelines; and if he will make a statement on the matter. [29059/04]

The retail planning guidelines prescribe a maximum floor area of 6,000 sq. m. gross retail floor space for large-scale single retail warehouse development. This aspect of the guidelines has been under review, taking account of the need to ensure proper planning and sustainable development, while also supporting effective competition in this sector of retailing in the context of ongoing developments in retail formats.

To assist in carrying out the review, interested parties were invited to make submissions to my Department. Some 71 submissions were received and have been assessed. The submissions received raised many complex issues and these have been fully considered in the context of determining whether any changes are needed in the guidelines. I expect to be in a position to announce the outcome of the review in the near future.

Coursing Events.

Tony Gregory

Question:

667 Mr. Gregory asked the Minister for the Environment, Heritage and Local Government the dates and names of all coursing events for the 2004-05 season. [29070/04]

The Wildlife Acts 1976 and 2000 provide for the regulation by licence of the capture of hares by coursing clubs affiliated to the Irish Coursing Club. While such licences do not directly regulate the holding of coursing events, the national parks and wildlife service of my Department obtains a schedule of these events from the ICC prior to issuing a composite licence. The following is the current fixture list for the 2004-05 coursing season, as supplied to my Department by the ICC.

Coursing Club

Fixture Dates

1

New Ross

Fri, Sat, Sun 24, 25, 26 September

2

Liscannor

Sat, Sun 25, 26 September

3

Glin

Fri, Sat, Sun 1, 2, 3 October

4

Westmeath United

Sat, Sun 9, 10 October

5

Ballyheigue

Sat, Sun 9, 10 October

6

Cashel

Sat, Sun 9, 10 October

7

Regional Coursing Club, Co. Limerick

Sat, Sun 9, 10 October

8

Crohane & Killenaule

Sat, Sun 16, 17 October

9

Edenderry

Sat, Sun 16, 17 October

10

Loughrea

Sat, Sun 16, 17 October

11

Fermoy & Grange

Wed, Thurs 20, 21 October

12

Ballinagar

Sat, Sun 23, 24 October

13

Charleville

Sat, Sun 23, 24 October

14

Gorey

Sat, Sun 23, 24 October

15

Miltown Malbay

Sat, Sun 23, 24 October

16

Thurles

Sat, Sun 23, 24 October

17

Castleisland

Sun, Mon 24, 25 October

18

Lixnaw (Abbeydorney)

Sat, Sun 30, 31 October

19

Mitchelstown

Sat, Sun 30, 31 October

20

Westport

Sat, Sun 30, 31 October

21

Listowel

Fri, Sat, Sun 5, 6, 7 November

22

Clonmel & Kilsheelan

Sat, Sun 6, 7 November

23

Freshford

Sat, Sun 6, 7 November

24

Limerick City

Sat, Sun 6, 7 November

25

Mallow

Sat, Sun 6, 7 November

26

Trim (Leinster Open)

Sat, Sun 6, 7 November

27

Ballyduff

Fri, Sat, Sun 12, 13, 14 November

28

Co. Carlow

Fri, Sat, Sun 12, 13, 14 November

29

East Donegal (Ballymena)

Fri, Sat, Sun 12, 13, 14 November

30

Ardpatrick & Kilfinane

Sat, Sun 13, 14 November

31

Cappoquin

Sat, Sun 13, 14 November

32

Borris-in Ossory

Sat, Sun 20, 21 November

33

Co. Cavan (Dungannon)

Fri, Sat, Sun 19, 20, 21 November

34

Bandon & Carey's Cross

Sat, Sun 20, 21 November

35

Killimer/Kilrush

Sat, Sun 20, 21 November

36

Waterford

Sat, Sun 20, 21 November

37

Rathkeale

Sat, Sun 20, 21 November

38

Knockgraffon

Fri, Sat, Sun 26, 27, 28 November

39

Balbriggan

Sat, Sun 27, 28 November

40

Enniscorthy

Sat, Sun 27, 28 November

41

Kilflynn

Sat, Sun 27, 28 November

42

Rathcormac

Sat, Sun 27, 28 November

43

Doon

Sat, Sun 4, 5 December

44

Ennis/Clarecastle

Sat, Sun 4, 5 December

45

Johnstown/Urlingford

Sat, Sun 4, 5 December

46

Glanworth

Wed, Thurs 8, 9 December

47

Rathdowney

Sat, Sun 11, 12 December

48

Newbridge Open

Sat, Sun 11, 12 December

49

Newcastlewest

Sat, Sun 11, 12 December

50

Castletowngeoghegan

Sat, Sun 18, 19 December

51

Dungarvan

Sat, Sun 18, 19 December

52

East Donegal

Sat, Sun 18, 19 December

53

Nenagh

Sat, Sun 18, 19 December

54

Roseberry Open

Sun 26 December

55

Roscrea (Borrisoleigh)

Sun, Mon 26, 27 December

56

Co. Kerry

Sun, Mon 26, 27 December

57

Cork

Sun, Mon 26, 27 December

58

Dundalk & Dowdallshill

Sun, Mon 26, 27 December

59

Mooncoin

Sun, Mon 26, 27 December

60

North Kilkenny

Sun, Mon 26, 27 December

61

Galway & Oranmore (Roscommon)

Sun, Mon 26, 27 December

62

South Clare

Sun, Mon 26, 27 December

63

Wexford & District

Sun, Mon 26, 27 December

64

Abbeyfeale

Tue, Wed 28, 29 December

65

Athy Open (Old Kilcullen)

Fri, Sat 31 Dec, 1 January

66

Fethard Open

Sun 2 January

67

Milford Open

Sun 2 January

68

Galbally

Sun, Mon 2, 3 January

69

Kilcreevin/Ballymote (Tubbercurry)

Fri, Sat, Sun 7, 8, 9 January

70

Clonakilty

Fri, Sat, Sun 7, 8, 9 January

71

Tradaree

Fri, Sat, Sun 7, 8, 9 January

72

Sevenhouses

Sat, Sun 8, 9 January

73

Templetouhy

Sat, Sun 8, 9 January

74

Macroom

Wed 12 January

75

Cork Co. Open

Sat, Sun 15, 16 January

76

Knockgraffon Open

Sat, Sun 15, 16 January

77

Dromina Open

Sun 23 January

78

Donabate Open

Mon 24 January

79

Clonmel & District Open

Sun 30 January

80

The National Meeting, Clonmel

Mon, Tue, Wed 31 Jan, 1, 2 February

81

Duleek Open

Sun 6 February

82

Fedamore Open

Sun 6 February

83

Tipperary & District

Sat, Sun 12, 13 February

84

Cork Co. Open Munster Cup

Sun 13 February

85

Irish Cup

Fri, Sat, Sun 18, 19, 20 February

Local Authority Housing.

Arthur Morgan

Question:

668 Mr. Morgan asked the Minister for the Environment, Heritage and Local Government if it is his policy to permit the transfer of State assets such as local authority housing stock, as recently proposed by Dublin City Council, out of public ownership to alternative landlords; if such a policy is being driven by Dublin City Council alone; if it is with his consent; if discussions on this issue have already taken place between his Department and Dublin City Council officials; and if he will make a statement on the matter. [29071/04]

The Government is committed to the continued expansion of the social rented housing stock by both local authorities and voluntary housing bodies.

It is understood that a discussion report on a possible transfer of ownership of Dublin City Council rented housing stock was submitted to the council's housing, social and community strategic policy committee in November 2003. No proposals have been received in my Department seeking such an approval for a transfer of ownership of rented houses and no discussions have been held between the Department and the city council on the matter.

Derelict Sites.

Gerard Murphy

Question:

669 Mr. Murphy asked the Minister for the Environment, Heritage and Local Government when his Department will respond to Cork County Council’s request for townlands (details supplied) to be designated under the Derelict Sites Act 1990. [29074/04]

I intend very shortly to prescribe a number of areas, including the townlands specified, to be urban areas for the purposes of the Derelict Sites Act 1990.

Ministerial Appointments.

Bernard J. Durkan

Question:

670 Mr. Durkan asked the Minister for the Environment, Heritage and Local Government if any new advisers or consultants have been appointed by him since the Government reshuffle of September 2004; if such appointments are replacements for or are in addition to previous appointments; the salary and terms of employment in each case; and if he will make a statement on the matter. [29130/04]

Since the Cabinet changes of September 2004 I have neither appointed any new adviser nor engaged any new consultant to provide services to my office.

Social and Affordable Housing.

Joe Walsh

Question:

671 Mr. Walsh asked the Minister for the Environment, Heritage and Local Government the timescale for the provision of affordable houses at Clonakilty, County Cork; and if he will make a statement on the matter. [29141/04]

Cork County Council is commissioning a feasibility study for this project which will bring a number of suitable settlement models forward for discussion. The timescale for construction and delivery of units will be determined following the selection of a suitable model, and the detailed design and planning processes. As with all projects under the affordable housing initiative, all such activities are being progressed as a priority with some being paralleled as necessary with a view to early delivery of units.

Housing Aid for the Elderly.

Emmet Stagg

Question:

672 Mr. Stagg asked the Minister for the Environment, Heritage and Local Government if he intends to reapprove the community warden service in Naas town, County Kildare following the pilot scheme, in view of the fact that the service has been reduced by half; and if he will make a statement on the matter. [29231/04]

The pilot community warden service was launched in February 2002 in five local authorities, Galway, Leitrim and Wexford county councils, Galway City Council and Naas Town Council. My Department has commissioned an independent evaluation of the pilot projects and a final report is due shortly, following which the future of the service will be considered further.

Question No. 673 answered with QuestionNo. 640.

Water and Sewerage Schemes.

Dan Neville

Question:

674 Mr. Neville asked the Minister for the Environment, Heritage and Local Government when the Bruff water supply scheme will be upgraded. [29233/04]

Bruff water supply scheme was 27th on the list submitted by Limerick County Council in response to my Department's request to local authorities in 2003 to produce updated assessments of the needs for capital works in their areas and to prioritise their proposals on the basis of the assessments. The assessments were taken into account in the framing of the water services investment programme 2004-2006, published in May 2004. Given the rating afforded to the scheme by the council, it has not been possible to include it in the programme.

Planning Issues.

Damien English

Question:

675 Mr. English asked the Minister for the Environment, Heritage and Local Government the number of planning applications received during the past two years by each local authority; the average length of time taken by each local authority to either grant or refuse applications; the number of requests for further information by each local authority during the planning process; the percentage of applications granted and refused by each local authority in the two year timeframe; and if he will make a statement on the matter. [29246/04]

The tables set out below contain data for 2002 and preliminary data for 2003, based on information supplied by planning authorities, on the number of planning applications received by planning authorities, the number of decisions made on planning applications and the rate of grant and refusal as a percentage of decisions made. Data for borough and town councils are included with county council data.

It should be noted that decisions to grant or refuse planning permission in a given year will not necessarily relate to the applications received in that year, as a number of decisions taken early in a year relate to applications received in the previous year and applications received at the end of a year would not be decided until the following year.

Data are being compiled on the percentage of planning decisions made within eight weeks and will be sent to the Deputy shortly. Data are not available on the average length of time taken by planning authorities to process planning applications or on the number of requests for further information.

2002

Planning applications received

Decisions made on planning applications

Decisions to grant

Decisions to refuse

Decisions to grant as % of total decisions

Decisions to refuse as % of total decisions

Carlow

690

716

630

86

88.0

12.0

Cavan

1,573

1,639

1,487

152

90.7

9.3

Clare

2,536

2,000

1,630

370

81.5

18.5

Cork

5,806

6,041

4,976

1,065

82.4

17.6

Donegal

4,658

4,431

3,779

652

85.3

14.7

Dún Laoghaire

1,498

1,561

1,315

246

84.2

15.8

Fingal

1,900

1,805

1,409

396

78.1

21.9

Galway

5,241

3,372

2,931

441

86.9

13.1

Kerry

3,657

3,860

3,170

690

82.1

17.9

Kildare

1,900

1,946

1,585

361

81.4

18.6

Kilkenny

1,449

1,456

1,194

262

82.0

18.0

Laois

928

940

806

134

85.7

14.3

Leitrim

703

742

642

100

86.5

13.5

Limerick

1,980

2,092

1,815

277

86.8

13.2

Longford

650

686

605

81

88.2

11.8

Louth

1,618

1,874

1,481

393

79.0

21.0

Mayo

2,729

2,604

2,266

338

87.0

13.0

Meath

1,983

2,120

1,631

489

76.9

23.1

Monaghan

1,172

1,182

1,013

169

85.7

14.3

North Tipperary

1,490

1,208

1,099

109

91.0

9.0

Offaly

1,229

1,207

949

258

78.6

21.4

Roscommon

1,366

1,438

1,378

60

95.8

4.2

Sligo

1,003

1,141

924

217

81.0

19.0

South Dublin

1,094

1,097

912

185

83.1

16.9

South Tipperary

1,409

1,233

1,075

158

87.2

12.8

Waterford

1,275

1,323

1,177

146

89.0

11.0

Westmeath

1,121

1,147

934

213

81.4

18.6

Wexford

3,275

3,086

2,419

667

78.4

21.6

Wicklow

1,607

1,347

1,091

256

81.0

19.0

Sub Total

57,540

55,294

46,323

8,971

83.8

16.2

Cork City Council

805

783

695

88

88.8

11.2

Dublin City Council

3,108

2,989

2,596

393

86.9

13.1

Galway City Council

672

634

551

83

86.9

13.1

Limerick City Council

334

334

320

14

95.8

4.2

Waterford City Council

351

342

314

28

91.8

8.2

Sub-Total

5,270

5,082

4,476

606

88.1

11.9

Total

62,810

60,376

50,799

9,577

84.1

15.9

Planning applications received

Decisions made on planning applications

Decisions to grant

Decisions to refuse

Decisions to grant as % of total decisions

Decisions to refuse as % of total decisions

Carlow

932

860

775

85

90.1

9.9

Cavan

2,076

1,702

1,527

175

89.7

10.3

Clare

3,030

1,995

1,709

286

85.7

14.3

Cork

7,102

6,256

5,084

1,172

81.3

18.7

Donegal

5,384

4,714

3,953

761

83.9

16.1

Dún Laoghaire

1,742

1,764

1,556

208

88.2

11.8

Fingal

2,020

1,799

1,294

505

71.9

28.1

Galway

7,221

5,591

4,353

1,238

77.9

22.1

Kerry

4,373

3,726

3,062

664

82.2

17.8

Kildare

1,951

2,054

1,499

555

73.0

27.0

Kilkenny

1,756

1,535

1,256

279

81.8

18.2

Laois

1,197

1,079

977

102

90.5

9.5

Leitrim

946

754

667

87

88.5

11.5

Limerick

2,286

2,050

1,818

232

88.7

11.3

Longford

782

659

563

96

85.4

14.6

Louth

1,905

1,679

1,288

391

76.7

23.3

Mayo

3,814

2,918

2,614

304

89.6

10.4

Meath

2,492

2,106

1,597

509

75.8

24.2

Monaghan

1,254

1,155

1,090

65

94.4

5.6

North Tipperary

1,677

1,258

1,163

95

92.4

7.6

Offaly

1,272

1,110

852

258

76.8

23.2

Roscommon

1,713

1,288

1,212

76

94.1

5.9

Sligo

1,259

1,090

965

125

88.5

11.5

South Dublin

1,568

1,337

1,083

254

81.0

19.0

South Tipperary

1,504

1,296

1,098

198

84.7

15.3

Waterford

1,525

1,301

1,139

162

87.5

12.5

Westmeath

1,255

1,042

857

185

82.2

17.8

Wexford

3,656

3,334

2,571

763

77.1

22.9

Wicklow

2,028

1,442

1,169

273

81.1

18.9

Sub Total

69,720

58,894

48,791

10,103

82.8

17.2

Cork City Council

964

910

752

158

82.6

17.4

Dublin City Council

4,480

3,276

2,850

426

87.0

13.0

Galway City Council

579

602

515

87

85.5

14.5

Limerick City Council

338

364

325

39

89.3

10.7

Waterford City Council

465

410

330

80

80.5

19.5

Sub-Total

6,826

5,562

4,772

790

85.8

14.2

Total

76,546

64,456

53,563

10,893

83.1

16.9

Damien English

Question:

676 Mr. English asked the Minister for the Environment, Heritage and Local Government if he will deal with the number of planning applications appealed to An Bord Pleanála during the past year on a local authority basis; the percentage of planning applications referred to the board that were subsequently upheld or overturned, on a local authority basis; and if he will make a statement on the matter. [29247/04]

Information on the number of planning decisions of planning authorities appealed to An Bord Pleanála is contained in the annual report of An Bord Pleanála 2003, which will be available in the Oireachtas Library, on its imminent publication. A copy of the report will be forwarded to the Deputy on publication.

Local Authority Funding.

Damien English

Question:

677 Mr. English asked the Minister for the Environment, Heritage and Local Government if he will provide details in relation to all applications for funding by Meath and Kildare county councils in respect of the delivery of public services and facilities in both counties, including roads, water and wastewater services and leisure and other facilities; the level of funding sought under each application; the level of funding allocated to Meath and Kildare county councils in 2002, 2003 and 2004; and if he will make a statement on the matter. [29248/04]

Annual allocations to local authorities are made following consultations with these authorities and having regard to the Department's relevant Estimates provisions, and not normally on foot of individual programme applications or bids from local authorities.

Information in relation to the estimated current expenditure and income of local authorities is published in the annual local authority budgets, the latest version of which is in respect of 2003 and is available in the Oireachtas Library. The 2004 version will be published shortly. While considerable data are provided in these volumes they exclude capital grants.

The following table gives details of recent annual allocations from my Department to Meath and Kildare county councils in respect of local government fund general purpose grants, the water services investment programme and non-national roads.

Programme

2002

2003

2004

Kildare County Council

LGF — General Purpose Grants

15,256,241

16,494,787

19,507,617

Water Services Investment Programme

7,614,367

25,052,414

12,647,104

Non-National Roads

18,307,462

13,960,703

20,867,825

Meath County Council

LGF — General Purpose Grants

17,681,100

18,687,615

21,849,991

Water Services Investment Programme

13,460,428

15,810,191

19,445,161

Non-National Roads

21,560,437

10,054,028

17,227,215

Local Authority Staff.

Damien English

Question:

678 Mr. English asked the Minister for the Environment, Heritage and Local Government the breakdown of the number of planning staff employed in the planning department of each local authority; the breakdown of the level of funding allocated to each local authority for planning department activities; the details of the applications lodged in 2002, 2003 and 2004 by each local authority for funds specifically for planning department activities; and if he will make a statement on the matter. [29249/04]

The table set out below sets out the numbers of professional staff employed in the planning department of each planning authority as of 30 June 2004.

General purpose grants are provided annually to local authorities. The grants are not allocated for specific administrative sections or departments of the authorities. The allocation of general purpose grants is a matter for the individual local authorities and is not overseen by my Department.

The amounts expended by each planning authority on administering the planning system are published in the annual planning statistics which are published by my Department. They are available in the Oireachtas Library for 2002 and will shortly be published for 2003.

Planning Authority

Authorised Planners (Permanent)

Authorised Planners (Temporary)

Vacancies (Permanent)

Vacancies (Temporary)

Engineers

Technicians

Other Professionals

Total

County Council

Carlow

4

1

0

0

0

4

0

9

Cavan

13

0

-3

-1

1

2

1

13

Clare

16

0

-2

0

0

4

2

20

Cork

55

0

-6

0

1

6

3

59

Donegal

19

6

0

0

0

7

2

34

Dún Laoghaire-Rathdown

23

0

-1

0

0

8

3

33

Fingal

30

2

-4

0

0

11

4

43

Galway

20

1

-3

-1

6

8

3

34

Kerry

12

0

-2

0

5

9

0

24

Kildare

16

4

-3

0

0

7

0

24

Kilkenny

6

0

0

0

4

4

2

16

Laois

8

1

0

0

0

3

0

12

Leitrim

6

0

-1

0

1

2

0

8

Limerick

13

0

0

0

2

6

2

23

Longford

4

1

0

0

0

1

0

6

Louth

9

3

0

0

0

3

0

15

Mayo

11

1

0

0

3

1

0

16

Meath

15

1

-2

-2

1

3

1

17

Monaghan

10

0

-1

0

0

0

0

9

Offaly

5

3

0

-3

0

2

1

8

Roscommon

6

2

0

0

2

3

0

13

Sligo

10

0

-2

0

2

3

1

14

South Dublin

25

2

-3

0

0

6

2

32

Tipperary NR

7

0

-2

0

1

5

0

11

Tipperary SR

5

0

0

0

3

6

1

15

Waterford

4

1

-1

0

4

2

0

10

Westmeath

10

0

0

0

1

1

2

14

Wexford

14

3

-2

0

0

8

0

23

Wicklow

10

3

-3

0

3

2

0

15

Sub Total

386

35

-41

-7

40

127

30

570

County Boroughs

Cork

14

0

-2

0

1

4

2

19

Dublin

60

0

-6

0

0

12

2

68

Galway

8

0

-1

0

0

5

1

13

Limerick

4

0

0

0

0

2

0

6

Waterford

4

0

0

0

0

3

0

7

Sub Total

90

0

-9

0

1

26

5

113

Total

476

35

-50

-7

41

153

35

683

Planning Issues.

Damien English

Question:

679 Mr. English asked the Minister for the Environment, Heritage and Local Government if he has proposals to provide a league table or other performance measurement mechanism to highlight the speed and efficiency by which local authorities are processing planning applications; and if he will make a statement on the matter. [29250/04]

Earlier this year, my predecessor launched a set of 42 service indicators against which all city and county local authorities are required to report their performance on an annual basis, commencing with 2004. The indicators span the range of local authority functions, including planning. The time taken to process planning applications is included.

Local authorities are required to report their 2004 performance results to the Local Government Management Services Board, LGMSB, no later than end-March 2005. An independent assessment panel will visit a small number of authorities on a random basis to verify their returns to the LGMSB. The LGMSB will report the overall performance results to me along with their analysis, which will incorporate the findings of the independent assessment panel.

This process is intended to facilitate the identification of good practice and to encourage all local authorities towards improved performance.

Damien English

Question:

680 Mr. English asked the Minister for the Environment, Heritage and Local Government the procedure by which local authorities can take estates in charge including the procedures open to local authorities to take action against developers who fail to complete estates in full or in full compliance with the planning permission granted for the development; and if he will make a statement on the matter. [29251/04]

Section 180 of the Planning and Development Act 2000 provides that a local authority may take an estate in charge by initiating the procedures under section 11 of the Roads Act 1993 to take a road in charge. Where, in compliance with section 180 of the Act, the local authority makes an order declaring a road to be a public road, it must also take in charge any open spaces, car parks, sewers, watermains, or drains within the attendant grounds of the development.

In order to ensure that estates are completed satisfactorily, sections 34(4)(g) and 180(2)(b) of the Planning Act provide that a planning authority may attach a condition to a planning permission requiring the giving of adequate security for the satisfactory completion of a development, and, if the development is not subsequently completed satisfactorily, may apply the security to that satisfactory completion.

Where an estate is not completed by a developer, the Planning Act has strengthened and simplified the enforcement powers available to planning authorities. Among these powers, planning authorities are entitled to refuse to grant planning permission, subject to the consent of the High Court, to any developer who has substantially failed to comply with a previous permission.

Under section 180 of the Planning Act planning authorities must take an unfinished estate in charge, where so requested by the majority of qualified electors who own or occupy the houses in the development, if enforcement proceedings have not been commenced by the planning authority within seven years of the permission for the development expiring.

Local Authority Funding.

Eamon Gilmore

Question:

681 Mr. Gilmore asked the Minister for the Environment, Heritage and Local Government the efforts he has made to secure the required capital funding in the 2005 Estimates to fulfil the Government’s commitment in An Agreed Programme for Government 2002 to increase the output of the voluntary and co-operative housing sector to up to 4,000 homes per annum during the lifetime of the programme; if his attention has been drawn to the need and urgency to have capital funding for voluntary and co-operative housing capital increased significantly in the 2005 Estimates in view of the fact that it can take from two to three years to develop social housing projects from identifying sites to completion of houses; and if he will make a statement on the matter. [29252/04]

The Government has responded actively to the increased level of social housing need by expanding social and affordable housing output very significantly, with capital spending in 2004 at four times the 1998 level.

As part of this expanded programme, it has sought to promote the growth and development of the voluntary and co-operative housing sector. This policy has met with significant success. The 2004 provision for the voluntary housing capital assistance scheme and the capital loan and subsidy scheme is €234 million compared to €92 million for the two schemes in 2000. As a result, output has grown by about 80% with completions likely to reach about 1,700 units this year. It is acknowledged that physical progress has not reached the levels anticipated largely due to higher than anticipated construction costs, and some capacity problems within the sector in the early stage of the National Development Plan 2000-2006. This point was recognised in the ESRI mid-term review of the plan.

However, the Government remains committed to continuing to support and develop this sector. The capital provisions for 2005 for the various social and affordable housing programmes will be determined in due course, following consideration of the five-year social and affordable housing action plans for the period 2004 to 2008, which local authorities have prepared at county and city level. This plan-led approach will focus on achieving maximum output under the programmes and ensuring that this output is delivered in a coherent, integrated and sustainable manner. The main objective in introducing this action plan approach is to ensure that the significant investment available for these programmes and the benefits of the new multi-annual capital envelope approach, achieves the desired effect in the long term by tackling real need and breaking cycles of disadvantage and dependency. Local authorities were asked to take account of the role of the voluntary and co-operative housing sector in preparation of these plans to ensure an integrated approach to meeting housing needs.

Housing Aid for the Elderly.

Cecilia Keaveney

Question:

682 Cecilia Keaveney asked the Minister for the Environment, Heritage and Local Government the position in relation to an application for sheltered housing by an association (details supplied) in County Donegal; and if he will make a statement on the matter. [29417/04]

An application for a grant under the voluntary housing capital assistance scheme has been received from Donegal County Council, which is responsible for the detailed administration of the scheme in its area. Documentation requested was recently received and the application is under consideration. The council will be advised of the outcome as soon as possible.

House Prices.

Seán Ó Fearghaíl

Question:

683 Mr. Ó Fearghail asked the Minister for the Environment, Heritage and Local Government his views on the prospects for moderation in house price inflation; and if he will make a statement on the matter. [29420/04]

My Department does not undertake forecasts of house prices. However, detailed information on house prices is set out in my Department's housing statistics bulletins, copies of which are available in the Oireachtas Library. The rate of house price increase is now considerably lower than in the late 1990s and more recent trends show continuing moderation. I am aware that a number of market commentators have expressed the view that there is likely to be further moderation in house price trends as house completions data indicate another record year of output for 2004. The Government will continue to focus on measures to promote a high level of housing supply in response to demand.

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