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Dáil Éireann debate -
Thursday, 18 Nov 2004

Vol. 592 No. 5

Written Answers.

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

Grant Payments.

Pádraic McCormack

Question:

12 Mr. McCormack asked the Minister for Agriculture and Food if she can guarantee that deductions from farmers’ SFP will not exceed3%, when linear and other cuts are accounted for; and if she will make a statement on the matter. [29297/04]

The position is that a financial envelope has been made available to each member state for distribution to farmers by way of the single payment scheme to be introduced from 2005. The financial envelope represents the average value of livestock and arable aid premia paid in the member state during the three year reference period 2000-02 calculated at 2002 rates of payment. It also includes provision for the decoupled dairy premium payable from next year.

My Department is in the process of calculating entitlements for each farmer and has already issued provisional statements of entitlements to some 130,000 farmers. In addition, my Department is processing applications from farmers who have applied to be treated under force majeure provisions and as new entrants to farming during the reference period. The three year average would not apply to successful applicants under these measures and this would have an impact on the financial ceiling. EU regulations provide that where the sum of individual farmers’ entitlements exceeds the financial ceiling, then a percentage linear reduction in entitlements is to be applied so as to respect the overall financial ceiling. It is too early yet to say whether Ireland is likely to exceed its financial ceiling.

Member states are also obliged to set up a national reserve using up to 3% of individual farmer's entitlements. Under the regulations certain categories of farmers are automatically entitled to make application to the national reserve and, where there are insufficient funds in the initial reserve to provide entitlements to these categories, the member state is obliged to apply a further linear percentage reduction. In allocating entitlements, each member state is obliged to apply objective criteria in determining the number and value of entitlements to be allocated to successful applicants with a view to ensuring equal treatment between farmers.

A single payment advisory committee has been established comprising representatives of the farming organisations and Teagasc to advise on the setting up of the national reserve. It was decided to apply a provisional reduction of 3% to set up the national reserve and this reduction is reflected in the provisional entitlements that have issued to farmers. The advisory committee has had a number of meetings already and my Department has recently asked the committee members for their views on proposals on the objective criteria to be used in allocating entitlements. My officials also continue to be in contact with the European Commission on various aspects of the arrangements for the implementation of the national reserve. It is too early yet to assess the situation with total precision.

Modulation is also to be applied to each farmer's single payment representing 3% in 2005 rising to 4% in 2006 and 5% in 2007. The amounts resulting from the application of modulation will be made available for funding of rural development measures.

Bovine Diseases.

Joe Sherlock

Question:

13 Mr. Sherlock asked the Minister for Agriculture and Food if she has received any report from her officials regarding the discovery of BSE in a goat in France; if she has examined the potential consequences for Irish agriculture of this development; and if she will make a statement on the matter. [29328/04]

Following the findings by a research group in France that they suspect the presence of a TSE infection in a goat's brain which tests cannot distinguish from BSE, the European Commission submitted data received from the French authorities to the Community Reference Laboratory, CRL, for TSEs in Weybridge, England, for an evaluation by an expert panel. This panel will now examine the data from the research project and will advise the Commission on the significance of the findings and the need for any further work.

The Commission also sent the French research data to the European Food Safety Authority, EFSA, for its consideration. Once the CRL experts report, this will also be sent to the European Food Safety Authority. Based on the outcome of the CRL analysis, the Commission will ask EFSA for any necessary updates in its scientific risk assessment in respect of goats.

Pending receipt of the CRL's expert opinion and any follow-up EFSA opinion, the Commission has not proposed any further risk management measures beyond the extensive legislation already in force. The Commission, as well as keeping in close contact with the French authorities, is keeping the medical and veterinary authorities of the member states up-dated.

TSEs are transmissible spongiform encephalopathies, and include BSE in cattle, and scrapie in goats and sheep. The expert panel will evaluate the scientific evidence to see if it indicates the presence of BSE in the goat. The Community Reference Laboratory is expected to present its findings on 24 November 2004.

Agri-Vision 2015.

Seán Ryan

Question:

14 Mr. S. Ryan asked the Minister for Agriculture and Food if she has yet received the report of the agri-vision 2015 committee; and if she will make a statement on the matter. [29329/04]

I understand that the agri-vision committee, chaired by Alan Dukes, has completed the deliberative process and is currently compiling the final report. I hope to have the report shortly.

Milk Quota.

Róisín Shortall

Question:

15 Ms Shortall asked the Minister for Agriculture and Food her views on the imposition of the €9.6 million levy by the European Commission on Irish farmers due to over-production of milk; the steps that can be taken to avert such levies in future; and if she will make a statement on the matter. [29318/04]

In the milk quota year 2003-04 Ireland's national quota of 5.2 billion litres was exceeded by 26 million litres. Consequently, a super levy liability of €9.57 million became payable to the EU Commission. EU and national regulations on the milk quota system specify that, where the national quota is exceeded, the resulting levy must be shared between those producers who contributed to the excess. To that end, each quota holder is responsible for the management of his-her milk quota on the understanding that production in excess of quota may attract a levy liability.

My Department on a regular basis throughout the year publishes estimates of milk deliveries, and the extent to which these are under or over the national quota. It also advises producers to keep in close touch with their co-ops-dairies in this matter.

In the event of an excess production over quota at national level, there is a system in place, under the control of my Department, whereby unused quota is reallocated to certain categories of producer. This system is known as fleximilk and the terms are drawn up following consultation with the main farm organisations and the industry.

The market for dairy products this year has been very strong and producer prices for milk are similar to last year in addition to which a dairy premium amounting to approximately 1.2 cents per litre has been paid directly to producers.

Farm Supports.

Pádraic McCormack

Question:

16 Mr. McCormack asked the Minister for Agriculture and Food her plans to provide greater support for small farmers; and if she will make a statement on the matter. [29207/04]

I am keenly aware of the need to provide support for small farmers particularly in the context of the Common Agricultural Policy. One of the areas where this is possible is the rural environmental protection scheme, or REPS. The latest version of the scheme was introduced in June 2004, and in addition to an average increase of 28% in payment rates, provides for payment of €200 per hectare for the first 20 hectares and €175 per hectare for the next 20 hectares and for further payment digression thereafter. Under the CAP Rural Development Plan 2000-2006, compensatory allowances payable in the disadvantaged areas moved from a payment per animal to a payment based on area. Under the new area based scheme farmers in the disadvantaged areas with a minimum stocking density of 0.15 livestock units per hectare can qualify for payment on up to 45 hectares of land. At present, approximately 99,800 farmers qualify for payments totalling €231 million annually. This represents an average payment of €2,315 compared with an average payment of €1,523 under the old headage schemes. The smaller farmer has clearly benefited under the new scheme which will continue in its present format for 2005 and 2006.

In addition, support may be available under the farm assist scheme, administered by my colleague, the Minister for Social and Family Affairs.

Grant Payments.

Bernard J. Durkan

Question:

17 Mr. Durkan asked the Minister for Agriculture and Food if the single payments support scheme is operating as anticipated; if payments are in line with previously generated expectations; if the farming community have expressed any dissatisfaction in regard to the transitional payments; and if she will make a statement on the matter. [29245/04]

The position is that the new single payment scheme will replace all livestock premia and arable aid schemes and will be introduced in Ireland from 1 January 2005. There are no transitional payments. The scheme is applicable to farmers who actively farmed during the reference years 2000, 2001 and 2002, who were paid livestock premia and-or arable aid in one or more of those years and who will continue to farm in 2005. The gross single payment is based on the average number of animals and-or the average number of hectares — in the case of arable aid — on which payments were made in the three reference years.

My Department has already issued a statement of provisional single payment entitlements to some 130,000 farmers. The statement includes a detailed breakdown of how those provisional entitlements were calculated. Farmers who are not satisfied with the statement may seek a review of their entitlements on a form which is available from all local offices of my Department and from my Department's website.

My intention is that definitive statements will issue early in 2005. Statements of provisional single payment entitlements did not issue to some 17,000 farmers who largely comprise applicants for force majeure-exceptional circumstances, new entrants to farming and inheritance cases. As these applicants are processed, entitlement statements will be issued to them. Arrangements are in place, including a lo-call helpline, for dealing with inquiries from farmers.

In addition, a new dairy premium was introduced for the first time this year. It is coupled to milk production this year and based on milk quota held at 31 March 2004. Payments under the dairy premium commenced on target on 16 October 2004 and €58.5 million has already been paid to 94% of applicants. The dairy premium will be decoupled from milk production in 2005, based on milk quota held on 31 March 2005, and will be added to the single payment scheme.

In accordance with the EU regulations governing the single payment scheme, payments under the scheme are due to commence in December 2005. In general, the farming community has welcomed the single payment. Farmers will now be able to concentrate on producing what the marketplace wants and will no longer have their initiative and energies diverted into concerns about retention periods, census dates and other scheme requirements.

Jan O'Sullivan

Question:

18 Ms O’Sullivan asked the Minister for Agriculture and Food if she has satisfied herself with preparations for the introduction of cross compliance on 1st January 2005; and if she will make a statement on the matter. [29324/04]

I am satisfied with the preparations, which my Department is making for the introduction of cross compliance checking from 2005 onwards. Under the new single payment scheme farmers receiving direct payments 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 the statutory management requirements 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, GAEC, and there will be an obligation on the member state to ensure that there is no significant reduction in the amount of land under permanent pasture by reference to the total area under permanent pasture in 2003. These requirements are collectively termed cross compliance.

As part of the preparations, and in order to inform the farmers and the various interests to the new system and to seek their views, my Department has prepared a consultative document on cross compliance and has made it available to interested organisations. This document which has also been posted on my Department's website takes account of the requirements laid down in the EU regulations and sets out Ireland's proposed approach to the cross compliance obligations that should be respected by farmers receiving direct payments under the single payment scheme.

The objective of this discussion document is to highlight the salient features of the new system of cross compliance both in terms of the standards that should be met and the control requirements. Comments have been sought from interested parties by Friday, 19 November 2004. When consultations are compete my Department will publish a detailed information booklet on cross-compliance requirements for the assistance of applicants under the single payment scheme.

Sugar Beet Quota.

Liam Twomey

Question:

19 Dr. Twomey asked the Minister for Agriculture and Food if her attention has been drawn to the proposed reduction in sugar beet quotas; the persons who own the national beet quota; if, in regard to the proposed alteration to EU quota levels on sugar, the representative of 46 poor countries will ask the EU to keep quota access to present levels; and if she will make a statement on the matter. [29212/04]

I am aware that the EU Commission's proposals for reform of the sugar regime envisage a reduction in sugar quotas across all member states. These proposals will be discussed at the Council of Agriculture Ministers' meeting in Brussels next week but legislative proposals are not expected until next year.

As regards the quota issue, the position is that under the current regulations the national sugar quota must be allocated to the sugar manufacturing enterprises in each member state. In Ireland the entire quota has accordingly been allocated to Irish Sugar Limited, the only sugar manufacturer in this country. The company in turn places contracts with farmers to grow sugar beet sufficient to manufacture the sugar quota.

There is no specific quota for sugar beet. Since there is no provision for the buying and selling of sugar quotas under the existing regulations, quota ownership has never been an issue. However, since the Commission's proposals envisage the possibility of quota mobility in future, a number of member states, including Ireland, have raised the ownership issue at working group level. The Commission has indicated that under the reformed regime, quotas will be allocated and managed in accordance with rules that have yet to be defined.

As regards imports, the position is that the EU has granted market access at zero tariffs to 49 of the least developed countries, LDCs, under the everything but arms or EBA initiative. This concession is being introduced gradually but will be fully effective from 2009. I am aware that the LDCs are concerned that the Commission's reform proposals will, by reducing prices, diminish the benefits of this concession. I am in favour of further dialogue between the EU and the LDCs on this issue.

Food Labelling.

Ruairí Quinn

Question:

20 Mr. Quinn asked the Minister for Agriculture and Food the explorations that are being conducted by the consumer liaison panel in relation to the use of labels for genetically modified produce; and if she will make a statement on the matter. [29326/04]

The consumer liaison panel, at its first meeting in October under its new chairperson Ms Marian Finucane, in dealing with the issue of labelling of GM foods decided to explore the possibility of developing a unique symbol as a clear method of identifying GM produce. The chief specialist on biotechnology within the FSAI is today briefing the consumer liaison panel on the current legislation and options open to them in relation to the labelling of GM foods within the EU. The labelling of foods containing GM products is legislated for under EU Regulation 1829/EC on genetically modified food and feed which insists that any food containing or consisting of GMOs in a proportion of 0.9% or more must be labelled in accordance with the requirements of that regulation.

Live Exports.

Olwyn Enright

Question:

21 Ms Enright asked the Minister for Agriculture and Food the action she is taking to reopen live export markets; and if she will make a statement on the matter. [29202/04]

There is significant trade in live cattle between Ireland and other European Countries and also the Lebanon. The principal destinations for live cattle from Ireland are Northern Ireland, the Netherlands, Italy, Spain and the Lebanon. Last year some 220,862 cattle were exported live to all destinations. So far this year, a total of 102,808 cattle have been exported. This decline can be attributed to buoyant prices for cattle on the home market and a strong export market in beef.

The main traditional third country markets for Irish cattle in the past, which are currently closed to live exports, are Egypt and Libya. While the market in Egypt is open to Irish beef imports, the live trade is closed. An agreement was made in 2000 to open the Libyan market for live animals. However, Libya has stated that logistical problems have prevented the development of this market.

The live trade is a critical component to overall competition in the beef trade. It is my policy that there should be free and open access to all markets both within the EU and in third countries for Irish beef and cattle. I am fully committed to ensuring that the option of exporting cattle live to overseas countries is maintained. My Department, together with Bord Bia and the Department of Foreign Affairs will continue to seek to exploit every opportunity to expand the market for the live trade and beef exports.

Genetically Modified Organisms.

Paul McGrath

Question:

22 Mr. P. McGrath asked the Minister for Agriculture and Food her plans to evaluate the economic implications of the use of genetically modified organisms; the action being taken by her Department to trace the full consignment; and if she will make a statement on the matter. [29200/04]

Tom Hayes

Question:

26 Mr. Hayes asked the Minister for Agriculture and Food the plans she has to evaluate the economic implications of the use of genetically modified organisms; and if she will make a statement on the matter. [29279/04]

I propose to take Questions Nos. 22 and 26 together.

An interdepartmental-interagency working group was established within my Department last year to develop proposals for a national strategy and best practices to ensure the co-existence of GM crops with conventional and organic farming. Part of the group's work programme has been to examine the economic implications of such farming practices.

Preliminary research completed by Teagasc does indicate that the cultivation of certain crops with certain modifications may provide a financial incentive to the Irish farmer. While strands of this research parallel recently completed work in other countries, it does not specifically address the predicted costs of co-existence to the Irish farmer.

The general conclusion of recent Danish and UK research on the economic impact of co-existence on farm profitability is that the costs of complying with the required thresholds for crops of maize, potatoes, cereals, oilseed rape and sugar beet vary from zero to 9% above the costs of growing conventional crops. However, it should be noted that costs described were based on estimates. New labelling and traceability legislation requires that all GM products, including animal feed, have to be properly labelled and be accompanied by the appropriate documentation to facilitate full traceability.

Animal Feedstuffs.

Mary Upton

Question:

23 Dr. Upton asked the Minister for Agriculture and Food if she has put in place a mechanism whereby all animal feed imported will undergo rigorous testing; if she has concerns about the quality and safety of imported animal feed; and if she will make a statement on the matter. [29312/04]

Eamon Gilmore

Question:

35 Mr. Gilmore asked the Minister for Agriculture and Food if she will provide details of the company importing the beet pulp which was found to be contaminated with bone; and if she will make a statement on the matter. [29344/04]

Damien English

Question:

45 Mr. English asked the Minister for Agriculture and Food the action she intends to take in view of the recent case of imported animal feed contaminated with traces of bone to ensure that such an incident is not repeated; and if she will make a statement on the matter. [29201/04]

Liam Twomey

Question:

66 Dr. Twomey asked the Minister for Agriculture and Food if she has conducted a full investigation into two consignments of contaminated beet pulp which arrived here in October 2004; if all procedures regarding importing this feed were followed; the way in which her attention has been drawn to this issue; the steps which were taken by her Department when its attention was drawn to the issue; the issues which remain to be resolved; if she has satisfied herself that none of this feed entered the food chain; the location of these two consignments now; the person who is responsible for dealing with them; and if she will make a statement on the matter. [29213/04]

I propose to take Questions Nos. 23, 35, 45 and 66 together.

Greenvale Limited imported two shipments of sugar beet pulp into Ireland on October 18 and 22 respectively. Samples of the feed material were taken, in accordance with the Department's feedingstuffs control plan, and were found on analysis to contain traces of terrestrial animal bone. A total of 4,160 tonnes of beet pulp was imported in both shipments from Germany via Rotterdam.

Upon notification of the presence of the bone, my Department put into operation the provisions of its contingency plan for animal feed and the provisions of the standard operating procedure for dealing with such cases which was recently negotiated with the Irish Grain and Feed Association. The EU Commission was also informed by means of the rapid alert system for food and feed.

The success of the above procedures resulted in 96% of the original consignment being detained or recalled to the port stores. The remainder was incorporated into a total of 880 tonnes of animal feed that was sold to 234 farmers. As a precautionary measure a total of 1,770 tonnes of animal feed, significantly in excess of the feed manufactured from the pulp in question, was recalled from these farmers and is currently under detention in dedicated stores. The importer has been asked to submit proposals regarding the disposal of the detained product for consideration by my Department.

Following discussions with the FSAI during which the risks involved were analysed, and given the low level of contamination and the extensive recall of affected material, my Department is satisfied that the danger to human and animal health is negligible. It must also be noted that while the bone spicules detected in the consignment were of animal origin, it is not possible to determine from what species they originated.

My Department operates very stringent controls on imports of animal feedingstuffs at all levels of the feed chain, including the sampling and analysis for the presence of bone spicules of all imported bulk shipments of feed materials. These controls are based on the provision of EU directives which permit random sampling on non-discriminatory basis. The standard operating procedures or SOP for the sampling, analysis and follow-up of positive results for processed animal proteins in animal feedingstuffs are implemented. The SOP, inter alia, provides for the detention of imports from third countries, selected on a risk criteria basis, which cannot be released into circulation until the microscopic analysis results are available. There is also a specific contingency plan in place in the Department for dealing with feed safety incidents in which the FSAI is closely involved.

This country has a high dependence on imported animal feed. It should be recognised that this is only the third such incident in two years, during which time some 1,600 consignments of feed were imported involving over 5 million tones. I am satisfied that the inspection and control procedures in place which are aimed at detecting contamination at the earliest possible stage and preventing or containing the movement of the contaminated material into the feed chain are working effectively and efficiently.

Food Safety Standards.

Jimmy Deenihan

Question:

24 Mr. Deenihan asked the Minister for Agriculture and Food the way in which new EU proposals for food business operators, particularly official controls on products of animal origin intended for human consumption, will impact on farmers; and if she will make a statement on the matter.

The EU hygiene package of legislation was adopted earlier this year. This legislation stems from the white paper on food safety which was published by the Commission in 2000. That paper advocated the farm to fork approach to food safety and the setting up of the European Food Safety Authority, EFSA. Regulation 178 of 2002 has established the EFSA and provided the framework for this farm to fork approach.

The hygiene package of food legislation consists of two directives and three regulations. A regulation laying down the requirements for feed hygiene will be introduced shortly, which mirrors to a large extent the food legislation. In addition Regulation 882 of 2004 on controls deals with the verification of compliance with feed and food law, animal health and animal welfare rules. All these measures effectively bring together, update and consolidate EU food and feed legislation. They cover all food business operators throughout the food chain from farmer to retailer and the controls involved are operated by a number of Departments and official agencies in Ireland.

Most of the elements of the legislation referring to food and feed safety will come into effect from 1 January 2006. They also form part of the cross compliance controls for the single payment. There is ongoing consultation between my Department and a number of other Departments and agencies to finalise the implementation of all of these regulations.

The regulations will require, among other things, that primary producers are registered. While they are exempted from the requirements of HACCP, hazard analysis and critical control points, primary producers are required to follow good hygiene practice. This includes issues relating to transport, condition of animals, facilities and products. Appropriate guidelines will be drawn up in consultation with the Commission, the food business sector and other interested parties.

Meat Imports.

Trevor Sargent

Question:

25 Mr. Sargent asked the Minister for Agriculture and Food the details of her knowledge regarding the shortcomings in relation to the traceability of meat products being imported into Ireland in view of the strict standards on hormones which do not operate elsewhere; and the action she will take to address this issue in the EU, WTO and elsewhere. [29371/04]

As a member of the European Union and the World Trade Organisation, Ireland is in a position to avail of trade opportunities and is obliged to respect the obligations membership of such organisations may bring. To minimise any risks that might be associated with trade with third countries there are harmonised rules governing the importation of animal products such as meat.

It is a general requirement that animal products imported in the EU from third countries meet standards at least equivalent to those required for production in, and trade between, EU member states. All meat imports must therefore come from third countries or areas of third countries approved for export to the EU. The food and veterinary office carries out audits of the controls in place in third countries.

In order to be an approved third country a country must appear on a list drawn up and updated on the basis of EU audits and guarantees given by the competent authority of the exporting country; have veterinary controls equivalent to those applicable in the EU, particularly in terms of legislation, hygiene conditions, animal health status, zoonosis controls and other food law; and submit a residues monitoring plan that demonstrates that their controls regarding prohibited substances and veterinary medicines generally are equivalent to those in the member states of the EU. In some countries so called "split production systems" exist whereby animals reared for export and for slaughter for export to the EU come from herds that have not been given substances that have been banned in the EU.

The FVO carries out inspections to ensure that only establishments that meet hygiene and health standards equivalent to those operating within the EU are approved. Exporting establishments must have standards equivalent to the requirements for EU export establishments, effective control systems and supervision by the competent authorities and traceability/labelling in accordance with the systems approved by the FVO and accepted and notified to the EU member states.

Consignments from third countries must first be landed at a border inspection post or BIP that has been approved by the FVO and must undergo documentary, identity and physical checks. These checks are carried out at frequencies laid down in EU law. In Ireland, BIPs approved for the processing imports of animal products are located at Dublin Port and Shannon Airport. Imported meat must be accompanied by the appropriate commercial documentation showing country and approval number of the establishment of production and a health certificate conforming to the models set down in EU legislation. The meat must also be labelled.

The FVO carries out monitoring and inspection of each member state's BIPs to ensure the conditions for import of animal products into Europe, provided under the harmonised legislation, are being correctly applied. Where there are concerns with regard to the effectiveness of controls being operated in an approved third country the EU Commission, in consultation with the standing committee on animal health and the food chain, may introduce specific controls by means of a safeguard measure to ensure the protection of human and animal health. Safeguard measures limiting or banning the export of animal products from EU countries or regions of countries may also be implemented where, for example, the conditions of an animal disease outbreak could seriously effect production and trade in animal products in the EU.

Question No. 26 answered with QuestionNo. 22.

Sugar Beet Quota.

Martin Ferris

Question:

27 Mr. Ferris asked the Minister for Agriculture and Food if she will make a statement on the future of the sugar industry here in view of the proposed changes at EU level and within the WTO negotiations. [29190/04]

Phil Hogan

Question:

53 Mr. Hogan asked the Minister for Agriculture and Food the discussions she has had with her EU counterparts regarding the proposed cut to sugar beet quotas; and if she will make a statement on the matter. [29277/04]

Jimmy Deenihan

Question:

54 Mr. Deenihan asked the Minister for Agriculture and Food her position on the review of the beet quota regime; and if she will make a statement on the matter. [29210/04]

Billy Timmins

Question:

55 Mr. Timmins asked the Minister for Agriculture and Food her plans to reduce the Irish beet quota; and if she will make a statement on the matter. [29211/04]

Paul McGrath

Question:

67 Mr. P. McGrath asked the Minister for Agriculture and Food the current demand and capacity for sugar in this country; the implications which a reduction in beet quota would have on this situation; and if she will make a statement on the matter. [29278/04]

I propose to take Questions Nos. 27, 53 to 55, inclusive, and 67 together.

Sugar production in all EU member states is regulated by the EU sugar regime. This regime, which runs until June 2006, has remained fundamentally unchanged since it was first put in place back in 1968. Its main purpose is to ensure a fair income to Community sugar beet growers, to ensure constant supplies to processors and to guarantee a supply of high quality sugar at reasonable prices to EU industry and the domestic market. The regime has worked well in delivering on these objectives. Through the system of sugar production quotas, export refunds and import levies, EU sugar prices have been kept stable but at a level well above world market prices.

The EU regime specifies a sugar manufacturing quota for each member state which is reviewed each year in the context of the Community's WTO obligations. Ireland's national sugar quota for the 2003-04 marketing year was 197,498 tonnes. Actual sugar production in Ireland for that year was 223,746 tonnes. Consumption of sugar in Ireland for 2003 was approximately 158,000 tonnes.

Reform of the sugar regime, which was not covered in the main CAP reform process of 2003 and 2004, has now come high on the EU agenda because of developments at WTO level and other international pressures. The EU Commission outlined its broad reform proposals by way of a communication addressed to the Council and the European Parliament in July. These will be discussed at next week's Council of Agriculture Ministers' meeting in Brussels but legislative proposals are not expected until some time next year. The proposals envisage substantial reductions in the prices for both sugar and sugar beet and a reduction in quotas across member states. A system of direct payments is proposed to partially compensate farmers for the income losses resulting from the price cuts.

I have already made it clear that the Commission's proposals in their current form are unacceptable because of the serious repercussions they would have for the sugar beet growing and processing industry in this country. In any event, I think it would be unwise to rush into reform before we know the implications of the outcome of the WTO panel and the WTO Doha round, as well as the effects of sugar imports under the various preferential import agreements. The EU has decided to appeal the ruling by the WTO panel in the action taken by Australia, Brazil and Thailand against aspects of the EU sugar regime.

I anticipate that there will be difficult and protracted negotiations on the reform proposals. Already there have been several meetings under the Dutch Presidency to discuss the proposals at the level of Council working group and the special agriculture committee and my officials are in regular contact with their counterparts in other member states to promote our interests. My overall objective in these discussions is to protect the viability of sugar beet growing and processing in this country and I will be working vigorously, in common with like-minded member states, towards that end.

Live Exports.

Simon Coveney

Question:

28 Mr. Coveney asked the Minister for Agriculture and Food the action she is taking to re-open the live export trade following the imminent withdrawal of the European diplomat; and if she will make a statement on the matter. [29197/04]

Bernard J. Durkan

Question:

58 Mr. Durkan asked the Minister for Agriculture and Food her views on the best way to make provision for the situation arising from the cessation of shipping facilities for live cattle exports with particular reference to the need to ensure that producers have an alternative facility; and if she will make a statement on the matter. [29244/04]

I propose to take Questions Nos. 28 and 58 together.

The Government has consistently supported the continuance of the live export trade as a vital market outlet for Irish farmers. Regarding the transport of animals by sea, my Department's function is to approve sea vessels for the carriage of livestock by working closely with applicant companies to ensure that the conditions aboard such vessels are consistent with national and EU animal welfare requirements. Within this framework, 18 dedicated livestock vessels and three roll on roll off vessels have been approved for the carriage of cattle since 1995. However, the actual provision of such services is a commercial matter.

Following recent announcements of the impending cessation of direct shipping services between Ireland and mainland Europe, my Department has been urged to intervene by subsidising the trade or by compelling shipping companies to carry livestock. Regrettably, it is not possible under EU law for the State to intervene in either manner. The European Commission previously ruled that State aid paid to secure a similar shipping service to the Continent was unlawful.

I can assure the Deputies, however, that my Department is exploring all options within its power to ensure the continuation of the live export trade. I have met a number of stakeholders in the industry and have raised the possibility of re-opening the landbridge through the UK with Commissioner Byrne. Officials of my Department are also working closely with prospective service providers on providing an alternative ferry service. Nevertheless, the transport of live animals is ultimately a commercial matter and my Department has approved a sufficient number of vessels to provide a service if the commercial demand exists.

Animal Feedstuffs.

Eamon Gilmore

Question:

29 Mr. Gilmore asked the Minister for Agriculture and Food if she has concerns that while there is a simmering crisis for beet growers here, that animal feed produced from beet pulp is being imported; and if she will make a statement on the matter. [29332/04]

Sugar beet pulp is an important constituent of feed rations in Ireland. In 2003 some 100,000 tonnes of home produced sugar beet pulp was incorporated into feed. However, Ireland has a significant shortfall in animal feed ingredients and imports around 2.8 million tonnes in total each year. Sugar beet pulp accounted for 65,000 tonnes of these imports last year.

The EU Commission's proposals for reform of the sugar regime would, in their current form, have serious repercussions for sugar beet growing in this country. The proposals will be discussed at next week's Council of Agriculture Ministers' meeting but legislative proposals are not expected to emerge until next year. In the forthcoming negotiations my objective will be to protect the viability of sugar beet growing and processing in this country.

Farm Household Incomes.

Martin Ferris

Question:

30 Mr. Ferris asked the Minister for Agriculture and Food if she will make a statement on the effect which milk prices are having on farm incomes. [29189/04]

Given the importance of the sector in this country, milk production is a significant contributor to farm incomes. This year has been a good one for the dairy sector and the market has been very buoyant with strong demand for the main dairy products. Consequently, producer prices in Ireland are similar to last year, notwithstanding the reduction in the intervention prices agreed as part of the CAP mid-term review. Producers have recently been paid a dairy premium amounting to approximately 1.2 cents per litre as partial compensation for the reduction in the intervention price levels.

Consolidation of Holdings.

Breeda Moynihan-Cronin

Question:

31 Ms B. Moynihan-Cronin asked the Minister for Agriculture and Food if she will consider proposals to overcome the problems associated with fragmented farms to allow farmers to exchange land in order to facilitate better management; and if she will make a statement on the matter. [29349/04]

Decisions affecting the structure of privately owned land are primarily a matter for the individual owners themselves. Given the small quantities of land coming on the market and high land prices, I am aware of the difficulties associated with consolidation of holdings. The most effective way to improve small and medium size farm viability is within the framework of EU schemes and farmers are encouraged as far as possible to participate in all schemes for which they are eligible.

Beef Exports.

Mary Upton

Question:

32 Dr. Upton asked the Minister for Agriculture and Food if she will supply a list of beef exporters, those exporters supplying to the Russian market, the total amounts of beef exported by each company in 2003 and 2004 and the amount supplied by each exporter to the Russian market in 2003 and 2004; and if she will make a statement on the matter. [29311/04]

A current list of EU export-approved beef plants is circulated with the Official Report. A separate list of plants within that group which have been approved by Russia for export to that country is also circulated. It is not appropriate to provide a breakdown of each company's exports to Russia for the years in question as this is commercially sensitive information.

Russia is currently the main third country market for Irish beef. Last year, Irish beef exports to Russia amounted to approximately 75,000 tonnes. To date in 2004 an estimated 37,300 tonnes were exported. It is likely that the final outturn for the year will be less than 2003 due to the fact that the EU market is currently substantially in deficit and absorbing more Irish product than last year.

Live Exports.

Simon Coveney

Question:

33 Mr. Coveney asked the Minister for Agriculture and Food her plans to facilitate the export of live cattle through the UK to European markets; and if she will make a statement on the matter. [29198/04]

The dispatch of live cattle from the UK is currently prohibited by virtue of an EU Council decision of 16 March, 1998. Following the recent announcements of the impending cessation of direct shipping services between Ireland and mainland Europe, I wrote to Commissioner Byrne last week seeking urgent amendment of the relevant decision in order to allow non UK cattle transit the UK en route to continental markets. At this week's meeting of the EU standing committee on the food chain and animal health, the European Commission indicated its willingness to bring forward a proposal on this matter at an early date.

Grant Payments.

Denis Naughten

Question:

34 Mr. Naughten asked the Minister for Agriculture and Food the discussions she has had with the EU Commission to index link the single farm payment; and if she will make a statement on the matter. [29191/04]

The position is that the agreement on the mid-term review of Agenda 2000 reached at the Council of Agricultural Ministers on 26 June 2003 provided a financial envelope to each member state. This envelope represented the average value of livestock and arable aid premia paid in the member state during the three-year reference period 2000-2002 calculated at 2002 rates of payment. The outcome, which will reshape the Common Agriculture Policy and secure its future in making it more relevant to modern society, was a balanced one which addressed Ireland's principal objectives. Among these objectives was the preservation of the financial benefits achieved under the Agenda 2000 agreement and the establishment of a policy framework that will allow farmers and the agri-sector the flexibility to adapt to evolving consumer and market demands and international circumstances.

Index linking of the single payment scheme was not an element of the Commission's proposals. There was however, a proposal to provide for a reduction of up to 13% in the single payment, known as degression, to meet future financing needs. I believe one of the major achievements in the negotiations was the removal of this proposal. The removal of this particular provision meant a saving of some €420 for Ireland over the lifetime of the agreement. The compromise agreed was to allow the Council to review, from 2007 onwards, the financial situation annually if budget deficits arise.

Question No. 35 answered with QuestionNo. 23.

Food Labelling.

Paul Nicholas Gogarty

Question:

36 Mr. Gogarty asked the Minister for Agriculture and Food if she will report on when the labelling of Irish beef, pork, chicken and lamb will be put in place throughout the wholesale, retail and restaurant sectors; and if she will make a statement on the matter. [29379/04]

All meat products sold at retail level in Ireland are subject to the general labelling requirements set out in national and EU legislation. With regard to beef, EU regulations provide for a detailed labelling system to be applied at retail sale, which is over and above the general labelling provisions. There is a however a gap in these requirements in so far as they do not apply at restaurant and catering sector level. It is my intention to proceed with a legal requirement that country of origin must be displayed in respect of beef served on such premises. The legal options allowing for this development are being examined at present.

As regards lamb and pork, these products are already subject to the general food labelling regulations. As regards country of origin I am considering how best to implement the recommendations of the food labelling group in respect of labelling of these products sold at retail level.

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

Seán Ryan

Question:

37 Mr. S. Ryan asked the Minister for Agriculture and Food if her attention has been drawn to any other recent mislabelling of beef for export, apart from that referred to in Parliamentary Question No. 2 of 13 October 2004 (details supplied); and if she will make a statement on the matter. [29330/04]

In the course of its investigation into certain practices in a licensed beef processing plant, my Department has extended its examination to other plants involved in similar trade in order to ensure compliance with the terms of specifications for the non-EU market concerned. On the basis of preliminary results, I have no reason to believe these practices were widespread.

Poultry Industry.

Brendan Howlin

Question:

38 Mr. Howlin asked the Minister for Agriculture and Food the number of trained auxiliary staff that are in place throughout the country with regard to trained auxiliary staff at poultry meat plants; the number of shifts these staff have carried out in each plant since they were trained in on-line inspection; the type of staff that are doing the inspection work at present; the employment status of the trained auxiliary staff compared with the staff carrying out the work at present; the overall cost on a monthly basis for the staff carrying out this work at present; the way in which this would compare with the cost of employing trained auxiliary staff; if she has satisfied herself that the current method of inspection at poultry meat plants is the most cost effective and efficient manner by which this work can be carried out; if she has plans to review the system for engaging on-line inspection staff for poultry meat plants; and if she will make a statement on the matter. [29356/04]

There are nine trained auxiliary staff at poultry meat plants throughout the country. The number of shifts that five of the staff have carried out in their plants since they were trained is one per day. The other four staff are engaged in hygiene duties in the poultry meat plants.

Veterinarians are doing the inspection work at present. The trained auxiliary staff are employed on a permanent basis and the veterinary staff carrying out the work at present are engaged on a temporary basis. The overall cost on a monthly basis for the staff carrying out this work at present and the way in which this compares with the cost of employing trained auxiliary staff is not immediately available. This information will be compiled and forwarded to the Deputy within a week.

The current method of inspection at poultry meat plants has served both the industry and the Department in good stead throughout the years. It is intended to review staffing levels at meat plants, work practices, attendance patterns and levels of supervision in relation to the requirements of current and forthcoming legislation and this review will include poultry meat plants.

Food Prices.

Willie Penrose

Question:

39 Mr. Penrose asked the Minister for Agriculture and Food if her Department’s consumer liaison panel has taken further steps to address the lack of transparency in food pricing; and if she will make a statement on the matter. [29320/04]

Willie Penrose

Question:

72 Mr. Penrose asked the Minister for Agriculture and Food the nature and objectives of her Department’s investigation into high food prices here; and if she will make a statement on the matter. [29319/04]

I propose to take Questions Nos. 39 and 72 together.

My Department is providing funding to the consumer liaison panel from the food institutional research programme to enable the panel to commission an independent study to assess the data sources on the price of food in Ireland and to recommend a model for monitoring the share of the price of key foods absorbed at different stages of the food chain. The consumer liaison panel was established to facilitate and strengthen communications between consumers and the Department and consists of representatives of the Consumers Association of Ireland, the Irish Congress of Trade Unions, the Irish Countrywomen's Association, the voluntary and community sector platform and representatives of the consumer base of the major food retail outlets.

The consumer liaison panel sought to have this independent study carried out as it was concerned at the lack of solid price data at various stages of the food chain which has made it difficult to reach conclusions on the share of the final retail price going to each sector along the price chain. I understand that tenders have been received and I look forward to the outcome of the study, which I am hopeful will bring a much clearer understanding of food price formation.

World Trade Negotiations.

Olwyn Enright

Question:

40 Ms Enright asked the Minister for Agriculture and Food her position regarding the abolition of export credit refunds by the EU; and if she will make a statement on the matter. [29209/04]

I assume that the Deputy is referring to the agreement on the framework for the new WTO round which was reached in August 2004. The framework agreement provides for the elimination, in annual instalments, by a date to be agreed, of export subsidies, export credits, export credit guarantees or insurance programmes with repayment periods over 180 days and the trade distorting practices of state trading enterprises. Export credits, guarantees and insurance schemes with repayment periods of less than 180 days and arrangements for the provision of food aid will be subject to new disciplines to be negotiated, the latter to avoid abuses of food aid.

I believe that the framework agreement represents a satisfactory outcome from Ireland's point of view. All forms of export subsidy, including the EU's system of export refunds, will be subject to similar disciplines thereby ensuring equal competition on the world market. I will be aiming, in the final negotiations on the new round, to ensure the most favourable phasing arrangements for Irish exporters and full parallelism in the treatment of all forms of subsidy. Agreement on the round is not expected before the WTO ministerial conference which will be held in December 2005.

State Agencies.

Damien English

Question:

41 Mr. English asked the Minister for Agriculture and Food her plans to develop the Teagasc service provided to farmers; and if she will make a statement on the matter. [29195/04]

Teagasc, the agriculture and food development authority, was established under the Agriculture (Research, Training and Advice) Act 1988. Its function under the Act is to provide research, training and advisory services for the agri-food sector. Teagasc is governed by an 11 member authority. The chairman and five ordinary members are appointed by the Minister and the remaining five members are appointed by the Minister following nominations from designated organisations — IFA, ICMSA, ICOS, Macra na Feirme and Teagasc unions.

Teagasc has 1,365 permanent staff, comprising advisers, teachers and research scientists with appropriate supporting services. These are complemented by 250 contract staff, as well as teaching staff in the private agricultural and horticultural colleges. Teagasc staff carry out their functions from more than 90 locations.

Teagasc's operating budget for 2004 amounts to over €153 million. Advisory services make up the biggest budget item — 35% of expenditure — followed by production research — 32% — training programmes — 19% — and food research — 13%. My Department's provision to Teagasc for non-capital purposes in 2004 amounts to €117 million. While no funding for capital development purposes was directly provided from the Exchequer in 2004, Teagasc may use up to €7 million of the retained proceeds from the sale of its assets in 2003 and 2004 to fund its capital programme this year. By any standards these are substantial resources and are a clear indication of the Government's continuing commitment to supporting Teagasc activities.

It is the responsibility of the Teagasc authority to prioritise activities and to allocate its funding accordingly. This it has done over the years in accordance with the needs of clients, EU and Government policy and industry needs. I am satisfied that in doing so it has provided a first class service to Irish farmers.

In the short term, Teagasc will have to reconfigure its programmes in response to the fundamental changes in agriculture arising out of the single payment. The authority is however already well accustomed to tailoring its programmes to meet the changing requirements of the agri-food sector. Its annual programme of activities is developed in consultation with the key stakeholders in the sector many of whom are represented on the authority. Recently it has undertaken more strategic planning initiatives, the Teagasc 2000 review and the three year strategy required under the strategic management initiative. A new review of its training and education programmes has recently got underway.

I am satisfied that Teagasc is well placed to face the future and to continue to provide the innovation and technology transfer for the sustainable development of agriculture, the food industry and rural communities in the years ahead.

Food Labelling.

Olivia Mitchell

Question:

42 Ms O. Mitchell asked the Minister for Agriculture and Food the action she is taking to ensure that all third country beef is properly labelled; and if she will make a statement on the matter. [29193/04]

Beef imports into the European Union from third countries must have been sourced in countries and in premises that are currently listed and approved by the European Commission and which are subject to veterinary audits by the EU's food and veterinary office. In addition, such imports are subject to checks laid down in the harmonised rules prescribed at European level, and must be accompanied by the prescribed veterinary health certification from the competent authorities in the country of export.

The Community beef labelling requirements, which are compulsory in all member states, apply to beef sold at retail level within the Community, regardless of whether that beef was produced within the Community or in a third country. Where beef is imported into the Community from a third country that beef must, at a minimum, be labelled as "Origin: non-EC" along with an indication of the third country in which slaughter took place. There is a gap in these requirements in so far as they do not apply at restaurant and catering sector level. It is my intention to proceed with a legal requirement that country of origin must be displayed in respect of beef served on such premises. The legal options allowing for this development are being examined at present.

Food Industry.

Jack Wall

Question:

43 Mr. Wall asked the Minister for Agriculture and Food if she will elaborate on her recent call on the Irish food industry to respond speedily and imaginatively to increased concentration and internationalisation of supermarket chains; and if she will make a statement on the matter. [29313/04]

The strength of the Irish food industry has been built on establishing positions in export markets as Irish agricultural production far exceeds the demands of the domestic market. Export markets are becoming increasingly integrated and transnational particularly at buyer and retail level. The range of product, the speed of change driven by increased consumer demands for value, traceability, convenience, indulgence and wellness and, at the supplier level, world-class production and management techniques are well understood by large supermarket chains.

This highly competitive environment offers opportunities for exporters with strong innovation and marketing capacity and world-class management and production processes. The Irish food industry has shown itself to be capable of rapid modernisation, expanding its product range to a point where prepared consumer foods now account for 15% of food exports and commodity trading is less important. Maintaining and improving on this position requires an even closer understanding of market opportunities and developing the innovative products to grasp them. Indeed, the report of the enterprise strategy group has identified marketing and world class technology as key components for moving "ahead of the curve".

The research, investment and marketing measures for the food sector which have been provided in the national development plan together with close co-operation between Departments, agencies and industry will assist in developing these market opportunities.

Live Exports.

Phil Hogan

Question:

44 Mr. Hogan asked the Minister for Agriculture and Food the impact to the live trade of France obtaining IBR-free status; the measures she is taking to ensure that Irish export routes are protected; and if she will make a statement on the matter. [29199/04]

Member states of the EU can seek additional guarantees in relation to intra-Community trade in bovine animals where that is provided for in EU legislation. Commission Decision 2004/558/EC (July 2004) specifies that additional guarantees in respect of infectious bovine rhinotracheitis, IBR, can be sought by Finland, Denmark, Sweden, Austria, Germany and the Bolzano region of Italy, when other countries are exporting live cattle to those named member states or specified regions of member states.

France is not listed in Commission Decision 2004/558/EC as a member state to which additional guarantees for IBR apply and is therefore not in a position to seek such additional guarantees.

Question No. 45 answered with QuestionNo. 23.

EU Directives.

Emmet Stagg

Question:

46 Mr. Stagg asked the Minister for Agriculture and Food the discussions she has held recently with farm organisations regarding the nitrates directive; her views, from an agricultural perspective, on the recent report (details supplied); and if she will make a statement on the matter. [29316/04]

The implementation of the nitrates directive is a matter for the Minister for the Environment, Heritage and Local Government in the first instance. Mr. Denis Brosnan was appointed by the Minister for the Environment, Heritage and Local Government to act as an independent adviser in relation to the draft national action programme to implement the directive. I understand that Mr. Brosnan met a number of stakeholders, including the farming organisations, to discuss their concerns before finalising his report. Based on Mr. Brosnan's report and recommendations, the action programme was finalised by the Department of the Environment, Heritage and Local Government together with my own Department and submitted to the European Commission in October.

In line with the Government's commitments made under Sustaining Progress, the farming organisations have been involved on a number of occasions in discussions on the implementation of the nitrates directive.

Beef Industry.

Pat Rabbitte

Question:

47 Mr. Rabbitte asked the Minister for Agriculture and Food if the Garda has completed its investigation into the recent beef mislabelling fraud; if so, their findings; and if she will make a statement on the matter. [29331/04]

I am aware that the Garda investigation is continuing into certain practices in a licensed beef processing plant and while this continues to be the case it would be inappropriate for me to comment further on the matter. The timescale for completion of the investigation is obviously a matter for the Garda authorities.

EU Regulations.

Brian O'Shea

Question:

48 Mr. O’Shea asked the Minister for Agriculture and Food if she will support a call from the ICMSA for a yellow card system for farmers in breach of EU regulations; the terms of the new inspection rules to ensure compliance on farms; and if she will make a statement on the matter. [29322/04]

Under the provisions of the single payment scheme any farmer receiving direct payments must respect the various statutory management requirements set down in EU legislation — directives and regulations — on the environment, food safety, animal health, and welfare, and plant health and must maintain the farm in good agricultural and environmental condition, GAEC. In general, the rate of inspection required for cross-compliance is 1% of those farmers to whom the relevant statutory management requirements or good agricultural and environmental conditions apply. However, at least 5% of producers must be inspected under the animal identification and registration requirements, as this is the level prescribed under the relevant regulations.

Where breaches of cross compliance provisions are detected the level of penalty to be applied will be determined on the basis of an assessment of the importance of the non- compliance set out in the control report. If the non-compliance is due to negligence then, normally, the penalty is 3% of the aid for the year in question. However taking account of the permanence, extent or severity of the non-compliance the 3% penalty may be reduced to 1% or increased to 5%. If repeated non-compliance is found then the penalty established will be multiplied by three up to a maximum of 15% of the aid.

If intentional non-compliance is found then the penalty is 20% of the direct payments referred under Council Regulation 1782/93 for the year in question. However, on examination of the control report and taking account of the permanence, extent or severity of the non-compliance the 20% may be reduced to 15% or increased to 100%.

Under the new rules relating to cross compliance, where provisions relating to the requirements or standard in question leave a margin not to pursue the non-compliance found the control report shall make a corresponding indication, and it may be possible not to apply any reduction in such cases. The extent to which this provision can be used is very limited but my Department is examining this provision with a view to clarifying to what extent, if any, it can be used to underpin a warning system

World Trade Negotiations.

Gay Mitchell

Question:

49 Mr. G. Mitchell asked the Minister for Agriculture and Food the discussions she has had with the EU Commission regarding the next round of the WTO; and if she will make a statement on the matter. [29208/04]

The Commission negotiations in the WTO on behalf of the EU on the basis of a mandate agreed by the Council. Commissioner Fischler reported on the up to date situation in the negotiations to the October meeting of the Council of Ministers, which I attended. My officials are participating in the technical discussions which are currently under way. I intend to avail of the earliest opportunity to discuss this, and other issues, with the new Commissioner following her appointment.

Food Labelling.

Dan Neville

Question:

50 Mr. Neville asked the Minister for Agriculture and Food the action she intends to take to improve food labelling; and if she will make a statement on the matter. [29203/04]

There have been a number of developments in the area of food labelling, most of which emanated from the report of the food labelling group which was established in June 2002. The group reported in December of that year with a series of recommendations. The recommendations were accepted. As food labelling is a particularly complicated and broad based area, involving a number of Departments and agencies, an interdepartmental-agency group was established to progress the implementation of the report.

The position in December 2002 in relation to responsibility for food labelling was as follows. The Department of Enterprise, Trade and Employment had policy responsibility for the main piece of legislation for the labelling, presentation and advertising of foodstuffs, namely, the European Council Directive 2000/13/EC. The Director of Consumer Affairs was responsible for the enforcement of that directive. The Department of Health and Children was responsible for policy on other food labelling legislation such as nutrition claims and novel foods, with the Food Safety Authority of Ireland, FSAI, having responsibility for enforcement of the legislation. The Department of Communications, Marine and Natural Resources was responsible for the policy on labelling of fish and fish products with the FSAI again responsible for enforcement. My Department was responsible for policy in relation to legislation on the labelling of specific products ranging from beef, poultry and sugar to spirit drinks, coffee and fruit juices. The FSAI was responsible for the enforcement of the beef labelling regulations and the health boards operated the controls on the other products under the general aegis of my Department.

Good progress has been made to date in relation to the implementation of the recommendations in the labelling report. There were a total of 21 recommendations, many of which are beyond the remit of my Department and some of which were to be activated only after others had been completed. The two main issues that emanated from the recommendations of the labelling group were centralising enforcement in one agency and the definition of origin.

Enforcement of all of the food labelling regulations has now been centralised in the Food Safety Authority of Ireland. This will not only streamline the enforcement measures but it will also provide a one-stop shop for any complaints on mislabelling of food. Incidentally, as part of the centralisation of enforcement, the centralisation of food labelling policy, with the exception of fish, in both the Department of Health and Children and my Department achieves another recommendation of the food labelling group.

There was full agreement within the food labelling group that consumers have a right to information on the origin of the meat they cook in their homes or eat out. While the group could not agree on how origin should be defined, there was unanimous agreement that further research was necessary to establish consumers' wishes in this area. The consumer liaison panel has carried out this research, the results of which were presented in December 2003.

At the beginning of this year, two regulations in relation to the labelling of poultry meat were introduced. The first of these regulations requires poultry meat — loose and pre-packaged — originating in a country outside the EU to bear an indication of the country of origin when offered for sale in a retail premises. The second, requires information regarding class, price per unit weight, condition and slaughterhouse details in respect of loose poultry meat — that is, non-prepackaged — to be provided to the consumer.

The principal remaining issue involves the labelling of origin of beef in the restaurant and catering sector. It had been intended to extend the existing rules by means of a statutory instrument. The enabling national legislation under which it was planned to draw up a statutory instrument has proved inadequate for the purpose. Primary legislation is now being considered in conjunction with the Department of Health and Children possibly involving a change to the Health Act 1947. Once enacted, statutory instruments will be introduced to cater for specific labelling requirements.

On the food labelling issue in general, I must emphasise that my primary aim is to protect consumer interest and to ensure that the consumer is properly informed. Ireland is a major exporter of food and food products and indeed there are also considerable imports, so it is imperative that the same standards are applied to the labelling of foods in every sector and that there is a level playing field for the food industry at all levels. I hope to achieve this through the implementation in as full a manner as possible of the recommendations of the food labelling group.

Decentralisation Programme.

Joe Sherlock

Question:

51 Mr. Sherlock asked the Minister for Agriculture and Food if she will report on progress on the decentralisation of her Department and State agencies under her remit; the number of civil servants in her Department and the State agencies under the remit who have applied to move under the CAF; and if she will make a statement on the matter. [29327/04]

Since the Government's announcement, my Department has established a decentralisation implementation committee, to plan and control the process. Tangible progress has been made on the decentralisation of my Department to Portlaoise already, with some 50 staff having been assigned there in July. It is envisaged that at least a further 50 will be relocated there during 2005.

The number of my Department's staff who have applied to move to these locations under the decentralisation programme is: 72 to Portlaoise, 45 to Macroom and 43 to Fermoy. Bord Glas has been amalgamated with An Bord Bia with effect from 1 July 2004. The necessary structures have been put in place in An Bord Bia to deal with the implementation of the decentralisation programme. Some 18 Bord Bia staff have applied to move to Enniscorthy.

Food Labelling.

Richard Bruton

Question:

52 Mr. R. Bruton asked the Minister for Agriculture and Food the action she intends to take in respect of labelling of beef as highlighted in the Food Safety Authority survey of October 2004; and if she will make a statement on the matter. [29194/04]

I understand that the final report on the outcomes of the survey is in preparation by the Food Safety Authority of Ireland and will be published before the end of December. My Department has not been given a copy of the report because the breaches of labelling regulations identified in the draft report were detected at premises other than those for which this Department has responsibility under the service contract with the FSAI.

Questions Nos. 53 to 55, inclusive, answered with Question No. 27.
Question No. 56 answered with QuestionNo. 11.

Rural Environment Protection Scheme.

Brian O'Shea

Question:

57 Mr. O’Shea asked the Minister for Agriculture and Food her estimates of the likely take-up of the REP 3 scheme; if she has satisfied herself with this number; the length of time into the future the REP scheme is likely to continue; and if she will make a statement on the matter. [29321/04]

The rural environment protection scheme, REPS, is Ireland's agri-environment programme under Council Regulation (EC) No 1257/1999. This regulation remains in force until 31 December 2006. Formulation of a new Council regulation for the next programming period, 2007-2013, is at an advanced stage. The new regulation not only makes specific provision for agri-environment programmes up to 2013 but also, like the current regulation, makes them mandatory for all member states. In discussions on the new regulation, my Department has pointed to the success of REPS. I am confident that the new regulation, when finalised, will provide a framework for the further evolution of REPS as a scheme delivering substantial benefits both to farmers and to the environment.

In negotiations on EU funding for the next programming period, it will be important to be able to point to a successful use of funds during the current one. The degree of take-up of REPS will be an important element. I am encouraged by the fact that numbers have started to rise again since REPS 3 was introduced. Some 4,200 applications for REPS 3 have already been received from farmers who were not already in REPS, and a further 4,800 REPS 2 participants are transforming to REPS 3. There are now more than 40,500 farmers in REPS and my Department has another 1,200 applications on hands. This level of interest in the scheme is very welcome, and if it is maintained participation levels could grow to some 55,000 farmers by the end of next year. If this is achieved it is not unreasonable to forecast that by 2006 a participation level approaching 60,000 could be attained.

Question No. 58 answered with QuestionNo. 28.

EU Directives.

Denis Naughten

Question:

59 Mr. Naughten asked the Minister for Agriculture and Food the discussions she has had with the European Commission and the Department of the Environment, Heritage and Local Government regarding a derogation under the nitrates directive; and if she will make a statement on the matter. [29192/04]

The implementation of the nitrates directive is a matter for the Minister for the Environment, Heritage and Local Government in the first instance. A national action programme under the nitrates directive was prepared by the Department of the Environment, Heritage and Local Government in consultation with my own Department, following consultation with the various stakeholders, discussions with the farming pillar under Sustaining Progress and consideration of the recommendations of Mr. Denis Brosnan, appointed by the Minister for the Environment, Heritage and Local Government as an independent adviser on the issue. The national action programme was submitted to the European Commission in October.

In parallel with and in line with the Government's commitment under Sustaining Progress, an application for a derogation from certain provisions of the action programme was submitted to the European Commission last week. A detailed scientific argument in support of the derogation was prepared by my Department and Teagasc, in consultation with the Department of the Environment, Heritage and Local Government.

Milk Prices.

Jack Wall

Question:

60 Mr. Wall asked the Minister for Agriculture and Food if she will respond positively to the concerns of farmers in the south and west who have been protesting at cuts in milk prices; if her attention has been drawn to the financial hardship which is being experienced by farmers concerned; and if she will make a statement on the matter. [29314/04]

The price paid to farmers for their milk is a commercial matter between milk producers and the dairies or processors who purchase their milk. The prices paid by these processors are a function of a range of factors including the efficiency of these organisations, their product portfolio and the market in which their products are sold.

My role is to ensure that an EU policy framework is in place, and EU market management measures are implemented in a manner which allows the dairy sector to continue to develop and support farmers' incomes. In this context, producer prices in Ireland this year are similar to last year, notwithstanding the reduction in the intervention prices agreed as part of the CAP mid-term review. Producers have recently been paid a dairy premium amounting to approximately 1.2 cents per litre as partial compensation for the reduction in the intervention price levels.

Food Safety Standards.

Thomas P. Broughan

Question:

61 Mr. Broughan asked the Minister for Agriculture and Food about the provisions that are in place to ensure that dioxin levels in food or feed are within the proposed limits set down by the European Commission; and if she will make a statement on the matter. [29345/04]

The maximum permitted levels of dioxin in animal feed are laid down in Commission Directive 2003/57/EC amending Directive 2002/32/EC of the European Parliament and of the Council on undesirable substances in animal feed. My Department carries out extensive monitoring for the presence of dioxin in feed through the sampling and analysis of all types of feed, at all stages of the feed chain, in order to ensure compliance with the maximum permitted levels laid down in the legislation. To date in 2004, the Department has carried out analysis of 78 samples for dioxins in animal feed, all of which were below the maximum permitted levels under EU legislation.

Furthermore, in 2005, we will participate in an EU wide monitoring programme for the presence of dioxin and dioxin-like colychlorinated biphenyls, PCBs, in animal feed. The European Commission's strategy for dioxins, furans and polychlorinated biphenyls aims to reduce human exposure at safe levels in the medium to long term, with a quantitative objective to reduce human intake levels, primarily from food, below 14 pico-grams WHO-toxicity equivalence perkilogram bodyweight per week.

This year, the Food Safety Authority of Ireland in collaboration with my Department monitored dioxin occurrence in meat, offal, fruit, vegetable, cereals and dairy produce. A similar exercise was carried out on eggs in 2003. I understand there is a study underway on fish. The results of these surveys indicate that the levels found are well below the existing EU maximum levels and will also be below the Commission proposed levels, which will include levels for dioxin-like polychlorinated biphenyls.

I am satisfied that there is no risk to the safety and quality of food produced in Ireland. A report issued by the FSAI in November 1993 stated that "as part of an overall waste management strategy, as reflected in the EC waste hierarchy, incineration coupled with waste prevention, reduction, recycling and other treatment methods is the preferred option". My colleague the Minister for the Environment, Heritage and Local Government, Deputy Roche, is actively pursuing an integrated waste management approach which is the practice used by the best waste performers in Europe and reflects the internationally recognised waste management hierarchy.

Social Partnership.

Dan Boyle

Question:

62 Mr. Boyle asked the Minister for Agriculture and Food if she has considered the case from ICSA to be represented in social partnership; and if she will make a statement on the matter. [29373/04]

Currently, the agriculture pillar is represented by the IFA, the ICMSA, ICOS and Macra na Feirme at national partnership. It is considered that these organisations have a sufficient spread of membership and interests both to represent adequately the views of the sector and to build a consensus around optimum policies for the agri-food sector at national level.

However, my Department is always willing to meet with farm representative bodies to discuss issues of particular concern and there is regular contact with the ICSA on issues of importance to its members.

Tax Code.

Richard Bruton

Question:

63 Mr. R. Bruton asked the Minister for Agriculture and Food the discussions she has had with the Department of Finance regarding section 605 roll-over relief; and if she will make a statement on the matter. [29196/04]

The issue of roll-over relief is a taxation matter and is for consideration by the Minister for Finance.

Forestry Industry.

Eamon Ryan

Question:

64 Mr. Eamon Ryan asked the Minister for Agriculture and Food if she will report on the progress on the development of an audit protocol which will facilitate sustainable forest management and certification of compliance with existing forest service guidelines and standards; the number of times the committee charged with this work has met; and if she will make a statement on the matter. [29377/04]

I welcome the effort being made by the forestry sector to develop a protocol to facilitate sustainable forest management, with the related compliance certification. A committee comprised of stakeholders representing the economic, social and environmental pillars involved in sustainable forest management, took on this task at the end of 2003. While my Department is not actually represented on this committee, it is facilitating the process by providing secretarial support.

The committee agreed that it would be useful to contract out some of the work. The Department undertook to facilitate this and, following a full tender process, selected a firm of consultants to prepare a first draft of the protocol, based on best international practice. Work on drafting the protocol is underway at present and the Department would expect the protocol to be completed in 2005.

Bovine Diseases.

Róisín Shortall

Question:

65 Ms Shortall asked the Minister for Agriculture and Food the reason new cases of BSE are still being discovered despite the present restrictions on animal feed; the number of such cases since the ban on meat and bone meal was imposed; if her Department’s investigations into such cases have produced any results; and if she will make a statement on the matter. [29317/04]

I assume that the Deputy's question refers to cases of BSE in animals born after enhanced control measures in relation to meat and bone meal, specified risk materials and the processing of mammalian waste were introduced in 1996 and 1997. Epidemiological investigations are carried out into the feeding regimes of all herds in which BSE is identified. Particular attention is paid to herds in which cases born after the feed controls were re-enforced are confirmed.

Within the context of the overall picture, the diagnosis of BSE in a small number of animals born after 1997 is to be expected. To date, six animals born after 1997, four in 1998 and two in 1999, have been diagnosed with BSE. In addition, ten cases were confirmed in 1997, new-born animals, but some of these were born before all the reinforced measures were fully in place. My Department had foreseen the likelihood that occasional, individual cases would from time to time arise, which might relate to circumstances specific to the farms in question and which do not conform with the general trend as the incidence of the disease recedes in the national herd. There is, however, no basis for suspecting that this or other such isolated cases are indicative of either a systemic failure in controls or of a reversal of, or deviation from, the overall positive trend as regards BSE in Ireland.

In 2004, 114 cases were confirmed to 12 November 2004 compared with 162 in the same period last year. This represents a reduction of 30%. Of these cases, 96% have occurred in animals born prior to the introduction of the additional controls. The shift in age profile of BSE cases as well as a reduction in case numbers indicates that the additional controls introduced in 1996/1997 have been effective in significantly reducing the exposure of animals born after 1997 to the infectious agent. It is expected that the incidence of disease will continue to decline as cows born prior to 1998 leave the system.

Question No. 66 answered with QuestionNo. 23.
Question No. 67 answered with QuestionNo. 27.

Health and Safety Regulations.

Paul Nicholas Gogarty

Question:

68 Mr. Gogarty asked the Minister for Agriculture and Food if she will evaluate the impact of agriculture if incinerators are built around the country. [29376/04]

The issue of the construction of incinerators is a matter in the first instance for the Minister for the Environment, Heritage and Local Government.

Forestry Industry.

Olivia Mitchell

Question:

69 Ms O. Mitchell asked the Minister for Agriculture and Food further to the recent Bacon review of the forestry sector, the proposals she intends to pursue to develop the sector, particularly in reaching the planting target set out in the programme for Government 2002; and if she will make a statement on the matter. [29304/04]

The planting target of 20,000 hectares per annum set out in An Agreed Programme for Government reflects the target set in Growing for the Future, published in 1996. The average number of hectares planted per annum since 1996 was 14,000 hectares.

The Review and Appraisal of Ireland's Forestry Development Strategy, published by Peter Bacon and Associates recently, is a key element in the review of the sector. The proposals in the review are being considered in conjunction with the draft EU regulation on rural development policy, which proposes reductions in EU financial support for forestry. The Bacon report reaffirmed the need for an approved planting target of 20,000 hectares per annum but a lesser planting target could be a viable basis for support, providing the planting maximises the non-timber benefits.

Until such time as, the final terms of the draft rural development regulation are known and its likely impact on Irish forestry assessed, it would be unwise to bring forward new forestry proposals.

The current availability of grant-aid at 100% for planting and generous annual premiums together with the concession in relation to the stacking entitlements vis-à-vis the single payment scheme, make forestry an attractive land-use option for farmers.

Grant Payments.

Jim O'Keeffe

Question:

70 Mr. J. O’Keeffe asked the Minister for Agriculture and Food the measures she intends to take to address the problems experienced by farmers in the Shannon Callows as a result of current proposals which do not allow them to split their lands for grant aid purposes between REPS funding and funding allocated under the SAC and SPA designation; and if she will make a statement on the matter. [29300/04]

Measures have already been taken to address the specific situation of farmers in the Shannon Callows with lands designated under the birds or habitats directives. Farmers in this area who wish to join REPS, but believe that the REPS payments do not fully offset any income loss arising from the restrictions placed on their farming activities because of designation under the directives, may now also apply to the national parks and wildlife service for additional compensation. Before this arrangement was introduced in September 2004, they had to choose between REPS and the compensation arrangements operated by NPWS but could not benefit from both.

This further concession to farmers in the Shannon Callows was additional to the inclusion of a new supplementary measure in REPS, when REPS 3 was introduced in June 2004. Designated areas are already eligible for payments under REPS measure A of €242 per hectare for the first 40 hectares and lesser amounts for areas over 40 hectares, and the new supplementary measure provides for an additional payment of €100 per hectare on particular sites in the Callows which are important corncrake habitats. Those sites are monitored by BirdWatch Ireland, and REPS farmers can qualify for the additional payment by subscribing to BirdWatch Ireland management prescriptions for them.

I am satisfied that provisions now in place guarantee full compensation for any losses arising out of designation for REPS participants while preserving the integrity of REPS as a whole-farm scheme.

Legislative Proposals.

Ruairí Quinn

Question:

71 Mr. Quinn asked the Minister for Agriculture and Food about her proposals in the newly published legislation for the veterinary profession; and if she will make a statement on the matter. [29325/04]

I presented the Veterinary Practice Bill 2004 to Seanad Éireann on 27 October 2004. The purpose of the Bill is to replace the existing outdated legislation which regulates the veterinary profession. The Bill is comprehensive and provides, in particular, for a legal definition of the practice of veterinary medicine for the first time in Irish legislation; broader membership of the Veterinary Council to reflect interests such as education, consumers and food safety and a better balance as between veterinarians and others; a wider basis on which registration can be granted and for registration of specialists in particular areas of veterinary practice; the establishment of standards for continuing professional development, compliance with which would be a prerequisite for retention on the register; a new model to deal with complaints and a broader range of proportionate sanctions: statutory recognition for nurses for the first time; the establishment and monitoring of standards of veterinary premises; and the Veterinary Council to be given certain investigative powers.

The Second Stage of the Bill was taken in the Seanad on 4 November during which Senators made a number of useful contributions. I hope the Bill will progress expeditiously through the remaining stages in the Seanad. It is my intention to bring this draft legislation before the Dáil at the earliest possible opportunity.

Question No. 72 answered with QuestionNo. 39.

Hospital Services.

Jim O'Keeffe

Question:

73 Mr. J. O’Keeffe asked the Tánaiste and Minister for Health and Children her estimate of the number of persons who are unable in the short to medium term to obtain an appointment with a consultant in order that they can be put on a waiting list for an operation for orthopaedic surgery involving hips and knees; and her proposals to deal with this problem in view of the fact that some of these persons can be waiting for a year or more for an appointment to be placed on a waiting list. [29513/04]

Responsibility for the management and monitoring of outpatient waiting lists, including orthopaedic outpatient waiting lists, rests with individual hospitals and health boards. It is a matter for each hospital to prioritise their services based on patient need and use their available resources to best effect to ensure that patient services are delivered efficiently and effectively. Figures on the number of persons waiting for an outpatient appointment with a consultant are not collected by my Department. However, I intend to raise with the national treatment purchase fund the question of how we might begin to make progress in relation to outpatient appointments in 2005.

In accordance with health strategy objectives, the Government's immediate focus is on the reduction of waiting lists and waiting times for in-patients and day case treatments in acute hospitals. This is being particularly facilitated by the National Treatment Purchase Fund.

Community Care.

Michael Ring

Question:

74 Mr. Ring asked the Tánaiste and Minister for Health and Children the structures which have been put in place by the Western Health Board to assist a person (details supplied) in County Mayo in providing nursing care for their child; the nursing hours which have been provided since the birth of the child, as respite for their parents; and the plans there are to ensure that adequate help is given in this case. [29514/04]

The provision of community nursing services, and any matters relating to such provision, within its functional area, is a matter for the relevant health board. In the case of County Mayo this responsibility lies with the Western Health Board.

In the circumstances the Department has requested the chief executive officer of the Western Health Board to reply direct to the Deputy.

Medical Cards.

Liz McManus

Question:

75 Ms McManus asked the Tánaiste and Minister for Health and Children the breakdown of the number of database entries deleted in each category with regard to inappropriate database entries for medical cards in each health board area; and the reasons for deletion (details supplied). [29515/04]

The detailed information requested by the Deputy is held by health boards. The Health Board Executive has been requested to co-ordinate the requested information which will be forwarded to the Deputy upon receipt.

Health Board Services.

Jim O'Keeffe

Question:

76 Mr. J. O’Keeffe asked the Tánaiste and Minister for Health and Children the number of children who are awaiting orthodontic treatment and assessment in each of the health board areas; and the waiting time for assessment and treatment in respect of each health board area. [29516/04]

The provision of orthodontic services is a matter for the health boards-authority in the first instance.

The chief executive officers of the boards have informed my Department of the following information on their orthodontic assessment and treatment waiting lists as at the end of September 2004:

Assessment Waiting List

Treatment Waiting List

Health Board

Average waiting time (months)

Category A

Average waiting time (months)

Category B

Average waiting time (months)

SWAHB

416

3-6

745

12

541

24

ECAHB

81

< 3

55

< 6

194

< 12

NAHB

143

3 -6

149

< 18

2,418

< 36

MHB

229

3

Nil

No Waiting Time

344

18

MWHB

2,737

24-36

Nil

No Waiting Time

657

24-36

NEHB

Nil

No waiting time

3

1.5-2

197

18

NWHB

2,536

8

298

10.5

1,080

30.5

SEHB

203

1.5-2

Nil

No Waiting Time

519

17

SHB

3,171

According to Date of Birth. Currently 1990

Nil

No Waiting Time

3,111

42-48

WHB

633

12

Nil

No Waiting Time

730

33

Patients in category A require immediate treatment and include those with congenital abnormalities of the jaws such as cleft lip and palate, and patients with major skeletal discrepancies between the sizes of the jaws. Patients in category B have less severe problems than category A patients.

Care of the Elderly.

Pat Breen

Question:

77 Mr. P. Breen asked the Tánaiste and Minister for Health and Children when replacement windows will be installed under the housing aid for the elderly scheme for a person (details supplied) in County Clare; and if she will make a statement on the matter. [29517/04]

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

Pat Breen

Question:

78 Mr. P. Breen asked the Tánaiste and Minister for Health and Children when a shower and toilet will be installed under the housing aid for the elderly scheme for a person (details supplied) in County Clare; and if she will make a statement on the matter. [29519/04]

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

Housing Aid for the Elderly.

Pat Breen

Question:

79 Mr. P. Breen asked the Tánaiste and Minister for Health and Children when replacement windows will be installed under the housing aid for the elderly scheme for a person (details supplied) in County Clare; and if she will make a statement on the matter. [29520/04]

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

Pat Breen

Question:

80 Mr. P. Breen asked the Tánaiste and Minister for Health and Children when payment will be forwarded under the housing aid for the elderly scheme to a person (details supplied) in County Clare; and if she will make a statement on the matter. [29521/04]

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

Drugs Payment Scheme.

Michael Ring

Question:

81 Mr. Ring asked the Tánaiste and Minister for Health and Children the way in which the indicative drugs target savings schemes work; the person who pays for the drugs; if they are paid from the savings of drugs; if the drugs are paid for separately; the benefit of the scheme; the protection there is to ensure that the best drugs available are given to the sick; the steps taken to ensure that the drugs are not inferior; and if she will make a statement on the matter. [29522/04]

The indicative drugs target savings scheme, IDTSS, was introduced from 1 January 1993 on foot of a negotiated agreement between the Department of Health and Children and the Irish Medical Organisation, IMO. The agreement provided that both parties were committed to the achievement of responsible and cost effective prescribing. The scheme was established in line with 1992 policy document, The Future of General Practice in Ireland.

Under the terms of the IDTSS, participating doctors receive annual prescribing targets and the savings realised by them may be used for health board approved practice developments. From 1993 to 1998, the terms of the IDTSS allowed for 50% of the savings realised to be allocated to health boards to specifically fund general practice developments within their area. The participating doctors could access the other 50%. Since 1999, this has changed and the doctors involved may access 100% of their accrued savings.

The drugs savings which accrue under the scheme relate to prescriptions for general medical services scheme patients. GMS patients receive their approved prescribed drugs and medicines free of charge. Non-GMS patients are entitled to avail of the drugs payment scheme, DPS. The DPS provides that no person or family unit has to pay in excess of €78 per month for approved prescribed drugs and medicines. There is a common list of reimbursable medicines for the GMS and DPS. This common list ensures that prescriptions provided to patients relate to a common usage of drugs for both GMS and other patients. For an item to be included on the common list, it must comply with certain criteria which include authorisation status, where appropriate, price and, in certain cases, the intended use of the product.

Clinical decisions in relation to prescribing are taken by a general practitioner based on the symptoms of the presenting patient. In 1997, a review of the IDTSS was completed by Michael Murphy, professor of pharmacology at University College, Cork. The purpose of the review was to determine the effects of the IDTSS on quality of patient care in the GMS, with particular reference to changes in prescribing patterns. The review found that "there were changes in prescribing behaviour as a result of the indicative drugs target savings scheme. Some doctors made savings through enhanced prescribing of generic medications and there were no discernible negative effects on overall quality of prescribing".

Under the IDTSS savings may be used by the general practitioners involved to provide additional or enhanced services which impact on patients. These include information technology, practice premises, clinical equipment, research, education, training and recruitment of extra primary care expertise on fixed term contracts, for example, paramedical, counselling etc. Savings made cannot be used to subsidise normal practice expenses. Health boards are required to approve applications from participating GPs for the use of the savings made under the IDTSS.

Health Board Services.

Willie Penrose

Question:

82 Mr. Penrose asked the Tánaiste and Minister for Health and Children if she will take steps to ensure that a person (details supplied) in County Westmeath is supplied with a hearing aid without further delay. [29563/04]

Responsibility for the provision of audiology services to eligible persons in County Westmeath rests with the Midland Health Board. My Department has asked the chief executive officer to investigate the matter raised by the Deputy and to reply to him directly.

Budget Submissions.

Brian O'Shea

Question:

83 Mr. O’Shea asked the Tánaiste and Minister for Health and Children the proposals she has to respond to the pre-budget 2005 submission of the Irish Deaf Society (details supplied) in Dublin 7; and if she will make a statement on the matter. [29568/04]

My Department is currently examining the pre-budget 2005 submission from the Irish Deaf Society which was supplied by the Deputy. The issues realised in relation to health services will be taken into account in the next few weeks in the light of overall budgetary considerations.

Health Board Services.

Finian McGrath

Question:

84 Mr. F. McGrath asked the Tánaiste and Minister for Health and Children the reason a person (details supplied) in Dublin 9 is not receiving a speech therapy service; the further reason there are no speech therapy services in Coolock; and if she will make a statement on the matter. [29610/04]

Responsibility for the provision of services, including speech therapy, for persons with an intellectual disability and those with autism in the Dublin 9 area is a matter, in the first instance, 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.

Variant CJD Case.

Bernard J. Durkan

Question:

85 Mr. Durkan asked the Tánaiste and Minister for Health and Children the efforts she has made to identify possible causes for the tragic incident of human variant CJD; the extent to which scientific analysis has been concluded in this regard; and if she will make a statement on the matter. [29626/04]

This case relates to a 23 year old man who was admitted to a Dublin hospital about seven weeks ago and who has now been diagnosed as suffering from variant CJD. I am advised that the probability is that he contracted it before the current very strict controls on the sale of meat in Ireland were brought into force in 1996. However, given that the incubation period for variant CJD is considered to be several years, it is virtually impossible to identify the specific source of infection.

I have been advised by the chairman of the national CJD advisory group on any possible broader public health implications which may have arisen from this case and the advice was that there is no public health issue in this case as the patient has never received a blood transfusion, he was never a blood donor and he has not received any invasive medical treatments. The role of the national CJD advisory group is to provide scientific, professional and technical advice on all aspects of CJD and the policy responses that are appropriate in the light of the evolving information and evidence on this topic.

I have also been advised by the chairman of the advisory group that the measures in place to protect public health, particularly in relation to the protection of the blood supply, are in accordance with best international practice.

Following preliminary discussions with the chairman of the advisory group and with the medical director of the Irish Blood Transfusion Service, IBTS, in regard to this case, the initial conclusion is that no other measures apart from those already in place need to be taken. The IBTS undertook a review of its policies following the first reported case of transfusion infection in the UK last year and again in July this year following the second reported case.

The national CJD advisory group has also recently endorsed the most up-to-date infection control guidance from the National Disease Surveillance Centre in respect of the management of CJD in the health care setting and my Department is ensuring the circulation of the guidance through the health care system. The disease continues to be notifiable and the national CJD surveillance unit in Beaumont Hospital continues its activity in monitoring the occurrence of CJD in Ireland.

I would again like to sympathise with this young man and his family in this very difficult time and ask the media to respect their privacy.

Health Board Services.

Bernard J. Durkan

Question:

86 Mr. Durkan asked the Tánaiste and Minister for Health and Children when a person (details supplied) in County Kildare will receive orthodontic treatment as required; and if she will make a statement on the matter. [29629/04]

Responsibility for the provision of orthodontic treatment to eligible persons in County Kildare 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.

Garda Stations.

Jim O'Keeffe

Question:

87 Mr. J. O’Keeffe asked the Minister for Finance the reason for the delay in the renovation of Dunmanway Garda station; and if arrangements for same are being put in place. [29537/04]

I am advised by the Commissioners of Public Works that the proposal for the refurbishment of Dunmanway Garda station was contingent on the acquisition of portion of the adjoining site. Protracted negotiations with the adjoining landowner for the acquisition of the plot of land have proven difficult and the commissioners are now reviewing the long-term proposals for Dunmanway Garda station with the Garda authorities.

Public Service Remuneration.

Richard Bruton

Question:

88 Mr. R. Bruton asked the Minister for Finance his estimate of the public service pay bill in 2005 based on the target employment levels for the year as outlined in his reply to Parliamentary Question No. 125 of 4 November 2004; the estimated increase in the pay bill over 2004; and the amount of the extra payments represented by the change in public service numbers, the benchmarking awards, the carry-over of existing pay settlements and additional pay increases due to be made in the course of 2005. [29538/04]

The total increase in the gross pay bill in 2005 will be €1.06 billion or 7.4% over the 2004 estimated outturn. This is broken down as follows:

€m

2004 Forecast Outturn

14,182

2005 Estimate

15,239

1,057

of which:

Sustaining Progress

530 (of which €388 million represents the 2005 carry-over of the general round increases from 2004)

Benchmarking

174

Numbers

134

Other pay

219

Details of the above figures are included in the 2005 Abridged Estimates Volume being presented to the House today.

National Development Finance Agency.

Richard Bruton

Question:

89 Mr. R. Bruton asked the Minister for Finance the number of projects referred to the NDFA in each of the past 12 months; the number whose funding profile has been approved by the NDFA in each of the past 12 months; and the number for which a PPP model has been recommended by the NDFA in each of the past 12 months. [29539/04]

The role of the National Development Finance Agency is to advise Departments about the optimum means of financing the cost of capital projects in order to achieve value for money, whether procured through a PPP approach or through traditional procurement. Departments and agencies, which are the decision-making bodies, are obliged to seek the advice of the National Development Finance Agency on all capital projects or grouped projects valued in excess of €20 million. For projects valued under that amount the advice of the agency may be sought but is not obligatory. The National Development Finance Agency does not have a project approval role.

I am advised that, since its establishment, more than 60 referrals for advice have been received by the NDFA. Of these, several projects had already been identified as candidates for PPP. I am advised by the agency that 17 new projects have been referred to it in the 12 months from November 2003 to October 2004. There is a long lead in time involved in the procurement of public capital infrastructure projects, particularly as regards PPP projects. Many projects referred to the NDFA are currently in procurement and the agency has been providing advice on an ongoing basis.

Under the procurement guidelines as set down by my Department, there are a number of steps in the process on which the NDFA is consulted. A key step in the appraisal of a PPP project proposal is the preparation of the public sector benchmark. This represents the estimated costs of the project were it to be provided by the public sector and forms the basis for setting an overall budget for the process and the subsequent evaluation of private sector bids on a value for money basis. The NDFA plays a key role in the project team responsible for devising the public sector benchmark for approval by the project board. The outcome of the tender process for each project is compared to the public sector benchmark in a value for money test in deciding whether or not to opt for the PPP route. Other steps in the procurement process in which the NDFA is providing ongoing advice include optimal financing package, bidder evaluation and commercial negotiation.

There are cases in which the NDFA recommends a PPP, especially in circumstances in which there is a high degree of risk that can be carried more effectively by the private sector and speed of delivery is a key consideration for the State. The final decision on any project is one for the relevant Accounting Officer or the Minister involved, as appropriate. Many projects on which the NDFA is advising were already designated as suitable for PPP prior to the establishment of the NDFA. In such cases the NDFA advises on current aspects raised with it.

Seven projects have reached the contract signing stage, four of which are PPPs, with finance for the remainder arranged by the NDFA. In a number of cases the projects were already designated as suitable for PPP prior to the establishment of the NDFA. The NDFA advises on the value for money analysis of PPP projects with regard to the financing and risk aspects of a project.

Architectural Heritage.

Ned O'Keeffe

Question:

90 Mr. N. O’Keeffe asked the Minister for Finance the position regarding ownership of a property (details supplied) in County Cork. [29572/04]

In accordance with the Government decision with regard to the built heritage, responsibility for operational functions in relation to the management of the property referred to by the Deputy has recently transferred to the Office of Public Works from the Department of the Environment, Heritage and Local Government, while responsibility for policy functions, including capital funding, has been retained by that Department.

Flood Relief.

Ned O'Keeffe

Question:

91 Mr. N. O’Keeffe asked the Minister for Finance if he will make arrangements to repair a bridge (details supplied) in County Cork which was damaged by floods. [29573/04]

The Office of Public Works only recently assumed responsibility for the property referred to by the Deputy. There are two bridges at the property, neither of which was damaged as a result of recent flooding. Both, however, are in need of repair work and the position is being assessed.

Tax Collection.

Pat Carey

Question:

92 Mr. Carey asked the Minister for Finance if he has received an application for charitable status from a company (details supplied) in Dublin 11; and if he will make a statement on the matter. [29601/04]

I am advised by the Revenue Commissioners that an application for charitable tax exemption was received from the company in question on 9 August 2004. In order to process the application, further clarification and supporting documents were needed. Accordingly, the charities section of the Revenue Commissioners wrote to the agents acting on behalf of the company on 12 August 2004 seeking the additional information. No reply has been received to date.

Marine Tourism.

Cecilia Keaveney

Question:

93 Cecilia Keaveney asked the Minister for Communications, Marine and Natural Resources the status of the Loughs Agency marine tourism strategy for Lough Foyle; the actions which have taken place in the past four months and those which are planned in the immediate future; and if he will make a statement on the matter. [29528/04]

The strategy and action plan on marine tourism and leisure in respect of Lough Foyle and Carlingford Lough has not yet been finalised. Following extensive consultation with stakeholders and interest groups, including the north-west region cross-Border group and the east Border region committee, the final draft of a study commissioned to recommend an appropriate strategy and action plan for the development of marine tourism and leisure on Lough Foyle and Carlingford Lough is being considered by the board of the Loughs Agency.

Once the final draft is approved by the Loughs Agency board, it will need to be considered by my Department in conjunction with the Department of Agriculture and Rural Development in Northern Ireland. Any agreed recommendations arising out of this process will ultimately have to be routed through the interim procedures mechanism of the North-South Ministerial Council for ministerial approval.

Proposed Legislation.

Cecilia Keaveney

Question:

94 Cecilia Keaveney asked the Minister for Communications, Marine and Natural Resources when legislation to licence aquaculture on Lough Foyle will be brought before the Houses of the Oireachtas in view of the fact that commitments were made in 1994 and 1995 that such legislation would be forthcoming within three months; if he will make a statement on the reasons for the delay; and the timescale for moving the badly needed legislation forward. [29529/04]

The Deputy will be aware from my previous replies to Parliamentary Question No. 159 of 19 February 2004 and Parliamentary Question No. 159 of 16 June 2004 that my Department is working in conjunction with the Department of Agriculture and Rural Development in Northern Ireland and respective legal advisers to draft the necessary legislation to enable the Loughs Agency of the Foyle, Carlingford and Irish Lights Commission, FCILC, to, inter alia, exercise its functions in relation to aquaculture.

As I further explained to the Deputy in those replies, the drafting of this legislation is a complex task. Provision must be made for the licensing and control of aquaculture, including an appeals process and fish health matters. The proposed legislation must also address jurisdictional issues, including access to courts North and South in respect of offences committed in a cross-Border context. The aim is to ensure that the resulting framework will enable the Loughs Agency to fulfil its responsibilities under the British Irish Agreement Act to develop and licence aquaculture in Lough Foyle and Carlingford Lough in a fully sustainable way.

My officials are engaged in an intensive series of meetings with all parties involved with a view to resolving all outstanding issues as soon as possible. I assure the Deputy that every effort is being made to facilitate the publication of the necessary legislation by the end of this year.

Telecommunications Services.

Phil Hogan

Question:

95 Mr. Hogan asked the Minister for Communications, Marine and Natural Resources the action he is taking to ensure the implementation of DSL technology which would allow significantly higher access to broadband in rural areas; and if he will make a statement on the matter. [29552/04]

The provision of telecommunications services, including broadband, is a matter 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 national development plan for broadband infrastructure investment that will enable the provision of broadband services regionally by the private sector.

Metropolitan area networks are being built in 26 towns and cities, in association with 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, metropolitan area networks will be built in a further 92 towns with a population of 1,500 and over.

Due to limitations in both bandwidth and distance, digital subscriber lines is regarded as an introductory broadband technology only. A working limit of around 3 km from the exchange means that many rural subscribers cannot obtain broadband over their telephone lines. Higher speed broadband, 2Mb/s and upward, requires fixed wireless links, cable modems, satellite technology or fibre trunk networks such as those being funded under the national development plan. For smaller towns and rural communities, my Department has 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.

A number of companies are now offering broadband in all areas of the country. Details can be found on my Department's website, www.broadband.gov.ie. 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.

Ned O'Keeffe

Question:

96 Mr. N. O’Keeffe asked the Minister for Communications, Marine and Natural Resources the position in the introduction of broadband in an area (details supplied) in County Cork. [29569/04]

The provision of telecommunications services, including broadband, is a matter 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 national development plan for broadband infrastructure investment that will enable the provision of broadband services regionally by the private sector.

Metropolitan area networks are being built in 26 towns and cities, in association with 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, metropolitan area networks will be built in a further 92 towns with a population of 1,500 and over.

For smaller towns and rural communities, such as Doneraile, 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 services in the Doneraile 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.

Post Office Network.

Ned O'Keeffe

Question:

97 Mr. N. O’Keeffe asked the Minister for Communications, Marine and Natural Resources if he will put in place arrangements to computerise rural post offices in order that they can expand their business and add to the quality of life in rural Ireland. [29570/04]

The Government is committed to a viable and sustainable rural post office network providing a range of services to meet consumer needs. This commitment is illustrated by the Government injection of €12.7 million into the network in 2003 to facilitate modernisation measures. The Government has also supported An Post initiatives such as the channelling of new utility and banking services through the network. In addition, An Post has introduced new service delivery models in order to improve access to post office services. There are 1,000 automated post offices, 475 non-automated post offices, 160 postal agencies and An Post has established 3,000 postpoint outlets in retail premises of which 600 can be used for bill payment.

The automated network accounts for over 95% of An Post's counter business. This means that the 1,000 automated offices transact 95% of counter business while 475 non-automated offices undertake 5% of business. This figure clearly illustrates the level of business transacted by individual non-automated offices. The current level of automated coverage is considered by An Post to be extremely comprehensive by any objective standard and this level of coverage makes it difficult to justify on either customer-service or economic ground the extension of automation to all offices, regardless of their location or business volumes.

Automation of the post office network was completed in 1997. It is, therefore, only in very exceptional circumstances, such as an existing automated office closing and its equipment being transferred to a suitable neighbouring location which transacts significant volumes of welfare business, that offices are automated today. The core objective continues to be the retention of access to post offices services in as many locations as possible, in the manner which best meets consumer needs, whether services are provided via post office, postal agencies or the postpoint network.

Bernard J. Durkan

Question:

98 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources the action he proposes to take directly or through the regulator or by other means to avert the threatened postal strike over the Christmas 2004 period (details supplied); and if he will make a statement on the matter. [29645/04]

Proposals on arrangements for Christmas were presented to unions by the company recently for consideration. An Post indicated that the arrangements are similar to last year in terms of hiring casual staff and the amount of overtime available. I understand that this issue has been referred to the Labour Relations Commission for determination and therefore, it would not be appropriate for me to comment further.

Swimming Pool Projects.

Paddy McHugh

Question:

99 Mr. McHugh asked the Minister for Arts, Sport and Tourism if he will allocate a grant to a development committee (details supplied) in County Galway in order to allow the project to proceed; and if he will make a statement on the matter. [29640/04]

Under the guidelines for the local authority swimming pool programme, Procedures for the Planning, Approval and Financing of Swimming Pools and Technical Guidelines, there are four principal stages in a swimming pool project. These, in order of progress, are feasibility study and preliminary report; contract documents; tender and construction. The Department and its technical advisors, the Office of Public Works, evaluate each stage and local authorities cannot proceed from one stage to the next without prior ministerial approval.

Galway County Council submitted documentation for a joint venture for the development of a swimming pool facility at Loughrea that did not follow the guidelines as outlined above. However, officials in my Department are considering the proposal as submitted and are in correspondence with council officials in this regard.

Work Permits.

Jack Wall

Question:

100 Mr. Wall asked the Minister for Enterprise, Trade and Employment the position regarding the application by a person (details supplied) for a work permit; and if he will make a statement on the matter. [29545/04]

I am informed that the work permits section of my Department has recently made a decision to refuse the above application for a work permit. From documentation submitted in support of this application, it appears that the above named employee does not have a current valid residency stamp. Her last work permit expired in June 2003. The employer in question has been notified of this decision in writing and has been informed of his or her right of appeal.

Jim O'Keeffe

Question:

101 Mr. J. O’Keeffe asked the Minister for Enterprise, Trade and Employment the reason for the delay in the issue of a renewal of a work permit to a person (details supplied) in County Cork; and if same will issue. [29546/04]

The work permits section of my Department has recently made a decision to refuse the application for a work permit based on the following criteria. From documentation submitted in support of this application, it appears that the above named employee was paid less than the national minimum wage and those circumstances the issuing of a work permit could not be justified. The employer in question has been notified of this decision in writing and has been informed of their right of appeal.

Phil Hogan

Question:

102 Mr. Hogan asked the Minister for Enterprise, Trade and Employment when a decision will be made on an application for the extension of a work permit in the name of a person (details supplied); and if he will make a statement on the matter. [29551/04]

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.

EU Funding.

Ciarán Cuffe

Question:

103 Mr. Cuffe asked the Minister for Enterprise, Trade and Employment if his Department maintained to the fraud squad in its statement of 26 April 1999 that it had assured itself that the invoices related to the alleged fraud had been paid; the way in which this can be explained, in view of the later admission by his Department that it was fairly typical to release grant payment when it had assured itself that the programme was generally on course; the reason attention was not drawn in the statement to the fraud squad, that invoices were not required to match incurred expenditure at the time of draw down; and the further reason the then Tánaiste informed Dáil Éireann on two occasions and her Department informed the accused in writing on another two occasions that all relevant information had been made available, when clearly the vital evidence had been withheld. [29576/04]

Ciarán Cuffe

Question:

104 Mr. Cuffe asked the Minister for Enterprise, Trade and Employment the persons who were the assistant secretary general, principal officer and assistant principal officer in charge of implementing and administering the small business operational programme between 1997 and 2000. [29577/04]

Ciarán Cuffe

Question:

105 Mr. Cuffe asked the Minister for Enterprise, Trade and Employment the identity of his Department officials who were responsible for implementing EU Regulation 2064/97 as it impacted the small business operational programme. [29578/04]

Ciarán Cuffe

Question:

106 Mr. Cuffe asked the Minister for Enterprise, Trade and Employment the person who confirmed to Brussels that Regulation 2064/97 had been implemented by the latest date of 30 June 1998 as required by Article 9. [29579/04]

Ciarán Cuffe

Question:

107 Mr. Cuffe asked the Minister for Enterprise, Trade and Employment the person who confirmed to the Department of Finance that Regulation 2064/97 was being implemented, as required by its circular 23/98. [29580/04]

Ciarán Cuffe

Question:

108 Mr. Cuffe asked the Minister for Enterprise, Trade and Employment the way in which Regulation 2064/97 expected European social fund funds to be audited differently from European regional development funding. [29581/04]

Ciarán Cuffe

Question:

110 Mr. Cuffe asked the Minister for Enterprise, Trade and Employment the identity of his Department personnel who attended the specially convened European Union meeting to express opposition to Regulation 2064/97. [29583/04]

Ciarán Cuffe

Question:

111 Mr. Cuffe asked the Minister for Enterprise, Trade and Employment the arguments his Department put forward against Regulation 2064/97. [29584/04]

Ciarán Cuffe

Question:

112 Mr. Cuffe asked the Minister for Enterprise, Trade and Employment the identity of his officials who dealt with Brussels and the Department of Finance during the negotiation for Regulation 2064/97. [29585/04]

Ciarán Cuffe

Question:

113 Mr. Cuffe asked the Minister for Enterprise, Trade and Employment the person to whom a person (details supplied) reported the charge of fraud when it was formally levelled in January 1999 by phone and letter. [29586/04]

Ciarán Cuffe

Question:

114 Mr. Cuffe asked the Minister for Enterprise, Trade and Employment the person who wrote the small business operational programme report and final report of 2002. [29587/04]

I propose to take Questions Nos. 103 to 108, inclusive, and 110 to 114, inclusive, together.

In 1996, a project undertaken by an organisation was approved for grant assistance of up to €104,000 by my Department under the EU funded small business operational programme. In accordance with the normal procedures for the relevant measure, an initial grant of 50% of the total approved was made at that time, while a further grant of 30% was issued in September 1997, following the submission of a progress report on the project by the organisation.

On 29 January 1999, the Department was advised by the relevant organisation that it appeared to the organisation that it had received an overpayment from the Department in respect of expenses amounting to £16,500 on foot of which a grant had been paid at the rate of 75%. At a meeting with the Department on 5 March 1999 to discuss this matter, the organisation advised the Department that it had decided to alert the Garda fraud squad to suspected irregularities in the claims submitted to the Department for funding for the project. The Department was advised that the fraud squad had been alerted to the organisation's concerns about invoices in the amount of £16,500 received from a supplier of services to the organisation, which had been used to support the draw down of funds from the Department. The Department was advised that the organisation's auditors had also been informed about the matter and that the Department would be kept informed about developments. At that stage, the Department suspended any further payments in respect of this project pending the conclusion of the investigations into the matter.

On 26 April 1999, an official from the Department who had dealt with the project met members of the fraud squad regarding the matters raised with the fraud squad by the organisation and responded to their queries in relation to the matter. The contemporaneous record of that meeting, prepared by the official concerned, gave an outline of the statement he made. This record indicates, inter alia, that the official had satisfied himself that the invoices submitted to support the draw down of the second tranche of funding had been paid. The standard approach followed in checking that invoices had been paid was to verify that payments in respect of a sample of invoices were reflected in bank statements. The procedure outlined to the fraud squad for the draw down of funds in this case was followed in relation to the other projects supported by the particular measure.

On 23 June 2000, the organisation wrote to the Department and confirmed that an extensive investigation by its auditors had found no evidence of fraud and that, following a fraud squad investigation, a file had been referred to the Director of Public Prosecutions, who had decided that there were no grounds for action. The organisation indicated that it had accepted the results of these investigations and, accordingly, the invoices, which had been the subject of the investigations, were paid by the organisation on 23 June 2000.

EU Commission Regulation 2064/97 was adopted in October 1997. It established a new set of requirements in respect of the financial controls to be applied by member states for operations co-financed by the EU Structural Funds. These new requirements replaced those that had previously applied. All officials dealing with projects co-financed by EU Structural Funds would have been bound by the requirements of this regulation which is set out below.

In accordance with established practise, it is not considered appropriate to identify individual officials who dealt with various aspects of the issues, as raised in the questions. I am satisfied that no evidence or documents relevant to the allegations made by the organisation were withheld.

COMMISSION REGULATION (EC) No 2064/97 of 15 October 1997 establishing detailed arrangements for the implementation of Council Regulation (EEC) No 4253/88 as regards the financial control by Member States of operations co-financed by the Structural Funds

THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EEC) No 4253/88 of 19 December 1988 laying down provisions for implementing Regulation (EEC) No 2052/88 as regards co-ordination of the activities of the different Structural Funds between themselves and with the operations of the European Investment Bank and the other existing financial instruments (1), as last amended by Regulation (EC) No 3193/94 (2), and in particular the fourth subparagraph of Article 23 (1) thereof, Having consulted the Advisory Committee on the Development and Conversion of Regions and the Committee set up pursuant to Article 124 of the Treaty, Whereas Article 23 (1) of Regulation (EEC) No 4253/88 lays down the principles governing the financial control by Member States of the operations co-financed by the Structural Funds;

Whereas it is necessary, in order to ensure an acceptable level of financial control throughout the Community, for certain minimum control requirements to be specified in detail;

Whereas, in view of the specific constitutional and administrative characteristics of each Member State, it is necessary for this Regulation to be supplemented by appropriate administrative arrangements to be made between the Commission and each Member State;

Whereas this Regulation should apply to the forms of assistance provided for in Article 5 (2) of Regulation (EEC) No 2052/88 of 24 June 1988 on the tasks of the Structural Funds and their effectiveness and on co-ordination of their activities between themselves and with the operations of the European Investment Bank and the other existing financial instruments (3), as last amended by Regulation (EC) No 3193/94, provided that the forms of assistance are administered by the Member States;

Whereas the Member States' management and control systems should be such as to ensure efficient and proper implementation of the operations co-financed by the Structural Funds;

Whereas rules should be established for the conduct of controls by the Member States and arrangements should be made for periodic consultations between Member States and the Commission designed to maximise the useful effect of the overall resources devoted to control at national and Community level;

Whereas the Member States should ensure that apparent irregularities reported by national or Community controls are investigated and satisfactorily treated;

Whereas the Member States should present to the Commission, as part of the closure of forms of assistance, an independent statement providing an overall conclusion as to the validity of the request for final payment and allowing the identification and satisfactory treatment of any weaknesses or irregularities;

Whereas the Member States should report to the Commission annually on their application of this Regulation;

Whereas the Member States are required by the second subparagraph of Article 23 (1) of Regulation (EEC) No 4253/88 to notify the Commission of the description of their management and control systems; whereas these descriptions should where necessary be completed and updated;

Whereas, in the case of forms of assistance involving more than one Member State, provision should be made for administrative co-operation between the Member States concerned and the Commission;

Whereas the Member States should be free to apply national control rules more rigorous than those prescribed in this Regulation;

Whereas this Regulation should be without prejudice to the provisions of Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities (4) and Council Regulation (EC) No 1681/94 of 11 July 1994 concerning irregularities and the recovery of sums wrongly paid in connection with the financing of the structural policies and the organization of an information system in this field (5);

Whereas, in accordance with Article 214 of the EC Treaty, it is necessary to ensure that professional secrets obtained in the course of the controls provided for by this Regulation are not disclosed to unauthorized persons; Whereas the measures laid down in this Regulation are in accordance with the opinion delivered by the Management Committee on Agricultural Structures and Rural Development and the Standing Management Committee for Fisheries Structures,

HAS ADOPTED THIS REGULATION:

Article 1

This Regulation shall apply to the forms of assistance provided for in Article 5 (2) of Regulation (EEC) No 2052/88 and administered by the Member States.

Article 2

1. Member States' management and control systems shall:

(a) ensure the proper implementation of the forms of assistance in accordance with the objectives of sound financial management;

(b) provide satisfactory certification of the validity of claims for advance payments and final payments based on expenditure actually incurred;

(c) provide a sufficient audit trail;

(d) specify the organization of responsibilities and in particular the controls applied at the different levels to guarantee valid certifications;

(e) facilitate the identification of possible weaknesses or risks in the execution of actions and projects;

(f) provide for corrective measures to be taken to eliminate weaknesses, risks or irregularities identified in the course of project execution, in particular as regards financial management.

2. For the purposes of this Regulation, a sufficient audit trail is one which permits:

(a) reconciliation of the summary amounts certified to the Commission with the individual expenditure records and supporting documents at the various administrative and final beneficiary levels, and

(b) verification of the allocation and the transfers of the available Community and national funds.

3. An indicative description of the information requirements for a sufficient audit trail is given at Annex I.

Article 3

1. Member States shall organize controls of projects or actions (hereinafter referred to as controls) on an appropriate sampling basis, designed in particular to: (a) verify the effectiveness of the management and control systems in place; (b) verify selectively, on the basis of risk analysis, expenditure declarations made at the various levels concerned.

2. The controls carried out before the closure of each form of assistance shall cover at least 5 % of the total eligible expenditure and a representative sample of the projects or actions approved, taking account of the requirements of paragraph 3. For forms of assistance approved before the entry into force of this Regulation, the percentage may be reduced proportionally. Member States shall seek to spread the implementation of the controls evenly over the period concerned.

3. The selection of the sample of projects or actions to be subject to controls shall take into account:

(a) the need to control an appropriate mix of types and sizes of projects or actions;

(b) any risk factors which have been identified by national or Community controls;

(c) the concentration of projects under certain implementing authorities or certain final beneficiaries, so that the main implementing authorities and final beneficiaries are subject to at least one control before the closure of each form of assistance.

Article 4

Through the controls, the Member States shall seek to verify the following:

(a) the practical application and effectiveness of the management and control systems;

(b) for an adequate number of accounting records, the correspondence of those records with the supporting documents at the level of the final beneficiary and the intermediate authorities;

(c) the presence of a sufficient audit trail;

(d) for an adequate number of expenditure items, that the nature and timing of the relevant expenditure (commitments and payments) correspond to the Community requirements, to the approved physical characteristics of the project and to the works actually executed;

(e) that the use or intended use of the project is consistent with the use described in the application for Community co-financing;

(f) that the Community financial contributions are within the limits provided for in Article 13 of Regulation (EEC) No 2052/88 and any other applicable Community provisions and are paid to final beneficiaries without any reductions or unjustified delays;

(g) that the appropriate national co-financing has in fact been made available;

(h) that the co-financed actions have been implemented in accordance with the requirements of Article 7 (1) of Regulation (EEC) No 2052/88.

Article 5

The controls shall establish whether any problems encountered are of a systemic character, carrying a risk for other projects sponsored by the same final beneficiary or administered by the same implementing authority; they shall also identify the causes of such situations, any further examination which may be required and the necessary corrective and preventive action.

Article 6

Each Member State and the Commission shall consult at least once a year with a view to coordinating their programmes of controls so as to maximize the useful effect of the overall resources devoted to controls at national and Community level. These consultations shall cover the risk analysis techniques to be applied and shall take account of recent controls, reports and communications by national authorities, the Commission and the European Court of Auditors.

Article 7

1. Member States shall ensure investigation and satisfactory treatment of apparent irregularities reported following national or Community controls.

2. If an apparent irregularity has not received satisfactory treatment within six months of being reported to the implementing authority concerned, the Member State shall inform the Commission of the situation, unless it has already done so pursuant to Regulation (EC) No 1681/94.

3. For the purposes of paragraphs 1 and 2, ‘satisfactory treatment' shall mean the presentation, by the final beneficiary or the implementing authority to the appropriate person or organization responsible for control in the Member State, of sufficient evidence that the apparent irregularity does not exist or has been corrected. If an irregularity is of a systemic character, satisfactory treatment shall further mean the adoption of the necessary steps for the correction of the cases which have not been individually identified by the controls and for the prevention of recurrence.

4. The evidence referred to in paragraph 3 may consist of copies of the accounting records and supporting documents or any other necessary element.

Article 8

1. No later than at the time of the request for the final payment and the final declaration of expenditure in respect of each form of assistance, Member States shall present to the Commission a statement, of which an indicative model is given at Annex II, drawn up by a person or organization functionally independent of the implementing service. The statement shall summarize the conclusions of the control examinations made in the previous years and provide an overall conclusion as to the validity of the request for the final payment and the legality and regularity of the operations underlying the final declaration of expenditure.

2. If the presence of important management or control weaknesses or the high frequency of irregularities encountered does not allow the provision of a positive overall assurance as to the validity of the request for final payment and the final declaration of expenditure, the statement shall refer to these circumstances and shall estimate the extent of the problem and its financial impact. In such a case the Commission may ask that a further control be carried out with a view to the identification and rectification of irregularities within a specified period of time.

Article 9

Member States shall inform the Commission by 30 June each year and for the first time by 30 June 1998 of their application of this Regulation in the previous calendar year, with special reference to the requirements of Article 2 and including any necessary completion or updating of the description of their management and control systems required by the second subparagraph of Article 23 (1) of Regulation (EEC) No 4253/88.

Article 10

The Commission and the Member States shall work together to ensure that the objectives of this Regulation are achieved within the framework of the administrative arrangement drawn up with each Member State.

Article 11

In the case of forms of assistance in which more than one Member State participates or where there are beneficiaries in more than one Member State, the Member States concerned and the Commission shall provide one another with any administrative assistance necessary for ensuring proper control.

Article 12

1. The persons or organizations responsible for the implementation of the Community co-financed operations shall ensure that all documents and accounting records required for the controls are supplied to the officials responsible for the controls or to the persons empowered for that purpose.

2. The officials responsible for the controls or the persons empowered for that purpose may require that extracts or copies of the documents or the accounting records referred to in paragraph 1 be supplied to them.

Article 13

Information collected in the course of the controls shall be protected by professional secrecy, in accordance with the relevant provisions of national and Community law. It may not be communicated to any persons other than those who, by reason of their duties in the Member States or in the institutions of the Community, are required to have knowledge thereof for the purposes of performing those duties.

Article 14

In accordance with the relevant national laws, Commission officials shall have access to all documents prepared either with a view to or following the controls carried out under this Regulation and to the date held, including those stored in data-processing systems.

Article 15

Nothing in this Regulation shall prevent Member States applying national control rules more rigorous than those prescribed herein.

Article 16

In so far as they relate to EAGGF Guidance Section, the controls carried out pursuant to Council Regulation (EEC) No 3508/92 (6) and Commission Regulation (EEC) No 3887/92 (7) may also be regarded as carried out pursuant to this Regulation.

Article 17

This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Communities.

Article 8 shall apply from 1 January 1998.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 15 October 1997.

For the Commission

Anita Gradin

Member of the Commission.

(1) OJ L 374, 31. 12. 1988, p. 1.

(2) OJ L 337, 24. 12. 1994, p. 11.

(3) OJ L 185, 15. 7. 1988, p. 9.

(4) OJ L 292, 15. 11. 1996, p. 2.

(5) OJ L 178, 12. 7. 1994, p. 43.

(6) OJ L 355, 5. 12. 1992, p. 1.

(7) OJ L 391, 31. 12. 1992, p. 36.

ANNEX I INDICATIVE DESCRIPTION OF INFORMATION REQUIREMENTS FOR AUDIT TRAIL (Article 2 (3))

A sufficient audit trail, as referred to in Article 2 (3), is present when, for a given form of assistance:

1. Accounting records kept at the appropriate management level provide detailed information about expenditure actually incurred by final beneficiaries for each co-financial project, including the date of the accounting record, the amount of each expenditure item, the identification of the supporting document and the date and method of payment; the records are supported by the necessary documentary evidence (e.g. invoices).

2. In cases of expenditure items relating only partly to the Community co-financed operation, sufficient justification is present of the accuracy of the allocation of the amount between the Community co-financed and the other operations. Similar justification is present also for types of expenditure which are recognized as eligible within limits or in proportion to other costs.

3. The technical and financial plans of the project, the progress reports, the documents concerning the grant approval, the tendering and contracting procedures, etc., are kept available at the appropriate management level.

4. In reporting expenditure actually incurred to an intermediate authority, the information referred to in paragraph 1 is aggregated in a detailed statement of expenditure indicating for each Community co-financed project all individual expenditure items with a view to composing the total certified amount. These detailed statements of expenditure constitute the supporting documents of the accounting records of the intermediate authorities.

5. The intermediate authorities keep accounting records for each individual project and for the summary amounts of expenditure certified each time by the final beneficiaries. In reporting to the designated authority referred to in Article 21 (5) of Regulation (EEC) No 4253/88, intermediate authorities present a list of the projects approved under each form of assistance, together with information for each individual project comprising at least a complete identification of the project and the final beneficiary, the date of approval of the grant, the amounts committed and paid, the expenditure period covered and the sums of expenditure by measure and by sub-programme. This information constitutes the supporting documentation of the accounting records of the designated authority and is the basis for the preparation of the declarations of expenditure to be presented to the Commission.

6. In cases of final beneficiaries reporting directly to the designated authority, the detailed statements of expenditure referred to in paragraph 4 constitute the supporting documentation of the accounting records of the designated authority, which is responsible for drawing up the list of projects referred to in paragraph 5.

7. In cases of more than one intermediate authority intervening between the final beneficiary and the designated authority, each intermediate authority for its area of responsibility requires detailed statements of the expenditure amounts processed at the lower level to be used as supporting documentation for its own accounting records of which it reports upwards at least a summary of the expenditure amounts for each individual project.

8. In cases of other models of organization of the management and information procedures, including computerized data transfers, all authorities concerned obtain sufficient information from the lower level to justify their accounting records and the sums reported upwards, thus ensuring a satisfactory audit trail from the summary amounts certified to the Commission to the individual expenditure items and the supporting documents at the final beneficiary level.

ANNEX II

Indicative model for the statement at the closure of forms

(Article 8)

To the European Commission, Directorate-General

INTRODUCTION

1. I, ................... (state name, title and service), have examined the final declaration of expenditure for ................... (indicate the form of assistance, the Structural Fund concerned and the period covered) together with the request to the Commission for payment of the balance of the Community aid.

SCOPE OF THE CONTROLS

2. I conducted the control examination in accordance with the provisions of Regulation (EC) No 2064/97. I planned and performed the examination with a view to obtaining reasonable assurance about whether the final declaration of expenditure and the request for the payment of the balance of the Community aid are free of material misstatement ...................... (Describe briefly the practical steps taken for the execution of the control).

OBSERVATIONS

3. The scope of the control examination has been limited by the following:

(a)

(b)

(c), etc.

(Indicate any limitations to the control examination for example systemic problems, management weaknesses, lack of audit trail, lack of supporting documentation, cases under legal proceedings, etc.; estimate the amounts of expenditure affected by these limitations and the corresponding Community aid).

4. The control examination, together with the conclusions of any other national or Community controls to which I have had access, revealed a low/high (indicate as appropriate; if high, explain) frequency of errors/irregularities. Any reported errors/irregularities have been satisfactorily treated by the management authorities and they do not appear to affect the amount of the Community aid payable, with the following exceptions:

(a)

(b)

(c), etc.

(Indicate the errors/irregularities which have not been satisfactorily treated, and for each case, the possible systemic character and extent of the problem and the amounts of Community aid which appear to be affected).

CONCLUSION

Either

If there are no limitations to the control examination, the frequency of errors found is low and all problems have been satisfactorily treated:

5 (a) In the light of the control examination and the conclusions of any other national or Community controls to which I have had access, it is my opinion that the final declaration of expenditure presents fairly, in all material respects, the expenditure made in accordance with the regulatory and the programme provisions, and the request to the Commission for the payment of the balance of the Community aid appears to be valid.

Or

If there are certain limitations to the control examination but the frequency of errors is not high, or if there are problems which have not been satisfactorily treated:

5 (b) Except for the matters referred to at point 3 above and (or) the errors/irregularities which do not appear to have been satisfactorily treated as referred to at point 4, it is my opinion, based on the control examination and the conclusions of any other national or Community controls to which I have had access, that the final declaration of expenditure presents fairly, in all material respects, the expenditure made in accordance with the regulatory and the programme provisions, and that the request to the Commission for the payment of the balance of the Community aid appears to be valid.

Or

If there are important limitations to the control examination or the frequency of errors found is high, even if the reported errors/irregularities have been satisfactorily treated:

5 (c) In view of the matters referred to at point 3 and (or) given the high frequency of errors revealed at point 4, I am not in a position to express an opinion on the final declaration of expenditure and the request to the Commission for the payment of the balance of the Community aid.

Date, signature.

Ciarán Cuffe

Question:

109 Mr. Cuffe asked the Minister for Enterprise, Trade and Employment the way in which the advance payment element of European Social Fund expenditures to be audited having regard to the May 1997 datasheets. [29582/04]

The datasheets which were published by the European Commission in 1997 applied to the 1994-99 Structural Fund programming period. They were intended to clarify for member states the eligibility criteria applying to the Structural Funds.

The payment advances made from the European Social Fund at the start of the 2000-06 Structural Fund programming period will be audited in accordance with the provisions of Council Regulation (EC) No. 1260/99 of 21 June 1999 laying down general provisions on the Structural Funds, and Commission Regulation (EC) No. 438/2001 of 2 March 2001 laying down detailed rules for the implementation of Regulation 1260/99 as regards the management and control systems for assistance granted under the Structural Funds. I will arrange to have a copy of Regulation 438/2001 forwarded to the Deputy.

Question Nos. 110 to 114, inclusive, answered with Question No. 103

Work Permits.

Michael Ring

Question:

115 Mr. Ring asked the Minister for Enterprise, Trade and Employment when a work permit application in the name of a person (details supplied) in County Mayo will be decided on. {29605/04}

I am pleased to inform the Deputy that a work permit was recently issued in respect of the above named individual.

Gerard Murphy

Question:

116 Mr. Murphy asked the Minister for Enterprise, Trade and Employment if a work permit application will be expedited for a person (details supplied). {29606/04}

The work permit section of my Department wrote to the above named employer on 29 October 2004 seeking additional information so that these applications can be processed. To date, the work permit section has not received a reply to this correspondence.

Departmental Recommendations

Michael Ring

Question:

117 Mr. Ring asked the Minister for Social and Family Affairs if payments were made to persons who submitted recommendations which resulted in savings for his Department under any social welfare scheme; if so, the recommendations which were made; the savings which resulted to his Department for each social welfare scheme; and the amounts which were paid for the recommendations and the persons to whom payments were made, with details for each of the past three years. [29560/04}

Since 2002 my Department has awarded cash payments to 106 staff members in respect of 91 suggestions submitted under the Civil Service staff suggestion scheme, known as INPUT. The purpose of INPUT is to encourage and reward suggestions from staff which improve the effectiveness and efficiency of the activities undertaken by Departments. It has not been possible in the time available to provide the detailed information requested by the Deputy but the material will be compiled and a reply issued to the Deputy as soon as possible.

Pension Provisions.

Willie Penrose

Question:

118 Mr. Penrose asked the Minister for Social and Family Affairs the reason a person (details supplied) in County Wicklow has still not been awarded a PRSI refund; and if he will make a statement on the matter. {29561/04}

Contributions to PRSAs and other personal pensions may be made in a personal capacity outside the payroll system. Social welfare legislation provides for the return, subject to certain conditions, of PRSI contributions paid in respect of payments made to such pensions by employees and proprietary directors outside the payroll system. The refund process is technically complex involving a number of steps and calculations, requiring both revenue and social welfare legislation to be taken into account. My Department and the Revenue Commissioners are currently in consultation to agree mechanisms to refund in these cases and I expect an agreement on these mechanisms will be reached soon.

As soon as the necessary mechanisms are in place, information on how to claim a refund will be publicised and all refunds, including refunds due to the person concerned in this question, will be paid in full.

Social Welfare Benefits.

Bernard J. Durkan

Question:

119 Mr. Durkan asked the Minister for Social and Family Affairs when a person (details supplied) in County Kildare will be awarded one-parent family allowance; and if he will make a statement on the matter. [29590/04]

Payment of one-parent family payment was disallowed in this case because the person concerned failed to disclose all her means. She subsequently informed the Department that she had changed her address and she provided some documentation on her means. Her application has been referred to a local officer who has interviewed her at her new address. Investigations are ongoing, however, because all the information required to finalise the inquiries are not yet available. A decision will be made when the necessary inquiries have been completed and the person concerned will be notified of the outcome. Under social welfare legislation, decisions on claims must be made by deciding officers and appeals officers. The officers are statutorily appointed and I have no role in making such decisions.

Bernard J. Durkan

Question:

120 Mr. Durkan asked the Minister for Social and Family Affairs how he expects a person (details supplied) in County Kildare to survive on a net income of social welfare and rent support of €138 per week; and if he will make a statement on the matter. [29634/04]

The person in question is in receipt of an invalidity pension from the Department of Social and Family Affairs. Her pension is at the maximum rate and includes the appropriate increase in respect of a child dependant. She is also in receipt of a fuel allowance during the winter heating season from October to April. The person is in receipt of a monthly rent supplement of €366.50, which is the correct amount payable in her situation. Her net income after paying rent is €138.60 per week. This is the full net amount to which a household comprising one adult and one child is entitled, based on current payment rates.

The supplementary welfare allowance scheme provides for exceptional needs payments to help meet essential, one-off expenditure which a person could not reasonably be expected to meet from his or her weekly income. If the person concerned finds that she has essential expenses which she is unable to provide for, she can apply for an exceptional needs payment by contacting the community welfare officer at her local health centre. The determination of entitlement to rent supplement or to exceptional needs payments is a matter for the health board. Neither I nor my Department have any function in deciding entitlement in individual cases.

Michael Ring

Question:

121 Mr. Ring asked the Minister for Social and Family Affairs when a person (details supplied) in County Mayo will be approved for carer’s allowance. [29643/04]

The person in question has been awarded carer's allowance with effect from 19 August 2004, at the maximum weekly personal rate of €139.60. The decision was made after she submitted additional medical evidence last month to the social welfare appeals office. She has been notified of the award. Her payable order books will be available for collection at Belmullet post office on 25 November 2004 and any arrears of allowance due to her will issue shortly thereafter.

Severance Agreement.

Róisín Shortall

Question:

122 Ms Shortall asked the Minister for Transport if he will report on the terms of the severance agreement reached between his Department and the outgoing board of Aer Rianta in respect of each of the board members and each of the management staff who received packages on the winding up of the Aer Rianta board; and if he will make a statement on the matter. [29603/04]

The only agreement concerning former Aer Rianta board members related to cases involving the premature termination of their terms of office. It was agreed that board members who had not completed their terms of office as envisaged at the time of their original appointment should be paid the balance of their director's fees which would otherwise have been payable to them had they completed their terms of office.

Airport Development Projects.

Cecilia Keaveney

Question:

123 Cecilia Keaveney asked the Minister for Transport the discussions he has had recently with his counterparts to have outstanding issues in relation to the extension of the runway at City of Derry Airport resolved; and if he will make a statement on the matter. [29530/04]

The Department of Transport is considering two separate proposals about the runway and other infrastructural developments at City of Derry Airport. It has participated in a project steering group, which was established at the request of the Secretary of State for Northern Ireland, to examine all aspects of the proposed development of the airport, including the technical need for the proposed runway extension, the current and projected financial position of the airport company, the business case supporting the proposed capital investment and the wider issue of balanced economic development for the entire north-west region. The steering group comprised an official from the Department of Transport, as well as officials from relevant Departments and agencies in Northern Ireland and representatives from local chambers of commerce. The steering group recently concluded its work and a final report is being considered. A separate proposal for retrospective funding towards costs associated with a runway safety improvement project originally approved in 1999, as well as other essential safety related capital expenditure, is also under consideration.

Driving Tests.

Phil Hogan

Question:

124 Mr. Hogan asked the Minister for Transport if a driving test application will be expedited for a person (details supplied); and if he will make a statement on the matter. [29531/04]

It has not been possible for the Department of Transport to locate a driving test application for the person named from the details provided.

Public Transport.

Seán Crowe

Question:

125 Mr. Crowe asked the Minister for Transport when the commitment outlined in the National Development Plan to increase the bus supply by at least 150, will be met; the locations to which these buses will be assigned; and when communities and commuters can expect to see these buses on routes. [29532/04]

Richard Bruton

Question:

131 Mr. R. Bruton asked the Minister for Transport his plans for the peak hour passenger numbers on Dublin Bus when the full quality bus corridor network is in operation; his forecast for the numbers which will be carried into 2005, 2006 and 2007. [29554/04]

Richard Bruton

Question:

132 Mr. R. Bruton asked the Minister for Transport the plans for the purchase of new buses under the National Development Plan for each of 2005, 2006 and 2007. [29555/04]

I propose to take Questions Nos. 125, 131 and 132 together.

The national development plan provides for the purchase by Bus Átha Cliath of 275 additional buses and 500 replacement buses between 2000 and 2006. Since 2000, the company has purchased 460 new buses, 93 of which are additions to the fleet and all of which are low floor and wheelchair accessible. The new buses, which are in operation, have improved the quality and reliability of the fleet and have provided for increased capacity and frequency of services. The deployment of the buses, which have been funded under the national development plan from a combination of Exchequer grants and CIE resources, is an operational matter for Bus Átha Cliath. The company has ordered 50 new buses for delivery in 2005, but it has not yet made a final decision on the total number of buses to be purchased between 2005 and 2007. Accordingly, it has not finalised its peak hour passenger forecasts.

Heavy Goods Vehicles.

Seán Crowe

Question:

126 Mr. Crowe asked the Minister for Transport the approximate number of so-called supercube trucks that operate in the State. [29533/04]

Seán Crowe

Question:

127 Mr. Crowe asked the Minister for Transport when the review of supercube trucks will commence; the expected timescale; the groups which will be invited to participate; and the approximate date of closure and publication of such a review. [29534/04]

I propose to take Questions Nos. 126 and 127 together.

The term "supercube truck" is not an official vehicle classification. It is used by the industry to describe certain non-standard height vehicles. There are no official statistics on the number of supercube trucks registered in the State. Two separate surveys of heavy goods vehicles using Dublin Port, which were conducted by the Dublin Port Company and the National Institute of Transport Logistics, found that 4,625 of the 838,580 vehicles which were surveyed, or 0.67% of the total, exceeded 4.65 metres.

The policy considerations to be taken into account when determining public policy on vehicle height do not relate just to the potential effect of regulation on supercube vehicles. They are more extensive and relate to road safety, rail safety, environment, quality of life, protection of expensive infrastructure and the need for certainty in planning for future investment in road, bridge and railway infrastructure. The review of public policy in this area is concerned with the use of vehicles which exceed 4.6 metres in height, regardless of whether they are supercubes.

As I indicated in my response to Questions Nos. 126, 132, 144, 163 and 178 of 2 November 2004, I intend to publish a consultative paper on the matter of a vehicle height limit. The paper will be published as soon as it has been translated into Irish, which I expect will be completed early next month. I am anxious that the consultative process will be as broad as possible. It will involve the general public, as well as the principal interests directly involved in the matter. The paper, which will be available on the website of the Department of Transport, will be circulated to the principal interests involved, such as the National Roads Authority, Irish Rail and the Irish Road Haulage Association. Approximately three weeks, until 31 December 2004, will be provided for the making of comments or suggestions by interested parties and the public on the consultative paper. After I have considered the responses I intend to announce early in the new year how I propose to proceed with this matter.

Road Safety.

Seán Crowe

Question:

128 Mr. Crowe asked the Minister for Transport the steps he is taking to reduce the number of the 360,000 learner drivers in the State. [29535/04]

Under the Government's recently published strategy for road safety 2004 to 2006, consideration is being given to amendments to driver licensing regulations to discourage long-term reliance on provisional licences.

Seán Crowe

Question:

129 Mr. Crowe asked the Minister for Transport the breakdown of the 360,000 learner drivers in the State; and the number which have first licences and second licences respectively. [29536/04]

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 that the Deputy has requested. I will forward the information to the Deputy as soon as it is available.

Public Transport.

Richard Bruton

Question:

130 Mr. R. Bruton asked the Minister for Transport the total capacity of the Dublin Bus fleet in each year from 1997 to date. [29533/04]

The total capacity of the Dublin Bus fleet at the end of each year since 1997, inclusive of standing room capacity, is as follows.

Year

Total Capacity

1997

67,150

1998

67,320

1999

74,385

2000

82,590

2001

87,990

2002

92,158

2003

93,249

It is expected that the fleet capacity at the end of 2004 will be in the region of 95,517. The number of buses in use at any time can vary from day to day.

Questions Nos. 131 and 132 answered with Question No. 125.

Driving Tests.

Brian O'Shea

Question:

133 Mr. O’Shea asked the Minister for Transport the waiting period in weeks for a driving test at each of the test centres in the State; and if he will make a statement on the matter. [29611/04]

The average waiting time for a driving test for each driving test centre at 12 November 2004 is set out in the following table.

Average Waiting Time at 12 November 2004

Average Weeks Waiting

North Leinster

Finglas

26

Dundalk

22

Mullingar

24

Navan

41

Raheny

31

South Leinster

Churchtown/Rathgar

33

Gorey

33

Naas

33

Tullamore

27

Wicklow

30

Tallaght

30

West

Athlone

22

Birr

24

Castlebar

32

Clifden

19

Ennis

16

Galway

26

Loughrea

19

Roscommon

25

Tuam

28

North West

Ballina

26

Buncrana

29

Carrick-on-Shannon

35

Cavan

37

Donegal

29

Letterkenny

29

Longford

34

Monaghan

30

Sligo

25

South East

Carlow

33

Clonmel

36

Dungarvan

32

Kilkenny

30

Nenagh

37

Portlaoise

35

Thurles

41

Tipperary

44

Waterford

37

Wexford

26

South West

Cork

20

Killarney

33

Kilrush

26

Limerick

34

Mallow

19

Newcastle West

27

Shannon

32

Skibbereen

25

Tralee

30

Note: The average waiting time is derived having regard to waiting times experienced by individual applicants who have undergone a driving test over the previous four week period in the test centre.

Community Development.

Richard Bruton

Question:

134 Mr. R. Bruton asked the Minister for Community, Rural and Gaeltacht Affairs if his attention has been drawn to the fact that family resource centres have been excluded from the support scheme for community and voluntary groups in 2004; if his attention has been further drawn to the fact that this is seriously undermining the funding of many important community centres; and if there are alternative sources of funds which might assist centres such as a family resource centre (details supplied) in Dublin 5. [29548/04]

In reviewing the operation of the programme of grants for locally based community and voluntary organisations 2004, and having regard to the funds available for the programme and the availability of funding from other sources, a number of categories of organisations were excluded from applying under the programme. Family resource centres were one of those categories excluded.

The Department of Social and Family Affairs funds family resource centres under the family and community services resource programme through the Family Support Agency, and it is open to the group in question to apply for funding under that programme.

Departmental Bodies.

Denis Naughten

Question:

135 Mr. Naughten asked the Minister for Agriculture and Food her plans to develop the Teagasc service provided to farmers; and if she will make a statement on the matter. [29500/04]

Teagasc, the agriculture and food development authority, was established under the Agriculture (Research, Training and Advice) Act 1988. Its function under the Act is to provide research, training and advisory services for the agri-food sector. Teagasc is governed by an eleven member authority. The chairman and five ordinary members are appointed by the Minister and the remaining five members are appointed by the Minister following nominations from designated organisations — IFA, ICMSA, ICOS, Macra na Feirme and Teagasc unions.

Teagasc has 365 permanent staff comprising advisers, teachers and research scientists with appropriate supporting services. These are complemented by 250 contract staff, as well as teaching staff in the private agricultural and horticultural colleges. Teagasc staff carry out their functions at more than 90 locations.

Teagasc's operating budget for 2004 amounts to more than €153 million. Advisory services make up the largest budget item at 35% of expenditure followed by production research at 32%, training programmes at 19% and food research at 13%. My Department's provision to Teagasc for non-capital purposes in 2004 amounts to €117 million. While no funding for capital development purposes was directly provided from the Exchequer in 2004, Teagasc may use up to €7 million of the retained proceeds from the sale of its assets in 2003 and 2004 to fund its capital programme this year. By any standards, these are substantial resources and indicate the Government's continuing commitment to supporting Teagasc activities.

It is the responsibility of the Teagasc authority to prioritise activities and to allocate its funding accordingly. This it has done over the years in accordance with the needs of clients, EU and Government policy and industry needs. I am satisfied that, in doing so, it has provided a first class service to Irish farmers. In the short term, Teagasc will have to reconfigure its programmes in response to the fundamental changes in agriculture arising out of the single payment. The authority is, however, well accustomed to tailoring its programmes to meet the changing requirements of the agri-food sector. Its annual programme of activities is developed in consultation with the key stakeholders in the sector many of whom are represented on the authority. Recently it has undertaken more strategic planning initiatives, the Teagasc 2000 review and the three-year strategy required under the strategic management initiative. A new review of its training and education programmes is under way.

I am satisfied Teagasc is well placed to face the future and to continue to provide the innovation and technology transfer for the sustainable development of agriculture, the food industry and rural communities in the years ahead.

Food Labelling.

Denis Naughten

Question:

136 Mr. Naughten asked the Minister for Agriculture and Food if she has satisfied herself with the meat labelling procedures here; and if she will make a statement on the matter. [29501/04]

While all meat products sold at retail level in Ireland are subject to the general labelling food requirements set out in national and EU legislation there are gaps in meat labelling that I intend to fill when I have fully considered the technical and legal implications involved.

With regard to beef, there is already in place a comprehensive traceability and labelling system. EU regulations provide for a detailed labelling system to be applied at retail sale that is over and above the general labelling provisions. There is, however, a gap in these requirements in so far as they do not apply at restaurant and catering sector level, even though traceability and labelling provisions apply up to the point of delivery to the establishment. It is my intention to proceed with a legal requirement that the country of origin must be displayed in respect of beef served on such premises. The legal options allowing for this development are being examined.

As regards lamb and pork, to which food labelling requirements apply, I am considering how best to implement the recommendations of the food labelling group in respect of labelling of origin of these products sold at retail level.

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

Food Production.

Trevor Sargent

Question:

137 Mr. Sargent asked the Minister for Agriculture and Food if her attention has been drawn to the recent development of sensors to calculate exactly the quantity of nitrogen a crop needs; and if she will progress the use of such sensors here. [29614/04]

I am aware of the recent developments mentioned and of the pioneering methods used to calculate the quantity of nitrogen needed for crop production. Teagasc is responsible for monitoring such developments and carrying out its own research in this area. Current Teagasc fertiliser recommendations based on soil analysis and cropping history set out to protect the environment as well as maximising crop returns. However, it is conscious of the environmental benefits that would accrue from a more site-specific matching of fertiliser application to crop needs. Teagasc, therefore, carefully monitors all new developments that might help to achieve this aim. The N sensor, which predicts nitrogen requirement from foliage colour, is one such emerging technology. However, several other soil and weather factors also affect colour, so some further fine tuning of the system is needed. I am confident that much progress will be made in bringing more precise site-specific fertiliser application to the market-place over the next five years, but it is evident that further research and development is needed before a system is established that could be recommended for widespread adoption by farmers.

Afforestation Programme.

Bernard J. Durkan

Question:

138 Mr. Durkan asked the Minister for Agriculture and Food the number of hectares of trees by species planted in each of the past five years; and if she will make a statement on the matter. [25800/04]

Bernard J. Durkan

Question:

139 Mr. Durkan asked the Minister for Agriculture and Food the value of timber harvested in the country in each of the past five years; the amount exported and used in the domestic market; and if she will make a statement on the matter. [25801/04]

Bernard J. Durkan

Question:

140 Mr. Durkan asked the Minister for Agriculture and Food the number of ozone friendly trees planted in this country in the past five years; the number which have been harvested in the same period; and if she will make a statement on the matter. [25804/04]

Bernard J. Durkan

Question:

141 Mr. Durkan asked the Minister for Agriculture and Food the degree to which forests throughout the country have been harvested in the past five years; the number of hectares involved and the number of hectares replanted; and if she will make a statement on the matter. [25806/04]

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

The total area — hectares — of afforestation grant aided by my Department in each of the last five years was as follows:

1999

2000

2001

2002

2003

Conifers

Sitka Spruce

6,890

9,335

9,378

8,818

5,053

Pine

682

654

610

449

235

Norway Spruce

1,551

1,449

1,265

1,183

550

Other Conifers

1,630

2,230

2,288

1,981

751

Broadleaves

Oak

454

328

366

563

504

Beech

59

42

67

97

81

Others

1,401

1,657

1,490

1,963

1,923

ALL

12,667

15,695

15,464

15,054

9,097

In this regard, all trees are ozone friendly. In terms of harvesting, the total area — hectares — harvested by Coillte Teoranta in each of the last five years was as follows:

1999

2000

2001

2002

2003

Hectares

22,193

23,431

19,882

20,288

17,979

Value €m

€78.5m

€84.5m

€75.3m

€82.3m

€91.2m

These figures account for approximately 95% of all timber harvested in the country. In accordance with the Forestry Act 1946, it is the policy of my Department to attach replanting conditions on felling licences for clearfell areas, save in exceptional circumstances.

As regards exports of timber over the last five years, the Central Statistics Office has provided details as follows:

1999

2000

2001

2002

2003

Tonnes

€(000)

Tonnes

€(000)

Tonnes

€(000)

Tonnes

€(000)

Tonnes

€(000)

373,207

51,607

316,260

59,617

543,206

63,131

519,222

81,812

521,489

82,507

Details of the value of timber used in the domestic market for the five most recent years available, also provided by the Central Statistics Office, are as follows:

1998

1999

2000

2001

2002

€366.8m

€394.7m

€507.2m

€471.7m

€483.8m

Grant Payments.

Phil Hogan

Question:

142 Mr. Hogan asked the Minister for Agriculture and Food the reason payments have been discontinued to persons (details supplied) in County Kilkenny; and if she will make a statement on the matter. [29502/04]

The persons named have to date lodged a total of 13 applications under the 2004 special beef premium scheme listing a total of 393 animals. Under the 2004 EU slaughter premium scheme, 1,011 eligible animals have been identified as slaughtered from the herds of the persons named. An application for 2004 suckler cow premium on 62 animals was lodged on 21 April 2004 by the second person mentioned. There may be a problem regarding the movements of some of these animals which could have a bearing on their eligibility under these schemes. My Department has been in contact with the persons named concerning this possible problem and will contact them again shortly to resolve that problem as quickly as possible and to allow payment of premia deemed to be due.

Martin Ferris

Question:

143 Mr. Ferris asked the Minister for Agriculture and Food if the rate of €240 per hectare will be awarded to commonage farmers who joined the REP scheme after 1 January 2005. [29503/04]

The maximum rate of payment on commonage under measure A of REPS, €242 perhectare, includes an element in respect of income lost through destocking of sheep. In accordance with the terms of the EU regulations governing the single payment scheme, farmers with commonage who, because they had been destocked before the reference period, applied to have years other than that period used in the calculation of their single payment entitlements must agree to accept a reduced agri-environment payment. As matters stand, therefore, farmers applying to join REPS from January 2005 onwards who have been given credit for destocking in their single payment entitlements will not be eligible for the full measure A payment.

Paul Connaughton

Question:

144 Mr. Connaughton asked the Minister for Agriculture and Food the reason the 2004 suckler cow and ewe premium grants have not been awarded to a person (details supplied) in County Galway; and if she will make a statement on the matter. [29558/04]

Payment under the 2004 suckler cow and ewe premium schemes was delayed pending receipt of legal documents regarding ownership. These documents have now been received and payment of the suckler cow and ewe premium will be made shortly.

Gerard Murphy

Question:

145 Mr. Murphy asked the Minister for Agriculture and Food if an application under the single payment scheme 2005 in the name of a person (details supplied) in County Cork will be reviewed. [29596/04]

To date, my Department has issued provisional entitlements statements to approximately 130,000 farmers in connection with the advent of the new single payment scheme. The statement includes a detailed breakdown of how the provisional entitlements were calculated.

Farmers who are not satisfied with their provisional entitlements statement may seek a review on a form which is available from all local offices of my Department and from my Department's website.

I have had arrangements made to have a review form forwarded to the person named, who should complete it and return it to: Single Payment Entitlements Review Section, Special Beef Premium Unit, Old Abbeyleix Road, Portlaoise, County Laois. My officials will then be in direct contact with the person named regarding the review.

My intention is that definitive entitlements statements will issue early in 2005.

Bernard J. Durkan

Question:

146 Mr. Durkan asked the Minister for Agriculture and Food if persons (details supplied) in County Kildare will qualify under the single payment scheme; and if she will make a statement on the matter. [29597/04]

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

Department records indicate that the person named was not a participant under the direct payment schemes during this period and therefore does not qualify for entitlements under the single farm payment scheme.

Live Exports.

Bernard J. Durkan

Question:

147 Mr. Durkan asked the Minister for Agriculture and Food the measure she proposes to take in the event of the cessation of live exports due to the lack of a carrier; if she has examined the likely negative impact and loss of income to producers in such circumstances; and if she will make a statement on the matter. [29615/04]

The Government has consistently supported the continuance of the live export trade, as an essential market outlet for Irish farmers. Regarding the transport of animals by sea, my Department's function is to approve sea vessels for the carriage of livestock by working closely with applicant companies to ensure that the conditions aboard such vessels are consistent with national and EU animal welfare requirements. Within this framework, 18 dedicated livestock vessels and three roll-on roll-off vessels have been approved for the carriage of cattle since 1995. However, the actual provision of such services is a commercial matter.

I assure the Deputy, however, that I am exploring all options to facilitate the continuation of the live export trade. I have met a number of stakeholders in the industry and have raised the possibility of re-opening the landbridge through the UK with Commissioner Byrne. At this week's meeting of the EU standing committee on the food chain and animal health, the European Commission indicated its willingness to bring forward a proposal on this matter at an early date. Officials of my Department are also working closely with prospective service providers on providing an alternative ferry service. Nevertheless, the transport of live animals is ultimately a commercial matter and my Department has approved a sufficient number of vessels to provide a service if the commercial demand exists. Likewise, it will inspect any further vessels that are proposed for use in transporting cattle.

As regards producer incomes, the price of cattle is dependant on a number of factors in the market at any given time including the availability of live shipping outlets.

Animal Feedstuffs.

Bernard J. Durkan

Question:

148 Mr. Durkan asked the Minister for Agriculture and Food if she has satisfied herself that every step has and is being taken to eliminate the possibility of importation of any animal diseases through animal seed stuff or importation of meat or meat products; and if she will make a statement on the matter. [29616/04]

Bernard J. Durkan

Question:

157 Mr. Durkan asked the Minister for Agriculture and Food the degree to which she can give assurances regarding the possible importation of animal diseases here through either the human or animal food chain; and if she will make a statement on the matter. [29627/04]

I propose to take Questions Nos. 148 and 157 together.

My Department operates stringent controls on imports of animal feedstuffs at all levels of the feed chain, including the sampling and analysis of all imported bulk shipments of feed materials for the presence of bone spicules — they being indicators of the possible presence of processed animal proteins. To strengthen these controls, earlier this year my Department put in place new operating procedures, SOP, for the sampling, analysis and follow-up of positive results for processed animal proteins in animal feedstuffs. The new SOP provided for an extension to the sampling procedures whereby a proportion of imports of feed material from third countries are sampled at the point of entry and tested for processed animal proteins prior to being put into circulation or use in the feed chain. Circulation of the sampled material will not be permitted until the results of tests carried out are to hand and confirm that the samples are free from contamination.

My Department also operates extensive controls on imports of meat and meat products in accordance with detailed rules set down under community legislation providing for the production, processing and trade in animal products to protect human and animal health.

Third countries' animal products may only be imported from countries that the EU has approved on the basis that their controls are at least equivalent to those of the member states. These harmonised rules are operated in accordance with Community legislation and are audited by the food and veterinary office, FVO, of the EU.

I fully accept that controls on the importation and circulation of feed and meat products are critical to the success of the national effort to contain and eliminate diseases such as BSE and to protect the integrity of the feed and food chain. Any failures in this regard hold the potential to undermine progress made to date and to negate the time, money and effort which various interested parties, not least the taxpayer, have committed to this end over recent years with increasingly obvious success.

Beef Industry Irregularities.

Bernard J. Durkan

Question:

149 Mr. Durkan asked the Minister for Agriculture and Food if any meat products, bonemeal or offal exported from this country arising from the beef destruct scheme or otherwise have found its way back into the country again by circuitous means; and if she will make a statement on the matter. [29617/04]

I take it that the Deputy is referring to the beef purchase for destruction, PFD, scheme and the beef special purchase scheme, SPS, as operated by my Department in 2001 and 2002. Following a tender procedure my Department contracted three companies to dispose of the meat and bone meal arising from the PFD and SPS schemes. All quantities produced were dispatched for incineration in Germany and the UK. There is no evidence whatsoever that any of this material was re-imported into Ireland.

Grant Payments.

Bernard J. Durkan

Question:

150 Mr. Durkan asked the Minister for Agriculture and Food the extent to which applications for single payment have been favourably responded to; and if she will make a statement on the matter. [29618/04]

The new single payment scheme will replace all livestock premia and arable aid schemes and will be introduced in Ireland from 1 January 2005. It is envisaged that there will be one composite form incorporating area aid and single payment applications. Consequently, applications under the single payment scheme will not be available to farmers until the 2005 area aid application becomes available in spring 2005. My Department is in the process of calculating entitlements for each farmer and has already issued provisional statements of entitlements to some 130,000 farmers.

Rural Environment Protection Scheme.

Bernard J. Durkan

Question:

151 Mr. Durkan asked the Minister for Agriculture and Food the number of participants in the original REP scheme; the number currently in the scheme; the number of participants who are required to make refunds payments to her Department for whatever reason; and if she will make a statement on the matter. [29619/04]

The original REP scheme was launched in 1994. Participation levels peaked at approximately 45,000 participants in 1999. Numbers are now increasing again. At present more than 40,500 farmers are participating in REPS and my Department has another 1,200 applications on hand.

Currently there are 1,275 existing or former participants in REPS from whom my Department is seeking to recover payments.

Dairy Sector.

Bernard J. Durkan

Question:

152 Mr. Durkan asked the Minister for Agriculture and Food the extent to which output in the dairy industry has increased or decreased in the past ten years; the future prospects in this regard; and if she will make a statement on the matter. [29620/04]

The supply of milk from Irish producers to the dairy processing sector is subject to the production constraints imposed by the milk quota regime. Given that a levy is payable on milk production over and above Ireland's milk quota allocation, milk production volumes in Ireland have remained relatively stable over the last ten years.

The table below shows the production of Ireland's main dairy products in the years 1994 and 2003. It is clear that an increased proportion of Ireland's milk pool is being utilised in the production of cheese and casein, with a consequent reduction in the manufacture of milk powders; the production of butter and butteroil remains relatively stable. These trends are broadly in line with those in other EU member states.

Production of dairy products

1994 (tonnes)

2003 (tonnes)

Percentage change

Butter and Butteroil

142,297

147,200

+3.4

Cheese

92,700

111,900

+20.7

Skimmed Milk Powder

129,500

78,500

-39.4

Whole Milk Powder

36,041

31,037

-13.9

Casein

36,509

50,514

+38.4

The Prospectus report entitled, Strategic Development Plan for the Irish Dairy Processing Sector, recommends a readjustment in the Irish dairy industry's product portfolio with reduced production of commodity type dairy products and a greater emphasis on the development of higher margin products. Ultimately, it is a matter for the industry to respond to market demands and the realities of the new CAP support framework in deciding the product portfolio which will maximise returns from the marketplace.

Beef Industry.

Bernard J. Durkan

Question:

153 Mr. Durkan asked the Minister for Agriculture and Food the extent to which output in the beef production sector has increased or decreased here in the past ten years; and if she will make a statement on the matter. [29621/04]

Irish beef production figures for the past ten years are set out in '000 tonnes carcase weight equivalent in the table below:

Year

1994

1995

1996

1997

1998

1999

2000

2001

2002

2003

Production

400

436

565

579

591

626

555

568

511

560

Beef production peaked at 626,000 tonnes in 1999. In this context suckler cow numbers increased from 624,000 in 1990 to 1.2 million. This shift in production was driven by the demand for better quality beef on the higher value EU markets. These markets now absorb some 83% of total beef exports.

The EU beef market is now in deficit and this creates additional opportunities for Irish beef producers and processors to consolidate and grow a greater share of this high value market. With the removal of technical restrictions relating to coupled payments farmers will in future choose to produce beef based on the returns available in the marketplace. This will make more transparent to Irish producers the market value of beef production.

Cereal Sector.

Bernard J. Durkan

Question:

154 Mr. Durkan asked the Minister for Agriculture and Food the extent to which grain production has increased or decreased in the past ten years; and if she will make a statement on the matter. [29622/04]

Production of cereals in Ireland has averaged about 2 million tonnes in recent years, with fluctuations in production being mainly attributable to weather conditions. The following are production figures over the past ten years:

Year

1995

1.796 million tonnes

1996

2.142 million tonnes

1997

1.943 million tonnes

1998

1.865 million tonnes

1999

2.011 million tonnes

2000

2.174 million tonnes

2001

2.165 million tonnes

2002

1.964 million tonnes

2003

2.147 million tonnes

2004

2.253 million tonnes — latest estimate

It is desirable to maintain this level of production in order to avoid over dependence on imported grain and I am satisfied that, subject to weather conditions, production will continue at the 2 million tonne average.

Under the reformed CAP, Irish cereal farmers will have the cushion of the single farm payment decoupled from production as and from 1 January 2005, and will be able to concentrate on supplying markets, focusing on minimising production costs and maximising their incomes. Improved efficiency of production at farm level will be important to maintain incomes, and to ensure that the volume of output is maintained to support the processing sector.

Potato Sector.

Bernard J. Durkan

Question:

155 Mr. Durkan asked the Minister for Agriculture and Food the extent to which potato growing has increased or decreased in the past ten years; and if she will make a statement on the matter. [29623/04]

During the past ten years potato production area has fallen from 16,600 ha. in 1994 to 13,700 ha. in 2003. The decline in production area continued through the 1990s but has now stabilised at an average of 13,400 ha. for the past three years. Last year saw an increase of 2% in the area planted to potatoes.

The number of potato growers has been halved over the ten year period but numbers have stabilised at 800 growers for the past two years. The reduction in growers has primarily come from growers with smaller holdings. Irish potato production is now dominated by a small number of large scale growers with the largest 200 growers accounting for 80% of the total production area.

EU Directives.

Bernard J. Durkan

Question:

156 Mr. Durkan asked the Minister for Agriculture and Food the degree to which she has measured the potential impact of the nitrates directive on agricultural production; and if she will make a statement on the matter. [29624/04]

The implementation of the nitrates directive is a matter for the Minister for the Environment, Heritage and Local Government in the first instance.

Proposals for a national action programme giving effect to the directive were submitted to the EU Commission in October and preliminary discussions have taken place between the Department of the Environment, Heritage and Local Government, my Department and the European Commission. Proposals for a derogation, allowing farmers to operate at a more intensive level, have also been submitted. Until the discussions with the Commission have been completed, the full terms of the action programme and derogation arrangements will not be known with certainty.

However, Teagasc has undertaken some studies into the likely impact of a number of possible scenarios associated with implementation of the nitrates directive. These indicate that the great majority of farmers are already operating below the general limit of 170 kg of organic nitrogen per hectare specified by the directive. A proportion of dairy specialist producers are operating above that level. However the vast majority of these are operating below 250 kg per hectare, and Ireland has made proposals to the European Commission for arrangements that would allow farmers to continue to operate at that level under appropriate conditions.

My Department will continue to work closely with the Department of the Environment, Heritage and Local Government in discussions with the European Commission on the action programme. It is my objective, shared by the Minister for the Environment, Heritage and Local Government, to minimise the burden of compliance on farmers generally and to ensure that the future of the commercial agriculture sector is safeguarded.

Question No. 157 answered with QuestionNo. 148.

Grant Payments.

Michael Ring

Question:

158 Mr. Ring asked the Minister for Agriculture and Food if she will examine the entitlement of a person (details supplied) in County Mayo to the ewe premium for 2004; and if she received all the information from the application to state that this person had the necessary animals on application. [29644/04]

As stated in my reply of 10 November the person named qualified for payment of €2,100 under the 2004 ewe premium. However under the 2003 scheme he had a shortfall of 40 ewes out of the 115 on which he applied which resulted in non payment of premium. Under the conditions of the scheme the amount that would have been payable on these 40 ewes, €1,170.40, was offset against his 2004 premium of €2,100 leaving a balance of €929.60 which is being processed for payment.

Regarding his position under the 2003 scheme, my Department's records show that notification issued to him indicating that an inspection of his flock would be carried out on 1 April 2003. When the inspector called the person named was not present. Another inspection was arranged for the 7 April for which he received notification on 3 April. He rang the local office of my Department on 3 April stating that he had sold some of the sheep between 1 and 3 April. The inspection went ahead as planned on 7 April and again the person named was not present. Only 75 of the 115 ewes applied on were found during the course of the inspection. He was subsequently requested to submit to his local office documentation such as sales documentation, dispatch dockets or sheep register, relating to the sale of the 40 ewes but there is no record of such documentation being received. He was notified of his contravention of the terms and conditions of the scheme in September 2003 and advised that he could have the decision reviewed by submitting an appeal to the district inspector for the area. There is no record of an appeal ever having been submitted.

Garda Strength.

Richard Bruton

Question:

159 Mr. R. Bruton asked the Minister for Justice, Equality and Law Reform the implications for the authorised number of gardaí in 2005 and in 2006 of the Government’s decision to increase the number of gardaí to 14,000 by 2008. [29540/04]

I am pleased to say that the Government has approved my proposal to increase the strength of the Garda Síochána to 14,000 members, in line with the commitment in An Agreed Programme for Government. This is a key commitment in the programme for government and its implementation will significantly strengthen the operational capacity of the force.

A new recruitment campaign will start shortly as an initial step in increasing the force strength to 14,000. 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, approximately 274 recruits will be taken into the college, amounting to almost 1,100 recruits each year. Taking into account projected retirements, it will lead to a combined organisational strength, of both attested gardaí and recruits in training, of 14,000 as early as 2006.

The commissioner will now be drawing 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 already promised that the additional gardaí will not be put on administrative duties. Rather, they will be put directly into front line, operational, high-visibility policing. They will have a real impact.

The maximum number of gardaí permitted in each rank is set out and amended from time to time in a Government order known as a ranks order which is made under the Garda Síochána Act 1972. The ranks order will be amended by Government to allow the personnel strength of the Garda Síochána to be increased to the target strength of 14,000 members.

Garda Deployment.

Dermot Fitzpatrick

Question:

160 Dr. Fitzpatrick asked the Minister for Justice, Equality and Law Reform his plans to increase the level of police presence in the Dublin Central constituency and to reduce the level of crime; the details of the policing plan for the constituency; the way in which it is designed to address the very different policing needs of the inner city areas of the constituency and the real but different needs of the more residential area of the west of the constituency; and if he will make a statement on the matter. [29541/04]

I have been informed by the Garda authorities, which are responsible for the detailed allocation of resources including personnel, that within the DMR north central division, which is the main division responsible for the policing of the Dublin Central constituency and includes the north inner city, a city centre initiative was introduced on 9 June 2003 and involves high visibility policing in the city centre, with particular emphasis on public order incidents, street thefts, begging and vagrancy and shoplifting.

In conjunction with the above initiative a high profile policing operation throughout the DMR north central commenced on 8 November 2004, following an increase in funding granted by my Department. This operation focuses on both the inner city areas and residential areas, with particular emphasis on public order, road traffic issues, burglaries, liquor licensing laws, community policing and cash in transit issues. In order to focus on the above initiative, extra resources by way of extra beat and mobile patrols, both uniform and plain clothes, have been introduced throughout the DMR north central division to reduce the level of crime.

The personnel strength of the Dublin metropolitan region north central division as at 17 November, 2004 was 635 and an additional 29 probationer gardaí are due to be allocated to the north central division on 26 November 2004. Garda personnel assigned to the Dublin Central constituency, together with overall policing arrangements and operational strategy, are continually monitored and reviewed. Such monitoring ensures that optimum use is made of Garda resources, and the best possible Garda service is provided to the general public.

Residency Permits.

Jim O'Keeffe

Question:

161 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform the residency rights here for those who wish to exercise EU treaty rights; if there is a time limit for dealing with an application by a person wishing to exercise such rights; and the position in relation to an application lodged in December 2003 by persons (details supplied) seeking to exercise such rights. [29542/04]

The EC treaty provides that EU nationals have the right to move and to reside freely within the territory of the member states, subject to the limitations and conditions laid down in the treaty and by the measures adopted to give it effect. These residency rights are of course subject to the power of national derogation on the grounds of public policy, public security and public health.

The EU national's spouse, dependent descendants and dependent relatives in the ascending line of the EU national and his spouse are also entitled to install themselves with the EU national if they qualify under the secondary legislation implementing the relevant provisions of the EC treaty. The residency rights of the EU national and his family will depend on the EU national's status in the State, for example as an employee, as a recipient of services or as a retired person. Directive 64/221/EEC provides that a decision to grant or to refuse a residence permit shall be taken not later than six months from the date of application for the permit.

The non-EU national concerned originally arrived in the State in August 2001 and lodged an application for asylum. A deportation order was made in respect of him in July 2002 and by letter dated 23 April 2003, he was informed of the intention to execute the deportation order. In May 2003 he married an Irish national. As the Irish national was also entitled to citizenship of another EU member state, an application for residency based on marriage to an EU national under Regulation (EEC) 1612/68 was subsequently lodged. This application was processed and residency has recently been granted to the non-EU national following the revocation of the deportation order made in respect of him.

Visa Applications.

Fergus O'Dowd

Question:

162 Mr. O’Dowd asked the Minister for Justice, Equality and Law Reform further to Parliamentary Question No. 369 of 18 May 2004, if a visa will be granted to a person (details supplied) on humanitarian grounds; and if he will make a statement on the matter. [29543/04]

My position regarding the visa application in question is as outlined in my reply to Parliamentary Question Number 369 of 18 May 2004. I am not aware of any exceptional circumstances over and above that of other persons in a similar situation which would warrant a reconsideration of the case. The Deputy will note from my reply of 18 May 2004 that both parents of the person in question abused the Irish visa system for the purpose of gaining entry to the State.

Mary Upton

Question:

163 Dr. Upton asked the Minister for Justice, Equality and Law Reform the position regarding an application for a holiday visa (details supplied). [29556/04]

I am pleased to inform the Deputy that the visa application in question was approved on 15 November 2004.

Registration of Title.

Paul Connaughton

Question:

164 Mr. Connaughton asked the Minister for Justice, Equality and Law Reform when registration of a dealing will take place in the name of a person (details supplied) in County Galway; and if he will make a statement on the matter. [29557/04]

I am informed by the Registrar of Titles that this is an application for a boundary rectification. Dealing number D2003GY012119W refers. I am further informed that correspondence issued to the solicitors acting for both of the parties in this case and a reminder was issued to both parties on 16 November 2004. I am also informed that on receipt of a satisfactory reply to this correspondence, the matter will receive further attention in the Land Registry.

Decentralisation Programme.

Ciarán Cuffe

Question:

165 Mr. Cuffe asked the Minister for Justice, Equality and Law Reform the number of staff members of the Equality Authority who wish to relocate to Roscrea in County Tipperary; the number of staff members of the Equality Tribunal who wish to relocate to Portarlington in County Laois; and the number of staff employed by each of these bodies. [29589/04]

As part of the Government's decentralisation programme, the Equality Authority with 54 staff will decentralise to Roscrea and the equality tribunal with 29.5 staff will decentralise to Portarlington. Based on the decentralisation central applications facility, CAF, data of 7 September 2004, which indicates the applicants first preference in respect of posts below the level of chief executive officer, none of the existing employees of the Equality Authority had applied to decentralise to Roscrea at that stage. However, 36 other civil servants and five public servants have nominated the Equality Authority as their first preference for decentralisation. In the case of the equality tribunal, one existing employee along with 18 other civil servants and three public servants have nominated the equality tribunal as their first preference for decentralisation. As the Deputy is aware, the CAF remains open for the receipt of applications until such time as the decentralisation programme has been implemented in full.

Citizenship Applications.

Jim O'Keeffe

Question:

166 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform the reason it is taking 24 months to process applications for naturalisation; and if he has proposals to deal with this aspect of his ministerial responsibility more efficiently. [29612/04]

The lengthy processing time for applications for naturalisation is primarily due to the significant increase in the volume of applications being received during the last number of years. The following table sets out the position in this regard for the last five years:

Year

New applications

Certificates issued

2000

1,004

125

2001

1,431

1,012

2002

3,574

1,332

2003

3,580

1,664

2004 (end of Sept)

3,138

1,117

There are 23 staff assigned to the citizenship section of my Department at the present time. In all, 650 staff members are employed by my Department in the provision of the 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 the area of service provisions 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.

Bernard J. Durkan

Question:

167 Mr. Durkan asked the Minister for Justice, Equality and Law Reform when a citizenship application in the name of a person (details supplied) in County Kildare will be approved; and if he will make a statement on the matter. [29636/04]

A declaration of acceptance of Irish citizenship as post-nuptial citizenship was received in the citizenship section of my Department on 9 August 2004 from the person referred to in the Deputy's question. The average processing time for such declarations is approximately ten months at present. It is likely, therefore, that processing of the declaration of the person concerned will be concluded by May 2005. The declaration has recently been returned to the person concerned for some amendments. When these amendments have been carried out, processing of the applicant's declaration will continue.

Departmental Schemes.

Pat Breen

Question:

168 Mr. P. Breen asked the Minister for Education and Science the names and the number of the post-primary and primary schools in County Clare which have applied for the 2005 summer works scheme programme; and if she will make a statement on the matter. [29518/04]

The closing date for receipt of applications under the summer works scheme 2005 was 5 November 2004. Officials of my Department's school planning section are in the process of recording and assessing all applications received. On completion of the process, it is planned to publish the list of successful applicants early in the new year.

Child Care Provision.

Seán Crowe

Question:

169 Mr. Crowe asked the Minister for Education and Science the section in her Department which is monitoring the training, quality, quantity and delivery of child care. [29504/04]

Early childhood education and care is a horizontal policy issue involving several Departments and agencies. My Department is primarily concerned with the education aspects. Broad policy issues come under the aegis of the central policy unit of my Department.

To assist in the development of policy options 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. The policy implications of the recommendations arising from the OCED review are under active consideration within my Department and also by the relevant sub-group of the Government's high level working group on child care and early education.

Seán Crowe

Question:

170 Mr. Crowe asked the Minister for Education and Science if costings have been carried out on the recommendations made by the OECD report on child care with respect to her Department’s responsibilities. [29505/04]

The policy implications, including potential costings, of the recommendations arising from the OECD review are under active consideration within my own Department and also by the relevant sub-group of the Government's high level working group on child care and early education.

Departmental Schemes.

Pat Breen

Question:

171 Mr. P. Breen asked the Minister for Education and Science when the applications for the summer works scheme 2005 for a school (details supplied) in County Clare will be considered; and if she will make a statement on the matter. [29506/04]

The management authority of the school to which the Deputy refers has recently made an application for replacement windows under the summer works scheme 2005. All applications for the 2005 scheme will be considered in the school planning section of my Department and it is planned to publish the list of successful applicants in January 2005.

Schools Refurbishment.

David Stanton

Question:

172 Mr. Stanton asked the Minister for Education and Science if her attention has been drawn to the fact that damage was caused to the roof of a school (details supplied) in County Cork during recent storms; if funding will be made available immediately to rectify the damage to prevent further loss or injury; and if she will make a statement on the matter. [29507/04]

The funding required by the school in question falls within the scope of the minor works grant. If funds are available in the minor capital works account, the school should utilise this grant towards the works required. The school authorities have been advised by my Department that contingency funding is only available for emergency works arising in schools that cannot fund a project from the school's maintenance grant.

School Closures.

Finian McGrath

Question:

173 Mr. F. McGrath asked the Minister for Education and Science the reason a school (details supplied) in Dublin 5 will close in 2007; and if she will make a statement on the matter. [29508/04]

The decision to close the school referred to by the Deputy was taken by the trustees. The closure will take place on a phased basis, culminating with full closure in June 2007. Given the pattern of falling enrolments at the school, together with surplus capacity in the general area, my Department concurs with the trustees' decision.

The Department's main role in a school closure is to ensure that the best interests of the pupils are looked after in the period up to the closure and that alternative provision is available to accommodate the pupils who would have ordinarily attended the school.

School Accommodation.

Finian McGrath

Question:

174 Mr. F. McGrath asked the Minister for Education and Science if a school (details supplied) in Dublin 9 will receive the maximum support in 2005, particularly with regard to funding, staffing, building and educational facilities, and for the support of the parents, teachers and pupils of the school; and if she will make a statement on the matter. [29509/04]

The second level school to which the Deputy refers is the recipient of considerable supports from my Department in terms of current and capital funding and extra teaching resources. Currently, it receives €119,122.84 per annum capitation grant together with a range of supports under the school services support initiative totalling €105,483.11. In addition, it receives a range of equalisation grants of over €14,000 per annum. A measure of the increase in overall current funding for a school of this size and type is that by comparison with 1997, it now receives extra funding of over €105,000 per annum.

With regard to teaching resources, the school applied for and received a curricular concession allocation of 1.37 whole time equivalent teacher posts. It was also allocated 0.66 whole time equivalent teaching posts to cater for students with special educational needs. In terms of capital grant aid, the school has received over €1,747,000 since 1998 for a range of projects, including an extension project, refurbishment of a science laboratory, dust extraction and physical education hall works.

The school currently has an application with my Department for the provision of a computer room. This application 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.

Schools Building Projects.

Seymour Crawford

Question:

175 Mr. Crawford asked the Minister for Education and Science the position regarding the building project for a school (details supplied) in County Monaghan; if her attention has been drawn to the fact that this school is coping with two and a half times the numbers for which it was originally intended and that all the facilities, including toilets, are completely archaic; and if she will make a statement on the matter. [29559/04]

The extension project for the school referred to by the Deputy is at an advanced stage of architectural planning and has a band 2 rating. My Department's technical staff are currently examining the stage 4 documentation — detail design. 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 with a view to including them as part of a multi-annual programme from 2005. 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 programme from 2005.

Student Numbers.

Eamon Gilmore

Question:

176 Mr. Gilmore asked the Minister for Education and Science the costs which have been incurred to date in increasing the number of first year students at a college (details supplied) in County Sligo; the estimated additional costs for this college for 2004, 2005, 2006 and 2007; and if she will make a statement on the matter. [29564/04]

Eamon Gilmore

Question:

177 Mr. Gilmore asked the Minister for Education and Science the number of students from each county who enrolled in 2004 as first year students at a college (details supplied) in County Sligo; and if she will make a statement on the matter. [29565/04]

I propose to take Questions Nos. 176 and 177 together.

The total number of first year students enrolled at the college to which the Deputy refers is 53. The college has not yet forwarded the information regarding the numbers of students from each county in 2004 to my Department. When this information becomes available, which is expected very shortly, I will arrange to have it forwarded directly to the Deputy.

My Department funds the college in question on a budget basis and has allocated a total of €2,741,000 to it in 2004. The only additional cost incurred by my Department to date, due to the increasing numbers of first year students, is the cost of one contract post at college lecturer grade. The cost in 2004 for this lecturer is likely to be €20,000, with the full-year cost being in the region of €60,000.

As was the case in previous years, following receipt and examination of the college's budget submission by my Department, the college in question will be funded on a budget basis in 2005, 2006 and 2007. It is impossible to say what the likely annual allocation to the college will be in the absence of those submissions.

Schools Refurbishment.

Paul Connaughton

Question:

178 Mr. Connaughton asked the Minister for Education and Science the position regarding an application for grant aid under the summer jobs scheme by a college (details supplied) in County Galway to overcome health and safety problems concerning students having to use a less than satisfactory play area; and if she will make a statement on the matter. [29566/04]

The management authority of the school to which the Deputy refers recently made an application for the provision of a play area, under the summer works scheme 2005. All applications for the 2005 scheme will be considered in school planning section of my Department and it is planned to publish the list of successful applicants early in the new year.

School Staffing.

Jim O'Keeffe

Question:

179 Mr. J. O’Keeffe asked the Minister for Education and Science the reason a person (details supplied) in County Cork has been denied resource hours, despite full reports having been furnished to verify their situation; and if immediate arrangements will be made to remedy this in order that adequate resource support is provided. [29607/04]

My Department has received an application for resource teaching support for the pupil concerned. My officials are liaising with the National Educational Psychological Service, NEPS, regarding the application. A decision will be conveyed to the school as soon as this process has been completed.

Paul McGrath

Question:

180 Mr. P. McGrath asked the Minister for Education and Science the five projects that are most behind schedule in the context of the capital expenditure on primary schools in 2004; the reason each of these projects is delayed; the total allocation for each of these projects; the savings to her Department by the delay in each of these projects; and if she will make a statement on the matter. [29608/04]

Paul McGrath

Question:

181 Mr. P. McGrath asked the Minister for Education and Science the five projects that are most behind scheduled in the context of the capital expenditure on second level schools in 2004; the reason each of these projects is delayed; the total allocation for each of these projects; the savings to her Department by the delay in each of these projects; and if she will make a statement on the matter. [29609/04]

I propose to take Questions Nos. 180 and 181 together.

The 2004 school building programme is a very complex undertaking involving many hundreds of individual projects ranging from new school buildings, extensions, refurbishments and other projects under the summer works scheme, the temporary and permanent accommodation initiatives, the remediation programmes and the contingency fund. In addition, my Department funds the purchase of sites for new school building projects.

In broad terms, there are many reasons outside the control of my Department which contribute to projects not advancing as quickly as expected. These include an appeal of planning permission by third parties to An Bord Pleanála, contractors withdrawing tenders, design teams being slower than anticipated in getting projects tendered and delays in the legal process associated with site purchases. As the Deputy will appreciate, it is not possible for me to give individual project details for commercial sensitivity reasons.

School Attendance.

Breeda Moynihan-Cronin

Question:

182 Ms B. Moynihan-Cronin asked the Minister for Education and Science if a second education welfare officer will be provided for County Kerry; if her attention has been drawn to the need for such a person; the number of referrals to the Education Welfare Board from Kerry in 2003 and to date in 2004; and if she will make a statement on the matter. [29638/04]

My Department recently conveyed approval to the National Educational Welfare Board for the recruitment of an additional ten educational welfare service delivery staff. Decisions relating to the assignment of staff to specific areas are a matter for the board, which is an independent statutory agency.

The issues raised by the Deputy are matters for the National Educational Welfare Board, which was established under the Education (Welfare) Act 2000 as the single national body with responsibility for school attendance. I am arranging to pass the Deputy's query to the NEWB for direct reply to her.

Higher Education Grants.

Brian O'Shea

Question:

183 Mr. O’Shea asked the Minister for Education and Science if the third level grant application from a person (details supplied) in County Waterford will be reviewed with a view to introducing appropriate amending legislation in order that such candidates can qualify; and if she will make a statement on the matter. [29639/04]

The decision on eligibility for maintenance grants is a matter for the relevant local authority or VEC. These bodies do not refer individual applications to my Department except, in exceptional cases, where, for example, advice or instruction regarding a particular clause in the relevant scheme is desired. The higher education grants scheme operates under the Local Authorities (Higher Education Grants) Acts 1968 to 1992. These Acts define mature students to mean persons "of not less than 23 years of age, or such other age as may stand specified for the time being in regulations made by the Minister with the consent of the Minister for Finance, who have secured places in approved institutions and have reached that age on the 1st day of January, or such other date as may be prescribed from time to time by the Minister with the consent of the Minister for Finance, in the year of entry to such institutions".

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

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

I understand that the student in question was out of the country travelling from September 2003 to July 2004 and that on her return she took up residence at her parents' address. She was accordingly assessed with reference to her parents' address and income details. The Deputy will appreciate that the terms of the schemes are of general application and it is not open to me to make exceptions in individual cases. It is not proposed, in the foreseeable future, to change the current position in relation to the assessment of mature students.

Army Barracks.

Ned O'Keeffe

Question:

184 Mr. N. O’Keeffe asked the Minister for Defence if he will put the necessary arrangements in place to provide a new target shed and workshop for civilian staff at a military camp (details supplied) in County Cork. [29571/04]

The target shed in Kilworth Camp, County Cork is currently being reproofed and temporary accommodation is being used by the personnel normally employed therein. The reproofing work is to be completed by Christmas and running water and a power supply will then be provided. When the power supply has been installed, heating and lighting will be provided in the building. The provision of a new barrack foreman of works workshop and barracks services store is under consideration at present.

Architectural Heritage.

Tony Gregory

Question:

185 Mr. Gregory asked the Minister for the Environment, Heritage and Local Government if an application for a heritage grant was made by a school (details supplied) in Dublin 7; the reason no funding was made available; and if this matter will be further considered in the context of a new application. [29567/04]

No application has been made under the architectural conservation grant scheme administered by my Department in respect of the school referred to in the question. The Heritage Council operates its own scheme of heritage grants and inquiries regarding any grant application which has been made to the Heritage Council may appropriately be directed to that body.

Water and Sewerage Schemes.

Phil Hogan

Question:

186 Mr. Hogan asked the Minister for the Environment, Heritage and Local Government when the upgrade of a sewerage scheme (details supplied) in County Kilkenny will receive the necessary approval; and if he will make a statement on the matter. [29510/04]

Proposals for a wastewater scheme to serve Glenmore were ranked sixteenth in the list of wastewater schemes submitted by Kilkenny County Council in December 2003 in response to my Department's request to all local authorities to undertake fresh assessments of the needs for capital works in their areas and to prioritise their proposals on the basis of the assessments. The priority lists were taken into account in the framing of my Department's water services investment programme 2004-06 published in May 2004. Given the ranking afforded to the scheme by the council, it has not been possible to include it in the current programme. However, it would be open to the council itself to consider funding the scheme, estimated to cost €0.15 million, under the small schemes measure of the devolved rural water programme.

Local Authority Housing.

Jim O'Keeffe

Question:

187 Mr. J. O’Keeffe asked the Minister for the Environment, Heritage and Local Government the support available towards the cost of the installation of heating in the homes of local authority tenants and pensioners in view of the fact that such costs may now include special ESB network service charges of €800 for electricity connection. [29511/04]

Since 1994 my Department has required that central heating be provided in all new local authority dwellings and included in the overall cost of schemes. Where capital funding is provided under regeneration and remedial programmes operated by my Department for upgrading of local authority dwellings, the provision of central heating may form part of the work undertaken. In addition, some authorities have been granted approval, on foot of specific proposals, to the use of their internal capital receipts to provide central heating in particular cases.

In July of this year, my Department introduced a special programme for the installation of central heating in existing local authority rented dwellings. A sum of €12 million has been provided by my Department for the programme in 2004. There is no contribution sought from the tenant in respect of installations under the central heating programme. Similarly, in relation to new local authority housing, any ESB connection charges would be part of the overall cost of the house and would not fall to be paid by the individual tenant.

Local Authority Funding.

Bernard J. Durkan

Question:

188 Mr. Durkan asked the Minister for the Environment, Heritage and Local Government when sufficient funds will be made available to Kildare County Council to facilitate the restoration of disabled persons grants which have been suspended due to lack of finance; and if he will make a statement on the matter. [29637/04]

Kildare County Council received a capital allocation of €934,000 for disabled persons and essential repairs grants in May 2004. It subsequently sought an increase of €116,000 which was allocated to it on 9 September to bring its total allocation for this year to €1,050,000. No further requests for increased funding have been received from the council in respect of these schemes.

Election Management System.

Ciarán Cuffe

Question:

189 Mr. Cuffe asked the Minister for the Environment, Heritage and Local Government if the Commission on Electronic Voting intends to release the results of its initial testing of the equipment acquired by the State for the purposes of electronic voting, in view of the fact that the legal impediments to doing so were removed by the Government in May 2004; and if he will make a statement on the matter. [29641/04]

Ciarán Cuffe

Question:

190 Mr. Cuffe asked the Minister for the Environment, Heritage and Local Government the reason a tender has only recently issued for the provision of software assurance and system testing services for electronic voting; and his views on whether such testing should have been carried out prior to the purchase of the equipment. [29642/04]

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

Since 2001, my Department has commissioned internationally accredited institutes-companies to carry out extensive testing of the voting machine equipment and election management and count software associated with the introduction of electronic voting and counting in Ireland. All the test results, including an architectural and code review of the software, endorsed use of the Nedap-Powervote system and these test reports have been made publicly available.

The Commission on Electronic Voting, CEV, recently issued a request for tenders as part of its ongoing work to assess the secrecy and accuracy of the planned electronic voting and counting system. The CEV is an independent body which was established by the Oireachtas. My Department does not have details of its proposed activities in fulfilment of its mandate and I have no function in relation to its work.

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