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Dáil Éireann debate -
Tuesday, 23 Nov 2004

Vol. 593 No. 1

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 8, inclusive, answered orally.
Questions Nos. 9 to 57, inclusive, resubmitted.
Questions Nos. 58 to 66, inclusive, answered orally.

Tax Yield.

Paul Nicholas Gogarty

Question:

67 Mr. Gogarty asked the Minister for Finance his views on the recent slowdown in corporation tax returns; and if he will make a statement on the matter. [29979/04]

It is not possible to be definitive on corporation tax receipts at this stage as almost one third of the 2004 yield is currently due in. As of end-October, we were just under 2% behind target but this could be due to timing effects rather than a conclusive indication of any particular underlying shortfall. We will be better able to assess the true position shortly.

Tax Code

Joe Sherlock

Question:

68 Mr. Sherlock asked the Minister for Finance his views on the recent call made by the Consumers' Association of Ireland and the Irish Bankers’ Federation for the abolition of stamp duty on laser, credit and ATM cards; and if he will make a statement on the matter. [29871/04]

Stamp duty exists on various financial cards in order to provide Exchequer revenue. The stamp duty on cheques, bills of exchange and promissory notes has existed for many years and when electronic means of money transfers such as credit cards, ATM cards and laser cards were subsequently introduced, stamp duty was gradually extended to those products to ensure that the stamp duty from cheques etc. was not eroded.

In 2003, the stamp duty yield from all financial cards was some €85 million. The yield from credit and charge cards was almost €52 million, whereas the yield from cash cards was almost €33 million. Stamp duties on credit cards and cash cards are a contributor to the Exchequer's tax revenues, which help fund public services such as health and education, thereby facilitating continued economic success, which is of benefit to all taxpayers. The growth in the numbers of such cards and their usage suggests that the existence of a stamp duty does not discourage their use.

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

Decentralisation Programme.

David Stanton

Question:

69 Mr. Stanton asked the Minister for Finance the progress that has been made regarding the decentralisation of public service jobs to Youghal in County Cork; the number who have opted to transfer to Youghal; the office space that has been identified or acquired; the timescale for completion of the move; and if he will make a statement on the matter. [29990/04]

As part of the overall decentralisation programme it is intended that 100 staff of the Valuation Office and 100 staff of the Public Appointments Service will be decentralised to Youghal, County Cork. Planning for the move is ongoing in both offices and in the Office of Public Works, which is dealing with accommodation procurement issues. Both organisations have published outline implementation plans in accordance with the recommendations of the decentralisation implementation group chaired by Mr. Phil Flynn.

The data from the central applications facility, CAF, published in September showed that a total of 28 persons have applied for decentralisation with the Valuation Office and 88 persons have applied for decentralisation with the Public Appointments Service. The OPW has identified a number of potential sites in Youghal for new offices. The evaluation process is at an advanced stage and it is expected that negotiations will open shortly.

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

Drug Seizures.

Billy Timmins

Question:

70 Mr. Timmins asked the Minister for Finance the value of illegal drugs seized in the years 2000, 2001, 2002 and 2003 that involved the assistance of the Naval Service. [28755/04]

The customs service of the Revenue Commissioners has primary responsibility for the prevention, detection, interception and seizure of controlled drugs intended to be smuggled or illegally imported into the State under the memorandum of understanding signed by the Garda Commissioner and the chairman of the Revenue Commissioners on 12 January 1996. On drug smuggling by sea, the Naval Service assists the customs service in discharging its enforcement functions. The Naval Service also participates with customs and the Garda Síochána in a joint task force where this is convened to deal with specific intelligence-driven maritime drug enforcement operations. This relationship has been further developed by the provisions of the Criminal Justice (Illicit Traffic by Sea) Act 2003.

During the years 2000 to 2004, the customs service has had considerable success in seizing controlled drugs with a street value estimated at some €125 million. While the Naval Service was not directly involved in these seizures, it has during these years provided invaluable support to the customs service and regularly assisted in surveillance and the monitoring of shipping movements.

The Naval Service has also participated in a number of international joint customs operations, JCOs, which have resulted in significant seizures of drugs in the participating states. A number of these operations are conducted each year by the customs services of the member states of the EU in collaboration with other partner administrations. In 2003, an operation resulted in the seizure of 7,270 kilos of cannabis resin, 732 kilos of cocaine and 4.4 kilos of amphetamines. In 2002, an operation resulted in the seizure of 16,489 kilos of cannabis resin and three kilos of cocaine and in 2000, an operation resulted in the seizure of 5,313 kilos of cannabis resin.

The vast bulk of these seizures were not made in Ireland but in the participating member states and other partner countries. However, these huge volumes of drugs were prevented from being placed on the European market and the Naval Service assisted the customs service and the State in discharging our obligations as active participants in the fight against international drug trafficking.

In addition to this, the Naval Service and the Air Corps has assisted customs on other important law enforcement operations most notably on the case of the MV Anto, a ship that was detected in the attempt to smuggle 70 million cigarettes into the State in 2001.

Decentralisation Programme.

Jimmy Deenihan

Question:

71 Mr. Deenihan asked the Minister for Finance the position regarding the decentralisation of a section of the Revenue Commissioners to Listowel, County Kerry; and if he will make a statement on the matter. [29650/04]

I am advised by the Revenue Commissioners that under the decentralisation programme 50 posts are to be decentralised to Listowel and the decision on timing and sequencing will be made following the recommendations of the Government's decentralisation implementation group. The Office of Public Works is examining a number of proposals in relation to a suitable site in Listowel.

Pat Breen

Question:

72 Mr. P. Breen asked the Minister for Finance if he is satisfied with numbers of persons from within the State agencies who have indicated a willingness to decentralise with their agencies; and his views on the assessments from some of the agencies of the risk of damage to delivery of services. [29895/04]

I would accept that the number of applications to the central applications facility, CAF, from the Civil Service are much better than those from the State agencies. Unlike the State agencies the Civil Service has considerable previous experience of decentralisation and has a long tradition of inter-departmental transfers.

The decentralisation implementation group, DIG, asked that all organisations participating in the programme should prepare detailed implementation plans including risk mitigation plans. These plans were prepared and submitted to the group. Most included risk mitigation strategies. In its July report the DIG has recommended, at paragraph 9.3, that in preparing the next version of its implementation plan each organisation should ensure that a risk mitigation strategy is included. I am satisfied that this approach represents a realistic approach to risk identification and mitigation.

Tax Collection.

Thomas P. Broughan

Question:

73 Mr. Broughan asked the Minister for Finance the total amount taken in by the Revenue Commissioners, as printed in Iris Oifigiuil, in respect of settlements made with tax defaulters under subsection (2) of section 1068 of the Taxes Consolidation Act 1997, in respect of each of the past five years; the total amount taken in respect of settlements for each year of less than €12,700 which are not published in Iris Oifigiuil: if he has satisfied himself that sufficient steps are being taken to combat tax evasion in view of the continuing high level of settlements; and if he will make a statement on the matter. [29844/04]

I am advised by the Revenue Commissioners that the total number of audited settlements made with tax defaulters and published under subsection 2 of section 1068 of the Taxes Consolidation Act 1997 in respect of each of the years 1999 to 2003 and in 2004 to date is as follows: in 1999, 194 cases were published totalling €12.32 million; for 2000, 258 cases were published totalling €19.05 million; for 2001, 295 cases were published totalling €25.44 million; for 2002, 272 cases were published totalling €35.41 million; for 2003, 1,257 were published totalling €133.92 million; and for 2004, 501 were published to date totalling €84.93 million.

I am informed by the Revenue Commissioners that separate records have not been maintained for years prior to 2003 of settlements for less than €12,700, which are not published. In 2003 the figure was 12,531 cases with a yield of €39.16 million. I am, however, in a position to inform the House of the overall total number of audited settlements made with tax defaulters in each of the years in question. These are as follows: for 1999, settlements totalled 16,938 with a yield of €136.87 million; in 2000, the number was 16,000 and the yield was €355.90 million; in 2001, the number was 16,022 and the yield was €202 million; in 2002, the number was 15,951 and the yield was €265.46 million; in 2003, the number was 15,658 and the yield was €423.04 million; and in 2004, the number was 6,686 up to 30 June 2004 and the yield was €224.63 million.

Significant steps have been taken by Revenue to increase its effectiveness in combating evasion over recent years. Key to these developments has been the use of the information powers granted to Revenue in the Finance Act 1999. Revenue has used these powers to great effect, as evidenced in the bogus non-resident account campaign, and this has undoubtedly also influenced the significant voluntary disclosure take-up in Revenue's current offshore account investigation.

Special Savings Incentive Scheme.

Jack Wall

Question:

74 Mr. Wall asked the Minister for Finance if he has plans to offer guidance and advice to investors in the SSIAs when the accounts mature in 2006; and if he will make a statement on the matter. [29868/04]

The SSIA scheme opened on 1 May 2001 and entry to it closed on 30 April 2002. The accounts are due to mature between May 2006 and April 2007 at the end of the five year period. A total of 1.17 million accounts were opened during the period outlined.

The specific goal of the SSIA scheme was to encourage people to save over a period of at least five years. Its effect has been to stimulate such savings over varying income ranges which is evident in the extensive take-up by many low income earners. The scheme has been a success in those terms. The scheme has a specific duration.

The use to which the moneys arising on maturity of the SSIAs is put is ultimately a matter for the individual account holder.

Financial Services Regulation.

Pádraic McCormack

Question:

75 Mr. McCormack asked the Minister for Finance if he is satisfied with the response from financial institutions to the shortfall on endowment mortgages compared to the projections at the time of sale. [29882/04]

Recent publicity in relation to endowment mortgages has focused on the possibility that a significant number of holders of such mortgages will have a shortfall of funds when the mortgage reaches the end of its normal term. These products inherently require customers to take some risk; they are exposed to market fluctuations, just like any market-based life assurance investments. The fact that a person does not gain as much as expected is not in itself an indication of any inappropriate practices on the part of the bank or insurance company concerned.

There is a substantial volume of legislation in place in relation to these products. For example, the Consumer Credit Act 1995 requires that all endowment loan application forms must contain a prominent notice to the effect that there is no guarantee that the proceeds of the insurance policy will be sufficient to repay the loan in full when it becomes due. The Act also obliges the provision of ongoing information in relation to the performance of the policy, as do the Life Assurance (Provision of Information) Regulations 2001. The Central Bank and Financial Services Authority of Ireland Acts 2003 and 2004 established the Irish Financial Services Regulatory Authority, or IFSRA, and considerably strengthened the regulatory environment, including an enhanced structure for dealing with consumers' complaints about financial institutions.

IFSRA is already studying the situation, having commenced a survey earlier this year, to determine whether and to what extent there will be difficulties for customers. It would be premature at this stage to second-guess the outcome of the survey. I will continue to review the adequacy of the legislative framework as the information developed by IFSRA becomes available.

Tax Code.

Emmet Stagg

Question:

76 Mr. Stagg asked the Minister for Finance if an estimate is available of the amount of capital gains taxes to be paid by shareholders in a company (details supplied); the number of shareholders subject to tax; the number of shareholders likely to be able to avail of relief as a result of capital losses incurred on investments in Eircom; and if he will make a statement on the matter. [29874/04]

I am advised by the Revenue Commissioners that the total number of shareholders nominally subject to tax was estimated at 132,000. However, since the circumstances of individual shareholders are not known, for example whether they have other reckonable gains or losses, it is not possible for the Revenue Commissioners to give a reliable estimate of the amount of capital gains tax to be paid by the shareholders involved.

The Revenue Commissioners have also informed me that capital gains tax of in excess of €34 million has been received to date in respect of these disposals. This figure is based on payments received in the Collector-General's office where the name of the company in which the shares were held was specified. It does not include payments received in local Revenue offices or where the name of the company was not identified or where the payment included capital gains tax for gains on the sale of other assets.

I am also advised by the Revenue Commissioners that it is not possible to provide details of the number of these shareholders likely to be able to avail of relief as a result of capital losses incurred on investments in Eircom. Persons who incur capital losses on the disposal of shares are only required to provide details of the quantum of those losses on their annual tax return of gains and losses for the year in which the loss arose. Similarly, when they offset the losses against subsequent gains it is the amount of the losses being offset that is required. Details of the company in which the shares were held are not sought.

Tax Collection.

Liam Twomey

Question:

77 Dr. Twomey asked the Minister for Finance if the Revenue Commissioners have conducted investigations into the degree of complicity of financial institutions in some of the cases of tax evasion currently being unearthed; and if any cases are pending in respect of such practices. [29922/04]

I am advised by the Revenue Commissioners that their recent investigations have had, as their initial and principal focus, the recovery of unpaid taxes for the Exchequer. The steps taken by their officers, including applications to the High Court for orders to access information in financial institutions in relation to taxpayers who have made false returns and as a result failed to pay their proper taxes, have resulted in the recovery of more than €1.6 billion in undisclosed taxes together with interest and penalties. Some €223 million of this sum, including tax, interest and penalties, was actually recovered from financial institutions who had failed in their obligations to remit the proper amount of deposit interest retention tax. It has been suggested that in some instances the defaulting taxpayers have been assisted in their actions by the financial institutions or by their officials.

Revenue has, within the range of offences provided for in the tax code, sought to identify cases where evidence amounting to the commission of an offence on the part of a financial institution or its officials could be assembled. I understand from it that the only relevant offence within the tax code, that of "aiding and abetting", is extremely difficult to prove and seems to require that the bank official needs to be directly advising the taxpayer in relation to the completion of the false return. Revenue has not come across any case to date where the involvement of the official can be proved to amount to knowingly "aiding and abetting" the taxpayer to make a false return.

Tribunals of Inquiry.

Breeda Moynihan-Cronin

Question:

78 Ms B. Moynihan-Cronin asked the Minister for Finance if agreement has been reached with each of the tribunals of inquiry regarding a proposed new schedule of fees; when the new fees will come into operation in each case; and if he will make a statement on the matter. [29856/04]

My predecessor announced on 19 July last that the Government had decided that, with effect from 1 September 2004, the cost of all legal representation, including that of third parties, at newly-established tribunals or other forms of inquiry will be paid by way of a set fee payable for the entirety of the tribunal.

The calculation of daily rates will be based on this fee. These rates are as follows: senior counsel, €213,098 per annum or €969 per day; junior counsel, €142,065 per annum or €646 per day —two thirds of the SC rate; and solicitor, €176,000 per annum or €800 per daily appearance or €100 per hour for work undertaken other than appearing at the tribunal.

It was also decided at that time that the new fee structure should apply to existing tribunals and inquiries with effect from such dates as may be determined by the Government following consultation between the Attorney General and the chairperson of each tribunal-inquiry. Arising from the above-mentioned consultations the Government has agreed the dates on which the new schedule of fees would be applied to existing tribunals and inquiries. These are as follows:

The Murphy inquiry into child sexual abuse in Ferns: 1 December 2004;

The Clarke inquiry into events at Lourdes Hospital, Drogheda: 31 March 2005;

The Dunne (post mortem) inquiry: 31 March 2005;

The Barr tribunal, investigating the shooting dead of John Carty at Abbeylara: 1 June 2005;

The Moriarty tribunal, investigating payments to Mr. Haughey and Mr. Lowry: 11 January 2006;

The Morris tribunal investigating activities by gardaí in Donegal: 30 September 2006;

The Mahon tribunal, investigating certain planning matters and payments: end March 2007;

The Ryan Commission on the Investigation of Child Abuse: May 2008.

The Government decided to set different dates in relation to different tribunals and inquiries having regard to the individual circumstances of each tribunal or inquiry and after communication with each of their chairpersons. The Government determined not to set dates which were unrealistically early, as to do so might have involved extensive disruption of the tribunals and inquiries by reason of changes in legal personnel involved. The delays and costs which such changes would have entailed could have added to, rather than reduced, the costs of the tribunals and inquiries.

Capital Expenditure.

Willie Penrose

Question:

79 Mr. Penrose asked the Minister for Finance if he will make a statement on the progress of the capital programme under the national development plan; and if he intends to provide for increased capital spending in 2005 in view of the significant reduction in the level of capital spending in the first nine months of 2004. [29861/04]

Capital investment under the National Development Plan 2000-2006 is mainly delivered through the economic and social infrastructure operational programme, ESIOP. Total spending to date under the ESIOP is close to target, and the Exchequer contribution is well above target; by mid-2004, the Exchequer had provided €1.8 billion more to the ESIOP than was originally planned. ESIOP investment is delivering major improvements to the economic and social infrastructure throughout the country in the areas of roads, public transport, environmental infrastructure, housing and health.

On the broader matter of capital spending across all Votes, the end October figures show that the amount spent in the first ten months of the year was below the amount that Departments had profiled to spend over that period. However, in line with usual trends, Departments expect their rate of spending to increase over the remainder of the year. Also, I would remind the Deputy that Departments can now carry over unspent capital allocations from one year into the next, up to a limit of 10% of the voted capital estimate. This new facility is part of the arrangements associated with the five-year, multi-annual capital envelopes announced in the 2004 budget and allows Departments more flexibility to plan and manage their capital expenditure programmes.

The forecast outturn figures published in the 2005 Abridged Estimates show that there will be a capital carryover of some €250 million from 2004 to 2005. When that carryover is added to my pre-budget provision for capital spending in 2005, the total cash amount available for the year will be over €5,970 million. This is an increase of 14% over the 2004 projected outturn.

Price Inflation.

Denis Naughten

Question:

80 Mr. Naughten asked the Minister for Finance if he has issued guidelines to Ministers on the inflationary impact of increases in charges and prices. [29911/04]

Richard Bruton

Question:

220 Mr. R. Bruton asked the Minister for Finance if he has issued guidelines to Ministers on the inflationary impact of increases in charges and prices. [30130/04]

I propose to take Questions Nos. 80 and 220 together.

I am satisfied that all my colleagues are aware of the need to confine increases in charges and prices administered by Departments to the minimum consistent with ensuring that fees recover an appropriate contribution to particular services.

Special Savings Incentive Scheme.

Dan Neville

Question:

81 Mr. Neville asked the Minister for Finance if he has commissioned any study on the impact of the release of funds under the SSIA scheme; and if he will make a statement on the matter. [29883/04]

The SSIA scheme opened on 1 May 2001 and entry to it closed on 30 April 2002. The accounts are due to mature between May 2006 and April 2007 at the end of the five year period. A total of 1.17 million accounts were opened during the period outlined; around 400,000 accounts existed at 31 December 2001.

As previously advised to the Deputy in a reply to a parliamentary question on 14 October 2004, the impact of such maturing funds on consumer demand in 2006 and 2007 is difficult to estimate and will depend on how the accumulated SSIA savings are spent or saved, how that portion of an individual's income that was previously saved in SSIAs is used, and the extent to which savings are rolled over into other investment products. To date, two reports have been done regarding the impact of the SSIAs, one by Goodbody Stockbrokers and one by Lansdowne Market Research. However, there is no consensus in these reports as to how these funds may be used with both reaching differing conclusions regarding the division between consumption and saving. The ESRI, in its autumn bulletin, did not hypothesise about the likely impact on the economy of the release of SSIA funds because it believes that there are too many uncertainties around the likely behaviour of fund recipients.

I have not commissioned any specific study on the impact of the release of the funds. My Department is keeping the issue under review in the context of the normal assessment of the economic and budgetary position going forward. However, it is important to emphasise that, as the scheme will not commence to mature for another one and a half years, there are many uncertainties regarding the maturity of the SSIAs, which makes the task of analysing the impact particularly difficult.

Stability and Growth Pact.

Simon Coveney

Question:

82 Mr. Coveney asked the Minister for Finance when the terms of the Stability and Growth Pact are likely to be revised; and if he will make a statement on the pact. [29900/04]

Michael D. Higgins

Question:

136 Mr. M. Higgins asked the Minister for Finance his views on the need for reform of the Stability and Growth Pact; and if he will make a statement on the matter. [29858/04]

I propose to take Questions Nos. 82 and 136 together.

The European Commission presented a formal communication on 3 September 2004 outlining its proposals for strengthening economic governance and clarifying the implementation of the Stability and Growth Pact.

The process of discussion of the Commission's proposals is now under way. At the recent ECOFIN Council of 16 November, Ministers had a useful exchange of views on the subject. The Council requested officials to continue work on the issues involved and to report back, with a view to enabling the Council to conclude the review early in 2005.

Ireland is engaging fully with the ongoing discussions to encourage sensible reforms which are in line with Ireland's economic priorities. For example, Ireland has long argued that low debt countries should have some flexibility in allocating resources towards their investment needs. The Commission proposals include a move in this direction. I look forward to further productive discussions with my EU colleagues on this and other points in the coming months.

Tax Evasion.

Joe Costello

Question:

83 Mr. Costello asked the Minister for Finance the number of court prosecutions initiated as a result of tax evasion in respect of each year since 1997; the number of cases in which convictions were secured; the number of cases in which prison sentences were imposed; the sentence in each case; if he has satisfied himself with the level of court cases taken having regard to the high level of evasion; and if he will make a statement on the matter. [29845/04]

I am advised by the Revenue Commissioners that the following table provides information on court prosecutions initiated for tax evasion:

Year

Number of Convictions

Fines imposed

Custodial sentence (suspended in brackets)

Details of Custodial sentence

1997

1

€635

Nil

1998

6

€42,854

2 (2)

(a) 6 months (suspended) (b) 2 years (suspended)

1999

1

€19,046

Nil

2000

3

€952

2 (1)

(a) 2 years (18 months on appeal) (b) 12 months (suspended)

2001

4

€14,284

4 (2)

(a) 12 months (b) 6 months (suspended), (c) 6 months (suspended), (d) 3 months

2002

3

€5,540

1 (1)

6 months (suspended)

2003

6

€29,365

Nil

2004 to 17 Nov.

1

€5,000. Fines imposed in relation to 3 charges and sentence adjourned on one charge.

The Revenue Commissioners has a very clear policy of prosecuting cases of serious tax evasion. The investigations and prosecutions division of the Office of the Revenue Commissioners is responsible for this and the objective is to increase the number of prosecutions. Recent figures indicate that this approach is proving successful. There are currently 41 cases under investigation for potential prosecution, the DPP is considering seven cases and has given directions to prosecute in another eight. Bench warrants have been issued in two cases for failure to attend court and five cases are in the courts process.

Public Private Partnerships.

Olivia Mitchell

Question:

84 Ms O. Mitchell asked the Minister for Finance if he has satisfied himself with the performance of PPP projects to date; and his expectation for expenditure funded in this way in 2005. [29893/04]

Olivia Mitchell

Question:

101 Ms O. Mitchell asked the Minister for Finance if, in view of the lack of involvement by the private sector in PPPs, including public transport projects, he intends to introduce reforms to make PPPs increase private sector involvement in such schemes; and if he will make a statement on the matter. [27008/04]

John Gormley

Question:

149 Mr. Gormley asked the Minister for Finance his views on the use of public private partnership finance initiatives; and if he will make a statement on the matter. [29982/04]

I propose to take Questions Nos. 84, 101 and 149 together.

The Government first approved a programme of pilot PPP projects in 1999. Substantial progress has been made since then. We are still learning and continue to keep our processes and procedures under review. PPPs are acknowledged to be complex, involving, as they do, a long-term financial commitment for both the private and public sector partners for a period of anything up to 30 years.

The pilot projects which have been completed are the bundle of five secondary schools in Ballincollig, Clones, Dunmanway, Shannon and Tubbercurry, and the second Westlink bridge. Both of these involved private financing. Both were completed in time. A number of additional projects are in progress across a range of sectors including education, roads, and environmental services. Not all PPP projects involve private financing. There are differing PPP structures, including design build operate, which is the predominant type of PPP in the environment sector in regard to water and wastewater services.

Lessons gained from the initial pilot phase have been incorporated into our processes, structures and procedures, including the establishment of the National Development Finance Agency, NDFA. On foot of the learnings in the pilot phase, my Department prepared and issued guidelines for Departments and agencies in regard to the assessment, approval, audit and procurement of PPP projects. More guidance is in progress.

The Comptroller and Auditor General recently completed a value for money report on the bundled schools, which I have noted. This report provides a useful contribution to the development of the PPP process in Ireland. As noted in the report, a number of the issues which were highlighted had already been identified and had been incorporated into guidance issued by my Department.

The multi-annual investment framework, which was first announced in budget 2004, included estimates for PPP-NDFA investment. Based on the latest information available from Departments in respect of PPPs, there will be a shortfall in PPP projects funded by unitary payments at construction stage in 2005, relative to the Estimates announced in 2004 in relation to such PPPs. I will be reviewing the position between now and the budget and I will be announcing a new multi-annual capital envelope for the period 2005 to 2009 on budget day. The new capital envelope will take account of the PPP shortfall in 2005, overall investment priorities and the wider expenditure and budgetary position.

The PPP procurement option should be available to Departments and State authorities for application to appropriate projects where there is the right scale, risk and operational profile to harness the benefits of this new approach. That is not to say that it should replace traditional methods where these are considered more suited to the individual project or projects under consideration. The ongoing challenge for my Department is to have in place balanced and proportionate procedures for the appraisal, assessment and evaluation of proposals, which would facilitate the selection of PPP projects offering quality public services, value for money and timely delivery.

My Department is continuing to keep under review how the resources and skills required to manage the process can most effectively be marshalled and applied and how the procedures used in this form of procurement can help drive value for money outcomes.

National Pensions Reserve Fund.

Róisín Shortall

Question:

85 Ms Shortall asked the Minister for Finance the amount in the funds of the national pensions reserve fund at the latest date for which figures are available; the amount invested outside of Ireland; the amount held in cash balances; and if he will make a statement on the matter. [29875/04]

The 2003 annual report of the National Pensions Reserve Fund Commission shows that at 31 December 2003 the marked to market value of the national pensions reserve fund was €9,561 million. This included cash deposits of €1,283 million, net current assets of €36 million, unrealised gains on foreign derivative contracts of €70 million and equities and bonds worth €8,172 million. Of this €8,172 million, €8,099 million was invested in non-Irish equities and bonds.

The commission also publishes quarterly performance statements setting out a summary of the fund's performance in the year to date as a means of improving the timeliness of information on the fund. The most recent of these performance statements, for the quarter to end-September 2004, was published on October 15 last. It shows the total net assets of the fund were €10,778 million at 30 September 2004. Of this amount, €1,448 million was held in cash and other net current assets, including derivatives, and a total of €9,330 million was held in equities and bonds. The statement does not distinguish between Irish and non-Irish investments.

The commission's annual report is required to include information on the investment strategy followed by the fund, a report on the investment return achieved and a valuation of the net assets of the fund at year-end. These requirements are designed to ensure that detailed information concerning the fund is made available to the Minister and the public at the appropriate time.

As the Deputy will be aware, the National Pensions Reserve Fund Commission which manages the fund is independent of Government. It controls and manages the fund with discretionary authority to determine and implement the fund's investment strategy. This investment strategy is based on a commercial investment mandate with the objective of securing the optimal return over the long term, having regard to the purpose of the fund as set out in section 18(1) of the National Pensions Reserve Fund Act 2000 and the payment requirements of the fund as provided for under section 20 of the Act, provided the level of risk to the moneys held or invested is acceptable to the commission.

Price Inflation.

Bernard J. Durkan

Question:

86 Mr. Durkan asked the Minister for Finance the action he can take to address the issue of rising costs in respect of goods and services, contributory factors to which are not reflected in the CPI; and if he will make a statement on the matter. [29988/04]

The Director General of the Central Statistics Office, CSO, has sole responsibility for and is independent in deciding the statistical methodology and professional standards to be used in compiling the consumer price index, CPI. The latest CPI release shows inflation in October was 2.7%. Inflation has averaged just 2.1% in the first ten months of this year, compared to an average of 3.8% in the same period last year.

My Department's forecast for CPI inflation in 2004, which was published in the Economic Review and Outlook in August, is 2.2%. This compares to an annual inflation rate of 3.5% in 2003. This moderation in the rate of inflation is welcome.

Maintaining a moderate rate of inflation remains a key priority of economic policy because of its importance in restoring competitiveness. In this regard, only limited changes to indirect taxes were made in budget 2004 because the goal of keeping inflation low took precedence on that occasion.

Decentralisation Programme.

John Deasy

Question:

87 Mr. Deasy asked the Minister for Finance if he envisages making any special provision for promotion and for new recruitment in the context of the decentralisation programme; and if he will make a statement on the matter. [29886/04]

Promotion and recruitment are key elements of the Government's decentralisation programme. In the implementation phase, they are important in supporting the efficient movement of Departments and offices to their new locations. In a decentralised service, acceptance of a post, whether as a result of promotion or open recruitment, will have to be conditional on agreement to work in a particular location.

The need for new procedures in these areas has been clearly identified as a priority by the decentralisation implementation group. In accordance with the group's recommendations, the Department of Finance has begun detailed discussions with the staff unions on the procedures which must be put in place to support the programme and to develop arrangements for a fully decentralised service. It is essential that these procedures be discussed and agreed in partnership between management and staff.

To support the implementation phase, Departments and offices are making promotion appointments to posts, which it is planned will be decentralised, conditional on appointees undertaking to relocate to a particular decentralised location. Open recruitment to posts which it is planned will be decentralised are also being made conditional on appointees undertaking to relocate to a particular decentralised location.

Revenue Powers Group.

Brendan Howlin

Question:

88 Mr. Howlin asked the Minister for Finance the progress made by his Department and the Revenue Commissioners in their consideration of the recommendations of the Revenue Powers Group; and if he will make a statement on the matter. [29850/04]

As the Deputy will know, my predecessor established the Revenue Powers Group, under the chairmanship of Mr. Justice Frank Murphy, to examine Revenue's main statutory powers and report on changes needed. The group's report was published on 4 February 2004 and the Minister indicated at that time that he wished to allow a period for debate and public reflection on the many and varied issues dealt with in the report and its recommendations.

Interested parties have contacted my Department and a small number of submissions have been made in this regard. I also understand the Law Reform Commission's final report on the question of a fiscal prosecutor and Revenue court is due shortly and is likely to treat many of the issues. My Department is also discussing relevant issues with other Departments. The group's recommendations and all the views received on them to date are under examination.

Currency Fluctuations.

Dan Boyle

Question:

89 Mr. Boyle asked the Minister for Finance the threats the weakening in value of the US dollar poses to the economy here; the measures he intends to put in place to counteract these threats; and if he will make a statement on the matter. [29975/04]

Any sharp appreciation of the euro vis-à-vis the dollar is always a challenge to the economy. This arises because a strong euro reduces the competitiveness of the exporting sector. Indeed, Ireland is more affected than most within the euro area, given our deeper trade exposure to the US than many of our European partners. In this regard, it is important that businesses take necessary measures to cope with currency fluctuations, such as hedging against these risks as well as enhancing their flexibility to cope with currency movements.

The experience of sharp currency fluctuations in the past also highlights the importance of regaining cost competitiveness. Keeping pay increases in line with the terms of the current national wage agreement, Sustaining Progress, is important in this regard.

I also note that a depreciation of the dollar has some potentially positive benefits, most notably the fact that oil prices are denominated in dollars, and so the euro price per barrel of oil will be lower.

Tax Amnesty.

Kathleen Lynch

Question:

90 Ms Lynch asked the Minister for Finance the number of breaches detected of the Waiver of Certain Tax, Interest and Penalties Act 1993 in respect of each year since 1994; the number of prosecutions initiated and convictions secured arising from such detections; if it is adopted in the manner intended by the Houses of the Oireachtas; and if he will make a statement on the matter. [29851/04]

I am advised by the Revenue Commissioners that there are two ways in which a taxpayer may have been in breach of the amnesty, first, in making a false declaration or, second, in not making a declaration. I am informed that Revenue does not have figures for the number of detected breaches of the amnesty. Because of the confidentiality conditions built into the 1993 amnesty legislation, such breaches are difficult to identify and prove.

No individual has been successfully prosecuted to date for failure to comply with the obligatory provisions of the Waiver of Certain Tax, Interest and Penalties Act, 1993.

Individuals and companies have been successfully prosecuted in recent years as a result of Revenue investigations, and although these investigations have in some instances involved consideration of possible amnesty breaches, it was not possible in any of them to obtain the evidence necessary to meet the required standards of "beyond reasonable doubt" from an amnesty perspective. Revenue's criminal investigation programmes have been refocused recently with the establishment of an investigations and prosecutions division, one of whose functions is to increase the number of prosecutions for serious tax evasion. Where in the course of investigations amnesty offences are identified, they are considered for investigation with a view to taking a criminal prosecution. Many of the cases currently under investigation relate to tax offences committed in recent years and do not therefore involve consideration of amnesty issues. In view of this, I am satisfied that the Revenue Commissioners are making every effort to ensure the law is applied in the manner intended by the legislation as passed by the Houses of the Oireachtas.

Departmental Expenditure.

Phil Hogan

Question:

91 Mr. Hogan asked the Minister for Finance if he has satisfied himself that the extra tax collected in the past seven years is delivering value for money through the spending increases which they were used to finance. [29887/04]

The Government has more than doubled total spending on public services between 1997 and 2004 to over €41 billion. As provided for in the Abridged Estimates Volume published last week, the Government will be adding a further €2.5 billion to this in 2005 on a pre-budget basis to fund day-to-day spending on public services. Priority has been given to expenditure on social welfare, health, education and investment. Gross spending on health has increased by 176% to €9.6 billion in 2004, spending on social welfare has increased by 97% to €11.3 billion while expenditure on education has increased by 103% to €6.1 billion. Capital spending to address the country's infrastructural deficit has increased by 178%. The general Government debt ratio has decreased from 65% of GDP in 1997 to an expected ratio of less than 32% by the end of this year. In addition, nearly €10.5 billion has been set aside for long term pension and social security costs by investing in the national pensions reserve fund.

This level of spending has been achieved in tandem with the preservation of a stable budgetary position and major reductions in personal taxation. In my view it has resulted in significant improvements in public services across the board but issues in relation to individual programmes and-or projects should be raised by the Deputy with the relevant Minister.

State Laboratory.

Pat Rabbitte

Question:

92 Mr. Rabbitte asked the Minister for Finance the position with regard to the transfer of the State Laboratory from its present location at Abbotstown to its new location at Backweston; the reason for the delay in completing the transfer; if all staff have agreed to the proposed relocation; the estimated final cost of the transfer; the steps being taken at the new location to ensure that delays in the completion of tests are ended, especially in view of serious concerns expressed by coroners at the delays in inquests; and if he will make a statement on the matter. [29866/04]

I am informed by the State chemist that the new laboratory in Backweston will be ready for occupation by the end of November, so no transfer could take place earlier. The project team will have the new location and equipment ready for each of the nine sections of the laboratory, which will move in turn over a period of two to three months. Disruption to testing and other laboratory procedures will be kept to a minimum by moving each section over a different weekend. Particular care will be taken in this regard in the case of the toxicology section which handles reports for the coroners. All of the staff of the laboratory are co-operating fully in the preparations for the relocation, although the staff unions have not yet completed the conciliation and arbitration process. Consequently, it is unlikely that the move will commence until December.

The overall final cost of the facility at Backweston is estimated to be €87.5 million, including €9 million provided in 2004 for equipment.

I am conscious of the importance of the service provided to the coroners by the State Laboratory and the impact it inevitably has on relatives of people whose deaths are the subject of inquests at a time of great distress. I know the management of the laboratory share that sensitivity and constantly monitor the service by reviewing available resources, outsourcing possibilities and the complexity of analyses.

Additional resources have been allocated to the toxicology section and there has been a substantial increase in the number of analyses completed. However, there is still a backlog of cases, due to an increase of 50% in the past two years in the number of cases referred, and a general increase in the complexity of the analyses required.

A range of measures are being taken at present to reduce the turnaround time of samples sent to the laboratory and processed by its toxicology section. Additional priority is to be given to the coroners cases over other work of the section.

Laboratory management is also reviewing the procedures and processes in the toxicology area with a view to automating as much as possible.

I am told by the management of the laboratory that the completion of the relocation to Backweston will enable the enhancement of the quality of service provided to all its clients, including the Coroner Service.

Departmental Programmes.

Bernard Allen

Question:

93 Mr. Allen asked the Minister for Finance the reason for the delay in publishing the public capital programme. [29898/04]

There has been no delay in publishing the summary public capital programme, PCP. In accordance with normal practice, the 2005 summary PCP was published as part of the Abridged Estimates Volume, AEV, and presented to the Dáil on 18 November. As I indicated when publishing the AEV and summary PCP, I will be announcing a revised multi-annual capital envelope for 2005-09 on budget day.

The full public capital programme will as normal be published as a separate document along with the Revised Estimates Volume in February of next year.

Capital Projects.

Dinny McGinley

Question:

94 Mr. McGinley asked the Minister for Finance if he has satisfied himself with the effectiveness of the process whereby different funding options are being assessed for capital projects; and if he will make a statement on the matter. [29903/04]

Capital projects are procured primarily by the traditional means of Exchequer capital or by public private partnership, PPP. In both cases, projects are subject to appraisal for value for money in accordance with the relevant guidelines laid down by my Department. It is a matter for the sponsoring Department or agency, with the approval of the relevant sanctioning Department, to determine which project option represents best value for money.

Under the general conditions of sanction for the multi-annual capital envelopes introduced in budget 2004, Departments are required to comply in all cases with my Department's guidelines for the appraisal and management of capital projects. My Department is in the process of revising these guidelines in consultation with Departments. New guidelines will be published later this year.

To assist State authorities in determining the optimal means of financing public investment projects, the Government established the National Development Finance Agency, NDFA, on 1 January 2003. The NDFA's role includes advising on the financing and risk evaluation of Ireland's public private partnership procurement projects and raising or arranging finance for national development plan projects. In this respect it provides a centralised expert service to Departments and certain other State authorities.

The PPP procurement option should be available to Departments and State authorities for application to appropriate projects where there is the right scale, risk and operational profile to harness the benefits of this new approach.

Discussions will commence soon with sectoral interests on planned changes in the area of public sector contracts for construction and construction related services. The changes will involve the amendment and introduction of new standard forms of construction projects which will transfer appropriate risks to contractors where they are best placed to manage them. These initiatives seek to address the issues of improved project management and to reduce the potential for project cost overruns.

Departmental Investigations.

Liz McManus

Question:

95 Ms McManus asked the Minister for Finance the progress in regard to any action taken by his Department and the Revenue Commissioners arising from the report of the High Court inspectors on a bank (details supplied) which was published on 30 July 2004; and if he will make a statement on the matter. [29853/04]

I am advised by the Revenue Commissioners that they had commenced an investigation in January 1998 when information indicating serious tax evasion on the part of customers of the financial institution in question had been made known to them. As a result of the subsequent investigation they had become aware of the magnitude of the investments made by individuals through the financial institution.

The investigation is largely complete and settlements made to date with individuals amount to €48.12 million in respect of tax, interest and penalties, with a further €4.7 million received as payments on account of the individuals' final liability. The investigations into the tax liability of the remaining cases are continuing.

As indicated, much of the information in the report of the High Court inspectors was known but some additional matters concerning the activities of the institution itself came to light and have been the subject of further consideration by Revenue in the context of establishing whether there is evidence that criminal offences under the Taxes Consolidation Act 1997 have been committed and, if so, whether admissible evidence can be obtained. In particular the "aiding and abetting" offence under section 1078 of the Taxes Consolidation Act is being considered but, as indicated by Revenue in other situations, it is very difficult to prove.

Apart from the tax matters, the behaviours outlined in the report may suggest weaknesses or failings in relation to compliance with certain other regulatory and legislative requirements, such as those relating to money laundering, exchange controls and notification of fees and charges. The findings in the report and the bank's response are being examined in detail by the Irish Financial Services Regulatory Authority, IFSRA, which has already stated that any actions or measures that are required will be taken. In light of this and other widely reported issues, IFSRA is engaged in an industry-wide exercise focusing on appropriate systems and controls to ensure that all credit institutions are fully in compliance with all relevant laws and requirements. IFSRA is also making sure that there is proper monitoring of the fee and interest reimbursement programme, which has been commenced by the bank.

The role of the Minister for Finance in relation to financial regulation is to bring forward legislative proposals whereby a duly empowered financial regulator can regulate and supervise the financial sector in accordance with those powers. The necessary legislative framework has been put in place and day to day responsibility for the supervision of credit institutions is a matter for IFSRA. IFSRA is independent in the exercise of its supervisory functions and my Department does not get involved in its day to day activities. I should point out that the regulatory structures governing financial institutions have changed enormously in recent years, taking into account many of the lessons already learnt from this case and others. However, if further examination by IFSRA or my Department indicates that additional powers are required to prevent a recurrence of similar practices, I will address that as a matter of priority. In any event, the proposed consolidation and simplification of financial services legislation will provide an opportunity to carry out any necessary strengthening or rationalisation of the regulatory framework in this regard.

The exchange control implications of this case were first raised in early 1998 and, as the House has previously been informed, were investigated by the Central Bank at the request of the then Minister for Finance. The bank's interim report to the Minister for Finance in May 1998 was not conclusive and the bank indicated that it would defer concluding its consideration of exchange control matters pending the finding of other investigations. Legal advice at the time was that the report was not sufficient to warrant its referral to the DPP. It should be noted that exchange controls were phased out progressively, especially from 1988, and were finally abolished on 31 December 1992. My Department has written to the Governor of the Central Bank asking him to arrange for a review of the situation having regard to both the recent High Court inspectors' report and the 1998 report of the authorised officer.

I should point out that the report has been referred to the DPP, and criminal charges might therefore follow. While it would not be a matter for me, the behaviours reported in this case are of a type that could also have potential implications for individuals both from a company law and a financial services regulatory point of view.

Tax Yield.

Paul Connaughton

Question:

96 Mr. Connaughton asked the Minister for Finance the aggregate amount of revenue expected to be raised in 2004 in taxation from the purchase, registration and use of motor vehicles, distinguishing the total in VAT, in excises, in VRT, in motor tax and so on. [29904/04]

Bernard J. Durkan

Question:

243 Mr. Durkan asked the Minister for Finance the anticipated outturn in terms of receipts of all taxation derived from the motor industry; and if he will make a statement on the matter. [30282/04]

I propose to take Questions Nos. 96 and 243 together.

I am not in a position to provide figures of the anticipated outturn for 2004 of taxation specifically derived from the motor industry. The latest estimated figures for 2004 to end October 2004, as advised by the Revenue Commissioners, in respect of the yield from VAT, excise and VRT for various commodities associated with motoring, are shown in the following tables:

VAT Yield

2004 to October

€ million

Petrol

252.81

Auto Diesel

28.46

Motor Oil & LPG

1.98

Cars

367.51

Motor Cycles

4.78

Car Repairs

28.14

Car Accessories

23.28

Car Hire

10.68

Driving Instruction

2.67

Haulage

25.71

Total

746.02

Excise Duty

2004 to October

€ million

Petrol

838.00

Auto Diesel

750.40

Auto LPG

0.08

Total

1,588.5

VRT

2004 to October

€ million

Cars

890.62

Motor Cycles

2.95

Car Derived Vans

9.61

Commercial Vehicles

2.42

Total

905.60

It is not possible to quantify income tax and corporation tax data separately for the motor industry.

In respect of annual motor tax, I am informed by the Department of the Environment, Heritage and Local Government that the forecast for motor tax receipts in 2004 is €724 million. The provisional yield for the year to end October is €640 million.

In respect of toll roads, I am informed by the Department of Transport that the annual fee to the Exchequer is estimated to be approximately €9 million for 2004. It is estimated that VAT receipts for the first six months of the year are €4 million.

Tax Code.

Joan Burton

Question:

97 Ms Burton asked the Minister for Finance the steps he is taking to carry out an assessment of various tax reliefs, especially property-based reliefs, to establish whether they are making a significant contribution to the economic life of the country or simply allowing high earners to reduce or eliminate their tax liability; and if he will make a statement on the matter. [29841/04]

All major tax incentives-expenditures are kept under review by this Government, especially in the context of the annual budget and Finance Bill process. It is widely acknowledged that there are legitimate and reasonable reasons for tax reliefs as a general principle and few would argue that these tax relief provisions have not made a significant contribution to the economic life of the country. Successive Governments have introduced them for a range of purposes such as regenerating inner cities, improving tourism prospects in areas where the potential was not being realised, developing industries such as the film industry and providing seed capital for small businesses. I would add that the economic aspect is only part of the picture one must look at when assessing tax reliefs: societal, cultural and environmental effects are also important and should not be discounted or ignored.

Our estimates of the costs of the ten highest costing reliefs show these to include pension contributions, stamp duty and capital gains tax exemptions on one's home, mortgage interest relief, non-taxation of child benefit, medical insurance relief and the special savings accounts. These cannot be characterised as tax shelters for high earners.

There are many reasons a person would have a nil liability. This can arise from the cumulation of tax relief for pension contributions, trading losses carried forward, capital allowances and various tax reliefs. It must be accepted that tax reliefs, even where they can be justified for good public policy purposes, will reduce the tax bills of those in the higher income bracket.

I am conscious of the need to ensure equity in the tax system. Since 1998, this Government has made 29 separate and effective moves to limit reliefs, re-focus allowances, close off loopholes and ensure that a proper balance is struck between the provision of particular incentives for good public policy reasons and the availability of opportunities for higher earners to reduce their tax exposure. I will continue this policy. To that end, all reliefs and incentives will be kept under review to ensure that they are fulfilling the purpose for which they were intended.

As I have recently informed the House, the Revenue Commissioners are introducing a number of changes to certain tax forms which will yield additional information regarding the cost of reliefs. This is part of ongoing commitments to improve the quality of information available on the costs of tax expenditures generally. Provisions were included in the Finance Act 2004 to underpin these changes. This will provide better data in this area and enable fuller estimates of the tax foregone to be made over time.

National Minimum Wage.

Gay Mitchell

Question:

98 Mr. G. Mitchell asked the Minister for Finance the cost of removing the minimum wage entirely from the scope of income taxes in 2005. [29897/04]

Eamon Gilmore

Question:

118 Mr. Gilmore asked the Minister for Finance the progress made to date with regard to the commitment given in An Agreed Programme for Government to remove all persons on the national minimum wage from the tax net; the steps he intends to take to ensure that this commitment is honoured; and if he will make a statement on the matter. [29847/04]

I propose to take Questions Nos. 98 and 118 together.

I am informed by the Revenue Commissioners that the full year cost of removing the minimum wage entirely from the scope of income tax in 2005 would be €350 million, if achieved through an increase in the employee PAYE credit. It would be €525 million in a full year if the necessary increase was applied solely to the personal credit. If the required increase was applied equally between the personal and employee credits, the full year cost would be €440 million.

When the statutory minimum wage came into effect in 2000, less than 64% of the annualised figure of €11,330, or £8,923, was exempt from taxation. In budget 2002, 90% of the minimum wage became exempt from tax and in budgets 2003 and 2004, this position has been maintained even though the minimum wage was increased in October 2002 and February 2004. The wage currently stands at €7 per hour, having been increased from €6.35 per hour on 1 February 2004. The annualised equivalent of the minimum wage is €14,196 and 90% of this figure is free of tax for the single PAYE person.

There is a commitment in the Government programme, An Agreed Programme for Government, which states that "over the next five years our priorities will be to achieve a position where all those on the minimum wage are removed from the tax net". The five year period mentioned commenced two years ago when the Government was elected to office. I should also point out that the commitment to exempt the minimum wage from tax is given in the context of a broader economic and budgetary strategy which provides, among other things, that the public finances will be kept in a healthy condition and that personal and business taxes will be kept down in order to strengthen and maintain the competitive position of the Irish economy.

The current national partnership agreement, Sustaining Progress, contains a commitment in generally similar terms. Accordingly, exemption from tax of those on the minimum wage will be a matter for consideration in the context of the annual budgets over the next number of years consistent with the Government's overall economic and budgetary strategy and with the Government's commitments already mentioned. However, there should be no doubt about our commitment in this regard.

Housing Market.

Michael Noonan

Question:

99 Mr. Noonan asked the Minister for Finance his views on the exposure of the economy to reversals in the housing market; and if he will make a statement on the matter. [29909/04]

Recent years have seen a rapid increase in output in the residential construction sector. In 2003, housing construction accounted for just over 10% of GNP. While I would expect a normal easing back of housing output in the coming years construction sector demand should be assisted by a continuation of a strong public capital programme and a pick up in other investment. Most commentators believe the Irish housing market is underpinned by sound economic fundamentals and favourable demographics which must also be taken into account.

Tax Code.

John Gormley

Question:

100 Mr. Gormley asked the Minister for Finance if he intends to introduce measures to prevent high earners from achieving zero tax liability; and if he will make a statement on the matter. [29981/04]

John Perry

Question:

109 Mr. Perry asked the Minister for Finance whether additional caps should be introduced in respect of certain tax reliefs in order that they not be used to eliminate the tax liability of high earning persons. [29920/04]

I propose to take Questions Nos. 100 and 109 together.

There are many reasons a person would have a nil liability. This can arise from the cumulation of tax relief for pension contributions, trading losses carried forward, capital allowances and various tax incentives. It must be accepted that, of their nature, tax reliefs, even where they can be justified for good public policy purposes, will reduce the tax bills of those in the higher income bracket.

I am conscious of the need to ensure equity in the tax system. This Government has reduced the tax burden for all taxpayers, particularly the lower paid, on an unprecedented scale. Since 1998, we have also taken effective measures to limit and refocus tax reliefs to ensure a proper balance is struck between the provision of particular incentives for good public policy reasons and the availability of opportunities for higher earners to reduce their tax exposure. I will continue this policy. To that end, all reliefs and incentives will be kept under review to ensure that they are fulfilling the purpose for which they were intended.

With regard to the steps I may take or measures I may be considering, I refer the Deputies to the long-standing practice of Ministers for Finance not to comment on what may or may not be contained in upcoming budgets. I do not intend to depart from that approach.

Question No. 101 answered with QuestionNo. 84.

Ansbacher Accounts.

Breeda Moynihan-Cronin

Question:

102 Ms B. Moynihan-Cronin asked the Minister for Finance the number of persons, companies and trusts being investigated by the Revenue Commissioners arising from accounts (details supplied) at the latest date for which figures are available; the number of cases in which settlements have been agreed; the total amount paid to date; the number of cases still outstanding; if additional action has been taken by the Revenue Commissioners arising from the report of the inspectors; and if he will make a statement on the matter. [29855/04]

I am advised by the Revenue Commissioners that their Ansbacher review team has inquired into 289 cases to date and 92 of these cases have concluded settlements with Revenue. The 289 cases, taking account of spouses and connected companies, consist of 300 names. The 289 cases are made up of 179 cases listed on the High Court inspectors' report and 110 similar cases discovered by Revenue or listed on the authorised officer's report.

A total of 211 cases have been under active investigation. The remaining cases consist of 62 non-resident persons, including 17 former Irish residents, 12 individuals who claimed the 1993 amnesty provisions and four cases with insufficient identity information.

The investigation includes examining the tax position of disclosed entities and accumulating and assembling information on other connected entities. The number of connected entities in relation to cases under investigation is now nearly 700.

Revenue continues to make use of its legislative powers to seek books, records, documents and information in the cases being investigated. Where appropriate, prosecutions will be considered but these will depend on the level of evidence available.

Revenue has made five successful applications to the High Court for the production by financial institutions and third parties of books, records and other documentation, which are relevant to liabilities of Ansbacher account holders. Some 150,000 documents have been received under the terms of the High Court orders. Advanced investigative computer software is used in controlling and managing the documentation.

To date, a total of €44.01 million has been received in respect of 92 cases — 54 cases with final settlements of €32.47 million and 38 cases with payments on account of €11.54 million. This is made up of the following:

Cases

€ million

Cases involving Ansbacher or Ansbacher type arrangements

76 Cases

35.31

Other cases involving offshore funds or deposits

16 Cases

8.70

Total

92 Cases

44.01

The 92 cases which have concluded settlements with Revenue as referred to in the opening paragraph consist of 54 cases with final settlements of €32.47 million; 25 non-resident cases covered by the provisions of double taxation agreements; 11 with no additional liability; and two covered by the 1993 amnesty provisions.

Revenue made an application under section 11 of the Companies Act 1990 for a copy of the High Court inspectors' report, which was made available to Revenue on 6 July 2002. The information in this report has been carefully considered as regards the tax liabilities of the persons concerned. In addition, Revenue has made a further application to the High Court for access to the supporting papers to the High Court inspectors' report. Judgment was delivered by the President of the High Court on 25 May 2004 to allow access to the supporting papers in relation to clients of Ansbacher named in the High Court inspectors' report and those persons and companies, including members of the board, found by the High Court inspectors to have failed to co-operate with their inquiry. The judgment also allows for the Revenue Commissioners to make application and grounding affidavit for the obtaining of information and documents relating to any other individual or company. Access to documents is subject to the direction of the High Court. The High Court orders in the matter were granted in June 2004. Revenue has informed me that the investigations are time-consuming and complex and are likely to continue for some time to come.

Departmental Expenditure.

Michael Ring

Question:

103 Mr. Ring asked the Minister for Finance if he has received any report from the Office of the Comptroller and Auditor General or the Committee of Public Accounts on proposed changes in spending arrangements; and if he will make a statement on the matter. [29912/04]

I have received no report from the Office of the Comptroller and Auditor General or the Committee of Public Accounts specifically on proposed changes in spending arrangements. If there is a particular report the Deputy has in mind, I am happy to consider this matter further on the basis of more detailed information.

Tax Code.

Enda Kenny

Question:

104 Mr. Kenny asked the Minister for Finance if he has examined the take up of tax relief for pension contributions across different income categories; and if he will make a statement on the matter. [29915/04]

It is not possible to examine the take up of tax relief for all pension contributions across different income categories. This is because the relevant information is not available to the Revenue Commissioners as the tax relief for pension contributions for employees is normally given at source, that is, the taxable income is the income net of pension contributions by employees.

Claims Against the State.

Joe Sherlock

Question:

105 Mr. Sherlock asked the Minister for Finance the number of cases for compensation lodged against the State for alleged exposure to toxic mould in Government-owned buildings; the steps being taken to eliminate any threat posed by toxic mould; and if he will make a statement on the matter. [29872/04]

The State Claims Agency is handling two cases of alleging personal injury following exposure to a toxic mould. The State Claims Agency, as part of its risk management programme, commissioned a survey of a number of Government-owned buildings located countrywide to ascertain the situation in relation to toxic mould. The buildings selected were of varying age and building types.

The report did not reveal any prevalent toxic mould problem. The State Claims Agency is in discussions with the Office of Public Works to ensure that the necessary mechanisms are in place to permit the identification and removal of toxic mould where discovered. The State Claims Agency will provide guidelines to the Office of Public Works and State authorities early in the new year, based on the report's findings.

Decentralisation Programme.

Caoimhghín Ó Caoláin

Question:

106 Caoimhghín Ó Caoláin asked the Minister for Finance if he will report on progress to date on the decentralisation programme; and if he will make a statement on the matter. [29973/04]

The two reports of the decentralisation implementation group, DIG, dated 31 March 2004 and 30 July 2004, provide detailed accounts of the progress made in implementing the decentralisation programme announced last December. An analysis of the applications registered with the central applications facility by 7 September 2004 has also been published. I refer the Deputy also to the presentations made to the Oireachtas Joint Committee on Finance and the Public Service on 6 October 2004 by the chair of the implementation group, the CEO of the Public Appointments Service, PAS, and the Department of Finance. I am very pleased with the progress which has already been made in driving forward the implementation of the programme.

In addition, I have received for consideration from the DIG a report containing proposals on those organisations which, in the group's view, should be included in the first phase of moves and I expect to be making an announcement in this regard shortly.

Tax Code.

Paul Kehoe

Question:

107 Mr. Kehoe asked the Minister for Finance if he has satisfied himself with the equity of the stamp duty code. [29891/04]

As previously advised to the Deputy in a reply to a parliamentary question on 14 October 2004, stamp duty is a tax on property and property rights. As ownership of property is positively correlated with income, the incidence of this tax will tend to fall more on those on higher incomes. The equity of this depends on one's viewpoint but such a tax is generally regarded as progressive from the point of view of equity.

As for equity between different classes of purchasers of property, the following points are of relevance: stamp duty does not arise in the case of transfers on death; stamp duty does not arise in the case of transfers between spouses; half the normal rate applies in the case of transfers between other close relatives; no stamp duty applies in the vast majority of purchases of new houses by first-time buyers or other owner occupiers, whereas investors pay the normal rates on the purchase of new houses; and in the case of the purchase of a second-hand house by a first-time buyer, stamp duty only applies if the value exceeds €190,500.

It is always difficult to achieve complete equity in taxation but this issue is borne in mind where relevant in the case of stamp duty.

Jack Wall

Question:

108 Mr. Wall asked the Minister for Finance his views on the recent suggestion made by Dublin City Council for the introduction of a sales tax and hotel bed tax to fund local councils; and if he will make a statement on the matter. [29870/04]

It is my understanding that this question relates to a detailed submission by Dublin City Council to a major independent review of local government financing in Ireland which is being carried out. The Minister for the Environment, Heritage and Local Government has set up a steering group to oversee this review, which is expected to be completed in spring 2005. At this juncture it would be premature of me to offer any comment on the possible recommendations or measures which may arise from the review process.

Question No. 109 answered with QuestionNo. 100.

Decentralisation Programme.

Pat Rabbitte

Question:

110 Mr. Rabbitte asked the Minister for Finance the total estimated cost of acquiring sites, new buildings, equipping new offices and other ancillary costs likely to arise from the decentralisation proposals; and if he will make a statement on the matter. [29865/04]

Dan Boyle

Question:

127 Mr. Boyle asked the Minister for Finance the costings which are being provided, in view of the fact that it is accepted that it will cost over €1 billion to provide accommodation for office relocation throughout the country for Departments and agencies, in terms of logistics and ancillary costs; and if he will make a statement on the matter. [29976/04]

I propose to take Questions Nos. 110 and 127 together.

The Budget Statement 2003 set out a major new programme of public service decentralisation involving the relocation of 10,300 civil and public service jobs to 53 centres in 25 counties. Further announcements since then increased the scope of the programme to over 10,500 jobs in more than 56 locations.

My office has been tasked with procurement of development sites in the designated locations and the procurement of accommodation solutions to the office and facility requirements of the Departments and agencies involved. Following the requests for property proposals, the Office of Public Works received in excess of 700 proposed property solutions in relation to the decentralisation programme scheduled for the various locations around the country. Detailed evaluation of these proposals has been undertaken and the Office of Public Works has made significant progress in sourcing possible sites at the locations concerned.

The evaluation process involves the following three-strand approach: an architectural assessment by OPW architects; a valuation process undertaken by both OPW and private sector valuers; and an assessment by reference to the business needs and staff requirements of each decentralising Department or agency.

To date, eight property solutions have been agreed in principle and a further 20 are at an advanced stage in the acquisition process. The balance of the sites will be pursued over the coming months.

A broad range of factors will influence the selection of sites and these include: proximity of the site to commercial, leisure and educational facilities; proximity to public transport; access to and from a good quality road network; and zoning for development. The prevailing property market conditions in each geographical area will also have a significant bearing on the acquisition of sites. In the circumstances and taking into account that the acquisition process is still in progress, it is not possible at this stage to provide a precise estimate of the cost of the site acquisition programme. However, for working purposes only, an indicative figure of €75 to €100 million is being used by the OPW.

The next stage in the decentralisation process will focus on the construction of office accommodation on the sites being procured by OPW. The decentralisation implementation group recommended a public private partnership approach, where appropriate, to the procurement of the office accommodation. Consequently, my office has been developing a comprehensive risk-adjusted costing of project elements to measure the value for money of future PPP bids, in addition to examining the appropriateness of using traditional procurement methods. It is expected that the scale and locational profile of some decentralisation projects will not fit within a PPP procured model. Accordingly the cost profile of such projects may vary from the PPP model.

It is anticipated that, in the vast majority of cases, the accommodation facilities will be provided by the construction of new office buildings and cost estimation can be approached on that basis. However, in advance of actual market testing of any procurement methodology, it is possible, at this time, only to assign the most general measurements of cost to such a large-scale, diverse and complex programme.

It is estimated that approximately 210,000 sq. m, or 2.26m sq. ft, of office space will be required to accommodate the total numbers included in the programme. Current industry cost norms in respect of commercial offices would indicate an average build cost to fit-out standard, in the range of €1,450 per square metre to €2,000 per square metre. Such figures exclude VAT, professional fees and inflation. In addition, the cost of equipping the accommodation to standard office equipment levels could be estimated at c.€4,000 per person. This would exclude the cost of information and communication technology and specialised equipment requirements.

Such general measurements of cost do not include specialised facility and equipment requirements and other variables which would arise from the spread of possible procurement methodologies. In addition, general cost indicators of this type show a snapshot in time. The chairman of the decentralisation implementation group laid out a sequencing approach to members of the Joint Committee on Finance and the Public Service on 6 October. The group's views on sequencing and timing are to be submitted to the Cabinet sub-committee on decentralisation for its consideration. The outcome of these deliberations will clearly have an impact on how we can more closely assess programme costs going forward.

It is self-evident that a firmer scale of costs for the decentralisation programme will only emerge on foot of actual cost proposals being received from the market. Nevertheless we can clearly anticipate that, generally-speaking, the cost of providing accommodation infrastructure in provincial locations compared to central Dublin locations should yield considerable cost savings to the State over time in terms of site costs, capital build costs and maintenance costs.

In relation to non-property costs, my Department, at the request of the decentralisation implementation group engaged consultants to identify the areas in which non-property related costs and savings would arise in both the transition phases and in the longer term. I understand that this report has been received and further information concerning these issues will be made available shortly.

Aer Rianta.

Richard Bruton

Question:

111 Mr. R. Bruton asked the Minister for Finance if he is satisfied with the payments made to terminate the employment of the chief executive of Aer Rianta; and the papers which were presented to him in this respect before he issued his approval. [29879/04]

I refer the Deputy to my previous reply of 14 October. The previous Minister, as shareholder, indicated his consent to arrangements, outlined to him by the chairman of Aer Rianta on 24 September last, concerning the package the board proposed to make to the deputy chief executive who was leaving the company. I understand that the proposed package included a lump sum of two and a half times salary, a contribution to pension fund, payment of a bonus and retention of company car.

Banking Sector.

Joan Burton

Question:

112 Ms Burton asked the Minister for Finance if he has plans to require the main banks to make a greater contribution to the Exchequer through taxation or other appropriate mechanism, especially in view of the recent report from a company (details supplied) showing that the two main banks here are among the most profitable in Europe; and if he will make a statement on the matter. [29842/04]

As the Deputy is no doubt aware, companies are liable to corporation tax on their profits at the relevant tax rate. Since 1 January a new standard rate of corporation tax of 12.5% has applied across the board to the trading profits of companies. If a particular company's net trading profits for tax purposes increase, then it will pay more corporation tax. The Finance Act 2003 provided for a special levy on financial institutions calculated by reference to the amount of tax payable by them in 2001 on deposit interest. The levy applies at €100 million per annum for each of the years 2003, 2004 and 2005. As Deputies will be aware, it is not the practice in the lead up to the budget to comment on any possible changes in taxation.

Tax Code.

Olwyn Enright

Question:

113 Ms Enright asked the Minister for Finance if he is satisfied with the equity of the tax treatment of the housing sector. [29906/04]

A range of tax incentives exist in the housing market in the case of first-time and other owner occupiers, investors and tenants. For owner-occupiers, mortgage interest relief at the standard rate is granted in respect of interest paid up to a ceiling on loans used for the purchase or improvement of a person's sole or main residence. Preferential arrangements exist for first-time buyers over other owner occupiers. The existing higher ceilings for first-time buyers on allowable interest were increased in budget 2003. The period for which these increased ceilings will apply was extended from five years to seven years.

All owner-occupiers, including first-time buyers, are generally exempt from stamp duty on new houses where the property is 125 square metres or less. In addition, there is more favourable stamp duty treatment for first-time buyers of second hand houses up to €381,000 as compared to other purchasers. Owner-occupiers also are not subject to capital gains tax on the gain from the disposal of their main residence.

In relation to investors, in budget 2002, against a background of increasing rents and a shortage of rental stock, mortgage interest relief was reintroduced in respect of borrowings for use in the rented residential sector. For tenants, tax relief at the standard rate is available to individuals in respect of rent paid on their accommodation up to a certain ceiling.

The years 2002 and 2003 were the eight and ninth successive years of record housing output with 57,695 and 68,819 completions, respectively. This positive trend in supply has continued into 2004, with statistics for the six months to June showing that overall house completions at 35,957 were up 21.4% on the same period last year.

The housing market is a complex and dynamic one and demands continuous monitoring and adjustment to address changing circumstances. In such examinations tax equity is always a consideration. As the Deputy will appreciate, it is not the practice to comment on the possibility or otherwise of tax policy changes in the lead up to the annual budget.

Decentralisation Programme.

Willie Penrose

Question:

114 Mr. Penrose asked the Minister for Finance the supports, financial or otherwise, which will be made available to civil and public servants transferring to new locations outside of Dublin under the proposed decentralisation programme; and if he will make a statement on the matter. [29864/04]

The decentralisation implementation group in its second report published in July 2004, recognised that a professional and comprehensive range of support services should be provided to assist decentralising staff with the myriad of issues likely to arise. The number of moves of staff and their families provides a significant market opportunity for providers of professional and other services. If it is possible for providers to offer services on a centralised or co-ordinated basis, there would also be significant benefits for staff.

The group recommended that the Department of Finance approach the market seeking expressions of interest for the supply of services covering auctioneering, legal, relocation and other appropriate services to support and assist staff relocating to any of the centres under the public service decentralisation programme. Depending on the expressions of interest received, the Department may pass on information about the services being offered to staff.

The Department advertised in the national press on Monday, 8 November for expressions of interest for the supply of services. The request for expressions of interest made it clear that no subsidy from public funds would be provided for any of the services offered or provided to staff. What services are provided and what the costs might be are issues which will have to be agreed between the provider and those members of staff who are considering using the services offered. The programme of decentralisation will be implemented through the transfer of staff on a voluntary basis. There will be no redundancies and, as on previous occasions, the payment of removal or relocation expenses will not arise. However, discussions will be held with the public service unions at every stage to ensure the necessary support is in place for all staff affected by the programme.

Flood Relief.

Fergus O'Dowd

Question:

115 Mr. O’Dowd asked the Minister for Finance the financial assistance he can offer to businesses and householders in view of the recent disastrous flooding in many parts of the country. [27535/04]

Tom Hayes

Question:

133 Mr. Hayes asked the Minister for Finance the steps he intends to take to alleviate the hardship felt by many residents and business people throughout the country who have been adversely affected by recent flooding; if he has satisfied himself with the flood prevention programmes in place in towns and cities; and if he will make a statement on the matter. [27703/04]

I propose to take Questions Nos. 115 and 133 together.

At its meeting on 2 November 2004 the Government approved the establishment of a humanitarian aid scheme to relieve hardship arising from the flooding of people's homes as a result of severe rainfall over several days during the last week of October 2004. The Irish Red Cross has been appointed to administer the scheme on the ground. My officials in the Office of Public Works met on 3 November 2004 with the IRC to finalise arrangements for the scheme and advertising of the scheme in both the national and local media commenced on 7 November 2004. The closing date for receipt of applications for aid is 24 November 2004.

The scheme applies to homes. It does not apply to businesses. It is emphasised that the scheme is humanitarian and is designed to relieve hardship. It is not compensation for losses and is not a substitute for insurance. Eligibility criteria for assistance will be in line with previous aid schemes, namely death, serious injury, damage to home or extreme hardship. The scheme applies countrywide.

In regard to flood prevention programmes in towns and cities, the OPW is committed to the implementation of a national priority programme of drainage schemes to alleviate localised flooding problems. This priority programme was drawn up following the severe flooding of 1994-95 and the passing of the Arterial Drainage (Amendment) Act 1995 which gave the Commissioners of Public Works powers to undertake drainage schemes to alleviate localised flooding. The first localised flood relief scheme carried out by the OPW on behalf of the Government under the Arterial Drainage (Amendment) Act 1995 began in 1996. Other areas have been added to the list in the intervening years. To date, 12 schemes have been completed and the major scheme currently under construction in Kilkenny city will also be substantially completed before the end of this year. The estimated capital cost of projects currently in the OPW's flood relief programme is in the order of €400 million.

The Government is committed to a strategic flood management policy. In that context I remind the Deputies that the Government at its meeting on 21 September last approved the recommendations of the flood policy review group. This confirms the role of the OPW in taking a strategic approach to flood management in the future and working in co-operation with the relevant local authorities. The programme of flood relief schemes on hand will be implemented as resources permit in the context of an integrated, long-term strategy on flood management measures, for example, flood warning systems, flood mapping, guidelines on development and formulation of catchment flood risk management plans to foster a catchment-based approach to flood management. Account will be taken of the need to prioritise expenditure in the areas of greatest need and to be mindful of the implications of climate change. I am glad to be able to report that the OPW has already commenced work on the development of flood warning systems and flood hazard mapping as the first steps in this new approach. I am satisfied that a coherent, sustainable, long-term strategy on flood management is now in place consistent with the recommendations of the flood policy review group and combining structural and non-structural measures.

Tax Code.

Mary Upton

Question:

116 Dr. Upton asked the Minister for Finance if he has considered the taxation implications of receipt of decoupled payments by farmers, which might occur within one financial year; and if he will make a statement on the matter. [29347/04]

I am aware of the taxation implications for farmers arising from the decision to fully decouple certain direct payment schemes from production levels with effect from 2005. In effect all FEOGA premia payments will from 2005 be replaced by a single payment to all eligible farmers. The Department of Agriculture and Food is committed to making the first annual payment under the new arrangement to farmers in December 2005. This payment will be in respect of entitlements established for the calendar year 2005. However, under the current regime FEOGA premia payments are generally made in two instalments, with an advance paid in the year to which the payment relates and the balance in the following year. The timing of the changeover from the current system to the single farm payment scheme will result in certain farmers having additional taxable income in the form of additional direct payments in the calendar year 2005. While farmers who have opted for the income averaging system can spread this additional income for taxation purposes over three years this facility is not available to part-time farmers or farmers where the spouse has off farm income. The Deputy will appreciate that in line with normal practice in the run up to the annual budget and Finance Bill I do not wish to comment further on the intention or otherwise to make changes in taxation.

American Tax Amnesty.

Seán Ryan

Question:

117 Mr. S. Ryan asked the Minister for Finance if he has carried out an assessment of the likely economic impact here of the corporate tax amnesty signed into law by the US President, Mr. George Bush, which may mean that profits generated here by US firms may now be returned to the US; and if he will make a statement on the matter. [29869/04]

The American Jobs Creation Act 2004 gives US multinationals a one-off chance to repatriate to the US accumulated profits held outside the US by availing of a special effective corporate tax rate of 5.25%. Non-US profits repatriated to the US are normally taxed at between 35% and 40%. This reduced rate of corporation tax will only be available for a 12 month period.

President Bush recently signed the legislation into law and full details of how it will be interpreted in practice are not yet available. Consequently, it is not yet possible to assess fully the likely economic impact.

I draw the attention of the Deputy to what my colleague, the Minister of State, Deputy Killeen, said in the Dáil on 16 November, namely, that IDA Ireland is not overly concerned that this one-off opportunity to repatriate accumulated profit to the US will affect the level of ongoing US investment in Ireland. However, IDA Ireland and Forfás will undertake a joint review of the legislation.

Question No. 118 answered with QuestionNo. 98.

Capital Expenditure.

Trevor Sargent

Question:

119 Mr. Sargent asked the Minister for Finance the amount of the capital expenditure programme allocation for 2004 which has been spent to date; and if he will make a statement on the matter. [29986/04]

Net voted capital spending to the end of October 2004 amounted to €3.051 billion. Under the rolling multi-annual capital envelopes announced in budget 2004, Departments are allowed to carry over to the following year up to 10% of voted capital savings in the current year. Latest assessments from Departments of the full year outturn, as set out in the recently published Abridged Estimates Volume, AEV, indicate savings of €80 million net of an estimated €248 million carryover of capital savings from 2004 into 2005. A saving of €80 million would be equivalent to 1.5% of the voted capital provision in the 2004 Revised Estimates Volume, REV. On the question of costs, however, the Deputy will be aware that my Department has been working closely with the Revenue Commissioners to investigate information and data capture issues with a view to improving data quality and transparency without overburdening compliant taxpayers. On foot of this work, the Revenue Commissioners is introducing a number of changes to the forms which will yield additional information regarding the cost of certain important tax reliefs, especially the property-based incentive reliefs, and I can supply the Deputy with a list of these. Provisions were included in Finance Act 2004 to underpin these changes. This will provide better data in this area and enable fuller estimates of the tax foregone to be made over time.

Property based incentives on which information is being sought in tax forms includes urban renewal; town renewal; seaside resort; rural renewal; multi-storey car parks; living over the shop; enterprise areas; park and ride; hotels; holiday cottages; nursing homes — associated housing for elderly or infirm — and convalescent homes; student accommodation; qualifying private hospitals, including qualifying sports injury clinics; and buildings used for certain child care purposes.

EU Cohesion Policy.

Brian O'Shea

Question:

120 Mr. O’Shea asked the Minister for Finance the efforts he is making to implement EU cohesion policy, specifically towards development of the regions with regard to EU cohesion policy; and if he will make a statement on the matter. [27987/04]

The central aim of EU cohesion policy is to reduce the economic and social disparities of the Union. The member states, their regions and the Commission are supported in their policy efforts mainly by the use of the Structural and Cohesion Funds. In Ireland's case, these funds, valued at around €3.7 billion over the period 2000 to 2006, are delivered through the community support framework, CSF. The CSF represents an agreement between Ireland and the European Commission for the support of a range of interventions in support of cohesion policy. The key objectives of the CSF 2000-06 are continuing sustainable economic and employment growth; consolidating and improving our international competitiveness; fostering balanced regional development; and promoting social inclusion.

In pursuit of the objective of balanced regional development, the strategy is delivered through three national operational programmes, OPs: economic and social infrastructure OP; productive sector OP; the employment and human resource development OP; and two regional OPs. The national OPs have specific funding envelopes for the BMW and south and east regions. They support investment in infrastructure, public transport, research and development, education and training. The regional programmes support local infrastructure, local enterprise, agricultural and rural development, child care and community development in the BMW and south and east regions. The regional assemblies, with members drawn from the regional authorities, are the managing authorities for the regional programmes.

Ireland, and both of its regions, has made considerable progress in achieving convergence with other member states of the Union. In terms of progress on economic development and employment, we now exceed the average EU levels for the key cohesion indicators of GDP per capita, employment rate, and the rate of unemployment.

Tax Yield.

Michael D. Higgins

Question:

121 Mr. M. Higgins asked the Minister for Finance if he will make a statement on the anticipated end of year Exchequer returns for 2004. [29860/04]

At the Abridged Estimates Volume, AEV, Conference last week, I stated that, as of then, my Department was anticipating an Exchequer borrowing requirement of about €0.7 billion compared to a budget day forecast of €2.8 billion for 2004. The difference was mainly due to about €2 billion extra in tax receipts and some savings on expenditure. There is still a lot of tax to come in so such estimates are always subject to change and up-dating.

Tax Harmonisation.

Ciarán Cuffe

Question:

122 Mr. Cuffe asked the Minister for Finance his views on whether there are areas of tax convergence which can and will happen within the European Union; and if he will make a statement on the matter. [29978/04]

It is not clear what the Deputy has in mind by the reference to "tax convergence". However, if by tax convergence the Deputy means the Commission's proposals for a common consolidated tax base or the harmonisation of rates, then Ireland is opposed to such developments. It is Ireland's position that each member state must be in a position to decide for itself the appropriate structure of its own tax system, bearing in mind the need to ensure that member states do not introduce unfair tax practices.

However, Ireland is happy to address tax matters at the EU level once the actions are appropriate, are targeted at clearly identified barriers to the workings of the Internal Market and are agreed by unanimity when they come before Council for decision.

In this regard, work is ongoing on a number of tax dossiers in both the direct and indirect tax area at EU level. For example, there is a proposal to amend the mergers directive to aid business to operate more effectively cross border and I understand that this is well advanced. Likewise, the recently agreed interest and royalties directive and the proposal to amend the parent and subsidiary directive are designed to facilitate the improvement of the internal market.

In relation to indirect taxation and VAT, the EU sixth VAT directive provides a Union framework for the harmonisation of the VAT laws of member states to provide for a uniform basis of assessment for VAT. Work in this area is ongoing in the context of the European Commission VAT modernisation strategy. The strategy is designed to meet the needs of the Internal Market and of the changing environment within which the VAT system operates. Examples of this changing environment include the increase in cross-border trade, the emergence of e-commerce and the substantial growth in the supply of services across the Internet to businesses and private consumers.

The EU VAT directive provides for the application by member states of a standard rate of VAT, which may not be less than 15%, and a common band for reduced VAT rates between 5% and 15%, applying to specified categories of goods and services.

In the area of excise taxation, Council directives provide for a community framework for the taxation of energy products and electricity, tobacco products, alcohol and alcoholic beverages.

These directives set down common definitions and classifications for the various product groups, the rules for calculating the tax, and the criteria under which relief from tax may be granted. Minimum rates of taxation for the products are also stipulated. The minimum rates are reviewed in Council from time to time.

Tax Code.

Gerard Murphy

Question:

123 Mr. Murphy asked the Minister for Finance if he has plans to introduce greater transparency in tax expenditures in budget 2005. [29889/04]

As I previously told the House, tax expenditures are regularly reviewed and are invariably looked at in the context of the annual budget and Finance Bill process to ensure they continue to meet the purpose or purposes for which they were introduced. Where tax changes are announced in the budget, they are set out in the summary of budget measures together with an estimated cost or yield, where possible. This will continue to be the position. This may often involve making a range of behavioural assumptions that may or may not prove valid and, in some cases, data to allow costing may not be available.

On the question of costs, the Deputy will be aware that my Department has been working closely with the Revenue Commissioners to investigate information and data to capture issues with a view to improving data quality and transparency without overburdening compliant taxpayers. On foot of this work, the Revenue Commissioners are introducing a number of changes to the forms which will yield additional information regarding the cost of some tax reliefs. Provisions were included in Finance Act 2004 to underpin these changes.

Changes were made in this area previously. The Finance Act 2003 stipulated that returns of income must henceforth be made for stallion stud fees and commercially managed woodlands. This will provide better data in this area and enable estimates of the tax foregone to be made.

In addition the use of electronic filing of tax returns by means of the Revenue on-line system, ROS, has been increasing and will continue to be encouraged. Returns filed using ROS can more readily accommodate information data capture. Additional cost information will assist in the regular review of these reliefs.

Special Savings Incentive Scheme.

Seán Ryan

Question:

124 Mr. S. Ryan asked the Minister for Finance the number of special savings investment accounts opened at the latest date for which figures are available; the average amount of savings per investor per month; on the basis of such figures, the definitive figure for the likely cost to the Exchequer of the scheme; and if he will make a statement on the matter. [29867/04]

I am informed by the Revenue Commissioners that, based on the analysis of the 2003 returns furnished by all qualifying savings managers, the total number of active accounts at 31 December 2003 was 1,113,880 and the average monthly subscription at that date was €165.

As indicated in replies to previous questions, it is not possible to give a definitive answer as to the eventual cost of the scheme as it is subject to a number of variables such as participants dying, withdrawing from the scheme or varying their monthly contributions. The cost of the scheme in 2003 was €531.9 million. If the current average monthly payment for the first ten months of 2004 continues for a full year, the annual cost in 2004 would be approximately €545 million. This, however, is not a conclusive figure, and the final figure may be different if account holders change their monthly contributions. The total gross cost over the period of the scheme will be reduced by the exit tax to be received at the end.

Tax Code.

Eamon Ryan

Question:

125 Mr. Eamon Ryan asked the Minister for Finance if he has considered the views of the chambers of commerce here on the suitability of a site value tax; and if he will make a statement on the matter. [29984/04]

I understand that the Chambers of Commerce of Ireland has made this proposal in the context of local government financing, which is currently the subject of an independent review commissioned by the Minister for the Environment, Heritage and Local Government. This review is expected to be completed in spring 2005. At this stage, it would be premature of me to offer any comment on the possible recommendations or measures which may arise from the review process.

Decentralisation Programme.

Ruairí Quinn

Question:

126 Mr. Quinn asked the Minister for Finance the latest information available from the central applications facility in respect of applications from civil servants and other public servants currently located in Dublin who wish to transfer to new locations outside of Dublin under the decentralisation programme; the way in which this compares with the target of 10,300; his views on the potential loss of skills and expertise for specialist State agencies should they be decentralised with so few persons willing to transfer; and if he will make a statement on the matter. [29862/04]

The latest figures from the central applications facility show there is very substantial interest in the programme. The figures for the Civil Service are much better than those for the State agencies. Unlike the State agencies, the Civil Service has considerable previous experience of decentralisation and has a long tradition of interdepartmental transfers. I see no reason in principle State agencies should always have to remain in Dublin. Clearly, there are particular issues that arise in dealing with the State agencies. This was always going to be the case. The correct approach is to tease out the issues and develop good long-term solutions in consultation with all of the parties involved. This is the approach being adopted by the Flynn group.

Question No. 127 answered with QuestionNo. 110.

Tax Code.

Mary Upton

Question:

128 Dr. Upton asked the Minister for Finance whether there is an anomaly in treatment of farmers who might qualify for agricultural relief on capital acquisitions tax in comparison with business relief for business persons; and if he will make a statement on the matter. [29350/04]

Agricultural relief and business relief are two separate and distinct reliefs. Where agricultural relief has been granted in respect of any property, business relief will not apply to that property.

Relief from capital acquisitions tax for gifts and inheritances in respect of agricultural property was introduced in 1976. The relief now amounts to a reduction of 90% in respect of the market value of the agricultural property in question.

In relation to business property, capital acquisitions tax relief for all gifts and inheritances of relevant business property was introduced in the Finance Act 1994, amounting to a reduction of 50%. Business relief now amounts to a reduction of 90% in respect of the taxable value of relevant business property taken by the beneficiary, which is similar to agricultural relief. Each of these reliefs is subject to certain criteria.

Agricultural relief applies only where the property is taken by a "farmer", who is defined in the legislation as an individual who is domiciled and ordinarily resident in the State and 80% of whose gross property consists of agricultural property, as defined, after taking the gift or inheritance. This condition was introduced to exclude individuals with substantial non-agricultural assets from qualifying for the relief, and this test does not apply in order to qualify for business relief.

There are certain conditions that must be met to avail of business relief, which do not apply to agricultural relief. Examples of these are a minimum share holding requirement in the case of shares in a company acquired by gift-inheritance, a minimum period of ownership requirement by the disponer, and a requirement that the business continues to trade for a minimum period after being acquired by gift-inheritance. For the above reasons, I do not consider that there is an anomaly between the two reliefs, as suggested by the Deputy.

Public Sector Remuneration.

Brian O'Shea

Question:

129 Mr. O’Shea asked the Minister for Finance the amount paid out to date under the performance-related bonus scheme for senior civil servants, gardaí and members of the Defence Forces; the average amount paid; the largest amount paid out; the number of such persons who applied for the bonus and who were refused; the way in which and the person by whom decisions are made in regard to whether such persons should receive the bonus; if he is satisfied that nominations for payments are subjected to sufficient scrutiny; and if he will make a statement on the matter. [29857/04]

Following the recommendations of the review body on higher remuneration in the public sector in its report dated 25 September 2000, the Government decided to replace the then existing scheme in the Civil Service with a new scheme of performance-related awards and to introduce the new scheme in the Garda Síochána and the Defence Forces.

The new scheme applies to Civil Service posts at the levels of assistant secretary and deputy secretary, deputy commissioners and assistant commissioners in the Garda Síochána and major general and brigadier general in the Defence Forces. The scheme applied in the Civil Service with effect from 1 January 2002 and with effect from 1 May 2002 in the other areas. The funding of awards is based on 10% of the payroll for the posts covered by the scheme. Within this overall limit, payments of up to 20% can be made to individuals.

In accordance with the recommendations of the review body, a Committee for Performance Awards was established to oversee the operation of the scheme of performance-related awards. The members of the committee are Eddie Sullivan, chairperson, Secretary General, public service management and development, Department of Finance; Dermot McCarthy, Secretary General to the Government; Ann Fitzgerald, secretary general, Irish Association of Investment Managers; Maurice Keane, former Group Chief Executive, Bank of Ireland Group; and Tony O'Brien, Chairman, C&C Group PLC.

Decisions on performance-related awards for individual posts are made by the committee based on recommendations from Secretaries General in the case of the Civil Service, the Garda Commissioner or the Chief of Staff of the Defence Forces. The recommendations made to the committee are based on assessments of performance against pre-set objectives.

The first awards under the scheme were made in 2003. The awards covered a 12 month period from 1 January 2002 in the case of the Civil Service grades and an eight month period from 1 May 2002 in the case of the other groups. The awards made in 2004 were in respect of the 12 month period from 1 January 2003 in all cases.

The cost of the awards approved by the Committee for Performance Awards amounted to approximately €2 million in 2003 and approximately €2.2 million in 2004. As already indicated, the awards in 2003 related to an eight month period only in the case of the ranks in the Garda Síochána and the Defence Forces. In the case of the Civil Service grades, where the awards related to a 12 month period, the average amount paid was in the region of €10,000. The highest award made in 2003 was approximately €20,500 and the lowest award was approximately €1,700. In 2004, the average amount paid in respect of all groups was in the region of €10,600, the highest award made was approximately €21,500 and the lowest award was approximately €2,000.

The numbers of people who participated in the scheme of performance-related awards were 213 in the case of the awards made in 2003 and 205 in the case of the awards made in 2004.

In 2003, some award was made to all persons who participated in the scheme. In 2004, one person who participated in the scheme did not receive an award. The scheme of performance-related awards and the guidelines approved by the Committee for Performance Awards allow discretion to give some award in situations where demanding targets have been narrowly missed.

I am satisfied procedures are in place to ensure that recommendations for awards are considered fully. As I have indicated, a Committee for Performance Awards has been established, as recommended by the review body on higher remuneration in the public sector, to oversee the awards scheme. The committee, which has a majority of members from the private sector, examines the recommendations of Secretaries General, the Garda Commissioner and the Chief of Staff of the Defence Forces and decides on the award for each person covered by the scheme.

I might mention that the information sought by the Deputy, as well as other information relating to the scheme of performance-related awards, is contained in the annual reports of the Committee for Performance Awards. The report for 2003, covering awards made in 2004, is available on the website of my Department at www.finance.gov.ie.

Tax Code.

Thomas P. Broughan

Question:

130 Mr. Broughan asked the Minister for Finance the steps he is taking to establish the cost to the Exchequer in terms of tax foregone of 33 separate tax reliefs in respect of which no such information is available; and if he will make a statement on the matter. [29843/04]

I presume the question refers to replies that I have given to previous Dáil questions about the costing of tax reliefs. Information on the cost of tax reliefs is usually sourced from the tax returns of individuals and companies claiming the reliefs. Specific information is not currently available on the costs of certain reliefs and there are more than 33 specific provisions, which serve to reduce the tax paid in certain circumstances, for which full cost information is not available. In part this is because the aggregate information on tax return forms does not always allow for a distinction between the reliefs claimed in respect of different schemes.

On the question of costs, however, the Deputy will be aware that my Department has been working closely with the Revenue Commissioners to investigate information and data capture issues with a view to improving data quality and transparency without overburdening compliant taxpayers. On foot of this work, the Revenue Commissioners are introducing a number of changes to the forms which will yield additional information regarding the cost of certain important tax reliefs, especially the property-based incentive reliefs, and I can supply the Deputy with a list of these. Provisions were included in the Finance Act 2004 to underpin these changes. This will provide better data in this area and enable fuller estimates of the tax foregone to be made over time.

Property based incentives on which information is being sought in tax forms are: urban renewal; town renewal; seaside resort; rural renewal; multi-storey car parks; living over the shop; enterprise areas; park and ride; hotels; holiday cottages; nursing homes — associated housing for elderly or infirm — and convalescent homes; student accommodation; qualifying private hospitals, including qualifying sports injury clinics; and buildings used for certain child care purposes.

Non-Resident Accounts.

Liz McManus

Question:

131 Ms McManus asked the Minister for Finance the number of High Court orders sought to date by the Revenue Commissioners under the Finance Act 1999 to require financial institutions to supply names, addresses and other relevant information regarding holders of bogus accounts at the latest date for which figures are available; the number of cases in which orders have been granted; the general progress made to date in identifying the holders of such accounts who did not avail of the recent voluntary disclosure scheme; and if he will make a statement on the matter. [29854/04]

Authorised Revenue officers are empowered to make an application to a judge of the High Court seeking an order requiring financial institutions to supply names, addresses and other relevant information concerning account holders who may have held bogus non-resident deposit accounts. Such applications are made under section 908 of the Taxes Consolidation Act 1997, as amended by the Finance Act 1999. Information supplied by the financial institutions under section 908 orders is the principal basis for identifying bogus non-resident account holders who did not avail of the voluntary disclosure scheme in 2001. This inquiry work commenced on 16 November 2001.

I am advised by the Revenue Commissioners that 18 applications for orders under section 908 have been made and granted. When one includes institutions which have been taken over or amalgamated with other institutions, these orders seek information in respect of accounts in 26 financial institutions. No further applications for such orders are pending in regard to the bogus non-resident account inquiries.

A large volume of information has been reported to Revenue under the High Court orders. Inquiry work in relation to the examination of the first batch of taxpayers commenced on 11 October 2002. Further general issues of inquiry letters were made in January, May, July, September and October 2003 and January 2004. These general inquiry letter issues relate to 91,000 non-resident accounts that had Irish addresses connected to them. A total of 177,000 inquiry letters have been issued to taxpayers in respect of these non-resident accounts. The final general inquiry letter issue took place in January 2004.

While it is clear that this is an extensive investigation programme the Revenue Commissioners have informed me that they are satisfied that significant progress has been made in this the final phase of the investigation. Since 15 November 2001 payments of €330 million have been made to Revenue by taxpayers who held bogus non-resident accounts.

Tax Code.

Emmet Stagg

Question:

132 Mr. Stagg asked the Minister for Finance the annual cost to the Exchequer of tax foregone in respect of pension relief from 1997 to date; the number of persons receiving tax relief in respect of retirement annuity premiums of up to 30 years, from 30 to 40 years, from 40 to 50 years and 50 years and over, respectively; and the number who have invested the maximum earning capacity in each category; and if he will make a statement on the matter. [29873/04]

I am informed by the Revenue Commissioners that the relevant available information relates to the costof tax relief on pension contributions by employers, employees and self employed and the exemption of income and gains in the pension funds together with the numbers of employees contributing to approved superannuation schemes and the numbers of claimants in respect of retirement annuity contracts which are available to the self employed and to employees not in occupational pension schemes. The information is provided for the five income tax years 1997-98 to the short tax year 2001, the latest year for which it is available.

Following is the information available:

Income Tax relief relating to pension contributions Estimated Cost

Income Tax Relief

1997/98

1998/99

1999/00

2000/01

2001

Contributions by employers and employees and exemption of income and gains in the pension fund*

€1.5bn

€1.8bn

€2.2bn

€2.4bn

€1.8bn

Number of employees contributing to approved superannuation schemes**

n/a

n/a

569,220

629,800

670,500

‘Retirement Annunity Contracts’ available to the self-employed and to employees not in occupational pension schemes

€91.3m

€116.2m

€180.8m

€205m

€170m

Numbers of Claimants

72,200

92,900

104,500

109,300

109,300

*These are extremely tentative estimates.

**Calendar year figures sourced from annual reports of the Pensions Board.

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

Information on the number of persons receiving tax relief in respect of retirement annuity premiums by reference to age and maximum qualifying amount is not available.

Question No. 133 answered with QuestionNo. 115.

Seán Crowe

Question:

134 Mr. Crowe asked the Minister for Finance if he intends introducing new tax breaks for cars fitted with additional safety features. [27212/04]

I will consider all aspects of taxation in framing measures for the 2005 budget. However, it has been the practice of successive Ministers for Finance not to comment on what may, or may not, be contained in a forthcoming budget and I do not intend to depart from this approach.

Non-Resident Accounts.

Eamon Gilmore

Question:

135 Mr. Gilmore asked the Minister for Finance the response received to date by the Revenue Commissioners to the letters sent by ten top banks to around 120,000 customers warning them to regularise their tax affairs by the end of March 2004; the number of responses received; the amount collected to date; the number of such cases that have been finalised; and if he will make a statement on the matter. [29848/04]

I am advised by the Revenue Commissioners that precise figures are not available as to the number of letters which issued from the financial institutions. It is understood to be in excess of 100,000. It is not known how many accounts or individuals this represents because some individuals had accounts in different banks or in different branches of the same bank. In other instances there was more than one name on the account.

The Revenue Commissioners have advised that, following the issue of the letters by the financial institutions, written responses were received from approximately 25,000 persons. Of these, approximately 15,000 persons advised that they would submit a statement of disclosure. Approximately 10,000 persons who gave details of their offshore account were subsequently notified by Revenue that a statement of disclosure was not required. I am also advised that a further 5,000 persons, approximately, phoned the Revenue Commissioners and, on the basis of the information provided, were advised that a written response was not required.

To date the total amount collected by the Revenue Commissioners from this investigation is in excess of €705 million. The individual cases will be finalised by officers in the Revenue districts across the country when the preliminary work is complete.

Question No. 136 answered with QuestionNo. 82.

Northern Ireland Issues.

Caoimhghín Ó Caoláin

Question:

137 Caoimhghín Ó Caoláin asked the Minister for Finance if he will report on progress in his efforts to secure a PEACE III programme; and if he will make a statement on the matter. [29974/04]

The Government is very aware of the valuable role the PEACE II programme has played in building peace and reconciliation in Northern Ireland and the Border region and that there continues to be a need for such funding. Therefore, I welcome that an extension is being pursued on foot of the conclusions of the heads of state meeting of June 2004 which, responding to a joint initiative by the two Prime Ministers concerned, invited the Commission to examine the possibility of extending the programme to 2006.

Officials in my Department are working closely with the UK Government, the Department of Finance and personnel in the North, the special EU programmes body, SEUPB, the Commission and the Presidency on this matter. The SEUPB, which manages the programme, carried out extensive public consultation over the summer to find out how, if the extension is granted, the additional moneys should be focused. There was a very good response to this consultation — more than 70 written responses and a wide attendance at public meetings. This shows the high level of engagement with the PEACE II programme. Based on these consultations my Department, in conjunction with the Department of Finance and personnel in Northern Ireland, submitted proposals for an extension to the European Commission on 30 September last.

The proposals were adopted by the Commission on 13 October. The proposals require amendments to EC Regulation No. 1260/1999 on the PEACE programme and budgetary adjustments to secure funds for an extended programme. These require a Council decision and ratification by the European Parliament by the end of the year. I can assure the Deputy that my Department will continue to make every possible effort to get a positive decision so that Peace funding can be continued under an extended programme in 2005.

As the Deputy is aware, the proposed extension would bring the programme in line with other structural fund programmes which run to 2006. If extended, spending in the PEACE programme may occur until 2008.

Tax Code.

Joe Costello

Question:

138 Mr. Costello asked the Minister for Finance if he intends to make changes to the legislative provisions regarding residency abroad for tax purposes, particularly in regard to the so-called Cinderella clause, whereby if a person has left the country by midnight, it does not count as a day of residence; and if he will make a statement on the matter. [29846/04]

As the Deputies may be aware, the residence rules for tax purposes were last updated in the 1994 Finance Act by the then Government following a comprehensive review of the matter by the Revenue Commissioners and my Department. Prior to this the rules were based on a mixture of statutory provisions, old case law and Revenue administrative practice, which was an unsatisfactory situation. The new residence rules set out in the 1994 Finance Act both simplified and clarified the whole area and were generally welcomed. These rules provide inter alia that an individual is deemed to be present in the State for a day if the individual is present in the State at the end of the day. This is in line with the Revenue administrative practice prior to the Finance Act 1994 which was based on the number of nights spent in the State.

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

Asbestos Remediation Programme.

Jan O'Sullivan

Question:

139 Ms O’Sullivan asked the Minister for Finance the cost to the State of the removal of asbestos from primary and secondary schools; the number of schools which remain to be cleared of asbestos; and if he will make a statement on the matter. [26119/04]

In the five years since the commencement of the asbestos management programme in schools, approximately €55 million has been spent on remedial works, including extensive reinstatement works following the removal of asbestos materials.

Approximately 2,700 schools have so far been surveyed and works identified as necessary have either been completed, are in hand or are programmed over the coming months. The remaining 1,300 or so schools will be surveyed during 2005 and arrangements for the management of any materials identified will be put in hands as soon as possible thereafter.

National Development Finance Agency.

Róisín Shortall

Question:

140 Ms Shortall asked the Minister for Finance the projects that have been undertaken and partly or wholly funded by the National Development Finance Agency in respect of capital projects as indicated by him in launching the NDFA; the sums committed to each project; the Department or agency for which each project is being undertaken; the duration and likely completion date of each; and if he will make a statement on the matter. [29876/04]

The National Development Finance Agency, NDFA, was established in 2003 under the National Development Finance Agency Act 2002.

The role of the National Development Finance Agency is to advise State authorities on the optimum means of financing public investment projects in order to achieve value for money. State authorities, who are the decision-making bodies in regard to projects undertaken or to be undertaken, are obliged to seek the advice of the National Development Finance Agency in relation to 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. In addition to its advisory role, the NDFA is empowered to advance moneys and to enter into other financial arrangements in respect of projects approved by any State authority. To date, the agency has not exercised the option of raising finance itself. However, it has arranged or endorsed third party private financing in a number of projects. Of those, financing has been provided from the following sources: private bank debt, European Investment Bank project loans and private equity. I am advised by the agency that since its establishment in 2003, more than 60 projects have been referred to it for advice.

Projects on which NDFA advice has been received, and in respect of which financial contracts have been closed, include: the Dundalk western bypass, the Kilcock-Kinnegad motorway and the Rathcormac-Fermoy bypass — all National Roads Authority projects — the Luas, Railway Procurement Agency, Fatima Mansions, Dublin City Council, the Metropolitan Area Broadband Network Management Company, the Department of Communications, Marine and Natural Resources, and a variety of projects for four local authorities, Cork City Council, Cork County Council, Kildare County Council and north Tipperary County Council.

Further details including duration, cost and likely completion dates of the various projects are a matter for the relevant State authorities responsible for procuring the projects.

Garda Stations.

Jimmy Deenihan

Question:

141 Mr. Deenihan asked the Minister for Finance the reason for the delay in selecting a site for the new Garda station in Castleisland, County Kerry; and if he will make a statement on the matter. [29649/04]

The Commissioners of Public Works are continuing to negotiate for a suitable site for a Garda station in Castleisland. The commissioners identified a number of sites that were regarded as suitable by the Garda Síochana. However, to date, despite extensive negotiations and a number of firm offers, agreement has not been reached on an acceptable price. The prices quoted to date are significantly above the open market value in each case. The commissioners have now identified other sites in the area and have commenced preliminary investigations on their suitability in each case.

Tax Code.

Eamon Ryan

Question:

142 Mr. Eamon Ryan asked the Minister for Finance if he will report on the use that has been made to date of research and development tax relief; and if he will make a statement on the matter. [29983/04]

A 20% tax credit was introduced in the Finance Act 2004 for qualifying incremental expenditure by companies on research and development activity. A commencement order was made by my predecessor in July 2004 bringing the measure into effect for qualifying research and development expenditure incurred on or after 1 January 2004.

As the measure was only introduced this year it is too early to assess the impact of the credit. However the Government is mindful of the need to assess its effectiveness and an assessment will be done by my Department over the next number of years in tandem with the Department of Enterprise, Trade and Employment and the relevant state agencies.

A special tax relief for research and development was introduced in the 1995 Finance Act. The tax relief provided, in addition to the normal deduction to companies in computing trading income for research and development expenditure, an additional treble deduction for incremental expenditure on research and development. The incentive applied on a group basis to the excess of annual group incremental expenditure over £25,000, €31,743.45. The research and development project was also required to be approved by Forbairt. The tax relief applied for a three year period provided the three year period did not commence on or after 1 June 1999. I am informed by the Revenue Commissioners that there are no statistics available to them on the take up of this relief, however the indications are that the relief was not widely availed of.

Flood Relief.

David Stanton

Question:

143 Mr. Stanton asked the Minister for Finance if his attention has been drawn to the flood damage caused in Youghal and Ballynacoda in east Cork; the funding available for flood relief; his plans to safeguard against flooding; and if he will make a statement on the matter. [27446/04]

Preliminary reports from Cork County Council suggest that approximately 50 homes and 20 business premises were flooded in the Youghal and Ballynacoda areas in east Cork following the severe rainfall in the last days of October.

The Government has approved a humanitarian aid package to relieve hardship arising from the flooding of people's homes. The purpose of the scheme is solely to provide humanitarian assistance to relieve hardship and is not intended to provide compensation for losses. My officials have met with the Irish Red Cross Society, IRCS, who will implement the scheme details of which have been agreed and published in the national and local press in the past two weeks. The closing date for receipt of applications under the scheme is 24 November 2004. The IRCS has considerable experience in this area having previously implemented a number of such schemes in the past for the OPW. I have every confidence that applications will be dealt with in a compassionate, impartial and as timely a manner as possible.

The funding available through the OPW for flood relief activities in 2004 is €20.559 million. The funding which will be available in 2005 is not confirmed yet, but I anticipate that the level of funding will at least remain at current levels. Last month the Government approved the recommendations of the flood policy review group. This confirms the lead role of the OPW in taking a strategic approach to flood management in the future and working in co-operation with the relevant local authorities. Following the recent flooding, OPW will be seeking initial assessments of the situation in the city and county areas of Cork. These assessments will then be considered by OPW under new prioritisation criteria currently being developed by it for all flood relief works as recommended by the flood policy review group.

Tax Code.

Paul Nicholas Gogarty

Question:

144 Mr. Gogarty asked the Minister for Finance his views on the fact that tax relief and tax avoidance measures cost the State €8.4 billion in foregone taxes each year; and if he will make a statement on the matter. [29980/04]

I assume the Deputy is referring to information on the estimated cost of certain major tax incentives-expenditures recently supplied to the Oireachtas Joint Committee on Finance and the Public Service by the Office of the Revenue Commissioners. It is not correct to characterise as tax avoidance the legitimate use of such provisions, most of which are well established and reflect accepted principles of taxation reliefs.

Among these major tax incentives-expenditures, some of the reliefs estimated to have substantial costs in terms of tax foregone include relief for superannuation contributions, the exemption of child benefit from income tax, the special savings investment accounts as well as stamp duty, capital gains tax and mortgage interest relief for owner occupiers. It is widely acknowledged that there are legitimate and reasonable reasons for tax reliefs as a general principle and few would argue that these tax relief provisions have not made a significant contribution to the economic life of the country.

I will, of course, continue to keep all reliefs and incentives under review to ensure that they are fulfilling the purpose for which they were intended.

Freedom of Information.

Jan O'Sullivan

Question:

145 Ms O’Sullivan asked the Minister for Finance the number of applications he has received to date in 2004 under the Freedom of Information Act; the way in which this compares with the same periods in 2002 and 2003; if, in view of the huge decrease in the number of applications, he will review the restrictions imposed on the operation of the Freedom of Information Act 1997; and if he will make a statement on the matter. [29859/04]

The information requested by the Deputy is as follows:

Number of FOI requests received at 19 November 2002

Number of FOI requests received at 19 November 2003

Number of FOI requests received at 19 November 2004

280

296

73

I have no plans to review amendments made to the Freedom of Information Act 1997.

Decentralisation Programme.

Bernard J. Durkan

Question:

146 Mr. Durkan asked the Minister for Finance the extent to which the objectives set in the decentralisation proposals announced in budget 2004 have been achieved to date; and if he will make a statement on the matter. [29987/04]

The two reports of the decentralisation implementation group, DIG, dated 31 March 2004 and 30 July 2004 provide detailed accounts of the progress made in implementing the decentralisation programme announced last December. An analysis of the applications registered with the central applications facility by 7 September 2004 has also been published. I also refer the Deputy to the presentations made to the Oireachtas Joint Committee on Finance and the Public Service on 6 October 2004 by the chairman of the implementation group, the CEO of the PAS and the Department of Finance. I am very pleased with the progress which has already been made in driving forward the implementation of the programme.

In addition, I have received for consideration from the DIG a report containing proposals on those organisations which, in the group's view, should be included in the first phase of moves and I expect to be making an announcement in this regard shortly.

Natural Heritage Areas.

Fergus O'Dowd

Question:

147 Mr. O’Dowd asked the Minister for Finance the reasons behind the higher than expected cost of renovating the Palm House at the Botanic Gardens in north Dublin; and if he will make a statement on the matter. [27533/04]

The OPW undertook the restoration of the Palm House at the Botanic Gardens on behalf of the Department of the Environment, Heritage and Local Government. I am glad to report that restoration of the Palm House was completed on time and well within budget.

The Department of Finance sanctioned a total project budget of €16.71 million, which included for the restoration works, contingency, professional fees, planning fees and 1% for art, for the project. The Commissioners of Public Works in Ireland placed a contract in the sum of €13,148,125 inclusive of VAT and bond with John Paul Construction Limited. As the works progressed it became apparent, when account had been taken of necessary extras and variations that there was going to be a significant saving, estimated at €0.25 million, on the total project budget of €16.71 million. Accordingly, the OPW recommended that the adjacent Camillia House be restored as part of the Palm House contract. The Department of the Environment, Heritage and Local Government endorsed the recommendation as it was considered to be the most cost effective method of dealing with it. In addition, that Department was of the view that this project would have had to be undertaken sooner or later. This represented good value for money as the existing contractor had developed the expertise and had the appropriate skills to carry out the restoration work. Moreover, if the restoration of the Camillia House was to be deferred, the existing glasshouse would have been very obvious and would have taken from the restoration of the Palm House itself.

Accordingly, the Department of the Environment, Heritage and Local Government asked OPW to proceed with the restoration of the Camillia House. It undertook to provide the additional funds estimated at €0.5 million to complete these restoration works. The Department also contributed to additional works to the paths, internal and external topsoiling. I am pleased to say that the Royal Institute of the Architects of Ireland awarded the project an Irish Architecture 2004 award in May 2004.

Tax Yield.

Kathleen Lynch

Question:

148 Ms Lynch asked the Minister for Finance the number of persons, companies and trusts being investigated by the Revenue Commissioners arising from an inquiry (details supplied) at the latest date for which figures are available; the number of cases in which settlements have been agreed; the total amount paid to date; the number of cases still outstanding; and if he will make a statement on the matter. [29852/04]

I am informed by the Revenue Commissioners that arising from the Clerical Medical Insurance-NIB inquiry, 452 cases have been targeted for investigation.

To date, 295 cases have been settled on payment of tax, interest and penalties amounting to a total of €48.15 million. A further 115 cases have been finalised with no additional liability arising. The remaining 42 cases are the subject of ongoing investigation, in respect of which €5.30 million has been paid on account.

In the course of 2003, three cases were prosecuted in the courts with fines being imposed in two cases and a suspended sentence imposed in the other. The individuals concerned have also settled their tax affairs and paid the outstanding tax, together with interest and penalties. A further case is currently under investigation with a view to prosecution.

Aggregate results of the ongoing investigations have been published each year since 1998 in the annual reports of the Revenue Commissioners. Individual details of settlements have also been published where the provisions of section 1086 of the Taxes Consolidation Act 1997 applied.

Question No. 149 answered with QuestionNo. 84.

Decentralisation Programme.

Ruairí Quinn

Question:

150 Mr. Quinn asked the Minister for Finance if the year 2007 remains his target for completion of the decentralisation programme; the proposed date for the transfer of the first Department and the first State agency; the number of staff involved in each case; and if he will make a statement on the matter. [29863/04]

It has always been the case that implementation of the Government's decentralisation programme would take a number of years. In the past year, the decentralisation implementation group has undertaken work with Departments and State agencies on the implementation programme. I have now received for consideration from the implementation group a report containing proposals on those organisations which, in its view, should be included in the first phase of moves.

I expect to be make an announcement on this shortly.

Health Board Services.

Aengus Ó Snodaigh

Question:

151 Aengus Ó Snodaigh asked the Tánaiste and Minister for Health and Children if her attention has been drawn to the excellent work of an organisation (details supplied) in County Donegal in providing a wide spectrum of domestic violence services in the locality; if her attention has further been drawn to the funding crisis facing the organisation and to the fact that the existing level of funding is estimated to cover only 25% of the projected cost of running the project in 2005 due to increased demand for its services; and if her Department, in co-operation with the North Western Health Board, will make the necessary funding available to ensure that the organisation can continue its work and fulfil its mandate. [30300/04]

My Department does not directly fund health and personal social services to victims of abuse. Moneys are made available each year to the health boards for the provision of services to women victims of domestic violence. Additional funding has been made available each year since the establishment of the national steering committee on violence so that now more than €12 million is provided annually to the health boards for the provision of such services.

Official Engagements.

Caoimhghín Ó Caoláin

Question:

152 Caoimhghín Ó Caoláin asked the Tánaiste and Minister for Health and Children the number of times she has met the Northern Ireland Department of Health, Social Services and Public Safety or the British Minister for Health within the past 12 months; the matters discussed at these meetings; if further meetings are planned; and if she will make a statement on the matter. [29651/04]

Since taking up office in late September, I have not yet met either the Northern Ireland or the British Ministers for Health. However, I am pleased to inform the Deputy that I have arranged an introductory meeting with Ms Angela Smith, Minister for Health, Social Services and Public Safety, Northern Ireland. This meeting will take place on 9 December 2004.

Suicide Prevention.

Caoimhghín Ó Caoláin

Question:

153 Caoimhghín Ó Caoláin asked the Tánaiste and Minister for Health and Children the contacts she has had with the Northern Ireland Department of Health, Social Services and Public Safety or with the British Minister for Health since 30 September 2004 relating to all-Ireland co-operation on suicide prevention. [29652/04]

Since taking up office in late September, the Tánaiste and Minister for Health and Children has not yet had the opportunity to meet either the Northern Ireland or the British Ministers for Health.

However, in the area of suicide prevention, I am informed that the position in Northern Ireland and Britain has been taken into account in the formulation of the strategic action plan for suicide reduction which is currently being prepared. The strategic action plan, which involves the health boards executive, HeBe, in partnership with the national suicide review group and supported by the Department of Health and Children, will be based on extensive national and international consultation and evidence based research. It will build on existing policy and on the recommendations in the report of the national task force on suicide 1998. All measures aimed at reducing the number of deaths by suicide will be considered in the preparation of this strategy which will be completed in 2005.

Caoimhghín Ó Caoláin

Question:

154 Caoimhghín Ó Caoláin asked the Tánaiste and Minister for Health and Children the total cost associated with the national task force on suicide; the breakdown of the cost; its priorities for action for the coming 12 months; and the good practices which have been identified through its work. [29653/04]

Since the publication of the report of the national task force on suicide in 1998, my Department has given special attention to resourcing suicide prevention initiatives. A cumulative total of more than €17.5 million has now been provided towards suicide prevention programmes and for research. This funding supports the work of the various agencies involved in this area including the health boards, the National Suicide Review Group, The Irish Association of Suicidology and the National Suicide Research Foundation for its work in the development of a national parasuicide register. The annual report of the national suicide review group, NSRG, meets the requirement of the Health (Miscellaneous Provisions) Act 2001, that the Minister for Health and Children will report annually on the measures taken by health boards to prevent suicides in the previous year. This report outlines the measures taken by the health boards and other agencies to help prevent suicide and reduce the impact of suicidal behaviour. The aim of the report is to facilitate sharing of information across the health boards and other sectors regarding suicide prevention projects and to provide accurate and current information on the patterns of death by suicide in Ireland.

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

Health Board Staff.

Liz McManus

Question:

155 Ms McManus asked the Tánaiste and Minister for Health and Children the number of new posts advertised and filled by the new Health Service Executive; and if she will make a statement on the matter. [29654/04]

Liz McManus

Question:

204 Ms McManus asked the Tánaiste and Minister for Health and Children the number of directors posts that are created in the health reform programme; the number of these posts that have been filled; the salary attached to the job; and if she will make a statement on the matter. [30226/04]

I propose to take Questions Nos. 155 and 204 together.

The interim Health Service Executive identified the requirement for nine national director posts during its analysis earlier this year. Eight of these posts have been advertised with interviews held and an announcement on the successful candidates is due shortly from the interim executive. The approved remuneration level for the posts is as follows: director of national hospitals office —€152,000; director of primary continuing and community care directorate —€152,000; director of national shared services —€117,000; director of population health —€127,000; director of finance —€127,000; director of human resources —€127,000; director of information and communication technology —€117,000; director of change management and organisational development —€117,000. Work is continuing in the interim executive on the job specification for the director of corporate affairs post.

Medical Cards.

Michael Ring

Question:

156 Mr. Ring asked the Tánaiste and Minister for Health and Children the person who monitors the interests of medical card holders in relation to the indicative drug target savings schemes; if they are represented in this scheme; if only her Department and doctors are represented; and if she will make a statement on the matter. [29655/04]

Beverley Flynn

Question:

208 Ms Cooper-Flynn asked the Tánaiste and Minister for Health and Children the accountability that exists on the operation of the indicative drug target saving scheme, to ensure that the savings under the scheme are being used to benefit the patients of general practitioner practices. [30238/04]

Beverley Flynn

Question:

209 Ms Cooper-Flynn asked the Tánaiste and Minister for Health and Children if she will provide details on the indicative drug target savings scheme in regard to the savings since the scheme began in 1993; the breakdown in the savings on a county by county basis; and her views on the fact that this represents the best use of taxpayers money. [30239/04]

I propose to take Questions Nos. 156, 208 and 209 together.

The indicative drugs target savings scheme, IDTSS, was introduced from 1 January 1993 and was developed in line with health policy. The IDTSS is a negotiated agreement between the Irish Medical Organisation and the Department of Health and Children. The agreements provide that both parties are committed to the achievement of responsible and cost effective prescribing.

Under the terms of the IDTSS individual doctors can accrue savings which may be used to fund capital developments in their practices which provide additional or enhanced services impacting 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 evaluate and approve applications from participating GPs for the use of the savings made under the IDTSS.

The national distribution of payments under the scheme from the time of its commencement to 31 August 2004 is set out on a county basis in the following tabular form:

County

Amount Paid from GP Savings

Carlow

866,946

Cavan

1,191,695

Clare

2,439,633

Cork

9,566,826

Donegal

9,620,500

Dublin

18,867,368

Fermanagh

11,531

Galway

4,460,066

Kerry

3,274,138

Kildare

679,692

Kilkenny

1,271,250

Laois

677,511

Leitrim

2,232,230

Limerick

3,719,965

Longford

1,088,539

Louth

2,519,932

Mayo

6,002,893

Meath

2,450,963

Monaghan

737,643

Offaly

592,387

Roscommon

1,986,573

Sligo

2,558,230

Tipperary

1,923,209

Waterford

4,791,394

Westmeath

1,424,218

Wexford

3,067,881

Wicklow

2,133,409

TOTAL

90,156,620

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 the 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.

Health Board Staff.

Liz McManus

Question:

157 Ms McManus asked the Tánaiste and Minister for Health and Children the number of senior management posts filled in the Eastern Regional Health Authority, in the three health boards in the Dublin area since 1999, and in each health board area nationally as agreed by her Department. [29656/04]

Liz McManus

Question:

161 Ms McManus asked the Tánaiste and Minister for Health and Children the number and classification of senior management posts filled since March 2004 by the Midland Health Board; and if she will make a statement on the matter. [29678/04]

Liz McManus

Question:

176 Ms McManus asked the Tánaiste and Minister for Health and Children the number of senior management posts filled in the Eastern Regional Health Authority, in the three health boards in the Dublin area since 1999, and in each health board area nationally that did not require her approval; and if she will make a statement on the matter. [29790/04]

I propose to take Questions Nos. 157, 161 and 176 together.

Responsibility for human resource planning including in relation to senior management posts in each health board region rests with the chief executive officer, CEO, of each health board and the regional chief executive of the Eastern Regional Health Authority. Each CEO, in managing the workforce in his-her own region is responsible for determining the appropriate staffing mix and the precise grades of staff to be employed in line with service plan priorities, subject to overall employment levels remaining within the approved regional employment ceiling.

The Secretary General of my Department wrote to each CEO in March of this year instructing them, inter alia, to ensure that no vacancies at senior management level should be filled on a substantive-permanent basis except in exceptional circumstances where the formal approval of my Department had been secured in advance. A total of 22 such posts have been sanctioned since the issuing of the letter in March 2004 and the details of these posts are outlined in the following table. The posts approved are either key management posts for the delivery of patient services or concern important areas of health service operations. The filling of these posts is considered essential to maintaining the continuity and quality of service provision in the health services in the context of the transition to the new administrative structures.

As my Department does not maintain individual records in respect of the filling of senior management posts other than those directly related to the Secretary General's letter of March 2004, I have asked the CEO of each board and the regional chief executive of the ERHA to respond directly to the Deputy in respect of appointments in the period from 1999 to March 2004.

Health Board

Number of Posts

Title of post sanctioned

Eastern Regional Health Authority

1

Financial Controller

Mid-Western

1

Research and Development Officer

1

General Manager Limerick Primary, Community and Continuing Care

Midland

1

Materials Manager

1

Superintendent Registrar of Births, Deaths and Marriages

1

General Manager Acute Hospital Services

1

General Manager Community Care

North Eastern

3

Regional Risk Advisers

North Western

1

Regional Project Manager, EPR (Acute Services)

South-East

1

Travellers Health Officer

1

Regional Births Deaths and Marriages

1

General Manager Waterford Regional Hospital

1

Head Office Finance Post

1

Director of Finance (Temporary post-12 months)

Southern

1

Service Manager

3

Superintendent Community Welfare Officer

1

Medical Manpower Manager

Western

1

Superintendent Registrar of Births, Deaths and Marriages

Total

22

Liz McManus

Question:

158 Ms McManus asked the Tánaiste and Minister for Health and Children the role envisaged in the new health service for persons currently employed at the assistant chief executive officer grade in the health boards; and if she will make a statement on the matter. [29657/04]

The interim Health Service Executive together with my Department have been engaged in discussions with IMPACT since early this year regarding the implications of the reform for senior management personnel within the health boards. The interim Health Service Executive has repeatedly stated that all existing senior managers in the health boards will have important roles to play within the Health Service Executive. From 1 January, as part of the transition arrangements, which are designed to protect existing levels of service and reduce staff uncertainty, all existing senior managers in the health boards will continue in their current role. Instead of reporting to a health board chief executive officer, these senior managers will report to the appropriate national director in the HSE corporate headquarters in Naas. A document, which clearly sets out these reporting relationships is currently being finalised by the interim Health Service Executive.

During the course of 2005 the national directors will start the process of implementing the agreed design and this implementation will include ongoing discussion and negotiation with health staff and their representative groups.

Liz McManus

Question:

159 Ms McManus asked the Tánaiste and Minister for Health and Children the undertakings which have been given to the 11 chief executive officers of health boards with regard to their employment; and if she will make a statement on the matter. [29658/04]

Discussions are continuing between my Department and the health board chief executive officers concerning personnel issues arising from the dissolution of the health boards from 1 January 2005.

The executive chairman of the interim Health Service Executive has asked the chief executive officers to continue to work within the health system for six months or so in 2005 to address important issues regarding governance arrangements, management of risk and addressing staff uncertainty during the early part of the transition phase. This is a key part of the risk management programme which is being put in place to ensure that services are maintained through the transition to the unitary system.

Liz McManus

Question:

160 Ms McManus asked the Tánaiste and Minister for Health and Children the arrangements which have been made for a voluntary redundancy scheme in relation to the health reform arrangements; and if none is envisaged, the plans in place to redeploy existing health board staff; and if she will make a statement on the matter. [29659/04]

The Government has repeatedly stated there will be no involuntary redundancies as a result of the health reform programme. There are no plans to introduce a voluntary redundancy scheme for any health service employees, and no voluntary redundancy package has been sought from the Department of Finance.

From 1 January 2005 the current health board chief executive officers will cease in their current role, but all other staff will continue to work in their current roles. During the course of 2005 the national directors of the Health Service Executive will work with health staff in their respective divisions to deploy the staff into the newly designed health service. This system of deployment will be the subject of discussions with the relevant health unions.

Question No. 161 answered with QuestionNo. 157.

Hospital Services.

Denis Naughten

Question:

162 Mr. Naughten asked the Tánaiste and Minister for Health and Children further to Question No. 792 of 29 September 2004, when quarterly cervical smear clinics will be reinstated; and if she will make a statement on the matter. [29696/04]

The provision of health services for people living in County Roscommon is a matter for the Western Health Board. My Department has made inquiries of the board and I am advised that the board is currently preparing a reply in this matter which will issue directly to the Deputy.

Finian McGrath

Question:

163 Mr. F. McGrath asked the Tánaiste and Minister for Health and Children the action she will take with regard to patients on trolleys at Tallaght Hospital; and the reason all patients are facing the same way on the trolleys at the hospital. [29703/04]

Services at the Adelaide and Meath Hospital, incorporating the National Children's Hospital, Tallaght, are provided under an arrangement with the Eastern Regional Health Authority. My Department has, therefore, asked the regional chief executive of the authority to examine this issue and to reply to the Deputy directly.

I have identified the delivery of accident and emergency services as a priority area for attention. Many of the difficulties and delays experienced in emergency medicine, accident and emergency, departments reflect system-wide issues. It is, therefore, necessary to take a whole-system approach, involving primary care, acute care, and sub-acute and community care in tackling the problems in emergency medicine departments.

I have secured additional funding of €70 million in new current expenditure in 2005 to implement a number of initiatives to improve the delivery of emergency services. These include improvements in the following areas: patient flows through accident and emergency departments by developing and expanding minor injury units, chest pain clinics and respiratory clinics in hospitals; acute medical units for non-surgical patients; GP out-of-hours services; the physical environment for patients and staff including cleaning and security measures; direct access for GPs to diagnostic services; the availability of acute beds for emergency patients by sourcing capacity in the private nursing home sector for those patients who have completed their acute phase of treatment and expanded home care packages to support older people at home.

I am confident the measures I have announced will have a significant impact on the delivery of accident and emergency services.

Health Board Staff.

Joe Higgins

Question:

164 Mr. J. Higgins asked the Tánaiste and Minister for Health and Children the reason the report of the project team for the transfer of FÁS community employment schemes to health boards set up by the Health Boards Executive in June 2002 has not yet been acted upon; and if she will make a statement on the matter. [29715/04]

A Health Service Executive project team examined the cost of implementing the mainstreaming of FÁS community employment scheme workers engaged in the delivery of health-related services to permanent positions financed by the health boards. The implementation of the project team's report is being discussed by my Department with the Department of Finance in the context of the budget for 2005.

Hospital Waiting Lists.

Michael Ring

Question:

165 Mr. Ring asked the Tánaiste and Minister for Health and Children when a person (details supplied) in County Mayo will be called to Galway to be seen by a urologist; if this person is on a waiting list; if so, when they were placed on it. [29730/04]

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

Ambulance Service.

Caoimhghín Ó Caoláin

Question:

166 Caoimhghín Ó Caoláin asked the Tánaiste and Minister for Health and Children if her attention has been drawn to the fact that Buncrana, the second largest town in Donegal, is without both an ambulance service and an appropriate out-of-hours doctors’ service; and if the necessary funding for these essential health services will be provided sooner rather than later. [29738/04]

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

Hospital Staff.

Caoimhghín Ó Caoláin

Question:

167 Caoimhghín Ó Caoláin asked the Tánaiste and Minister for Health and Children the action being taken as a matter of urgency to fill the vacant dental surgeon position at Portiuncula Hospital. [29739/04]

Responsibility for the provision of dental services in the Western Health Board area is a matter for the board in the first instance. My Department has asked the chief executive officer to investigate the matter raised by the Deputy and to reply to him directly.

Hospital Waiting Lists.

Caoimhghín Ó Caoláin

Question:

168 Caoimhghín Ó Caoláin asked the Tánaiste and Minister for Health and Children if she will take action to shorten the waiting time for appointments with hospital consultants; and if she will make a statement on the matter. [29740/04]

Caoimhghín Ó Caoláin

Question:

169 Caoimhghín Ó Caoláin asked the Tánaiste and Minister for Health and Children if she or the national treatment purchase fund has collated statistics indicating the average waiting times for outpatient appointments with hospital consultants; and if so, if she will provide these statistics. [29741/04]

Caoimhghín Ó Caoláin

Question:

171 Caoimhghín Ó Caoláin asked the Tánaiste and Minister for Health and Children the average waiting time for pre-operative outpatient appointments with hospital consultants for patients requiring hip replacement operations. [29743/04]

I propose to take Questions Nos. 168, 169 and 171 together.

Responsibility for 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 its services based on patient need and use its 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, NTPF, 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 inpatients and day case treatments in acute hospitals. This is being particularly facilitated by the NTPF.

Caoimhghín Ó Caoláin

Question:

170 Caoimhghín Ó Caoláin asked the Tánaiste and Minister for Health and Children the average waiting times for hip replacement operations in each of the health board areas. [29742/04]

Responsibility for the collection and reporting of waiting lists and waiting times now falls within the remit of the national treatment purchase fund, NTPF.

My Department has asked the acting chief executive of the national treatment purchase fund to reply directly to the Deputy on the matter raised.

Question No. 171 answered with QuestionNo. 168.

Health Board Services.

Caoimhghín Ó Caoláin

Question:

172 Caoimhghín Ó Caoláin asked the Tánaiste and Minister for Health and Children if a person (details supplied) will be transferred to a nursing home in County Monaghan. [29744/04]

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

Services for People with Disabilities.

Bernard Allen

Question:

173 Mr. Allen asked the Tánaiste and Minister for Health and Children the grant aid available for the installation of lifts for the disabled in buildings that are used by the public, for example, community centres, churches and parish halls; and if there is no grant aid available, if she will consider introducing such a grant scheme. [29771/04]

The matter of access to public buildings and the provision of lifts which would facilitate access for people with disabilities is not a matter for the Department of Health and Children.

The National Disability Authority established under the aegis of the Department of Justice, Equality and Law Reform will have responsibility, under proposed measures in the Disability Bill 2004, for the development of a draft code of practice relating to the accessibility of public buildings to persons with disabilities for the purpose of giving guidance to public bodies.

The Department of the Environment, Heritage and Local Government has responsibility for monitoring the regulations governing access to public buildings including access for people with disabilities.

Medical Cards.

Bernard Allen

Question:

174 Mr. Allen asked the Tánaiste and Minister for Health and Children the reason for a decision by the Southern Health Board in the case of a person (details supplied) in County Cork. [29772/04]

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

Hospitals Building Programme.

Michael Moynihan

Question:

175 Mr. M. Moynihan asked the Tánaiste and Minister for Health and Children the position in relation to the proposed extension for Kanturk Hospital; the reasons for the delay in proceeding with the work; and when work is expected to commence on the project. [29181/04]

As the Deputy will be aware, the provision of health services in the Cork area is a matter for the Southern Health Board in the first instance. The board's policy document "Ageing with Confidence" has identified the need to develop additional long-stay beds for older people in the Southern Health Board area and as part of this programme the board is proposing to increase the number of long-stay beds at Kanturk Hospital. The proposal to develop additional beds at Kanturk Hospital is one of the capital projects which the board has submitted to my Department as part of its capital development programme. My Department will continue to liaise with the board to establish what new projects can be progressed, taking account of existing commitments and overall funding resources available to my Department. Regard will also be had to the significant additional revenue funding and staffing which will be required for these developments as well as the board's overall capital funding priorities.

Question No. 176 answered with QuestionNo. 157.

Health Board Services.

Michael Ring

Question:

177 Mr. Ring asked the Tánaiste and Minister for Health and Children the services available for children with autism in an area (details supplied) of County Mayo; the services currently provided by the health board; and the services proposed by the health board for that area. [29791/04]

Responsibility for the provision of services for persons, including children, with intellectual disability and those with autism in the Mayo area is a matter, in the first instance, for the Western Health Board. My Department has asked the chief executive officer of the health board to investigate the matter raised by the Deputy and reply directly to him.

Hospitals Building Programme.

Jackie Healy-Rae

Question:

178 Mr. Healy-Rae asked the Tánaiste and Minister for Health and Children the position regarding the long-awaited new hospital for Dingle, County Kerry (details supplied); and if she will make a statement on the matter. [29792/04]

As the Deputy will be aware, the provision of health services in the Kerry area is a matter for the Southern Health Board, in the first instance. The board in consultation with my Department decided to build a new 72 bed community hospital in Dingle, County Kerry to replace the existing hospital. This new hospital will comprise a mix of beds for continuing care, rehabilitation-convalescent, respite, palliative care beds and beds which will be used for direct admissions by the local GP-primary care team. In addition, there will be a central module, a day care unit, a mental health day care unit and an ambulance base.

The next step in the progressing of the Dingle project to construction is to invite tenders for the construction of the project. Any decision in relation to progressing this project will be considered by my Department in the context of the significant additional revenue funding and staff which will be required by the board to operate the new hospital and having regard to the board's employment ceiling and funding available to my Department.

Health Board Services.

Enda Kenny

Question:

179 Mr. Kenny asked the Tánaiste and Minister for Health and Children if consideration will be given to subsidising patients in the North Western Health Board area who have to go to Northern Ireland to avail of orthodontic services; and if she will make a statement on the matter. [29793/04]

The provision of orthodontic services is the statutory responsibility of the health boards in the first instance.

The chief executive officer of the North Western Health Board has informed my Department that due to staff shortages, the board is currently referring highest priority orthodontic patients to private practitioners in both the Republic of Ireland and Northern Ireland. The board has received additional funding from my Department to help meet the cost of such private referrals which are free of charge to the patients.

The chief executive officer has also informed my Department that the board has recently held interviews for a specialist orthodontist and expects to fill the post in the coming weeks.

National Cancer Registry.

John Gormley

Question:

180 Mr. Gormley asked the Tánaiste and Minister for Health and Children the data that is kept on the cancer register; if it includes the areas where a person grew up and the place at which they live; and if she will make a statement on the matter. [29807/04]

The National Cancer Registry has statutory responsibility for the collation and analysis of data on incidence and prevalence of cancer in Ireland.

My Department has, therefore, asked the director of the National Cancer Registry to investigate the matter and reply directly to the Deputy.

John Gormley

Question:

181 Mr. Gormley asked the Tánaiste and Minister for Health and Children the procedure a person can follow if they discover a cancer cluster in their area; the person they should contact to carry out an investigation; and if she will make a statement on the matter. [29808/04]

The health board or authority in the area in which the cancer cluster is suspected to exist is responsible for investigating the existence of such clusters. Statistical and epidemiological protocols have been devised to assist in the evaluation of small-area clusters. I understand this investigation would draw upon information sources such as the National Cancer Registry, HIPE data of local relevance, death certification and other sources which may be available locally. Anyone with concerns in relation to cancer clusters should bring the matter to the attention of the public health department of the health board-authority in their area who would consider the matter and initiate an investigation where appropriate.

Hospital Waiting Lists.

Dan Neville

Question:

182 Mr. Neville asked the Tánaiste and Minister for Health and Children, further to Question No. 287 of 19 October 2004, when a pre-waiting list appointment will be made for a person (details supplied) in County Limerick for the Mid-West Orthopaedic Hospital, Croom. [29814/04]

I understand the Mid-Western Health Board has issued a response to the Deputy dated 22 November 2004.

Health Board Services.

Paul Kehoe

Question:

183 Mr. Kehoe asked the Tánaiste and Minister for Health and Children if she has received an application from a person (details supplied) in County Wexford; and if she will make a statement on the matter. [29817/04]

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

Hospital Staff.

Liz McManus

Question:

184 Ms McManus asked the Tánaiste and Minister for Health and Children her views on concerns expressed by the Medical Council in relation to non-resident cosmetic surgeons carrying out work here; and if she will make a statement on the matter. [29949/04]

The Medical Council is the statutory body established to provide for the registration and control of persons engaged in the practice of medicine under the Medical Practitioners Act 1978. Doctors practising medicine should be registered with the Medical Council. Persons who avail of the services of doctors performing cosmetic procedures should endeavour to seek the services of reputable institutions. When invasive procedures are being arranged in cosmetic clinics, persons are strongly advised to check that the services are provided by a medical practitioner who is appropriately registered with the Medical Council in this country. In addition, before agreeing to undergo any procedure, persons should ascertain the level of follow-up medical support which will be available to them after the surgery has been completed.

Nursing Home Subventions.

Willie Penrose

Question:

185 Mr. Penrose asked the Tánaiste and Minister for Health and Children the position in relation to the provision of nursing home care for persons who are over 70 years of age and who hold medical cards; if this will be provided free under the terms of the Health Act 1970, as amended; the steps she is taking to ensure that those who have paid for the service to date will be refunded their payments; and if she will make a statement on the matter. [29950/04]

Eligibility for health services in Ireland is primarily based on residency and means. Under the Health Act 1970, determination of eligibility for medical cards is the responsibility of the chief executive officer of the appropriate health board other than for persons aged seventy years and over, who are automatically eligible for a medical card. Medical cards are issued to persons who, in the opinion of the chief executive officer, are unable to provide general practitioner medical and surgical services for themselves and their dependants without undue hardship. It is open to all persons to apply to the chief executive officer of the appropriate health board for health services if they are unable to provide these services for themselves or their dependants without hardship. However, central to our system of publicly funded long-term care is the principle that it is fair and reasonable that those who can afford to contribute to the cost of their long stay care should do so. The health strategy reinforces this point and states that:

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

The current position reflects this approach.

Under the Health (Nursing Homes) Act 1990 health boards may pay a subvention to assist a person in meeting the cost of private nursing home care. It was never envisaged that this subvention would cover the full cost of nursing home care. The Department of Health and Children has established a working group to review the operation and administration of the nursing home subvention scheme. The health strategy outlined in the document Quality and Fairness — A Health System for You acknowledges the need to clarify and simplify eligibility arrangements and sets down a commitment to introduce new legislation to provide for the introduction of clear statutory provisions on entitlement and eligibility.

A review of all existing legislation in this area has been carried out in my Department which will inform the approach to the drafting of new legislation in this area. As part of this exercise, my Department will attempt to resolve the current differences in approach in the consideration of the ability of individuals to pay under the various regulations in this area. Arising from concerns about the current practice of charging for long-stay care in health board institutions, the matter is being examined with regard to advice from the Office of the Attorney General with a view to clarification of the situation at an early date.

Services for People with Disabilities.

Finian McGrath

Question:

186 Mr. F. McGrath asked the Tánaiste and Minister for Health and Children if a care plan will be put in place for a person (details supplied) in Dublin 9 with a disability particularly for January 2005; and if she will make a statement on the matter. [29951/04]

Responsibility for the provision of services, including care plans, 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 Eastern Regional Health Authority to investigate the matter raised by the Deputy and reply directly to him.

Hospital Services.

Liz McManus

Question:

187 Ms McManus asked the Tánaiste and Minister for Health and Children if her attention has been drawn to the special deals or contracts being made by hospitals with certain pharmaceutical companies to use only a particular drug for certain conditions, for example a drug (details supplied) being prescribed by St. James’s Hospital; her views on the cost of this drug compared to other generic drugs; and if she will make a statement on the matter. [29952/04]

Responsibility for the provision of hospital services in the eastern region rests with the Eastern Regional Health Authority. My Department has, therefore, asked the regional chief executive of the authority to examine the issue raised and to reply to the Deputy directly.

Mental Health Services.

Liz McManus

Question:

188 Ms McManus asked the Tánaiste and Minister for Health and Children if she has received correspondence from a group (details supplied); the details of her response to it; and if she will make a statement on the matter. [29953/04]

Correspondence has been received from the group referred to by the Deputy on the relocation of the Central Mental Hospital. In responding to the group's concerns, it has been explained that proposals for the development of a new Central Mental Hospital are under consideration in my Department. The majority of admissions to the Central Mental Hospital come from within the prison service. Accordingly, ease of access between the main Dublin prisons and the hospital is of importance. I understand that the location of the hospital adjacent to a prison would have operational benefits for the prison service. On the other hand, it must be borne in mind that the Central Mental Hospital is a therapeutic, health care facility. I fully agree with families and carers who feel that it would not be desirable that the hospital be perceived as, or closely identified with, a prison complex.

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

Social Insurance.

Brian O'Shea

Question:

189 Mr. O’Shea asked the Tánaiste and Minister for Health and Children her proposals to exempt separated spouses, whose only income is the maintenance payments from the other separated spouse, from the 2% health levy; and if she will make a statement on the matter. [29954/04]

As the Deputy is aware the issues of taxation, social insurance and levies are dealt with in the context of budget day announcements and as such are a matter for the Minister for Finance.

Cancer Treatment Services.

Simon Coveney

Question:

190 Mr. Coveney asked the Tánaiste and Minister for Health and Children if she has plans to improve the inadequate level of breast care services for women, especially in the Southern Health Board area. [29968/04]

Since 1997, there has been a cumulative additional investment of approximately €57 million in the development of appropriate treatment and care services in the Southern Health Board region for people with cancer. The investment has enabled the funding of ten additional consultant posts together with support staff in key areas such as medical oncology, haematology, radiation oncology and breast surgery. The funding has facilitated the appointment of 27 cancer care nurse specialists across the region. The roll out of the national screening programme to the remaining counties is a major priority in the development of cancer services. It will ensure that all women in the 50 to 64 age group in every county have access to breast screening and follow up treatment where required. A capital investment of approximately €20 million has been approved to construct and equip two static clinical units, one in Cork and the other in Galway. The investment will also ensure that mobile units are available to screen women in the relevant age group in the Southern Health Board area and throughout the country. Detailed planning for the units is progressing as a matter of priority and a design brief will be completed shortly. It is expected that a design team will be in place early next year. The design, construction and commissioning of the units will take approximately two and a half years.

The report entitled Development of Cancer Services for Symptomatic Breast Disease recommended the development of a limited number of specialist units. Considerable investment and progress has been made in implementing the recommendations with most of the units now operational or at an advanced stage of development. The symptomatic breast service units for the Southern Health Board is at South Infirmary-Victoria Hospital in Cork and at Cork University Hospital. Any woman irrespective of her age or residence who has immediate concerns or symptoms should contact her general practitioner who, where appropriate, will refer her to the symptomatic services in her region.

Health Board Services.

Michael Ring

Question:

191 Mr. Ring asked the Tánaiste and Minister for Health and Children the categories of persons who are receiving orthodontic treatment; the breakdown of the categories that are being treated; and the categories that are available for patients in respect of orthodontic treatment. [29997/04]

The provision of orthodontic services is the statutory responsibility of the health boards in the first instance. The aim of my Department is to develop the treatment capacity of orthodontics in a sustainable way over the longer term. Given the potential level of demand for orthodontic services, the provision of those services will continue to be based on prioritisation of cases based on treatment need as happens under the existing orthodontic guidelines. The guidelines were issued in 1985 and are intended to enable health boards to identify in a consistent way those in greatest need and to commence timely treatment for them. Patients in category A require immediate treatment and include those with congenital abnormalities of the jaw, 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 and are placed on the orthodontic treatment waiting list. Patients in category C have less severe problems than in category B.

The number of cases treated is dependent on the level of resources available in terms of qualified staff in an area. This is reflected in the treatment waiting list. The provision of orthodontic services is currently severely restricted due to the limited availability of trained specialist clinical staff to assess and treat patients. Consequently, a category C waiting list may not be maintained in some health boards.

Child Care Services.

Richard Bruton

Question:

192 Mr. R. Bruton asked the Tánaiste and Minister for Health and Children if her attention has been drawn to the circumstances surrounding a psychiatric unit (details supplied) which was designated to provide services to children from south and west Dublin; if this facility has remained idle for the past seven months and now faces closure; if the reasons for this delay emanate from the failure to provide funding to recruit a consultant child psychiatrist for this facility; and if she will make a statement on the matter. [30139/04]

I have been informed by the South Western Area Health Board that, despite the availability of funding and repeated and exhaustive efforts in Ireland and internationally, the board was unable to recruit adequate consultant cover for Courthall, the facility referred to by the Deputy. In the context of the overall strategic plans for the child and adolescent psychiatric services in the board's area, the use of its inpatient facilities was reviewed. In light of its review, health board management worked with staff to create a new service model which could address the need for a high quality, comprehensive inpatient service for young people with mental health problems. Without the requisite senior medical cover it was not possible to deliver such a service on the Courthall site. As a result, a consolidation of inpatient services is now taking place which will allow for a significant enhancement of services at Warrenstown House, another child and adolescent psychiatric inpatient facility operated by the South Western Area Health Board. The facility at Courthall is now being utilised by the South Western Area Health Board's child care services where it provides valuable accommodation to the mainstream residential programme.

Accident and Emergency Services.

Richard Bruton

Question:

193 Mr. R. Bruton asked the Tánaiste and Minister for Health and Children if her attention has been drawn to an increasing number of serious accidents caused by the use of a leisure facility, more commonly known as a bouncing castle; if, in her discussions with the accident and emergency departments of various acute hospitals and the ambulance and fire service, this matter has been raised; and if she will make a statement on the matter. [30140/04]

The number and extent of injuries associated with the use of the leisure facility as described by the Deputy did not feature in my discussions with the agencies I have met in the context of improving the delivery of emergency services.

Hospital Charges.

Martin Brady

Question:

194 Mr. M. Brady asked the Tánaiste and Minister for Health and Children the number taken to court for non-payment of hospital bills for hospitals (details supplied); and the amount of unpaid accounts written off as bad debts for each hospital. [30182/04]

Information on the number of persons taken to court for non-payment of hospital bills and the amount of unpaid accounts written off as bad debts are monitored and under the direct responsibility of the relevant health board or authority. Accordingly, my Department has referred the Deputy's question to the chief executive officer of the Eastern Regional Health Authority and requested that he respond directly to the Deputy on the matter raised.

Health Board Services.

Martin Brady

Question:

195 Mr. M. Brady asked the Tánaiste and Minister for Health and Children the action planned to eliminate waiting lists for children’s orthodontic treatment. [30183/04]

The provision of orthodontic services is the statutory responsibility of the health boards and authority in the first instance. The aim of my Department is to develop the treatment capacity of orthodontics in a sustainable way over the longer term. I am pleased to advise the Deputy that a number of measures have been adopted to improve orthodontic services on a national basis. The grade of specialist in orthodontics has been created in the health board orthodontic service. In 2003, my Department and the health boards funded 19 dentists from various health boards for specialist in orthodontics qualifications at training programmes in Ireland and at three separate universities in the United Kingdom. The 19 trainees for the public orthodontic service include six dentists who successfully completed their training in September 2004 and have taken up duties with the boards. These measures will complement the other structural changes being introduced into the orthodontic service, including the creation of an auxiliary grade of orthodontic therapist to work in the orthodontic area.

Furthermore, the commitment of the Department to training development is manifested in the funding provided to both the training of specialist clinical staff and the recruitment of a professor in orthodontics for the Cork Dental School. This appointment will facilitate the development of an approved training programme leading to specialist qualification in orthodontics. My Department has given approval in principle to a proposal to further substantially improve training facilities for orthodontics at the school, which will ultimately support an enhanced teaching and treatment service to the wider region under the leadership of the professor of orthodontics.

In June 2002, my Department provided additional funding of €5 million from the treatment purchase fund to health authorities specifically for the purchase of orthodontic treatment. This funding enables boards to provide additional sessions for existing staff and to purchase treatment from private specialist orthodontic practitioners. The chief executive officers of the health boards and authority have informed my Department that at the end of the September 2004 quarter, there were 22,168 patients receiving orthodontic treatment in the public orthodontic service. This means there are over twice as many patients getting orthodontic treatment as there are waiting to be treated and more than 6,000 extra patients are getting treatment from the health boards and authority since the end of the September 2001 quarter.

Services for People with Disabilities.

David Stanton

Question:

196 Mr. Stanton asked the Tánaiste and Minister for Health and Children her policy in meeting the accommodation needs of persons with mental illness or intellectual disability; and if she will make a statement on the matter. [30184/04]

It is the policy of my Department to transfer persons with an intellectual disability or autism from psychiatric hospitals and other inappropriate placements to more appropriate care settings. It is also policy to provide enhanced levels of service for persons with an intellectual disability and those with autism who are accommodated in psychiatric hospitals, those accommodated in de-designated units, which were formerly designated as psychiatric services and to others who moved some years ago from psychiatric hospitals to alternative accommodation which is now unsuitable for their needs. The national intellectual disability database report for 2003 identified a group of 307 individuals living in psychiatric hospitals in that year as requiring transfer from these locations to more appropriate accommodation. There is specific mention of this programme in the health strategy with a stated objective to complete the transfer of persons with intellectual disability from psychiatric hospitals as soon as possible and not later than 2006.

Between 1999 and 2003, additional revenue funding of €10.5 million and €28.4 million capital funding was allocated to the intellectual disabilities programme to provide more appropriate care settings for this group of clients. It is the intention to continue this programme in 2005 from within the additional funding of €40 million for new services for people with intellectual disabilities which was announced last week.

Legislative Programme.

Liz McManus

Question:

197 Ms McManus asked the Tánaiste and Minister for Health and Children if she can give information relating to the introduction of a new human tissue Act that was promised as far back as 2000; and if she will make a statement on the matter. [30185/04]

An EU directive on standards of quality and safety of human tissues and cells was adopted on 31 March 2004. The directive sets minimum standards on the donation, procurement, testing, processing, storage and distribution of human tissues and cells for human applications. The directive must be transposed in member states by 6 April 2006. Transposition will give Ireland a framework on which to build the legislative base for all such activities. Work has commenced on the drafting of legislation to transpose the directive and identifying the other steps to be taken to ensure compliance with it.

The European Commission is considering the question of a directive on organ transplantation, including the issue of consent, and proposes to conduct a thorough scientific evaluation of the situation. It will present a report on its analysis to the Council of the European Union as soon as possible. It is hoped that this will provide the framework for the development of legislation in this area. In the meantime, it is intended to establish an expert group to review organ donation, procurement and utilisation policy in Ireland. The work of the group will inform Ireland's contribution to the discussions on the proposed directive on organs.

Mental Hospitals Report.

Ciarán Cuffe

Question:

198 Mr. Cuffe asked the Tánaiste and Minister for Health and Children the action she is taking on foot of the recommendations in the most recent report of the Inspector of Mental Hospitals. [30204/04]

The report of the Inspector of Mental Hospitals for the year ending 31 December 2003 was published on 8 September 2004. I welcome the publication of this report and acknowledge the important role the inspector has played for several years in providing an accurate and detailed account of services in the mental health sector throughout the country. In his 2003 report, the Inspector of Mental Hospitals notes the continuing decline in the number of patients in psychiatric inpatient facilities, from 3,966 at the end of 2002 to 3,701 at the end of 2003. Approximately 10%, or 2,349, of all admissions to psychiatric hospitals and units in 2003 were involuntary admissions. Ireland has a significantly higher rate of involuntary admission than other European countries. However, it is anticipated that the full implementation of the Mental Health Act 2001, with its more stringent procedures for involuntary detention, will significantly reduce the number of involuntary admissions, bringing practice in this country more into line with the rest of Europe.

In his report, the inspector refers to and welcomes the ongoing replacement of old institutional mental hospitals with acute psychiatric units attached to general hospitals. During 2003, two new acute psychiatric units opened at St. Luke's General Hospital, Kilkenny and at Mayo General Hospital, Castlebar. This year a new 50-bed acute psychiatric unit opened at the Midland Regional Hospital, Portlaoise. The inspector also noted some other developments which had taken place during 2003, especially the establishment of the expert group on mental health policy in August 2003. The expert group is preparing a new national policy framework for the mental health services. The group has undertaken an extensive consultation process with interested parties and is expected to report in 2005.

I assure the Deputy that, while I am pleased with the scale of the progress being made in many of the services, I accept that much remains to be done in providing a service which will enhance the quality of care for those suffering from mental illness. It is my intention to facilitate the service providers in bringing about the improvements and developments identified by the inspector as quickly as possible. I am fully committed to endeavouring to ensure that the recommendations made in the inspector's report for 2003 are implemented as soon as possible. An additional €15 million is being made available for the further development of our mental health services in 2005.

Suicide Incidence.

Michael Lowry

Question:

199 Mr. Lowry asked the Tánaiste and Minister for Health and Children if her attention has been drawn to the vital work being done by organisations such as Living Links; the financial support or otherwise provided to the organisation over the past five years either nationally or to any north Tipperary branch of the organisation; the funding that has been provided to similar suicide bereavement and counselling organisations servicing north Tipperary; and if she will provide additional financial and other resources to the work of Living Links in valuable bereavement support that it provides across the country. [30221/04]

I am aware of the work of the organisation referred to by the Deputy. I am informed that the Mid-Western Health Board provides support and funding for key bereavement support initiatives in north Tipperary. This includes the Living Links organisation and Suicide Understanding and Support, or SUAS, which provide support for those bereaved by suicide. The Mid-Western Health Board provided €5,000 to the Living Links organisation in 2003 and a further €10,000 was provided this year. Funding of €3,000 was provided to SUAS this year. The provision of additional funding and resources for these organisations is a matter for the Mid-Western Health Board.

Additional funding for the provision of support services for those bereaved by suicide will be considered in the context of the Estimates process for 2005.

Michael Lowry

Question:

200 Mr. Lowry asked the Tánaiste and Minister for Health and Children if her attention has been drawn to a letter (details supplied) sent to her office on 31 October 2004; if her attention has further been drawn to the crisis of youth suicide that is facing the country; her views on the fact that a co-ordinated effort based on the principle of early intervention involving her Department, the National Children’s Office and the Department of Education and Science is needed to tackle this huge and sensitive issue facing young people; her proposals for dealing with the crisis of youth suicide that faces parents and young people today; and if she will make a statement on the matter. [30222/04]

I am aware of the correspondence referred to by the Deputy. It is acknowledged that the issue of suicide prevention, especially among young people, requires action in a number of different areas and across a broad range of services and Departments. The issue will be addressed in the context of the preparation of the strategic action plan for suicide reduction which is currently underway. The strategy, which involves the Health Boards Executive in partnership with the national suicide review group supported by the Department of Health and Children, will be based on extensive national and international consultation and evidence based research. It will build on existing policy and the recommendations contained in the 1998 report of the national task force on suicide. All measures aimed at reducing the number of deaths by suicide will be considered in the preparation of this strategy which will be completed in 2005.

Health Board Services.

Martin Ferris

Question:

201 Mr. Ferris asked the Tánaiste and Minister for Health and Children the number on the waiting list for orthodontic treatment in County Kerry; and the number of orthodontists that are assigned to the county. [30223/04]

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

Martin Ferris

Question:

202 Mr. Ferris asked the Tánaiste and Minister for Health and Children when a person (details supplied) in County Kerry, who has been on the waiting list for orthodontic treatment, can expect to receive that treatment. [30224/04]

As the Deputy is aware, responsibility for the provision of orthodontic treatment to eligible persons in County Kerry rests with the Southern Health Board. My Department has asked the chief executive officer of the board to investigate the matter raised by the Deputy and to reply to him directly.

Martin Ferris

Question:

203 Mr. Ferris asked the Tánaiste and Minister for Health and Children if there is adequate funding or orthodontic care to cut the inordinate amount of time that people are forced to wait for treatment. [30225/04]

The provision of orthodontic services is the statutory responsibility of the health boards and health authority in the first instance. The aim of my Department is to develop the treatment capacity of orthodontics in a sustainable way over the longer term. I am pleased to advise the Deputy that a number of measures have been adopted to improve orthodontic services on a national basis. The grade of specialist in orthodontics has been created in the health board orthodontic service. In 2003, my Department and the health boards funded 19 dentists from various health boards for specialist in orthodontics qualifications at training programmes in Ireland and at three separate universities in the United Kingdom. The trainees for the public orthodontic service included six dentists who successfully completed their training in September 2004 and have taken up duties with the boards. These measures will complement the other structural changes being introduced into the orthodontic service, including the creation of an auxiliary grade of orthodontic therapist to work in the orthodontic area.

The commitment of the Department to training development is manifested in the funding provided to both the training of specialist clinical staff and the recruitment of a professor in orthodontics for the Cork Dental School. The appointment of a professor will facilitate the development of an approved training programme leading to specialist qualification in orthodontics. My Department has given approval in principle to a proposal to further substantially improve training facilities for orthodontics at the school which will ultimately support an enhanced teaching and treatment service to the wider region under the leadership of the professor of orthodontics.

In June 2002, my Department provided additional funding of €5 million from the treatment purchase fund to health boards and the authority specifically for the purchase of orthodontic treatment. The funding enables boards to provide additional sessions for existing staff and purchase treatment from private specialist orthodontic practitioners. The chief executive officers of the health boards and the authority have informed my Department that at the end of the September 2004 quarter, there were 22,168 patients receiving orthodontic treatment in the public orthodontic service. This means that there are more than twice as many patients getting orthodontic treatment as there are waiting to be treated and more than 6,000 extra patients are getting treatment from the health boards and authority since the end of the September 2001 quarter.

Question No. 204 answered with QuestionNo. 155.

Hospital Services.

Michael Ring

Question:

205 Mr. Ring asked the Tánaiste and Minister for Health and Children when a person (details supplied) in County Mayo will be given a bed in the University College Hospital in Galway. [30227/04]

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

Legislative Programme.

Beverley Flynn

Question:

206 Ms Cooper-Flynn asked the Tánaiste and Minister for Health and Children when she intends to bring in new legislation to update and codify the legal framework for eligibility and entitlements in regard to the health services; and the title of the new legislation. [30236/04]

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

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

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

Arising from concerns about the current practice of charging for long-stay care in health board institutions, this matter is being examined with regard to advice recently received from the Office of the Attorney General with a view to early clarification. The issue will be given priority in the context of legislative changes on eligibility.

General Medical Services Scheme.

Beverley Flynn

Question:

207 Ms Cooper-Flynn asked the Tánaiste and Minister for Health and Children the reason the Deloitte and Touche report into GMS was never published. [30237/04]

The Deloitte and Touche consultancy review of governance and accountability mechanisms in the general medical services schemes was received by my Department in February 2003. While the review was being considered by officials in my Department, the commission on financial management and control systems in the health service published the Brennan report and the audit of structures and functions in the health system resulted in the Prospectus report. Since the contents and recommendations of the latter reports are relevant to the subject matter of the general medical services review, my Department requested Deloitte and Touche to update its draft having regard to the latest financial data from the General Medical Services (Payments) Board. It remains my intention to bring the review to Government, after which its publication and implementation will be discussed.

Questions Nos. 208 and 209 answered with Question No. 156.

Long-Term Illness Scheme.

Beverley Flynn

Question:

210 Ms Cooper-Flynn asked the Tánaiste and Minister for Health and Children the illnesses covered under the long-term illness scheme; the criteria for inclusion in the scheme; when the last illnesses were added to the scheme; and the names of these illnesses. [30240/04]

Beverley Flynn

Question:

211 Ms Cooper-Flynn asked the Tánaiste and Minister for Health and Children the number of persons that benefit under the long-term illness scheme. [30241/04]

I propose to take Questions Nos. 210 and 211 together.

Under the Health Act 1970, a health board may arrange for the supply, without charge, of drugs, medicines and medical and surgical appliances to people with a specified condition, for the treatment of that condition under the long-term illness scheme. The conditions are mental handicap, mental illness for people under 16 only, phenylketonuria, cystic fibrosis, spina bifida, hydrocephalus, diabetes mellitus, diabetes insipidus, haemophilia, cerebral palsy, epilepsy, multiple sclerosis, muscular dystrophies, parkinsonism, conditions arising from thalidomide and acute leukaemia. Parkinsonism, acute leukaemia, muscular dystrophies and multiple sclerosis were added to the scheme in 1975. The average monthly number of claimants under the long-term illness scheme in the year ending 31 December 2003 was 32,720.

The scheme was designed to protect patients with a specified condition from excessive drug bills for the treatment of that condition. Following the establishment of the general medical services scheme in 1971 to provide free treatment for those who could not without undue hardship arrange to provide it for themselves and their dependants, various co-payment schemes have been introduced to provide assistance towards the cost of approved drugs and medicines for people with significant ongoing medical expenses, without restriction to the treatment of a particular condition. Since 1999, non-medical card holders and people with conditions not covered under the long-term illness scheme have been able to use the drugs payment scheme. Under this scheme, no individual or family unit pays more than €78 per calendar month towards the cost of approved prescribed medicines. The monthly threshold is due to increase to €85 from 1 January 2005.

In light of the protection provided from excessive drug costs by the general medical services and drugs payment schemes, there are no plans to amend the list of eligible conditions under the long-term illness scheme.

Medical Cards.

Beverley Flynn

Question:

212 Ms Cooper-Flynn asked the Tánaiste and Minister for Health and Children if general practitioners were paid a retainer per medical card for customers who were deceased but remained on the health board list for many years. [30242/04]

In 2001, following the decision to provide medical cards to all people aged 70 years and over, potential inaccuracies in general medical service scheme lists came to light. Health boards were requested to undertake reviews of their GMS registers. A group was established under the auspices of the Health Boards Executive to oversee these reviews. Following the reviews and as of July 2004, approximately 104,000 records have been removed from the GMS register. Health boards have advised that they consider most of these to be normal deletions due to death, change in eligibility status or persons moving from one board area to another.

The Health Boards Executive-led group identified an amount of overpayment of capitation fees arising from the removal of these entries of approximately €8.4 million. My Department is fully committed to recouping the overpayments identified in line with the commitment given to the Committee of Public Accounts.

Water Quality.

John McGuinness

Question:

213 Mr. McGuinness asked the Tánaiste and Minister for Health and Children if the SEHB has conducted an analysis of the quality of the drinking water at Clogh and Moneenroe, County Kilkenny; if so, if the reports will be publicised; and if she will make a statement on the matter. [30250/04]

The Department of Health and Children is not the Department responsible for the analysis of the quality of drinking water. The Minister for the Environment and Local Government made regulations in 2000 through SI 439 to give effect to the terms of the European Communities (Drinking Water) Regulations 2000. Under these regulations it is the duty of the sanitary authority to take the necessary steps to ensure that water intended for human consumption is wholesome and clean and meets the requirements of the regulations. A sanitary authority is defined under the regulations as a sanitary authority for the purposes of the Local Government (Sanitary Services) Acts 1878 to 1964. I trust this clarifies the position for the Deputy.

Health Board Services.

Enda Kenny

Question:

214 Mr. Kenny asked the Tánaiste and Minister for Health and Children the numbers on the waiting list for arthritis treatment in the Western Health Board area for each of the past three years; the year of referral from which patients are being allocated routine appointments and the year of referral for urgent waiting lists; the numbers that have been treated under the national treatment purchase fund; and if she will make a statement on the matter. [30256/04]

The provision of arthritis treatment is a matter for the Western Health Board. My Department has asked the chief executive officer of the board to investigate the issues raised and to reply directly to the Deputy.

Cross-Border Projects.

Caoimhghín Ó Caoláin

Question:

215 Caoimhghín Ó Caoláin asked the Tánaiste and Minister for Health and Children if she will report on her meeting of 17 November 2004 with officials from the Northern Ireland Department of Health, Social Services and Public Safety in relation to the establishment of a North-South child protection forum. [30260/04]

Following an invitation, an official from my Department met with officials from the Northern Ireland Department of Health, Social Services and Public Safety on 17 November. The meeting, which was extremely positive, was used to exchange information and documents and to explore any advantages to having further meetings. A further meeting has been tentatively arranged for early in 2005.

Health Board Staff.

Liz McManus

Question:

216 Ms McManus asked the Tánaiste and Minister for Health and Children the number of vacancies by health board area, of nursing, therapy and allied medical professional posts; and if she will make a statement on the matter. [30315/04]

Information on vacancy levels in the health service is not collected by my Department as a matter of routine. The Deputy may wish to note, however, that the Health Service Employers Agency undertakes quarterly surveys of nursing vacancies, the latest of which is for the period ending 30 June 2004. Employers reported in this survey that 771 vacancies existed, a decrease of 23% from 1,007 vacancies recorded a year previously in June 2003. A copy of the survey, which contains a breakdown by hospital, health board and voluntary agency, will be forwarded directly to the Deputy by my Department.

Responsibility for the management of the workforce, recruitment and the filling of vacancies in each region rests with the relevant health board or authority. My Department has therefore requested the chief executive officer of each health board and the regional chief executive of the Eastern Regional Health Authority to investigate the matter raised by the Deputy on vacancies in therapy and allied health professional grades and to respond to her directly.

Hospital Waiting Lists.

Seymour Crawford

Question:

217 Mr. Crawford asked the Tánaiste and Minister for Health and Children her views on whether it is reasonable or realistic for a person (details supplied) in County Cavan to be advised on a number of occasions that the appointment for a pre-assessment has been cancelled in Our Lady’s Hospital, Navan; her further views on whether it is further proof that the waiting list is not relevant simply due to the fact that people cannot obtain assessments in order to secure a place on the waiting lists; and if she will make a statement on the matter. [30316/04]

Responsibility for the provision of services at Our Lady's Hospital in Navan rests with the North Eastern Health Board. My Department has, therefore, asked the chief executive officer of the board to investigate the issue raised and to reply directly to the Deputy.

Appointments to State Boards.

David Stanton

Question:

218 Mr. Stanton asked the Tánaiste and Minister for Health and Children the identity of the members of the working group on home supports and personal assistance services; when the group was established; when she expects to receive its report; and if she will make a statement on the matter. [30317/04]

The working group on home supports and personal assistants first met in January 2002. The membership of the working group is as follows: Allen Dunne, Disability Federation of Ireland; Anne Winslow, Irish Wheelchair Association; David Fennell, Cheshire Foundation; Margaret Gillard, Rehab Group; Michael Corbett, Disability Federation of Ireland; Joan Bradley, Post Polio Support Group; Mo Flynn, Eastern Regional Health Authority; Pat Dolan, North Western Health Board; Anne Marie Kilkenny, Department of Health and Children; and Frank Tracy, Department of Health and Children.

The report of the working group will be incorporated into the strategic review of health and personal social services which is being undertaken by my Department. This will involve an in-depth examination of the needs of people who require home support and personal assistant services. I expect to receive the report early in 2005.

Asylum Support Services.

Paul Kehoe

Question:

219 Mr. Kehoe asked the Minister for Finance the initial purchase cost to the State of a centre (details supplied) in County Carlow; the breakdown of the ongoing costs since then; and if he will make a statement on the matter. [29832/04]

Ionaid Folain, Myshall, was purchased by the Office of Public Works on behalf of the Reception and Integration Agency of the Department of Justice, Equality and Law Reform for the sum of €1,333,225.00. The total for security and other costs incurred on the property from its acquisition until its transfer to the Department of Health and Children in August 2002 was €176,509.98.

Question No. 220 answered with QuestionNo. 80.

Budget Submissions.

Caoimhghín Ó Caoláin

Question:

221 Caoimhghín Ó Caoláin asked the Minister for Finance if he has received a pre-budget 2005 submission from the End Child Poverty Coalition; and if he will make a statement on the matter. [30295/04]

I confirm that I have received a pre-budget 2005 submission from the End Child Poverty Coalition. Its contents will be considered by me in the context of the forthcoming budget.

Natural Heritage Areas.

Pat Breen

Question:

222 Mr. P. Breen asked the Minister for Finance if the OPW will continue to employ guides on Scattery Island, Kilrush, County Clare, for the 2005 season; when it expects to recruit same; the plans the OPW has to further develop this important tourism amenity; and if he will make a statement on the matter. [29693/04]

Guide and information officers will be deployed by the heritage services of the Office of Public Works at Scattery Island in 2005 at a level that is necessary and appropriate to protect the monuments on the island and to interpret them for visitors. The guides will be deployed from the guides staff complement located at Ennis Friary.

Tax Code.

Mary Upton

Question:

223 Dr. Upton asked the Minister for Finance if he will consider any possible tax relief measures to encourage better farm management; and if he will make a statement on the matter. [29349/04]

It is understood that the Deputy is referring to the proposals made by the Irish Farmers Association and the Irish Creamery Milk Suppliers Association in their pre-budget submissions for specific tax measures to encourage land consolidation. The Deputy will appreciate that in line with normal practice in the run-up to the annual budget and Finance Bill, I do not wish to comment on the intention or otherwise to make changes in taxation.

Olivia Mitchell

Question:

224 Ms O. Mitchell asked the Minister for Finance the categories and nature of disability which qualify for tax relief under section 92. [29727/04]

Olivia Mitchell

Question:

225 Ms O. Mitchell asked the Minister for Finance if he intends to include persons confined to a wheelchair following a stroke in the category of those qualifying for tax relief under section 92. [29728/04]

I propose to take Questions Nos. 224 and 225 together.

I assume the Deputy is referring to the Disabled Drivers and Disabled Passengers (Tax Concessions) Regulations 1994 made under section 92 of the Finance Act 1989. The disabled drivers and disabled passengers tax concessions scheme is open to people with disabilities who meet the specified criteria and have obtained a primary medical certificate to that effect. The senior area medical officer attached to the relevant health board is responsible for both the medical assessment and the issue of the medical certificate.

The medical criteria for the purposes of the tax concessions under this scheme are set out in the Disabled Drivers and Disabled Passengers (Tax Concessions) Regulations 1994. A total of six categories of disabled person are listed under the regulations and a qualifying person must satisfy one or more of them. They are persons who are wholly or almost wholly without the use of both legs; persons who are wholly without the use of one leg and almost wholly without the use of the other leg such that the applicant is severely restricted as to movement of the lower limbs; persons without both hands or without both arms; persons without one or both legs; persons wholly or almost wholly without the use of both hands or arms and wholly or almost wholly without the use of one leg; and persons having the medical condition of dwarfism and who have serious difficulties of movement of the lower limbs. An individual who qualifies under the medical criteria as set out above is issued with a primary medical certificate.

Possession of a primary medical certificate qualifies the holder for remission or repayment of vehicle registration tax, a repayment of value added tax on the purchase of the vehicle and a repayment of VAT on the cost of adaptation of the vehicle. Repayment of the excise duty on fuel used in the motor vehicle and exemption from annual road tax to local authorities are also allowed.

An interdepartmental review group was established to review the disabled drivers' and disabled passengers' tax concessions scheme. The group examined all aspects of the scheme including the qualifying medical criteria. The report was published on my Department's website in early July and copies have been placed in the Oireachtas Library. As agreed by Government in June, I will consider the report on an ongoing basis in the overall budgetary context having regard to the existing and prospective cost of the scheme.

Ciarán Cuffe

Question:

226 Mr. Cuffe asked the Minister for Finance if a golf club (details supplied) in County Dublin is exempt from capital gains tax; if changes were made in the 2002 budget that altered the club’s tax status; and if he will make a statement on the matter. [29745/04]

It has not been the practice to comment on the tax affairs of individuals or persons unless a Deputy is clearly asking a question on their behalf. However, I understand from the Revenue Commissioners that the golf club in question is included on a list published on the Revenue website of bodies which have been granted a tax exemption under section 235 of the Taxes Consolidation Act 1997.

The general position is that income, including capital gains, of those bodies established for the sole purpose of the promotion of athletic or amateur games or sports is exempt from tax where it can be shown to the satisfaction of the Revenue Commissioners that such income is applied solely for those purposes. This method of tax treatment is of long standing, originating in the Finance Act 1928 and extended in 1963 and 2003. There were no changes in the 2002 budget relating to this matter.

Decentralisation Programme.

Michael Moynihan

Question:

227 Mr. M. Moynihan asked the Minister for Finance the progress on the acquisition of a site for the proposed OPW office in Kanturk, County Cork; the number of sites being considered; and when a decision is expected to be taken in respect of making an offer for one of these premises. [29180/04]

The evaluation of property solutions to fulfil the accommodation brief for staff decentralising to Kanturk is at an advanced stage. Preliminary negotiations have commenced with the respective owners of a number of sites. On completion of negotiations, a formal offer to purchase will be made for the site deemed most suitable.

Flood Relief.

Tony Gregory

Question:

228 Mr. Gregory asked the Minister for Finance further to his reply of 28 October 2004, the assistance he can give to a person (details supplied) in Dublin 3 who has been refused insurance flood cover and who cannot sell their house as a result; and if he will make a statement on the matter. [29806/04]

The Office of Public Works has no responsibility for the availability of insurance against flood risk. I regret, therefore, that I am not in a position to assist with this matter.

Garda Stations.

Willie Penrose

Question:

229 Mr. Penrose asked the Minister for Finance if, in view of the recent correspondence to him, he will consider a proposal to erect a new Garda station at a location (details supplied) in County Westmeath; and if he will make a statement on the matter. [29945/04]

The Commissioners of Public Works acquire sites and erect new Garda stations in accordance with priorities established by the Department of Justice, Equality and Law Reform. There are no current plans to replace Castlepollard Garda station. Any such proposal would require the agreement of the Department of Justice, Equality and Law Reform and the Garda authorities.

Financial Services Regulation.

Marian Harkin

Question:

230 Ms Harkin asked the Minister for Finance if the Irish Financial Services Regulatory Authority and the relevant insurance companies will establish a compensation fund, similar to that in the UK, through which holders of mortgage linked endowment insurance policies with shortfalls can be enabled to deal with their mortgage obligations. [29946/04]

The Irish Financial Services Regulatory Authority, IFSRA, is studying the matter of endowment loan shortfalls having commenced a survey earlier this year to determine whether and to what extent there will be difficulties for customers. It would be inappropriate to reach any conclusions in advance of IFSRA's consideration of the outcome of the survey. I will continue to review the adequacy of the relevant legislative framework as information from IFSRA becomes available.

No reliable data exist on the overall numbers of cases where there may be a shortfall. However, endowment loan approvals in the last five years represent just 3% of the overall mortgage market, although it has been considerably higher in the past. Since 1989, a total of 90,000 endowment loans were approved, roughly 10% of total loan approvals since 1989. These types of mortgages operate on the basis that instead of making capital payments on a mortgage, the client pays only the interest. Therefore, the capital amount owed does not decrease. However, the client also makes an investment with a life assurance company the aim of which is to cover the mortgage and, possibly, provide some additional benefit beyond that. The products provided additional benefits, for example, in the form of higher tax relief, which were attractive to borrowers. These products inherently require customers to take some risk whereby they are exposed to market fluctuations as with any market based life assurance investment. The fact that a person does not gain as much as expected is not in itself an indication of any inappropriate practices on the part of the bank or insurance company concerned.

The consumer director of IFSRA, Mary O'Dea, has encouraged people to come forward if they are worried about the possibility of having been missold an endowment mortgage. They should complain in the first instance to the company from whom they bought the policy. The UK did not establish a compensation fund for the payment of compensation to holders of mortgage linked endowment insurance policies with shortfalls. The financial services compensation scheme in the UK is a statutory fund of last resort to administer and pay compensation to eligible investors when a firm falling under its ambit is unable to fulfil its financial commitments to its clients. As regards endowment mortgages, our understanding is that the relevant UK authorities have set down guidance for financial institutions in relation to dealing with policyholders where mis-selling may have occurred. This guidance was based on the findings in cases brought before the courts and ombudsman schemes and given in accordance with long standing powers available to regulators in that jurisdiction.

There is already a substantial volume of legislation in place to address these products. For example, the Consumer Credit Act 1995 requires that all endowment loan application forms must contain a prominent notice to the effect that there is no guarantee that the proceeds of the insurance policy will be sufficient to repay the loan in full when it becomes due. The Act also obliges the provision of ongoing information on the performance of the policy, as do the Life Assurance (Provision of Information) Regulations 2001. The Central Bank and Financial Services Authority of Ireland Acts 2003 and 2004 established the IFSRA and considerably strengthened the regulatory environment. The Acts include an enhanced structure for dealing with consumer complaints about financial institutions.

Tax Code.

Joe Sherlock

Question:

231 Mr. Sherlock asked the Minister for Finance if there is a proposal to amend an order (details supplied) in view of the fact that it is having a detrimental effect on the delivery of inshore rescue and recovery services. [29947/04]

This matter has been raised on a number of occasions. The Value Added Tax (Refund of Tax) (No. 18) Order 1985, referred to by the Deputy, provides for the repayment of VAT costs incurred in respect of equipment for use only in respect of rescue or assistance at sea. The order does not extend to equipment used in rescue craft operational on bodies of fresh water. Practical difficulties in distinguishing the intended use of such equipment in the context of craft on fresh water bodies and the potential costs to the Exchequer are the main considerations in this regard. Charities and non-profit groups are exempt from VAT under the EU's sixth VAT directive. This means they do not charge VAT on their services and cannot recover VAT incurred on goods and services that they purchase.

Only VAT registered businesses which charge VAT are able to recover VAT. However, the Deputy may be aware that the Finance Act 1973 provided for the zero-rating of "life saving services provided by the Royal National Lifeboat Institution, including the organisation and maintenance of the lifeboat service". This means that while the RNLI does not charge VAT on the services it provides, it is entitled to reclaim VAT incurred on the goods and services which it purchases in delivering its services. In addition, the Irish Coast Guard, under the aegis of the Department of Communications, Marine and Natural Resources, administers the community of inland and inshore rescue services grant scheme. The community of inshore rescue services and the inland rescue service may apply for grants under the scheme in respect of both current and, more recently, capital expenditures. Guidelines on the scheme in terms of eligibility criteria and grant levels are available from the Irish Coast Guard.

Water and Sewerage Schemes.

John McGuinness

Question:

232 Mr. McGuinness asked the Minister for Finance further to Parliamentary Question No. 158 of 10 November 2004, when the survey will be completed; and if it will be costed. [29948/04]

The survey referred to in my reply to Parliamentary Question No. 158 of 10 November 2004 is an ongoing staff operation. When engineering staff visit heritage sites on other business the opportunity is taken to review existing waste water and sewerage systems. As such there is no additional cost attached to this survey.

Flood Relief.

Dan Boyle

Question:

233 Mr. Boyle asked the Minister for Finance the flood alleviation measures being taken on islands that are his area of responsibility. [28019/04]

The Office of Public Works has not received any information on flooding on any island arising from the recent heavy rainfall. It is highly likely that any flooding on the islands resulted solely from tidal flooding, which is the responsibility of the Department of Communications, Marine and Natural Resources. In accordance with the recommendations contained in the report of the flood policy review group approved by the Government last month, the Department of Communications, Marine and Natural Resources will continue its current role in relation to coastal erosion and coastal flooding.

Tax Code.

Michael Ring

Question:

234 Mr. Ring asked the Minister for Finance if he will consider raising the guidelines at which persons have to register for VAT; the last time this was reviewed or changed; and if he has plans to raise that level upwards from €51,000. [29996/04]

Traders making supplies in the State are obliged to register for VAT where certain turnover thresholds are exceeded or are likely to be exceeded in any continuous period of 12 months. The current thresholds, which were introduced in the Finance Act 1994 with effect from 1 July 1994 are €25,500 in the case of a person supplying services and €51,000 for persons supplying goods. The first threshold also applies to persons supplying a combination of goods and services or goods chargeable at the 13.5% or 21% VAT rates which are produced from zero-rated materials.

Businesses with a turnover below these thresholds can, of course, register for VAT. Those businesses in the service sector in particular frequently choose to do so for commercial reasons. It is not customary for me to comment on any possible changes to thresholds which may, or may not, arise in the context of the forthcoming budget.

Joan Burton

Question:

235 Ms Burton asked the Minister for Finance the number of small, self-administered pension funds and schemes; and the amount of tax relief claimed in respect of such schemes. [30112/04]

I am informed by the Revenue Commissioners that there are approximately 2,500 small self-administered pension schemes in existence. Employer contributions to small self-administered pension schemes are treated as a trading expense of the employer for tax purposes. Employee contributions to such schemes are netted off as deductions from an individual's income before arriving at the definition of income for tax purposes. Figures for pension contributions by employers and employees are not captured in such a way as to provide a dedicated basis for compiling estimates of cost to the Exchequer. Accordingly, the specific information requested by the Deputy is not readily available.

Grant Payments.

Michael Ring

Question:

236 Mr. Ring asked the Minister for Finance if he has received a request for €1.685 million by a working group (details supplied) in County Mayo; the position regarding same; if consideration will be given to this package; and when the necessary funding will be supplied. [30143/04]

The Office of Public Works has not received a request for €1.685 million from the group but has received a copy of the report of the group dated October 2004. The Office of Public Works does not have any statutory responsibility for the works now proposed by the working group.

Departmental Estimates.

Joan Burton

Question:

237 Ms Burton asked the Minister for Finance the net voted expenditure for each Department in the first ten months of 2004, with a breakdown of current and capital spending; his latest forecast for final expenditure outcomes at year end; and if he will make a statement on the matter. [30177/04]

Bernard J. Durkan

Question:

241 Mr. Durkan asked the Minister for Finance if he has examined the circumstances whereby a number of Government Departments have underspent in terms of their budgets in the past year; and if he will make a statement on the matter. [30280/04]

I propose to take Questions Nos. 237 and 241 together.

Net voted expenditure for each ministerial Vote group to end-October 2004, with a breakdown of current and capital spending, is set out below. The forecast outturn information is based on the latest estimates received from Departments and offices in connection with the recently published 2005 Abridged Estimates Volume.

Vote Group — Net

Spending to end-October 2004

2004 Forecast Outturn

Current

Capital

Total

Current

Capital

Total

Finance group

639

146

785

865

263

1,128

Taoiseach’s group

103

0

103

142

1

144

Justice group

1,408

68

1,477

1,748

107

1,854

Environment

580

860

1,440

685

1,624

2,310

Education

4,840

238

5,078

5,876

509

6,385

Marine

116

62

178

154

104

258

Agriculture

553

61

614

724

96

819

Transport

299

994

1,293

411

1,571

1,982

Health

6,915

297

7,212

8,095

510

8,604

Enterprise, Trade & Employment

658

171

829

766

339

1,105

Arts, Sport & Tourism

237

70

307

302

131

433

Defence

632

14

646

826

24

850

Foreign Affairs

423

7

430

550

13

563

Social & Family Affairs

4,892

0

4,892

5,972

8

5,980

Community group

131

63

194

181

98

279

Total

22,426

3,052

25,478

27,295

5,398

32,693

The end-October Exchequer returns showed that net voted spending by Departments and offices is some €1.35 billion below profile, of which €466 million is in respect of current spending and €885 million is for capital spending. The 2005 Abridged Estimates Volume included forecast outturn information as summarised above. Overall, there is a forecast saving of €150 million on gross spending of which €70 million is a saving on day-to-day spending. There is an €80 million saving on capital net of €248 million capital carryover from 2004 to 2005 under the multi-annual capital envelopes announced in the 2004 budget. There are higher receipts of €100 million across some Departments which will result in a net total forecast saving of €250 million between current and capital, net of the capital carryover. Notwithstanding the significant underspend to date, overall savings, net of capital carryover, are forecast at 0.75% of the 2004 Revised Estimates Volume provision.

Tax Code.

Ciarán Cuffe

Question:

238 Mr. Cuffe asked the Minister for Finance the amount of tax forgone to the Exchequer due to the tax relief afforded to creative artists; the number of persons who availed of this exemption; and the amount of relief granted to each person. [30205/04]

I am informed by the Revenue Commissioners that the most recent relevant information available on the exemption of certain earnings of writers, composers and artists relates to the short income tax year 2001, in respect of which some 1,323 claims for exemption were allowed at an estimated cost to the Exchequer of €23.5 million. It should be noted that as PAYE taxpayers were charged to tax on their earnings in the period from 6 April to 31 December 2001 and self-employed taxpayers were assessed to tax for the short year on 74% of the profits earned in a 12-month accounting period, data provided may not be directly comparable with those of earlier or later years. However, the Revenue Commissioners estimated that the full year cost to the Exchequer of the artists relief for the tax year 2000-01 was €36.8 million.

The specific information requested by the Deputy on relief granted to each person is not readily available. However, a breakdown of the number of claimants by reference to ranges of the income which was tax exempted is set out in the following table. A married couple who has elected or has been deemed to have elected for joint assessment is counted as one tax unit.

Numbers of persons claiming the artists exemption and the income subject to the exemption in the short tax year 2001:

Range of Income

Number of Claimants

Income Subject to Exemption

5,000 or less

446

916,555

5,001-10,000

248

1,796,686

10,001-50,000

456

9,867,796

50,001-100,000

75

5,411,767

100,001-200,000

39

5,298,712

200,001-500,000

31

10,092,434

500,001-10,000,000

28

46,631,246

Total

1,323

80,015,197

Budget Submissions.

Richard Bruton

Question:

239 Mr. R. Bruton asked the Minister for Finance if he has received a submission from a company (details supplied) regarding a staggered excise rate; and if he has assessed the feasibility of this proposal. [30220/04]

A pre-budget submission from the persons in question has been received. This submission, as with all other pre-budget submissions, is being considered in the context of preparations for the forthcoming budget and Finance Bill.

Decentralisation Programme.

Billy Timmins

Question:

240 Mr. Timmins asked the Minister for Finance, further to Question No. 214 of 17 November 2004, if he will provide a reply to same. [30243/04]

In my reply to Question No. 214 on 17 November 2004 I set out the range of factors that were taken into account and measured against each other in selecting locations for all the new decentralised offices. The then Minister for Finance first announced the Government's intention to embark on a new decentralisation programme in the 2000 budget. Following that announcement, the Department of Finance received representations, submissions and inquiries on behalf of more than 130 centres throughout the country, including Wicklow, seeking to be included in the programme. In addition there were meetings at official level between the Department of Finance and other Departments and with each of the Civil Service unions.

The strategic management initiative implementation group of Secretaries General provided advice, at the request of the Government. Heads of relevant Departments provided views, at the request of the Government, on the experience of their respective Departments with the previous programme of decentralisation. In addition, one major public service union provided advice, in response to an invitation from the then Minister, on the development of criteria for the programme.

All of the material, together with the factors set out in reply to Question No. 214 of 17 November 2004, were taken into account prior to the announcement of the new programme in December 2004.

Question No. 241 answered with QuestionNo. 237.

Price Inflation.

Bernard J. Durkan

Question:

242 Mr. Durkan asked the Minister for Finance the cost increases deemed most likely to militate against consumer confidence in the economy here with particular reference to the need to maintain Ireland as an attractive investment location; and if he will make a statement on the matter. [30281/04]

I am conscious of the need to maintain and improve Ireland's competitive position to ensure the continuation of strong output and employment growth in the future. Ireland is a highly open economy, and we must remain competitive to continue to attract investment and to allow continued export growth. On an EU harmonised basis, Irish inflation fell below the euro area average earlier this year and remains close to, but just slightly above the euro area average. The Government's anti-inflation strategy has contributed to this and the Government will remain focused, through the partnership process, on securing low inflation and responsible wage growth in the economy, thereby helping to secure Ireland's competitiveness and future prosperity.

For the year as a whole, my Department, in its annual economic review and outlook published in August, projected that inflation as measured by annual changes in the consumer price index would average 2.2% this year. This would be the lowest rate of increase since 1999. I note that the IIB-ESRI consumer sentiment index has improved steadily over the course of this year and is now at its highest level since mid-2001.

Question No. 243 answered with QuestionNo. 96.

National Development Plan.

Bernard J. Durkan

Question:

244 Mr. Durkan asked the Minister for Finance which Departments are on target in respect of spending in the context of the national development plan; those that are not; and if he will make a statement on the matter. [30283/04]

The national development plan consists of seven operational programmes, three national economic and social infrastructure operational programmes, productive sector operational programmes, and the employment and human resource development operational programmes, two regional operational programmes, a joint programme with Northern Ireland, PEACE II operational programme and a technical assistance operational programme. In total, over 270 distinct measures are implemented by Departments and agencies. With the exception of the Departments of the Taoiseach, Foreign Affairs and Defence, all Departments are engaged to varying degrees in the implementation of specific measures of the national development plan.

Monitoring of progress of operational programmes and measure level is undertaken primarily by programme monitoring committees which meet twice yearly for each operational programme. Implementation of the national development plan is not monitored by monitoring committees at Department level, given the range of measures a Department or its agencies are delivering. Progress reports relating to the first half of 2004 have recently been reviewed by the monitoring committees. These reports show that spending for 2004 at operational programme level is broadly on target at mid-year.

It is estimated that around €31 billion or some 87% of the profiled expenditure for the period of the national development plan from January 2000 to June 2004 has been incurred. The regional breakdown of this expenditure is €8.3 billion for the BMW region and €22.8 billion for the southern and eastern regions, representing 75% and 92% of profiled expenditure for each region respectively. With respect to the operational programmes, the economic and social infrastructure operational programme is performing well with expenditure ahead of target at mid-year. Expenditure on the employment and human resource development operational programme has achieved 92% of profiled expenditure by mid-year and is on course to meet its full year target.

Due to changes in the nature of the interventions supported by the productive sector operational programmes, performance over the period of the national development plan appears disappointing at just over 46% of profiled expenditure. However, the level of expenditure profiled for this operational programme at the beginning of the national development plan proved to be unrealistically high given the nature of industrial development in recent years.

Both regional programmes have begun to perform well with evidence of catch-up occurring across a range of measures. Difficulties still exist in the tourism and agricultural sectors where demand for grant support has been less than anticipated. The performance at the end of June 2004 for the non-national roads, microenterprise and child care measures are ahead of projections. The PEACE and technical assistance operational programmes are on track to meet their targets by the end of the year.

Disabled Drivers.

Bernard J. Durkan

Question:

245 Mr. Durkan asked the Minister for Finance if an evaluation has been done with a view to a determination of the precise number of disabled passengers and disabled drivers likely to benefit from a liberalisation of the regulation of the disabled drivers and disabled passengers regulations 1994; when he will initiate improvements in this area; and if he will make a statement on the matter. [30284/04]

In the report of the interdepartmental review group, established to examine the operation of the disabled drivers and disabled passengers tax concessions scheme, reference was made to a move away from qualification for the scheme being determined by specified medical criteria in favour of an approach addressing mobility difficulties. However, the report also stated that on the basis of figures received from reports from representative organisations who made submissions to the review group there could be as many as 92,000 people who consider that they should be admitted to the scheme either in its present form or in a revised format. The Government has agreed that I will consider the report on an ongoing basis in the overall budgetary context having regard to the existing and prospective cost of the scheme.

Tax Code.

Bernard J. Durkan

Question:

246 Mr. Durkan asked the Minister for Finance if he will consider a reduction in stamp duty with a view to alleviating part of the financial burden for first-time house buyers; and if he will make a statement on the matter. [30285/04]

Stamp duty is a significant contributor to the Exchequer which helps to fund Government spending on public services such as health and education. Stamp duty receipts also allow for a broader tax base than would otherwise be possible. All owner-occupiers are generally exempt from stamp duty on new houses where the property is 125 sq. m. or less. First-time buyers are also exempt from stamp duty on second hand houses up to the value of €190,500 and benefit, thereafter, from reduced rates on second hand properties up to €381,000 when compared to other purchasers. It is not the practice to comment in the lead up to the annual budget and Finance Bill on the intention, or otherwise, to make changes in taxation.

Flood Relief.

Bernard J. Durkan

Question:

247 Mr. Durkan asked the Minister for Finance the extent to which requests for funding for the alleviation of flooding at various locations throughout the country have been complied with; and if he will make a statement on the matter. [30286/04]

The Government is committed to a strategic flood management policy. In October, the Government approved the recommendations of the flood policy review group. This confirms the lead role of the Office of Public Works in taking a strategic approach to flood management in the future and working in co-operation with the relevant local authorities. The programme of flood relief schemes will be implemented as resources permit in the context of an integrated, long-term strategy on flood management. The strategy calls for considerable emphasis on non-structural flood management measures such as flood warning systems, flood mapping, guidelines on development and formulation of catchment flood risk management plans to foster a catchment-based approach to flood management. Account will be taken of the need to prioritise expenditure in the areas of greatest need and to be mindful of the implications of climate change.

While work has continued on the River Nore in County Kilkenny and River Tolka schemes, the Office of Public Works has conducted feasibility studies to assess flood risk and to develop flood alleviation schemes in several areas throughout the country prone to flooding. These studies have been undertaken either by the Office of Public Works engineering services or through external consultants and include such areas as Clonmel, County Tipperary, Mallow and Fermoy, County Cork, Waterford city, Carlow town, Mornington, County Meath, and Ennis, County Clare. Other areas include Enniscorthy, County Wexford, Templemore, County Tipperary, Arklow, County Wicklow, Piltown, County Kilkenny, and Tullow, County Carlow. Feasibility and pre-feasibility studies will be completed for these areas.

The Office of Public Works continues to work closely with local authorities in the development and implementation of flood relief schemes. In the likelihood that further requests for flood relief studies will be made from various local authorities following the recent floods, they will be considered by the Office of Public Works under new prioritisation criteria being developed for all flood relief works, as recommended by the flood policy review group.

Garda Stations.

Bernard J. Durkan

Question:

248 Mr. Durkan asked the Minister for Finance the position in regard to the provision of the promised new Garda station at Leixlip, County Kildare; the progress made in this regard on an annual basis since 1996; the remaining obstacles to the provision of this facility; and if he will make a statement on the matter. [30287/04]

A revised brief was received from the Department of Justice, Equality and Law Reform which has increased the scale of the Garda station. Negotiations are nearing completion with Kildare County Council for the acquisition by the Commissioners of Public Works of an additional portion of land required for the development. On completion of these negotiations a revised sketch scheme will be issued to the Department of Justice, Equality and Law Reform for approval.

Price Inflation.

Bernard J. Durkan

Question:

249 Mr. Durkan asked the Minister for Finance if he has identified the most likely causes of price increases in respect of goods or services which are most likely to impact negatively on the economy but which are not reflected in the consumer price index; and if he will make a statement on the matter. [30288/04]

The director general of the Central Statistics Office has sole responsibility for and is independent in deciding the statistical methodology and professional standards to be used in compiling the consumer price index. The latest consumer price index release shows that the annual rate of inflation in October was 2.7%. As a result, inflation has averaged just 2.1% in the first ten months of this year, compared to an average of 3.8% in the same period last year. My Department's forecast for consumer price index inflation in 2004, published in the economic review and outlook in August, is 2.2%. This represents a significant moderation from the 3.5% rate of increase in 2003. This moderation in the rate of inflation is welcome.

Social Insurance.

David Stanton

Question:

250 Mr. Stanton asked the Minister for Finance, further to Question No. 200 of 17 November 2004, the reason the annual surplus on the social insurance fund fell from €631 million in 2001 to €422 million in 2002 and to €255 million in 2003; and if he will make a statement on the matter. [30318/04]

The extent to which the annual income of the social insurance fund is not required to meet benefit payments and administration costs in that year represents the annual surplus of the fund. The annual income and expenditure on the social insurance fund in the period from 2001 to 2003 is set out in the following table.

SIF Income — M

% Increase on previous year

SIF expenditure — M

% increase on previous year

Annual Surplus — M

2001

4307

3676

631

2002

4,798

11.4

4,376

19.1

422

2003

5,088

6.1

4,833

10.5

255

Over the period, the annual increases in expenditure exceeded the increase in income, hence the decline in the level of the annual surplus. Several factors gave rise to this situation.

Apart from changes in the level of insurable employment and earnings, several alterations in the rates and structure of PRSI occurred over this period. In December 2000, there was a 0.7% reduction in the employer rate of PRSI. In April 2001, employee PRSI rates were reduced by0.5%. The employer and self-employed contribution ceiling were also abolished that year. In March 2002, there was a further reduction of 1.25% in the highest employer PRSI rate. All these changes, given the timing of their implementation, would have a part-year impact in their first year and a full year impact in subsequent years on the fund's income.

The cost of the annual social welfare budget packages gave rise to year on year increases in expenditure. As with income above, there will also be relevant timing factors. The 2002 and 2003 budget increases were applied with effect from January and accordingly, the full year impact is set out in those years. However, the 2001 budget increases came into effect in April of that year and accordingly, the 2001 financial year contained only a part year cost of those increases. The full year cost of the 2001 budget rates increases were not fully reflected until the following 2002 financial year. In addition, there was an increase in the number of people claiming benefits over the period. For example, those recipients claiming unemployment benefit increased over the period in question from around 59,900 in 2001 to 70,100 in 2003, and there was also an increasing number of people entitled to a contributory social welfare pension, invalidity pension and disability benefit.

Fishing Industry Development.

Michael Ring

Question:

251 Mr. Ring asked the Minister for Communications, Marine and Natural Resources his proposals for a buy-out for drift and draft net fishermen; his proposals for a set-aside; his proposals to compensate these persons for the loss of their quota; and if he will make a statement on the matter. [29732/04]

The Government has consistently ruled out buy-out as an effective means of achieving the restoration of salmon stocks and instead promoted the application of quotas on commercial fishing and bag limits on angling to achieve catch reductions as the best instrument available to achieve this objective. No convincing case has been advanced as to the public good that would be acquired by the State in the context of a publicly funded buy-out nor why stakeholders, benefiting from increased numbers of salmon entering the rivers, should not contribute in whole or in part towards achieving that increase.

As a result, I have no plans to introduce proposals to purchase commercial salmon fishing licences. I am prepared, however, to keep the matter under review and am open to any relevant proposals whereby stakeholders benefiting from any reduction in commercial catch might fund in whole or in part any compensation arising. In recent years the Department has supported a number of catchment-based set-aside schemes with matching funds through the regional fisheries boards. The Department is prepared to continue to support such proposals, subject to available Exchequer funding. The only context for set-aside schemes will still be through an agreed local scheme involving commercial fishermen and all other stakeholders who stand to benefit from increased spawning escapement. Should a regional fisheries board bring forward developed proposals for a local catchment-based set-aside scheme, the Department is prepared to consider such a proposal provided that any matching funds required would come from within the existing allocations to the fisheries boards.

Post Office Network.

Ned O'Keeffe

Question:

252 Mr. N. O’Keeffe asked the Minister for Communications, Marine and Natural Resources if measures will be put in place to computerise rural post offices. [29967/04]

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 strongly 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 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 Post Point 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. Up to 1,000 automated offices transact 95% of counter business while 475 non-automated offices undertake 5% of business. This 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 grounds 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 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 office 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 Post Point network.

Fishing Industry Development.

Martin Brady

Question:

253 Mr. M. Brady asked the Minister for Communications, Marine and Natural Resources the financial assistance available to fishermen for setting up local fishing co-operative societies. [30166/04]

No financial assistance is available for the setting up of local fishermen's co-operative societies. However, support is available for existing co-operative societies from Bord Iascaigh Mhara, under such measures as the supporting measure programme, the market investment programme and fish handling grants. I will arrange for further information to be forwarded to the Deputy in respect of these measures. Information is also available on the Bord Iascaigh Mhara website.

Fisheries Protection.

Martin Brady

Question:

254 Mr. M. Brady asked the Minister for Communications, Marine and Natural Resources if it is illegal to kill pike taken from lakes and rivers; and if so, the number of prosecutions. [30167/04]

Under the Fisheries Acts, it is not illegal to kill pike taken from lakes and rivers. The conservation of pike by-law No. 667 of 1990 however prohibits the taking or killing by any person of more than one pike on any day and the taking or killing by any person of any pike exceeding 3 kg. This by-law also prohibits a person having in his or her possession more than one dead whole pike or, alternatively, more than 1.5 kg in weight of pike flesh or parts. Separate by-laws, Nos. 466 and 467 of 1949, in the Shannon region, permit nets to be used for the capture of coarse fish, including pike, in Lough Ree and certain other lakes of the Shannon system during a limited period each year.

Under the Fisheries Acts, primary responsibility for the conservation and protection of inland fisheries stocks rests with the central and regional fisheries boards. It has not been possible to collate from the boards the information sought on the number of prosecutions initiated by the boards under these by-laws. I have however asked the chief executive officer of the central fisheries board to gather this information and to forward it directly to the Deputy.

Communications Masts.

Martin Brady

Question:

255 Mr. M. Brady asked the Minister for Communications, Marine and Natural Resources if there is medical evidence that mobile telephone masts are injurious to health. [30168/04]

There is no scientific medical evidence that mobile telephone masts are injurious to health.

In recent years, more than 25,000 peer-reviewed studies into possible health effects of non-ionising radiation and the class of electromagnetic emissions associated with mobile phone technology have been published. No definite causal link has been proven between the emissions and any adverse health effect.

Notwithstanding the overwhelmingly clean bill of health given to these technologies compared to other environmental risks which our society willingly accepts, many countries, including Ireland, have adopted a precautionary approach. Absence of proof of harm is not proof of absence of harm. By consensus among many countries, guidelines are established for safe levels of exposure to various kinds of electromagnetic emissions. These guidelines are set at levels which are many times less than the experimental levels at which no adverse effects have been established. Ireland has adopted the guidelines established by the international commission on non-ionising radiation protection, and participates in the work of the international committee on electromagnetic safety, which sets standards in this area.

All licensed telecommunications operators in Ireland are required by the terms of their licences to observe the international commission on non-ionising radiation protection guidelines for limiting exposure of the public to electromagnetic emissions from their facilities. ComReg conducts audit measurements to verify compliance with these limits. Ireland maintains relevant activity to ensure that public authorities have access to the most up-to-date and relevant information in this area, and steps have been taken to ensure that these masts operate within limits which respected international bodies have deemed to provide protection for the public.

Energy Resources.

Ciarán Cuffe

Question:

256 Mr. Cuffe asked the Minister for Communications, Marine and Natural Resources if he has an estimate of the total peat resources remaining in the State; and if he will make a statement on the matter. [30202/04]

Under the Turf Development Acts, Bord na Móna plc is charged with the management, development and working of the bogs and other lands vested in the company. Bord na Móna plc owns approximately 7% of the total peatland in Ireland. The estimated reserves of peat for energy in the ownership of the company is calculated at 45 million tonnes. Neither my Department nor Bord na Móna plc is in a position to provide estimates of peat reserves in areas not in Bord na Móna ownership.

Telecommunications Services.

Jack Wall

Question:

257 Mr. Wall asked the Minister for Communications, Marine and Natural Resources the reason a person (details supplied) in County Laois cannot be connected to broadband; and if he will make a statement on the matter. [30254/04]

The provision of broadband is a matter for the private sector companies operating in a fully liberalised market, regulated by ComReg. Several companies are marketing broadband services in the Athy area. Broadband can be delivered by a number of technologies, including DSL, fibre optic cable, coaxial cable, fixed wireless links and satellite. My Department's website, www.broadband.gov.ie, lists nine companies offering DSL services and five companies offering satellite broadband services in Athy.

Electricity Generation.

Bernard J. Durkan

Question:

258 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources his policy in regard to wind generated electricity; if he has issued directives to the energy regulator or received communications therefrom in this regard; and if he will make a statement on the matter. [30276/04]

The promotion of renewable energy, of which wind energy is the predominant technology, is a key priority of the Government. The 1999 Green Paper on sustainable energy established a target to add 500 MW of new renewable energy based electricity generating plant to the electricity network by 2005. This target has since increased to 718 MW.

The wind resource is random and cannot increase or decrease the electricity generated in immediate response to consumer demand. The current support target for wind powered projects does not raise serious technical issues for system stability. However, planning for future programmes at increased penetration levels of wind powered electricity generating plant does raise significant technical issues which must be addressed in order to maintain system security for electricity consumers. The Commission for Energy Regulation, which is independent in the discharge of its functions, is examining issues of immediate relevance regarding the grid code for wind powered generators. In May 2004, a renewable energy development group, chaired by my Department, was established. The group, which includes CER participation, will advise on future options on policies, targets, programmes and support measures to develop the increased use of renewable energy in the electricity market to 2010 and beyond.

A major portion of the group's work is to resolve the challenges arising from future increased connection of intermittent wind powered generating capacity to the electricity network. The group's report, due before the end of 2004, will form the basis of my future policy decisions in this area.

Telecommunications Services.

Damien English

Question:

259 Mr. English asked the Minister for Communications, Marine and Natural Resources when a person (details supplied) in County Meath will receive a telephone connection; the reason it is taking so long; and if he will make a statement on the matter. [30314/04]

I have no statutory function in this matter. It is an operational issue for the service provider concerned. Responsibility for the regulation of the telecommunications service providers rests with the Commission for Communications Regulation which is an independent statutory body.

Human Rights Issues.

Enda Kenny

Question:

260 Mr. Kenny asked the Minister for Foreign Affairs if his attention has been drawn to the concern surrounding the detention of a person (details supplied) in Cuba; if he has raised this matter with the Cuban authorities; if the matter has been discussed at European Union level; and if he will make a statement on the matter. [29689/04]

Mr. Adolfo Fernandez Sainz, a journalist, is one of 75 members of the peaceful opposition in Cuba, including other journalists, writers and doctors arrested in March and April 2003 and sentenced to prison terms of up to 28 years after a summary legal process that did not meet internationally accepted standards. Mr. Sainz was sentenced to 15 years and remains in custody, although seven of the original 75 prisoners have since been released on health grounds. I am aware of serious concerns regarding the conditions in which he and other prisoners of conscience are detained and family visits.

The Government's concern regarding the detention and sentencing of these dissidents, including Mr. Sainz, was conveyed at the time to the Cuban chargé d'affaires at a meeting in the Department of Foreign Affairs. On 5 June 2003, Ireland and its partners in the European Union decided to respond to the grave violation of international human rights standards involved by a range of measures including limiting bilateral high level governmental visits to Cuba and inviting dissidents to national day receptions offered by those EU member states with resident embassies in Havana. These measures remain in force and the position of the dissident prisoners has been discussed on a regular basis in the Council framework. On 14 June 2004, during the Irish Presidency of the EU, the General Affairs and External Relations Council again called on the Cuban Government to release immediately all those, like Mr. Sainz, who have been detained for political reasons. The General Affairs and External Relations Council also reiterated that constructive engagement remains the basis of the EU's policy towards Cuba.

I hope that the Cuban authorities will now move to release Mr. Sainz and all other prisoners of conscience in Cuba. Such a move, which is imperative on human rights grounds, would also make a significant contribution to the resumption of a full dialogue between the EU and Cuba.

State Visits.

Ciarán Cuffe

Question:

261 Mr. Cuffe asked the Minister for Foreign Affairs if his attention has been drawn to the fact that according to the Irish Falun Dafa Association, a person (details supplied) due to make an official visit here in November 2004, took part in the persecution of Falun Dafa practitioners in China; and if he will make a statement on the matter. [29710/04]

Ciarán Cuffe

Question:

262 Mr. Cuffe asked the Minister for Foreign Affairs if he will be raising the persecution of persons (details supplied) with the Chinese Vice-Premier when he comes here in November 2004; and if he will make a statement on the matter. [29711/04]

Ciarán Cuffe

Question:

263 Mr. Cuffe asked the Minister for Foreign Affairs if he will be raising human rights violations in China with the Chinese Vice-Premier during his upcoming visit here; and if he will make a statement on the matter. [29712/04]

I propose to take Questions Nos. 261 to 263, inclusive, together.

The Tánaiste and I held official talks with the Chinese Vice-Premier, Mr. Huang Ju, in Dublin Castle, on 16 November 2004. During our discussion on EU-China relations, I raised our concerns over human rights with the vice-premier. I also recalled that a number of specific issues were being addressed through the EU-China human rights dialogue and that the Government looked forward to continued progress in this regard.

The Chinese Vice-Premier informed me of the measures his Government is taking in the field of human rights, which included the addition of an express provision on human rights to China's constitution earlier this year. He stated that China wished to continue the regular EU-China human rights dialogues and confirmed that China would attend the next session of that dialogue, due to be held in February 2005. China has recently upgraded its presence in the EU-China human rights dialogue to director-general level.

The EU-China human rights dialogue, established in 1996, is the agreed formal framework through which the EU raises its concerns about individual human rights cases, including those of Falun Dafa practitioners, and more general issues, such as the protection of freedom of religion and expression, which have a particular impact on practitioners of Falun Dafa. Ireland, together with our EU partners, will continue to encourage the Chinese authorities to respect fully the human rights of all citizens. There will be further discussion of these matters during the EU-China summit, scheduled to take place in The Hague on 8 December 2004. I am aware of the claims made by the Irish Falun Dafa Association to which the Deputy refers.

Asylum Applications.

Michael D. Higgins

Question:

264 Mr. M. Higgins asked the Minister for Foreign Affairs if he has discussed with the Department of Justice, Equality and Law Reform, the advice given by the UN High Commissioner for Refugees regarding the way in which protection is to be provided to Iraqi asylum seekers including those who have been rejected. [29784/04]

I am aware of the advice of the UN High Commissioner for Refugees on the return of Iraqi asylum seekers. Asylum applications are assessed within an independent statutory framework. The advice of the UN High Commissioner for Refugees on returns forms an important part of the assessment of cases. In the circumstances, I have not felt it necessary to discuss this matter with the Minister for Justice, Equality and Law Reform.

Arms Trade.

Paul McGrath

Question:

265 Mr. P. McGrath asked the Minister for Foreign Affairs his views on the embargo on the sale of arms by the EU to other countries; and the countries to which this embargo applies. [30178/04]

Paul McGrath

Question:

267 Mr. P. McGrath asked the Minister for Foreign Affairs the future proposals for the lifting of the embargo on the sale of arms by the EU; the criteria that he would promote in assessing if this embargo should be lifted for particular countries; and if he will make a statement on the matter. [30180/04]

I propose to take Questions Nos. 265 and 267 together.

Sanctions or restrictive measures, including arms embargoes, are used by the European Union as a policy instrument, either as autonomous EU sanctions or in implementing certain resolutions of the UN Security Council. As a coercive non-military instrument, sanctions are generally employed to react to violations of international law, violations of human rights and policies that do not respect the rule of law and democratic principles.

EU arms embargoes are in place against Bosnia and Herzegovina, Burma-Myanmar, China, the Democratic Republic of Congo, formerly Zaire, Iraq, Liberia, Sierra Leone, Somalia, Sudan and Zimbabwe. This list is publicly available on the EU's official website. The EU revises its list of sanctions and other restrictive measures against third countries, including arms embargoes, on a case by case basis, when it judges it appropriate to do so. In such cases, the EU takes into consideration all developments in a particular country since the arms embargo was imposed and decides whether these would warrant the lifting of sanctions against that country.

For example, the General Affairs and External Relations Council, on 11 October 2004, took the decision to lift the EU arms embargo against Libya, which had been in place since 1986. In that context, the Council took into particular consideration Libya's announcement on 19 December 2003 that it would dismantle weapons of mass destruction programmes and the settlement reached in Tripoli on 3 September 2004 on compensation for dependants of victims of the 1986 Berlin discothèque attack. The Council saw these developments as further proof of Libya's readiness to change its past policies and of its commitment to responsible government. The question of whether to lift the EU arms embargo against China is under consideration within the EU. In this regard, I draw the Deputy's attention to my written reply of 19 October to Question No. 211.

Paul McGrath

Question:

266 Mr. P. McGrath asked the Minister for Foreign Affairs if the EU Council of Ministers and the European Commission discussed the embargo on the sale of arms to Libya; if it was agreed to lift this embargo; the date this decision came into effect; and the position adopted by him on this important issue. [30179/04]

The General Affairs and External Relations Council discussed the issue of the EU embargo on arms sales to Libya at its meeting on 11 October, and decided to lift the embargo. Ireland agreed with our partners that it was important to recognise Libya's decision to dismantle its weapons of mass destruction programmes and its agreement to compensate victims of a number of terrorist attacks in which Libya had been implicated. The EU arms embargo came to an end on 14 October. Arms sales to Libya continue to be covered by the EU code of practice on arms sales.

Question No. 267 answered with QuestionNo. 265.

Foreign Conflicts.

John Gormley

Question:

268 Mr. Gormley asked the Minister for Foreign Affairs if he will make representations to the US Government regarding the killing of an unarmed Iraqi in Falluja by an American soldier which was broadcast by American networks and was in total contravention of the Geneva Convention; and if he will make a statement on the matter. [30181/04]

The US authorities have already announced an investigation into the circumstances of the incident in question, and the soldier involved has been withdrawn from the area. In these circumstances, it is not necessary to make representations to that effect. I expect the US authorities to ensure that its forces operate at all times in conformity with international law.

Aengus Ó Snodaigh

Question:

269 Aengus Ó Snodaigh asked the Minister for Foreign Affairs if he has carried out any form of review of his decision to allow Shannon Airport to be used as a staging post by US military forces for the war in Iraq; if not, if he will consider initiating a review particularly in view of the refusal of these same US forces to allow emergency humanitarian aid into the devastated city of Falluja to relieve the civilian population. [30308/04]

The use of Shannon airport by the US military is a long-standing practice which has been in place for several decades. On 20 March 2003, following an extensive debate, the Government decision to maintain the availability of these facilities was approved by Dáil Éireann. The US forces serving in Iraq are part of the multinational force operating at the request of the interim Iraqi Government. The presence of the multinational force in Iraq was authorised by the UN Security Council in Resolution 1511 of 16 October 2003. This authorisation has been reaffirmed in Resolution 1546 of 8 June 2004. I expect the multinational force and the interim Iraqi Government operating in Falluja to do whatever is possible to allow the humanitarian needs of the people of Falluja to be addressed.

EU Funding.

Martin Ferris

Question:

270 Mr. Ferris asked the Minister for Arts, Sport and Tourism if Tourism Ireland has received funding from the EU; and if so, the way in which it was spent. [29930/04]

Tourism Ireland has not received funding from the EU.

Arts Funding.

Ciarán Cuffe

Question:

271 Mr. Cuffe asked the Minister for Arts, Sport and Tourism if he has plans to provide multi-annual funding for the arts. [30209/04]

The allocation of funding on a multi-annual basis is not compatible with the existing Estimates system, which operates on an annual cycle. It is, therefore, not possible to provide funding on the basis suggested by the Deputy.

Film Industry Development.

Jack Wall

Question:

272 Mr. Wall asked the Minister for Arts, Sport and Tourism the number of meetings he has had with Screen Producers Ireland about film production, television production and television advertising of an international or national nature; the results of such meetings; and if he will make a statement on the matter. [30245/04]

Television production and advertising fall outside of my remit. With regard to film production, I and my officials maintain contact with the industry at a number of levels, of which formal meetings are only a small part. I formally met Screen Producers Ireland, formerly known as Film Makers Ireland, on two occasions and am scheduled to meet with it again in January 2005. I and my officials meet individual practitioners from the industry on an ongoing basis, both formally and informally. These meetings serve to keep me and my officials abreast of the issues that concern the industry, of their perspectives on policy matters, and of their views on the most appropriate way forward.

Anti-Competitive Practices.

Martin Brady

Question:

273 Mr. M. Brady asked the Minister for Enterprise, Trade and Employment the steps being taken to tackle car price fixing in cases in which dealers are operating a cartel. [30151/04]

The Competition Act 2002 prohibits anti-competitive practices such as price fixing and the abuse of a dominant position. The Competition Authority, an independent body, is responsible for the enforcement of competition law in the State. Accordingly, anyone with information regarding anti-competitive practices should refer the matter directly to the authority for investigation. The authority is investigating the car retail industry and recent media reports indicate that it has raided various dealers in that regard.

Job Creation.

Michael Moynihan

Question:

274 Mr. M. Moynihan asked the Minister for Enterprise, Trade and Employment if he has plans to target industry and enterprise to rural Ireland and smaller towns by offering financial incentives to do so. [29178/04]

Support for job creation and investment on a regional or local basis is a day-to-day operational matter for the industrial development agencies. The agencies are actively promoting all areas for new investment and jobs on an ongoing basis. IDA Ireland is actively marketing individual areas as a location for additional foreign direct investment through its network of local and overseas offices. Enterprise Ireland is concentrating on the development of indigenous industries, with the 35 city and county enterprise boards having primary responsibility for the regional promotion of indigenous industry in the microenterprise sector. Shannon Development promotes the development of the indigenous industry sector in the Shannon region on behalf of Enterprise Ireland and foreign direct investment in the Shannon free zone. All agencies are also working with existing clients with a view to helping them expand their activities.

In tandem with the Government's national spatial strategy, with its associated gateways and hubs, all the development agencies are working with State agencies and others to enhance the attractiveness of individual regions. The strategy provides an important framework for the achievement of this objective through the prioritisation of infrastructural development in the gateway and hub locations and the development of magnets of attraction for investment.

The county enterprise boards are actively co-operating with the south and east and Border midlands and west regional authorities in developing indigenous microenterprises throughout the regions. A particular advantage of the county enterprise board system is that it delivers dispersed economic development throughout the State. Over 30,000 jobs have been created in indigenous companies supported by the boards since their establishment in 1993. Enterprise Ireland offers a wide range of supports to indigenous industry, both financial and non-financial. These contain higher aid levels for enterprises in the regions.

Dinny McGinley

Question:

275 Mr. McGinley asked the Minister for Enterprise, Trade and Employment the number of IDA supported jobs that were created in Donegal in 2001, 2002, 2003 and to date in 2004, respectively; the locations in which they were created; and if he will make a statement on the matter. [29829/04]

IDA Ireland is the agency with statutory responsibility for the attraction of foreign direct investment to Ireland, including its regions and areas. There were 673 new IDA Ireland supported jobs created in Donegal in the period 2001 to 2003, of which 353 were created in 2001, 179 were created in 2002 and 141 were created in 2003. These data are compiled from the annual Forfás employment survey. County data for 2004 will not be available until mid-2005. These new jobs were created in County Donegal in the Letterkenny, Laghey, Buncrana and Donegal Town areas.

These results were achieved against a background of new challenges brought about by a combination of the recent global economic downturn, which resulted in less companies investing overseas and fewer visiting Ireland. Other factors included greatly increased pressures on high technology companies to cut costs and find the most competitive location for specific products, services and functions; the emergence of new alternative low cost locations for producing goods and services in eastern Europe, China, and India. I am confident that the strategies and policies being pursued by IDA Ireland in County Donegal, together with the ongoing commitment of Government to regional development, will continue to bear fruit in terms of delivering the maximum possible level of additional jobs for the county.

Unemployment Levels.

Dinny McGinley

Question:

276 Mr. McGinley asked the Minister for Enterprise, Trade and Employment if his attention has been drawn to the serious unemployment crisis in County Donegal; the reason the unemployment rate in the county is four times the national unemployment average; the measures he proposes to adopt to replace the thousands of jobs that have been lost there during the past number of years; and if he will make a statement on the matter. [29830/04]

I am conscious of the unemployment situation in County Donegal, particularly following the closure announcements by Unifi Ireland and Fruit of the Loom of their manufacturing plants there. Finding alternative employment for the workers affected is a priority for me and the State development agencies under the auspices of my Department.

IDA Ireland is committed to the development of the north-west region and continues to strive to secure new investment for Donegal. Both IDA Ireland and Enterprise Ireland work closely with their existing base of companies in the region. In its efforts to secure investment, IDA Ireland is working with Invest Northern Ireland, on a virtual cross-Border park which will involve joint marketing efforts and planned improved telecommunications infrastructure on a cross-Border basis. Construction of the Letterkenny business park has been completed and construction by Donegal County Council to extend Letterkenny ring road to this park is well advanced. Work has now been completed on the provision of a second 25,000 sq.ft. advance factory at the park and planning permission has been granted for a third advance facility. Planning permission has been obtained for a new facility at Ballyshannon and IDA has undertaken a significant amount of development work recently on the site. In addition to this, further land has been purchased in Buncrana and planning permission has been obtained for a 20,000 sq.ft. factory. IDA is working with a local private developer in the provision of advance space within this development.

Enterprise Ireland works with companies in County Donegal and in the north west to assist them grow their sales and exports and improve innovation in order that they can compete on world markets. Enterprise Ireland is encouraging these companies to adopt new technologies and to move up the value chain. Its range of supports includes strategy development, production and operations, marketing, human resources development, finance and research and development. In conjunction with the ongoing work of these agencies, other issues need also to be addressed to promote employment creation in the north west. These include the development of infrastructure in the area, in particular roads, water, electricity and gas supply, air access and broadband communications. Recent developments include the provision of funding for the Letterkenny water supply scheme, the approval of a feasibility study grant for the extension of the natural gas pipeline from Derry to Letterkenny and a number of major road improvements. The Government, along with the State development agencies, is committed to balanced regional development, particularly through the implementation of the national spatial strategy and the Government's decentralisation programme. The State development agencies will continue to work together to promote County Donegal, to attract investment and to foster job creation there.

Company Closures.

Paudge Connolly

Question:

277 Mr. Connolly asked the Minister for Enterprise, Trade and Employment his views on the closure of a company (details supplied) in County Monaghan with the loss of a total of 82 jobs; his proposals to replace these jobs; and if he will make a statement on the matter. [29938/04]

Enterprise Ireland has been working closely with Barford Meats Limited over the past 18 months, with a view to identifying outside investors who would bring much needed investment to the business. At Enterprise Ireland's urging, a business mentor was appointed in May 2003 to review the financial situation and provide strategic guidance to the company. Resulting from this involvement, the company embarked on a restructuring exercise in September 2004, whereby the various investors including Enterprise Ireland were bought out by the main promoter, Mr. Gene McGinn. This ensured the company was fully owned by Mr. McGinn. It was thought at the time that the restructured balance sheet would facilitate the survival of the business. Enterprise Ireland expects to meet with Mr. McGinn shortly to discuss the future situation regarding the company.

Enterprise Ireland believes there may be some potential investors interested in acquiring the assets and business of Barford Meats Limited. Enterprise Ireland will work with any new buyer and consider any new proposals to develop the business. Enterprise Ireland activity in job creation is focused on the retention and creation of new jobs in existing companies, and on the creation of new jobs by supporting entrepreneurs to set up high potential start-up companies. IDA Ireland is actively marketing County Monaghan on an ongoing basis as a location for foreign direct investment, through its network of overseas offices, in order to secure new investment and jobs for the area. Regional locations can suffer badly from the loss of one industry and substantial work is required to enhance such locations to make them more attractive and competitive. IDA Ireland is working closely with local authorities and third level colleges to deliver the best solution.

A representative from the FÁS office in Dundalk, together with a representative of the local enterprise service, met with the local shop steward and a member of the management of Barford Meats Limited. Approximately 34 members of the workforce were spoken to, and advised of the procedures to follow. A list of the current job vacancies in the area was supplied together with appropriate registration forms. Individual interviews are due to take place on 22, 23 and 29 November 2004, in the offices of the Department of Social and Family Affairs, Ardee Road, Carrickmacross, County Monaghan.

The live register figure for County Monaghan published by the Central Statistics Office for October 2004 is 2,271, a decrease of 276 from October 2003. The live register, though not an accurate measure for unemployment as it includes others in receipt of social welfare payments, is nonetheless a useful indicator of the economic situation in an area. The State agencies continue to make their best efforts to bring new investment and jobs to County Monaghan.

Industrial Development.

Olwyn Enright

Question:

278 Ms Enright asked the Minister for Enterprise, Trade and Employment if he has carried out an evaluation of the employment opportunities in the electronic engineering and microelectronics sector; if there has been a decline in employment in these sectors; and if he will make a statement on the matter. [29939/04]

Electronics and microelectronics is a sub-sector of the information communications technology sector, which was reviewed as part of the Forfás technology foresight report in 1999. Employment in Enterprise Ireland-supported companies classified as being sub-sectors of electronics and including microelectronics, fell by 5% to 12,600 between 2002 and 2003 and is expected to remain at this number for the remainder of 2004.

Employment and wealth creating opportunities for indigenous clients in electronics are under continuous review at Enterprise Ireland. To maximise the potential of companies in the electronics and microelectronics sector, Enterprise Ireland is focused on supporting activities, including the development of the export revenue stream of client companies, by structured direct engagements with the Enterprise Ireland network of overseas offices. Other activities include accelerating the competitiveness and technology development of key client companies; increasing the number of sub-supply companies with international reach and overseas presence, especially in Europe and the CEE; driving the development of proprietary products in sub-supply companies using the various Enterprise Ireland, research and development support and incentive programmes; driving the development of the photonics industry in Ireland in line with the agreed initiatives as set out in the Enterprise Ireland strategy for 2002-07.

This strategy includes supporting research and development from basic research through to commercialisation; encouraging the start up of photonics-based companies; exploitation of the technology in existing companies; facilitating collaboration across the sector; and branding Ireland as a centre of excellence in photonics. In Ireland, the photonics industry is still in its infancy, with approximately 12 indigenous pure play photonics companies, all Enterprise Ireland client companies, with a combined turnover of approximately €35 million in 2003. The strategy also aims to progress the implementation of the strategy and plan for the electronics sector, agreed by the Enterprise Ireland board in 2001. The strategy encompasses export development, scale, competitiveness, technology development, new business sectors such as photonics, regional development, infrastructure and funding.

IDA Ireland, through its information communications technology division, and network of overseas offices, is working to secure additional investment in Ireland from both new target companies, and its exiting client base, with a view to creating new employment opportunities within the sector. Employment in IDA supported overseas companies within the information communications technology sector over the last five years was 45,651 in 1999, 52,624 in 2000, 46,513 in 2001, 43,660 in 2002 and 41,459 in 2003. The recent global economic downturn impacted heavily on corporate information technology spending, and resulted in significant global job losses across the information communications technology sector. Job losses in Ireland's information communications technology sector were disproportionately lower than those experienced in other countries.

FÁS has not carried out a study of these sectors in recent times. The fourth report of the expert group on future skill needs, published in autumn 2003, included chapters on information communications technology skills and engineering skills. Information communications technology skills relate to both the hardware and software parts of the information communications technology sector including electronic engineering and microelectronics. The information communications technology sector has been a key focus of the expert group on future skills needs over recent years. The Government has responded positively to the reports of the group by increasing significantly the provision of computer and engineering courses within the third level sector, as well as a variety of activities in primary and second level schools through the information communications technology investment fund.

The expert group's 2003 report estimated that employment in the information communications technology sector would grow by 11% across the sector from 2004 to 2010. Microelectronics design is an area of high growth potential, and a significant source of potential demand for degree graduates in electronic engineering. Significant growth is expected in the international delivery of services over the Internet and mobile networks. Mixed trends are expected in electronic hardware and systems, with lower value added activities likely to continue to migrate out of Ireland. However, some areas of high-end manufacturing are expected to grow along with a variety of back-up, support and research and development activities. While employment in the information communications technology sector has fallen in recent years, Ireland has performed better than most in terms of restricting the impact of the global downturn on employment levels here.

Local Employment Service.

Jan O'Sullivan

Question:

279 Ms O’Sullivan asked the Minister for Enterprise, Trade and Employment when he expects the Clare local employment service to recommence operations; and if he will make a statement on the matter. [30171/04]

A review of the labour market needs of the Clare region, undertaken by FÁS in the context of the closure of Clare local employment service, recommended the establishment of a new service. In the light of this recommendation discussions took place between FÁS regional management in the mid-west and the board of management of Eirí Corca Baiscinn, an ADM funded group. The FÁS regional director for the area is reviewing a proposal received from Eirí Corca Baiscinn and discussions are ongoing between FÁS regional management and Eirí Corca Baiscinn regarding the details of the proposal.

Job Losses.

Brian O'Shea

Question:

280 Mr. O’Shea asked the Minister for Enterprise, Trade and Employment if, in view of recent job losses in the manufacturing sector in the Waterford constituency, he will set up a task force for the Waterford constituency to assess the situation in manufacturing industry and to make recommendations for the creation of new jobs and the preservation of existing jobs; and if he will make a statement on the matter. [30172/04]

While job losses have occurred in County Waterford in the indigenous manufacturing sector over the past year, such as Nypro and Waterford Crystal, employment in the indigenous sector has remained strong overall. In 2003 there were 5,907 people employed in Enterprise Ireland client companies. Over 90% of this figure are engaged in manufacturing activities, showing an increase of 4.8% in employment over the previous five years. This represents a strong position compared to the national trend in manufacturing industry. In this regard, I refer the Deputy to the Forfás employment survey 2003.

In terms of job creation, Enterprise Ireland activity is focused on the creation of new jobs through supporting entrepreneurs setting up new high potential start-up companies, the retention and creation of new jobs in existing companies and in enhancing the innovation capability of Ireland at a national and regional level through support of research in companies and third level institutions.

Since January 2003 Enterprise Ireland has approved over €7.5 million in direct support to companies in Waterford and paid over €6.5 million. These supports are designed to sustain existing businesses and support companies in developing their businesses. Enterprise Ireland also works with companies on competitiveness issues and under the Enterprise Ireland competitiveness fund 2003, which had a fund of €10 million, nine companies in Waterford were approved a total of approximately €1.3 million in support of projects.

As part of its regional development role, Enterprise Ireland works with other agencies in the county to develop the business infrastructure. Enterprise Ireland also works closely with the institutes of technology to encourage industry and third level partnerships in the regions in order to increase the level of technology used by Irish companies, helping them to add value to their products and services. Under this initiative Enterprise Ireland has approved over €1.4 million from the beginning of 2003 to date for such projects. Enterprise Ireland infrastructural projects include the community enterprise centres and incubation facilities in the colleges.

The development of community-based enterprise centres is a crucial part of the drive to create new regional enterprise through the provision of infrastructural facilities to support the establishment and expansion of microenterprises through local community participation. Enterprise Ireland provided over €1 million in funding in support of the development of community enterprise centres in County Waterford located in Waterford city, Dunhill, Cappoquin, Lismore and Portlaw. All the centres are now fully constructed, apart from the Portlaw centre, which is to be reviewed by a new local committee.

Enterprise Ireland has formed close links with Waterford Institute of Technology and other colleges in the region, such as the Institute of Technology Carlow and the Tipperary institute, in developing programmes that are likely to boost enterprise and business growth. Enterprise Ireland funds eligible participants to enable them to spend one year in developing their businesses with expertise from the colleges. Recruitment is now complete for the 2004-05 programme, for which 25 candidates have been selected, a number of whom are eligible for Enterprise Ireland support. Enterprise Ireland is a partner with Waterford Institute of Technology and the five rural county enterprise boards of the south east in the EnAct programme. EnAct is an innovative programme developed by the Waterford Institute of Technology through European funding provided under the innovative actions programme that aims to develop the management capabilities of microenterprises in the south east. Some 18 companies are participating on the programme and it will be completed by the end of December 2004.

There are no plans at present for the establishment of a task force for County Waterford. However, all of the key players, which might be involved in such a task force, meet on a regular basis as members of the city and county development boards and of the economic working groups of each board. Enterprise Ireland and IDA Ireland are available and willing to participate in any new initiative for the county. Net employment in IDA Ireland supported companies grew by 972 people in the period 2000 to 2003, which represented a 20.69% increase over that period. The main increase in employment came from companies such as AOL, IS, Sun Life, FS, Genzyme Pharmaceutical and Guhring Engineering and Construction. County Waterford is also increasing its proportion of employment in comparison to other counties in the south-east region and now accounts for 52% of all employment arising from overseas investment in the region.

As the gateway location for the south-east region, IDA Ireland is seeking to develop Waterford city as a first class location for overseas investment with the necessary infrastructure, skills availability and support services capable of attracting investment into County Waterford and the entire region. A key part of IDA Ireland strategy is to work with existing clients to continue to re-invest in their sites in the county. In addition, IDA Ireland is continuing to actively market its new business and technology park on 70 acres on the Cork Road through its network of overseas offices. Some 25,000 sq. ft. of high quality office space is available in the advance office building on the park. Private and IDA Ireland owned manufacturing space in the main industrial estate is also actively marketed as it becomes available. The State agencies are making every effort to bring new investment and employment opportunities to County Waterford.

Job Creation.

Michael Lowry

Question:

281 Mr. Lowry asked the Minister for Enterprise, Trade and Employment his views on whether there is an employment crisis in the mid-west region and in north County Tipperary in particular; his proposals for dealing with this crisis and for encouraging foreign and indigenous investment to promote job creation in north Tipperary; and if he will make a statement on the matter. [30217/04]

IDA Ireland has statutory responsibility for the attraction of foreign direct investment to the mid-west region, except for the Shannon Free Zone, which falls within the remit of Shannon Development. Shannon Development is also responsible for supporting indigenous enterprises in the mid-west region. The six city and county enterprise boards located in the region also help develop indigenous enterprise potential and stimulate economic activity at local level.

The total number of jobs in IDA Ireland and Shannon Development client companies for the three years 2001, 2002 and 2003 was 35,096, 31,848 and 30,805 respectively. While this shows a decline in overall employment, the agencies assisted in the creation of 2,468 new jobs in the region in 2001, 1,899 in 2002 and 1,719 in 2003. This performance must be seen against a background of a difficult external economic environment. The recent decision by Guidant Corporation to significantly expand its operation in Clonmel will have a positive benefit for the entire county.

Responsibility for the provision of industrial property solutions within the mid-west region lies with Shannon Development. IDA Ireland works closely with Shannon Development in the promotion and marketing of these tailored property solutions, throughout the mid-west. These include the National Technology Park in Limerick and the Tipperary technology park in Thurles, which is part of the Shannon development knowledge network. Five companies operate out of the Thurles technology park, four of which are based in the incubator InnovationWorks. These companies are involved in e-commerce, digital cinema, software development and health and safety. The customer services division of Cantrell and Cochrane also recently moved into a 5,000 sq. ft. unit, retaining 26 jobs in Thurles. Shannon Development has also initiated the establishment of a Thurles marketing group with representatives of Thurles Town Council, the Tipperary institute, Leader, the county enterprise board and Thurles Chamber of Commerce to promote the attractiveness of Thurles as an investment location.

The further development of the Tipperary technology park by Shannon Development will provide the focus for IDA Ireland's marketing effort in north County Tipperary. Through its strategic competitiveness programme, IDA Ireland is working with the existing base of companies in the mid-west region with a view to supporting them in broadening their activities in Ireland at a functional level. The objective is to deepen each company's embeddedness in Ireland through research and development, increased technology and by securing an European, Middle East and African or global mandate.

Although the primary focus on attracting foreign direct investment into the mid-west is on service related activity, manufacturing can still play an important role in the region as is evidenced by Taro Pharmaceutical's decision to locate in Roscrea. Shannon Development has acquired a 29 acre site in Roscrea to develop a business park. It is envisaged that the park will be attractive, because of its location adjacent to the N7 and to office, logistics and industrial enterprises. The main strategy behind the park is to capitalise on Roscrea's excellent central Ireland location for both foreign direct investment and indigenous industry or for companies that might wish to relocate to the less congested Shannon region. Planning permission has been received and external infrastructure works are in the process of being provided.

Shannon Development, in association with local authorities in the Shannon region, including north County Tipperary, is also spearheading the drive to bring high speed Internet access to towns in the region. Thurles, Nenagh, and Roscrea are scheduled as priority towns for phase two of the advanced broadband roll-out programme which should convey significant advantage on those towns, in terms of attracting foreign direct investment and indigenous industry.

Paul Kehoe

Question:

282 Mr. Kehoe asked the Minister for Enterprise, Trade and Employment the number of visits which IDA Ireland and Enterprise Ireland have made to a factory (details supplied) in County Wexford since it was built. [30253/04]

IDA Ireland which is the agency with statutory responsibility for the attraction of foreign direct investment, and Enterprise Ireland which is concentrating on indigenous industry, that they are actively marketing the factory to potential investors. A profile of the facility has been circulated to IDA Ireland's overseas offices informing them of its competitive rental rate in comparison to locations like County Dublin. There have been two site visits from potential overseas investors since completion of the advance factory facility two years ago. Enterprise Ireland has reported that the demand for factory space in the south east has been very slow over the past three years. The agency has brought three groups to view the facility over the past two years. Ultimately decisions regarding where to locate a project, including what areas to visit are taken by the investors.

Bernard J. Durkan

Question:

283 Mr. Durkan asked the Minister for Enterprise, Trade and Employment the Department which provides funding to FÁS whether directly or indirectly; if the said Department will provide sufficient funds to that body to facilitate the restoration of various schemes discontinued due to inadequacy of funding; and if he will make a statement on the matter. [30278/04]

There are three related employment schemes operated by FÁS to combat unemployment, namely the social economy programme, job initiative and community employment schemes. These programmes are funded by Exchequer and national training fund allocations provided by my Department. The allocation to all FÁS employment schemes in 2004 was €366 million of which €351 million was earmarked to provide 25,000 places on the three related programmes for the unemployed. This means there has been no reduction in the level of participation as compared with 2003.

The 2005 allocation for FÁS employment schemes is €382 million, an increase of 4.3% over 2004. Funding will be adequate to allow FÁS maintain existing levels of service on the three programmes at 25,000 places. The breakdown of funding between the various programmes will be an operational matter for FÁS. Decisions on the funding of individual projects within these programmes will also be taken by FÁS as part of its day-to-day operational responsibilities. In doing so it will observe the changes to the schemes I announced on 10 November and outlined in answer to Question No. 70 on Tuesday, 16 November 2004.

Proposed Legislation.

Seán Crowe

Question:

284 Mr. Crowe asked the Minister for Enterprise, Trade and Employment if a decision has been made on the trade union legislation being considered in his office; and the cause of the delay in bringing the proposed legislation to the Houses of the Oireachtas. [30306/04]

At present, there are no legislative proposals in my Department relating to trade unions.

Unemployment Levels.

Seán Crowe

Question:

285 Mr. Crowe asked the Minister for Enterprise, Trade and Employment if he accepts that employment figures for a number of housing estates in the Tallaght area where the clusters of long-term unemployed are unacceptable; and if he has any new initiatives to overcome unemployment in those areas. [30307/04]

Sustainable reductions in unemployment are a key priority in the Government's national employment action plan. My efforts, and those of the state agencies under the aegis of my Department, are directed towards this end. FÁS, through its three employment service offices, provides a vocational guidance and referral service to all jobseekers in the Tallaght area. To date, this year, 1,192 unemployed people have been referred to FÁS under this initiative.

In the case of the five high unemployment areas of Tallaght, Fettercairn, Brookfield, Jobstown and Kilinarden, FÁS is devoting concentrated resources to clients in these areas by placing them on top of the training course waiting lists. They are also given preference under the high supports process. FÁS has indicated that 16 clients a week from the five areas are interviewed and offered support. At present 64 clients are undergoing training or career guidance. As a further measure early school leavers in the seven schools in the area are contacted by FÁS and invited to attend a guidance interview to discuss training and employment opportunities.

Social Welfare Appeals.

Fergus O'Dowd

Question:

286 Mr. O’Dowd asked the Minister for Social and Family Affairs the number and category of appeals made to the superintendent community welfare officer in each county in the North Eastern Health Board area in the past five years; the numbers granted and refused and subsequently appealed to the chief appeals officer in the North Eastern Health Board; and if he will make a statement on the matter. [29737/04]

The supplementary welfare allowance scheme is administered by health boards on behalf of my Department. Within each board, the scheme is administered by a superintendent and community welfare officers. The role of the superintendent community welfare officer relates to the determination and review of claims and to the supervision of community welfare officers. Superintendent community welfare officers have no formal role in a health board's appeals process for this scheme. In instances where a person is dissatisfied with the outcome of his or her application for supplementary welfare allowance, he or she has the right to appeal the decision to the health board's appeals officer, usually a senior manager within the health board. With the exception of decisions relating to exceptional needs payments, which are issued at the discretion of each health board, a further appeal may be made to the chief appeals officer of the social welfare appeals office if the appellant is not satisfied with the outcome of their appeal to the health board's appeals office.

Statistics are not available in any health board area on the number or type of cases referred to individual superintendent community welfare officers for guidance and decision. Details of the number of supplementary welfare allowance appeals dealt with by the appeals officer in the North Eastern Health Board from 1999 to the end of September 2004 are set out in the following tables. Supplementary Welfare Allowance appeals in North Eastern Health Board 1999 to end September 2004. Breakdown by category is not available in respect of 1999 and 2000.

Granted

Refused

Total

1999

11

62

73

2000

9

90

99

Supplementary welfare appeals in North Eastern Health Board 2001.

Granted

Refused

Total

Back to School Clothing and Footwear Allowance

0

38

38

Rent Supplement

3

18

21

Mortgage Interest Supplement

0

14

14

Basic SWA

2

11

13

Exceptional / urgent needs payments

3

21

24

Diet Supplement

1

2

3

Total

9

104

113

Supplementary welfare appeals in North Eastern Health Board 2002.

Granted

Refused

Total

Back to School Clothing and Footwear Allowance

7

29

36

Rent Supplement

2

18

20

Mortgage Interest Supplement

0

7

7

Basic SWA

1

5

6

Exceptional / urgent needs payments

1

15

16

Diet Supplement

1

3

4

Total

12

82

94

Supplementary welfare appeals in North Eastern Health Board 2003.

Granted

Refused

Total

Back to School Clothing and Footwear Allowance

8

33

41

Rent Supplement

4

29

33

Mortgage Interest Supplement

1

4

5

Basic SWA

0

17

17

Exceptional / urgent needs payments

1

7

8

Diet Supplement

0

1

1

Total

14

91

105

Social Welfare Benefits.

Richard Bruton

Question:

287 Mr. R. Bruton asked the Minister for Social and Family Affairs the estimated cost of extending the free schemes from age 66 to age 65; and if such a move has been assessed as a policy option by him. [29679/04]

The household benefits package, which comprises the electricity-gas allowance, telephone allowance and television licence schemes, is generally available to people living permanently in the State, aged 66 years or over, who are in receipt of a social welfare type payment or who fulfil a means test.

The package is also available to carers and people with disabilities under the age of 66 who are in receipt of certain welfare-type payments. People aged over 70 years of age can qualify regardless of their income or household composition. Widows and widowers aged from 60 to 65 whose late spouses had been in receipt of the household benefit package retain that entitlement to ensure that households do not suffer a loss of entitlements following the death of a spouse. In the time available it has not been possible to cost the Deputy's proposal. This estimate will be communicated to him as soon as possible. A range of proposals has been made to extend the free schemes to other groups. These are kept under review in the context of the objectives of the scheme and budgetary resources.

Finian McGrath

Question:

288 Mr. F. McGrath asked the Minister for Social and Family Affairs if he will take action regarding the threshold on household income for retention of secondary benefits on back to work schemes; and if he will make a statement on the matter. [29720/04]

The back to work allowance scheme, which was introduced in September 1993, is part of my Department's programme of initiatives designed to assist long term unemployed people, lone parents and other social welfare recipients to return to the active labour force. There are two strands to the scheme, the back to work allowance for employees, and the back to work enterprise allowance for self employment. Participants retain a tapered rate of their qualifying payment over three years, or four years if taking up self employment. They also retain any secondary benefits they were in receipt of prior to participation, subject to, in some instances, the gross household income level remaining under €317.43 per week. Gross household income includes spouse-partner's income but allows for PRSI and reasonable travel expenses. From 6 April 2000, back to work allowance payment and family income supplement are disregarded for the purposes of the €317.43 gross weekly household income limit. Participants on the back to work allowance scheme retain secondary benefits such as Christmas bonus and medical card regardless of earnings.

Fuel allowance, back to school clothing and footwear allowance and diet supplement, are subject to the €317.43 income limit. Rent or mortgage interest supplement is also subject to the limit, and is paid over a four year period with tapered rate of 75% in year one, 50% in year two, and 25% in years three and four. However, participants may opt to be assessed under the standard rules if it is financially more favourable.

I will continue to monitor the scheme to ensure that it continues to assist those furthest from the labour market to gain a foothold into sustainable employment or self employment. Any further changes to the above initiatives would have to be considered in the light of competing priorities and available resources.

Brendan Howlin

Question:

289 Mr. Howlin asked the Minister for Social and Family Affairs if current rules enable the award of rent subsidy to an elderly Irish citizen, currently residing in the UK, who is in poor health and has very limited means, if he or she returns here and secures private rented accommodation; and if he will make a statement on the matter. [29754/04]

The supplementary welfare allowance scheme, which is administered by health boards on behalf of my Department, provides for the payment of a weekly or monthly supplement in respect of rent to eligible people. Entitlement to rent supplement depends on a number of factors: (a) that applicants are habitually resident in the State; (b) they have a genuine housing need which cannot be provided from another source, and (c) they satisfy a means test. A person in the circumstances described by the Deputy would not be precluded from receiving rent supplement. The habitual residence condition introduced in May 2004 and the new rent supplement eligibility rules introduced in January 2004 do not make such a person ineligible for rent supplement. However, it is not possible to give a definitive position on entitlement until the person concerned applies for rent supplement in Ireland and a detailed assessment of his or her situation is made by the relevant health board.

Michael Moynihan

Question:

290 Mr. M. Moynihan asked the Minister for Social and Family Affairs the details of the arrangement of his Department in treating parents differently to non-parents in assessing income from casual unemployment assistance claims whereby the current arrangement allows a disregard of €12.70 per day for non-parents, but none for parents; and the basis for such an application; and his plans to address this anomaly. [29182/04]

Legislation provides that where a person works for up to three days a week either on a casual or part-time basis, earnings are assessed at 60% for unemployment assistance purposes. In addition, persons without children are allowed a €12.70 disregard for each day worked, with the balance of earnings assessed at 60%. The current arrangements for assessment of casual and part-time means came into force in November 1996. Prior to this, payment was only made in respect of days in the week on which a person was unemployed, with one sixth of the weekly means assessment being deducted from each daily UA payment. No payment was made in respect of any day of employment, irrespective of the level of daily earnings. This practice could prove to be a considerable disincentive to taking up part-time or casual employment.

While many people who were in receipt of UA and working casually or part-time stood to gain significantly under the new system, those without qualified child dependants would have lost a large part of their weekly UA payment. For this reason, a special daily disregard of €12.70 — £10 at the time — was introduced to protect their payments.

With the introduction of the new assessments in 1996, it was envisaged that some 10,500 casual-part-time workers would benefit financially. Also, these simplified arrangements made it easier for people to see for themselves the advantages of taking up part-time or casual employment, as opposed to remaining fully unemployed. The question of changes in the assessment of means from casual or part-time earnings would be a matter for consideration in a budgetary context and in the context of priorities generally.

John Perry

Question:

291 Mr. Perry asked the Minister for Social and Family Affairs if a person who is entitled to the deserted wife allowance is allowed to enter employment; when the legislation was changed to assess earnings from income; and if he will make a statement on the matter. [29787/04]

Deserted wife's allowance is a means-tested payment made to women who have no dependent children, who were deserted by their husband and who do not satisfy the contribution conditions for deserted wife's benefit. Deserted wife's allowance was closed to new applications with effect from 2 January 1997 when the one-parent family payment was introduced. In assessing means for the purposes of the allowance, account is taken of income from savings, investments, property and employment. Deserted wife's benefit is a social insurance payment made to a woman deserted by her husband. Entitlement to payment is conditional on satisfying contribution conditions based on the social insurance record of either the wife or her husband. An earnings limit was introduced for deserted wife's benefit as and from 31 August 1992. The limit, which applied only to new claims after that date, is currently €12,697.38 a year, gross earnings. Where earnings are in excess of €12,697.38 a year, there may be entitlement to a reduced rate of payment of deserted wife's benefit, provided earnings do not exceed €17,776.33 a year.

The scheme was closed to new applications with effect from 2 January 1997 on the introduction of the one parent family payment scheme under which an eligible parent with dependent children is entitled to payment irrespective of gender or the circumstances that gave rise to the lone parenthood. Lone parents are encouraged under the scheme to maximise their income from different sources by availing of the exemption of earnings and maintenance payments in assessing means.

Lone parents may earn up to €146.50 per week without affecting their payment. Earnings above this limit are assessed at 50%, up to a maximum of €293.00 per week. Lone parents are also eligible to avail of the full range of employment support schemes operated by my Department.

The schemes for deserted wives under social insurance have been retained to the extent that existing entitlements already acquired in August 1992, when the earnings limit was introduced for new claimants, and in 1997, when the one parent family payment scheme was introduced, have been preserved. All new claimants, irrespective of gender, who seek income support as lone parents, are treated equally.

Social Welfare Appeals.

Michael Ring

Question:

292 Mr. Ring asked the Minister for Social and Family Affairs when an appeal for carers allowance will be finalised for a person (details supplied) in County Mayo. [29796/04]

The person's application for carer's allowance was disallowed by a deciding officer on the grounds that full-time care and attention was not being provided by the person concerned. The person concerned appealed against this decision to the social welfare appeals office. Following her letter of appeal, the case was referred back to my department for further investigation. When investigations are complete, the matter will receive further consideration by my Department.

Under social welfare legislation decisions in relation to claims must be made by deciding officers and appeals officers. These officers are statutorily appointed and I have no role in regard to making such decisions.

Social Welfare Benefits.

Kathleen Lynch

Question:

293 Ms Lynch asked the Minister for Social and Family Affairs the amount of his Department’s Estimates which has been overpaid to recipients of the one parent family payment allowance who have returned to employment in the years 2001, 2002 and 2003; his views on whether his Department should improve its notification or early warning system to persons in this category to ensure that overpayments do not occur; and if he will make a statement on the matter. [29827/04]

The total amount of overpayments raised to date in respect of one parent family payment cases for the tax years 2001, 2002 and 2003 is €23.2 million. A breakdown for individual tax years is not available. Recipients of one parent family payments are obliged to notify my Department when there is a change in their circumstances, for example, when their earnings increase. Overpayments may arise where beneficiaries have failed to notify my Department of an increase in their weekly earnings. Applicants are advised of this requirement when their payment is initially awarded. The notice is also included on payable order books.

Lone parent customers who are paid electronically are notified each year of the budget increases and included in the notification is the list of conditions for the continued receipt of the payment.

In addition, my Department takes other opportunities to inform customers of the need to notify it of any changes in circumstances, for example in the recently published customer charter. The charter is on display in public offices and is available on my Department's website.

John Cregan

Question:

294 Mr. Cregan asked the Minister for Social and Family Affairs the situation with respect to persons on rent allowance; if it is reduced on a gradual basis, if a person or adult children can take up full or part-time work; and if the situation changes when responsibility for a recipient of this allowance transfers to the local authority under the 18-month rule. [30131/04]

Rent supplements are available through the supplementary welfare allowance scheme which is administered by the health boards on behalf of my Department. Supplementary welfare allowance is not normally payable to people who are engaged in full-time employment. For these purposes, employment for 30 hours or more per week is regarded as full-time.

Arrangements which have been in place for a number of years allow a person to retain a portion of his or her rent supplement where he or she takes up employment through approved schemes, such as the back to work scheme or community employment. These arrangements are particularly beneficial to people who take up full-time employment, as they would not otherwise be entitled to rent supplement.

Subject to certain conditions, including a weekly household income limit of €317.43, rent supplement may be retained on a tapered basis for up to four years, that is, 75% in year one, 50% in year two, and 25% in years three and four. Back to work allowance and family income supplement, in cases where one or both of these are in payment, are disregarded in the assessment of the €317.43 weekly income limit. PRSI and reasonable travelling expenses are also disregarded in the means test.

In addition to those on approved schemes, anyone who has been unemployed for 12 months or more and who moves from a welfare payment to full-time open market employment may retain rent supplement on the tapered retention basis outlined above.

Participants in the back to work scheme and community employment can opt to be assessed under either standard supplementary welfare allowance rules or the retention arrangements outlined above and will be entitled to receive payment under the more favourable option in their case. Under standard assessment rules rent supplements are calculated to ensure that an eligible person, after the payment of rent, has an income equal to the rate of basic supplementary welfare allowance appropriate to his or her their family circumstances, less a minimum contribution, currently €13, which each recipient is required to pay from his or her own resources. Up to €50 in respect of additional income from part-time employment is disregarded in the means test thus ensuring that a person is better off as a result of taking up such an opportunity. Any amount of family income supplement in payment is also disregarded.

A new initiative was announced by Government in July of this year whereby local authorities will progressively assume responsibility for meeting long-term housing needs including those of people dependent on rent supplement for 18 months or longer. These new rental accommodation arrangements will see local authorities put solutions in place for people with long-term housing needs, while the existing rent supplement scheme will continue to provide income support for up to 18 months where necessary. The local authority approach will be accommodation-based. People accommodated under these arrangements will make a contribution towards their housing costs on the same basis as people on the existing local authority differential rent scheme.

Question No. 295 withdrawn.

Family Support Services.

Ciarán Cuffe

Question:

296 Mr. Cuffe asked the Minister for Social and Family Affairs if he will reinstate the crèche supplement as it provides vital childcare support to children and families in disadvantaged communities in the absence of the required funding supports. [30208/04]

It is estimated that there are over 3,000 crèches and pre-schools in the country, the majority of which are privately operated. The remainder are community-based and operate on a not for profit basis. Some are grant-aided by health boards while others receive funding through the equal opportunities child care programme of the Department of Justice, Equality and Law Reform. In addition, the Early Start pre-school programme, operated by the Department of Education and Science, targets children in the three to four age bracket in areas of disadvantage.

The child care facilities which are grant-aided by health boards generally cater for children who are referred by a public health nurse or other health professional where the child's needs, or those of the parent, are of a medical or personal social services nature. The objective of the supplementary welfare allowance scheme is to meet immediate, short-term income maintenance needs. The practice of paying crèche supplements, as they came to be known, through the scheme evolved in certain health board areas with the original intention of providing short-term support to parents to enable them to avail of services such as counselling or addiction treatment programmes, or to facilitate children with special needs to benefit from interaction with other children.

In many cases however, supplements remained in payment for long durations and in circumstances which were outside the scope of the scheme. In effect, the supplements had become a long-term child care support rather than a short-term social welfare intervention. This was the reason that steps were taken this year to curtail these payments. The other specific crèche and playschool support programmes remain in place. I consider that child care and child welfare supports are best provided by consolidating and improving these programmes. I am in discussions with my colleagues in that regard.

Driving Tests.

Seymour Crawford

Question:

297 Mr. Crawford asked the Minister for Transport the position regarding the availability of driving testers in County Monaghan; if testing is now only taking place on a bi-weekly basis; the waiting time for having a test; his views on whether this is causing further stress and costs on many persons who have to pay high insurance as provisional drivers; and if he will make a statement on the matter. [29660/04]

The current average waiting time for a driving test at the Monaghan test centre is 33 weeks. By the end of this year driving tests equivalent to 55 weeks' work will have been carried out at the test centre during 2004. At least one driver tester is assigned to carry out tests at the centre for each of the remaining weeks of this year. My Department will seek to arrange an early test for candidates who provide documentary evidence of the need for an urgent test.

Fergus O'Dowd

Question:

298 Mr. O’Dowd asked the Minister for Transport if there are guidelines by which a driving licence can be granted to a person (details supplied) in County Louth in view of special circumstances; and if he will make a statement on the matter. [29746/04]

Regulations governing the issue of driving licences by licensing authorities have for many years provided that an application to renew a lapsed driving licence may be submitted without a certificate of competency to drive if a person makes such application within a period of ten years from the date of expiry of the previous driving licence. After ten years has elapsed, a person must first pass the driver theory test, apply for a provisional licence and undergo the driving test to obtain a driving licence.

John Perry

Question:

299 Mr. Perry asked the Minister for Transport if an application for a driving licence from a person (details supplied) in County Sligo has been received; and if he will make a statement on the matter. [29788/04]

Under the Road Traffic Act 1961 and the Road Traffic (Licensing of Drivers) Regulations 1999 to 2004, it is a matter for the appropriate licensing authority, in this case Sligo County Council, to determine the eligibility of a person for a driving licence, and to issue licences.

Phil Hogan

Question:

300 Mr. Hogan asked the Minister for Transport when a person (details supplied) in County Kilkenny will be notified of their driving test; and if he will make a statement on the matter. [30173/04]

The applicant has been placed on a cancellation list for a driving test at the Kilkenny driving test centre and a test appointment will be arranged as soon as possible.

Road Network.

James Breen

Question:

301 Mr. J. Breen asked the Minister for Transport if he will revisit the decision taken in 1999 not to allow the NRA to build motorways between Dublin and regional cities; and if he will make a statement on the matter. [30190/04]

The national development plan, NDP, provides for a substantial investment in national roads over the period 2000 to 2006. A significant priority within the national roads programme is to upgrade the five main inter-urban routes, linking Waterford, Cork, Limerick, Galway and the Dundalk Border with Dublin, to motorway-high quality dual carriageway standard, involving a substantial public private partnership, PPP, component based on user tolls and bringing significant improvements to other key routes.

The current position in relation to the upgrading of the five major inter-urban routes is that the M1 is expected to be fully complete by the end of 2006. Work is complete on major projects on the N7 Monasterevin bypass, on the N8 Cashel bypass. The N4-N6 Kilcock-Kinnegad project continues under construction. Work started this year on the Dundalk western bypass and Dundalk to Newry on the M1, on the Fermoy bypass, N8, and Naas road widening, N7. Completion of these projects will eliminate many of the major bottlenecks on these routes. In addition it is expected that compulsory purchase orders and environmental impact statements for the remaining projects in planning on these routes will either be approved by, or be before, An Bord Pleanála by end 2004.

Driving Tests.

John Perry

Question:

302 Mr. Perry asked the Minister for Transport if he will address the concerns raised with regard to registered driving instructor status; the position regarding the validity of the RDI status of a person (details supplied) in County Sligo within the DTSA; his plans to pass this decision over to the board of the DTSA; and if he will make a statement on the matter. [29687/04]

Seán Crowe

Question:

303 Mr. Crowe asked the Minister for Transport if he will investigate the case of a person (details supplied) in County Tipperary; and if he intends to pass the decision regarding this person’s status over to the board of the DTSA. [29688/04]

I propose to take Questions Nos. 302 and 303 together.

Proposals being developed by my Department for the regulation and quality assurance of driving instruction will involve a test of the competence of individual instructors. A working group comprising representatives of my Department and of instruction interests has formulated the design of the standards that a driving instructor must meet. I am considering what arrangements will be put in place to oversee implementation of the standard in the context of the establishment of the Driver Testing and Standards Authority. The Driver Testing and Standards Authority Bill 2004, which provides for the establishment of the authority was published on 6 July 2004 and the Second Stage debate commenced on the 14 October 2004. Regulations will be required to give effect to the proposals for introducing regulation of driving instruction and the position of existing driving instructors will be considered in the context of drafting of the regulations.

Public Transport.

Joe Higgins

Question:

304 Mr. J. Higgins asked the Minister for Transport if consideration has been given to bringing the Luas from Benburb Street, through Stoneybatter, the Navan Road and up to Blanchardstown and Clonee and beyond, with park and ride facilities being available for motorists in Clonee to facilitate commuters living in this significant catchment area. [29716/04]

Responsibility for the development of specific proposals for the expansion of Luas services lies with the Railway Procurement Agency, RPA. However, provision of further transport services in the greater Dublin area is being pursued within the broad policy framework established by the Dublin Transportation Office's A Platform for Change. This framework does not envisage an extension of the Luas network to Clonee in the period to 2016. At present, Iarnród Éireann is planning to expand services on the Maynooth line later this year and is also looking into the feasibility of the development of a spur from the Maynooth line to Dunboyne. This would have the effect of improving rail services to the city centre from the Clonee catchment area.

Driving Tests.

Olivia Mitchell

Question:

305 Ms O. Mitchell asked the Minister for Transport the number of candidates presenting for the driving test at test centres, who are on their second, third or subsequent attempt to secure a full driving licence; and if he will make a statement on the matter. [29774/04]

There are 118,074 applicants awaiting a driving test at present. Details of those applicants who are taking their driving test for the second or subsequent occasion are not recorded at application stage.

Michael Ring

Question:

306 Mr. Ring asked the Minister for Transport the arrangements in place for Civil Service staff within the driver testing section at Ballina, County Mayo, who do not wish to transfer to the Driver Testing and Standards Authority. [29797/04]

The Driver Testing and Standards Authority Bill currently before the House provides that "Any person who immediately before the establishment day was a member of the staff of the Department of Transport and who is designated by the Minister for employment in the Authority shall on the appointed day be transferred to and become a member of the staff of the Authority." Negotiation and consultation with staff and their representative organisations to determine the detailed arrangements for the establishment of the Driver Testing and Standards Authority are continuing.

Road Safety.

Olivia Mitchell

Question:

307 Ms O. Mitchell asked the Minister for Transport the amount that has been spent on implementing the national road safety strategy annually from 1997 to 2004, inclusive; and if he will make a statement on the matter. [29811/04]

Olivia Mitchell

Question:

308 Ms O. Mitchell asked the Minister for Transport the amount that has been spent by his Department on implementing the national road safety strategy annually from 2002 to 2004, inclusive; the amount it is envisaged will be spent annually on the Road Safety Strategy 2004 to 2006; and if he will make a statement on the matter. [29812/04]

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

Funding made available to the road safety agencies under the aegis of my Department in 1997 amounted to approximately €10.65 million. The following table sets out the funding to the road safety agencies under the aegis of my Department on an annual basis, since 1998, the first full year of the operation of the Government Road Safety Strategy 1998 — 2002. Between 1998 and 2004, there has been significant and sustained increases in the funding made available to the road safety agencies under the aegis of my Department. Overall funding has grown from a total of €11.372 million in 1998 to €22.488 milion in 2004, a rise of 97.7%.

State Body

1998

1999

2000

2001

2002

2003

2004

€m

€m

€m

€m

€m

€m

€m

National Safety Council

1.148

1.290

1.202

2.484

2.941

2.758

2.886

Medical Bureau of Road Safety

0.794

1.380

1.565

1.771

1.728

2.067

2.337

National Roads Authority

9.430

10.506

10.819

11.906

7.953

9.708

17.265

Total

11.372

13.176

13.586

16.161

12.622

14.533

22.488

The overall Exchequer provision for road improvement and maintenance works, which have a significant impact on road safety, in 2004 on the national road network is €1.280 billion. This compares with an expenditure outturn of €1.223 billion in 2003. Local authorities receive funding for road improvements and remedial measures on non-national roads, which is not included in these figures. In addition, the funding made available for Garda operations supports the enforcement of road traffic law. That is a matter for the Minister for Justice, Equality and Law Reform.

The 2005 Estimates include increased provisions for all of the road safety agencies. The specific allocation to safety-related aspects of the NRA's activities in 2005 and 2006 has not yet been finally determined. Funding for 2006 in respect of the National Safety Council and the Medical Bureau of Road Safety will be determined in the context of the 2006 Estimates process.

The success of implementing road safety policy as set out in the road safety strategy is critically dependent on major investment in resources by various Departments and their agencies. The Government remains committed to ongoing support for the pursuit of road safety policies.

In addition, my Department is chairing a steering group overseeing a cross-departmental review of road safety expenditure which will examine expenditure incurred over the lifetime of the road safety strategy. This will seek to evaluate the effectiveness of all public spending on road safety and, if necessary, recommend an adjustment in spending on particular policies and measures based on their effectiveness. The review will also seek to establish the impact of road safety performance on other areas, such as health and emergency services. The steering committee consists of representatives from the Departments of Transport, Justice, Equality and Law Reform, Health and Children, Finance and Environment, Heritage and Local Government. A consultant has been engaged to carry out an analysis of road safety expenditure and is expected to report to the steering committee shortly.

Public Transport.

Paul McGrath

Question:

309 Mr. P. McGrath asked the Minister for Transport if Iarnród Éireann will purchase all, or part of the lands for sale at St. Joseph’s Hospital, Clonsilla, Dublin 15 with a view to providing a park and ride facility at Clonsilla train station; and if he will make a statement on the matter. [29839/04]

The issue of the purchase or disposal of lands is an operational matter for Iarnród Éireann to consider in the light of its requirements. Iarnród Éireann is exploring options with Fingal County Council to improve access to Clonsilla station which may also yield some parking benefits. It would also encourage private sector involvement in car parking schemes.

Road Network.

Olivia Mitchell

Question:

310 Ms O. Mitchell asked the Minister for Transport the amount of the €1.27 billion target included in the NDP for private financing of the national roads programme which has been secured to date; if this target has not been reached, the amount of funding which has been secured to date; if he will report on the difficulties in reaching the target of €1.27 billion; and if he will make a statement on the matter. [29966/04]

The national development plan, NDP, included a private finance target of €1.27 billion. This target is the cumulative contribution expected from the private finance sector towards the capital investment in the national roads programme for the period 2000 to 2006. The National Roads Authority, NRA, announced in mid-2000 a programme of nine PPP projects. This PPP programme was further augmented in 2004 with the announcement of an additional PPP project, namely the M50 upgrade PPP. To date, four PPP contracts have been awarded namely the second Westlink bridge completed in 2003 and the following projects under construction; N4-N6 Kilcock-Kinnegad motorway, M1 Dundalk western bypass and the N8 Rathcormac-Fermoy bypass. The total amount of private finance put in place for these projects amounts to €567 million inclusive of standby facilities on the debt and equity funding to cover any additional costs incurred by the PPP companies. If one excludes these standby facilities, the amount of private finance placed into PPP contracts to date amounts to €480 million.

Other PPP projects are at various stages of procurement including the N25 Waterford bypass, N3 Clonee-Kells motorway, Limerick tunnel and M50 upgrade. All these contracts are planned to be awarded either in 2005 or 2006, and assuming that no delays affect these targets, an estimated further €1.1billion of private finance will have been committed to national roads investment amounting to €1.58 billion in total by end 2006, a sum well in excess of the €1.27 billion target. In addition, the remaining two PPP projects will be advertised in 2005, namely, the Portlaoise PPP motorway and the Galway-Ballinasloe scheme, both of which will be substantially funded by private finance.

Airport Services.

Paul Nicholas Gogarty

Question:

311 Mr. Gogarty asked the Minister for Transport the body which is responsible for monitoring noise emissions from aeroplanes at Weston Aerodrome; if his attention has been drawn to the fact that South Dublin County Council says this is not its responsibility; if his attention has been further drawn to the fact that the Irish Aviation Authority has stated in a written response that this is not within its statutory remit; and if he will make a statement on the matter. [30001/04]

There is no statutory requirement for the monitoring of noise emissions from aeroplanes at Weston Aerodrome. My Department has responsibility for implementing European legislation relating to noise emissions from civil subsonic jet aeroplanes, which are large commercial jet aircraft. These regulations-directives apply to civil airports that have more than 50,000 movements of civil subsonic jet aeroplanes per year. As the aircraft using Weston, a privately owned aerodrome, are smaller aircraft mostly engaged in training, leisure or general aviation, this aerodrome does not come within the scope of this European legislation.

The Irish Aviation Authority, IAA, is responsible for the safety regulation of the Irish aviation industry. Weston Aerodrome has been operating as an aerodrome since 1938. In recent years, the development of Lucan has pushed large residential areas quite close to Weston Aerodrome. With a view to limiting the noise impact on residential areas, Weston Aerodrome introduced procedures for pilots in relation to the flight paths and altitudes. I understand that in response to a similar question put to the Department for the Environment, Heritage and Local Government, the Minister outlined the roles of local authorities with regard to this matter.

State Airports.

Finian McGrath

Question:

312 Mr. F. McGrath asked the Minister for Transport if a jet (details supplied) has ever landed at Shannon Airport; if prisoners were ever transported through that airport; and if he will make a statement on the matter. [30003/04]

In accordance with the 1944 Chicago Convention on International Civil Aviation, aircraft may come into Ireland for technical stops such as for refuelling purposes, as this aircraft has done, without notifying the Department of Transport, and no notification about this aircraft was received by my Department.

My Department has been informed by Shannon Airport management that this particular aircraft, registration N8068V, has used Shannon Airport three times in 2004, and has not used Shannon Airport on any date prior to 2004. Each landing was a technical stop, that is, for refuelling or other technical reasons. On no occasion did any passengers join or leave the flight at Shannon.

Furthermore, I understand that the US authorities have confirmed to the Department of Foreign Affairs that the US has not used Irish airports for the transit of prisoners to or from the detention centre at Guantanamo or elsewhere. I also understand that the US side has confirmed that they would not transit Irish airspace or use Irish airports for this purpose without seeking the authorisation of the Irish authorities.

Public Transport.

Seán Crowe

Question:

313 Mr. Crowe asked the Minister for Transport if he has proposals for supplying public transport to run between Churchill and Letterkenny. [30147/04]

The provision of public bus services on specific routes is a commercial and operational matter for bus operators. It is open to any private bus operator who may be interested to apply to my Department for an annual passenger licence under the Road Transport Act 1932 to operate a regular bus service on the route mentioned in the Deputy's question and my Department would look favourably on any such application. Bus Éireann may initiate new services subject to compliance with the necessary regulatory requirement of giving advance notice to my Department and to compliance with the provisions of section 25 of the Transport Act 1958 concerning competition with licensed private operators.

Driving Tests.

Seán Crowe

Question:

314 Mr. Crowe asked the Minister for Transport if his attention has been drawn to the fact that a person licensed to drive a bus and a taxi has to take additional lessons and a test in order to be allowed to drive a taxi with a trailer. [30148/04]

Regulations on driver licensing set out the various categories of driving licence in accordance with harmonised EU requirements. A category B driving licence gives entitlement to drive vehicles, other than motorcycles, mopeds, work vehicles or land tractors, having a design gross vehicle weight not exceeding 3,500 kg and having passenger accommodation for not more than eight persons. The design gross vehicle weight of the trailer may not be greater than 750 kg or, alternatively, the design gross vehicle weight of the trailer may not exceed the unladen weight of the drawing vehicle and the total design gross vehicle weight of the combination does not exceed 3,500 kg.

A category EB driving licence gives entitlement to drive combinations of vehicles where the drawing vehicle is in category B and where the design gross vehicle weight of the trailer is greater than 750 kg. A category D driving licence gives entitlement to drive vehicles having passenger accommodation for more than eight persons. The design gross vehicle weight of the trailer may not be greater than 750 kg. A category ED driving licence gives entitlement to drive combinations of vehicles where the drawing vehicle is in category D and where the design gross vehicle weight of the trailer is greater than 750 kg. Persons with a category B or a category D licence who wish to have entitlement to drive such vehicles in combination with trailers with a design gross vehicle weight greater than that granted by the licence must pass a specific driving test in the EB or ED category, respectively, to demonstrate that they have the necessary skills for towing larger trailers.

Road Network.

Olivia Mitchell

Question:

315 Ms O. Mitchell asked the Minister for Transport if all public private partnerships planned, initiated or completed to date as part of the road building programme under the NDP were subjected to a cost benefit analysis; the details of such analyses; if such PPP projects already completed were finished within the timescale and budget envisaged; and if he will make a statement on the matter. [30149/04]

The national development plan provides for significant private sector investment in the national roads development programme. In line with this policy, a number of major road upgrade projects are being implemented by the National Roads Authority, NRA, by means of public private partnerships, with the private sector being remunerated in part by user tolls.

The assessment and evaluation of all individual national road projects, including cost benefit analysis, is undertaken by the NRA as an integral part of the planning of projects in accordance with Department of Finance guidelines on the appraisal and management of capital projects and working rules for cost-benefit analysis. In addition, the development and implementation of toll based public private partnership projects also take account of Department of Finance interim guidelines on the assessment, approval and procurement of PPP projects. Furthermore, the implementation of the national roads programme overall has been evaluated as part of the evaluation process applicable to such programmes under the national development plan and community support framework.

The NRA is making good progress in the implementation of a programme of toll-based public private partnership projects as part of the national roads programme, with the M50 second Westlink bridge completed on time, construction under way on the N4 Kinnegad-Enfield, N8 Fermoy bypass and the M1 Dundalk western bypass. PPP concessions are well advanced for the N3 Clonee to south of Virginia bypass, N6 Ballinasloe bypass, N7 Limerick southern ring road, phase two, N8 Portlaoise to Cullahill to Castletown, N25 Waterford bypass and the M50 upgrade.

National Car Test.

Martin Brady

Question:

316 Mr. M. Brady asked the Minister for Transport when the review of the national car testing service will be carried out; and the reason vehicles have failed for not having Baile Átha Cliath on number plates. [30150/04]

The car testing contract provides for a review of the service by the Minister after the mid-point of the contract which will occur in January 2005. The review will commence early in the new year. The format, dimensions and technical specifications of registration plates for display on motor vehicles are currently provided for in the Vehicle Registration and Taxation (Amendment) Regulations 1999, which were made by the Revenue Commissioners. The regulations provide, inter alia, that a registration plate shall exhibit the index mark, for example, “D”, and place name, for example, “Baile Átha Cliath”, of the relevant licensing authority. The regulations specify the place name to be used for each of the 29 licensing authorities, which is the Irish version of the county concerned. The requirements with regard to index marks and place names are long-standing and date back to the Road Vehicles (Registration and Licensing) (Amendment) Regulations 1990. A registration plate that does not meet the specifications constitutes a reason for refusal of an NCT test certificate. I understand this position has been strongly endorsed by the Garda authorities.

Rail Services.

Willie Penrose

Question:

317 Mr. Penrose asked the Minister for Transport if, in the context of the recent reply to a parliamentary question seeking the re-opening of Killucan station, County Westmeath, and the accepted need for this development, he would help to part fund an independent feasibility study on a euro for euro basis with the local community council which would examine the need and possible usage of such a service in the catchment area; and if he will make a statement on the matter. [30231/04]

The statutory responsibility for the provision of railway services rests with Iarnród Éireann. As I have stated in previous responses to similar questions about Killucan, the company is involved in discussions with the local authorities in the area to establish whether a suitable catchment area for any proposed station can be established. This is normal practice in circumstances such as these. The provision of funding for any necessary studies is a matter for Irish Rail or in conjunction with the local authority.

Road Traffic Accidents.

Michael Lowry

Question:

318 Mr. Lowry asked the Minister for Transport the number of road fatalities recorded from 1997 to 2004; the number of road fatalities recorded in north Tipperary in each year from 1997 to 2004; the number of these fatalities which were pedestrian fatalities; and if he will start an initiative, particularly among school children, to encourage the use of high visibility jackets by pedestrians and others at night in order to reduce the number of pedestrian fatalities annually. [30232/04]

Statistics relating to road accidents, based on information provided by the Garda Síochána, are published by the National Roads Authority in its annual road accident facts reports. The most recent report is in respect of 2002 and is available in the Oireachtas Library along with reports relating to previous years. The table below sets out the number of fatalities in Ireland from 1997 to 2002, the number of pedestrian fatalities in Ireland from 1997 to 2002 and the number of fatalities in north Tipperary for each of those years. The reports do not give details of pedestrian fatalities broken down by county.

Year

1997

1998

1999

2000

2001

2002

Number of Road Deaths in Ireland

472

458

413

415

411

376

Number of Pedestrian Road Deaths in Ireland

130

114

92

85

89

86

Number of Road Deaths in North Tipperary

9

12

7

13

7

5

Provisional figures for the number of persons killed in road traffic collisions in 2003 show there were 336 fatalities for that year. Statistics relating to the number of traffic accidents in north Tipperary during 2003 are not yet fully analysed and authenticated. They will be set out in Road Accident Facts 2003, which will be published by the National Roads Authority. Provisional figures for 2004 indicate that at 22 November 2004, 332 people had lost their lives on the roads in Ireland.

It is generally accepted that road safety issues such as the wearing of high visibility jackets are best promoted by way of educational and publicity campaigns, such as those undertaken by the National Safety Council. The National Safety Council has developed school resource packs relating to road safety for both primary and secondary schools in order to promote safe behaviour. The rules of the road includes a strong recommendation supporting the use at night by pedestrians outside of urban areas of light coloured clothing and reflective armbands.

Rail Services.

Charlie O'Connor

Question:

319 Mr. O’Connor asked the Minister for Transport if he will seek action and a report from the RPA in respect of the outstanding concerns of the Kingswood Heights residents association, Tallaght; if his attention has been drawn to the concern of the community that the RPA commitments be delivered; and if he will make a statement on the matter. [30244/04]

The issue raised by the Deputy is the day-to-day responsibility of the Railway Procurement Agency and I have brought the concerns raised to its attention.

Driving Tests.

Paul Kehoe

Question:

320 Mr. Kehoe asked the Minister for Transport the name of the company which was granted the contract for the theory test; the location of the company; the original location of the company; when the contract expires; and if he will make a statement on the matter. [30246/04]

The contract for the delivery of the driver theory testing service was awarded to Prometric Thomson Learning, a company based in Manchester which is part of Thomson Learning, a division of the Thomson Corporation, a major conglomerate headquartered in the United States of America. The company operates a call centre in Manchester through which test applications are processed. A separate company, Prometric Ireland Limited, has been established here to operate the service. The contract is for a period of seven years. Driver theory testing commenced on 11 June 2001. The service may be contacted at LoCall number 1890 606106. Correspondence may be addressed to the customer service manager at PO Box 144, Drogheda, County Louth.

Parking Regulations.

Brian O'Shea

Question:

321 Mr. O’Shea asked the Minister for Transport, further to Question No. 319 of 17 November 2004, his proposals to amend the Road Traffic (Traffic and Parking) Regulations 1997 for persons (details supplied); and if he will make a statement on the matter. [30261/04]

As indicated in reply to Question No. 319 on 17 November 2004, the Road Traffic (Traffic and Parking) Regulations 1997 empower local authorities, the Irish Wheelchair Association and the Disabled Drivers Association to grant a disabled person's parking permit when they are satisfied that the applicant is suffering from a disability that prevents him or her from walking or causes undue hardship to the person in walking. The qualifying criterion is, therefore, that of impaired mobility as stated above and no specific medical condition that gives rise to such impairment is stipulated.

Driving Tests.

Bernard J. Durkan

Question:

322 Mr. Durkan asked the Minister for Transport if it is normal to expect a motor car to fail a national car test if a decorative toy is suspended from the rear view mirror; and if he will make a statement on the matter. [30289/04]

The items to be tested, the method of testing and the reasons for refusal of a NCT certificate are set out in the national car test manual 2004, which is published by my Department. The NCT includes a check to ensure there is an adequate view from the driving seat and that it is not interfered with by objects or stickers on or in the vicinity of the windscreen. The presence of an object or sticker in the direct line of vision of the driver which would prevent the driver having an adequate view would constitute a reason for refusal of an NCT test certificate.

A person dissatisfied with the outcome of a NCT may appeal the decision under the complaints and appeals procedure operated by the National Car Testing Service Limited, NCTS. It is also open to a car owner to appeal a decision of NCTS to refuse a test certificate to the District Court.

State Airports.

Aengus Ó Snodaigh

Question:

323 Aengus Ó Snodaigh asked the Minister for Transport if the decision to waive fees for the hundreds of US military flights that have used Shannon Airport has cost to Irish taxpayer nearly €6 million. [30309/04]

The Irish Aviation Authority, IAA, provides air traffic control and communications services to aircraft which pass through sovereign and international airspace it administers on the north Atlantic. Only a small proportion of military flights through Irish administered airspace pass through Irish sovereign airspace. Irish administered airspace covers 135,000 square miles of which 32,000 square miles is sovereign airspace.

Under a Eurocontrol — European Organisation for the Safety of Air Navigation — multilateral agreement to which Ireland is a party, various categories of flights — flights under visual flight rules, flights performed by small aircraft, flights performed for the transport of Heads of State and search and rescue flights — are exempt from paying en route charges. In the case of other categories — military flights, training flights, flights performed to test air navigation equipment and circular flights — states have the option to exempt such flights from payment of the en route charge. In common with most Eurocontrol member states, Ireland exempts all such flights, including military flights of member states of Eurocontrol, the United States and Canada, from payment of the en route charge. This arrangement has applied since Ireland joined the Eurocontrol en route charging scheme in the early 1970s. For this reason, arrangement the IAA costs with regard to military flights are met from my Department’s Vote.

Ireland also exempts military aircraft flights from payment of the communications charge and the IAA costs in relation to those charges are also met from my Department's Vote. Efforts to collect this charge in the early 1990s were unsuccessful and, following advice from the Attorney General, debts then outstanding were written off with the agreement of the Department of Finance and a decision taken to cease charging the communications fee to military aircraft.

A total of €6.1 million, not including VAT, was paid to the IAA between January 2003 and September 2004. US military flights account for approximately 90% of the total amounting to €5.5 million. Foreign military aircraft using State airports pay the appropriate airport charge to each airport authority.

Road Safety.

Seán Crowe

Question:

324 Mr. Crowe asked the Minister for Transport if his attention has been drawn to the anomaly that many school buses have no belts in view of widespread concern surrounding the non-use of seat belts; and if he intends to introduce legislation to cover this in the near future. [30310/04]

At present, buses having a design gross weight not exceeding 3,500 kg, that is, minibuses, first registered since 1 January 1992 are the only buses which require to be fitted with seat belts, in which case seat belts are required for the driver and each forward facing front seat passenger. Persons occupying these seats are required to use the seat belts.

In June 2003 the European Commission published proposals to amend a number of directives relating to the type approval requirements for safety belts and restraint systems, anchorages for safety belts, and seats, their anchorages and head restraints. These proposals provide, inter alia, for the mandatory fitment of seatbelts in buses and coaches, other than those used on staged stop urban services, at manufacturing stage for the purpose of obtaining motor vehicle type approval. Under the proposals it would be a requirement for the registration, sale and entry into service of new buses and coaches from 1 January 2006, and that their safety belts and restraint systems, anchorages for safety belts and seats, and anchorages and head restraints would conform to the technical requirements specified in the proposed amending directives.

In anticipation of the aforementioned proposals, Directive 2003/30/EC has been adopted which provides, inter alia, for the compulsory wearing of seat belts by all occupants of vehicles, including buses, where seat belts are fitted. Member states are required to transpose this directive into national law by 9 May 2006. It is my intention to make the necessary regulations to provide for the compulsory wearing of seat belts where fitted in vehicles as soon as the type approval standards for related safety systems, including standards relating to the mandatory fitment of seat belts, have been agreed at European level.

Public Transport.

David Stanton

Question:

325 Mr. Stanton asked the Minister for Transport the plans he has for the implementation of the action plan on accessibility under the Disability Bill 2004; and if he will make a statement on the matter. [30319/04]

The outline sectoral plan under the Disability Bill 2004, published recently by my Department, is a draft consultation document. The plan outlines my Department's proposals with regard to the ongoing development of accessible public transport services for people with mobility and sensory impairments. My Department will shortly commence an extensive consultation process on the plan and every submission received will be taken fully into consideration in finalising the plan in 2005.

Inland Waterways.

Martin Ferris

Question:

326 Mr. Ferris asked the Minister for Community, Rural and Gaeltacht Affairs if he will make a statement on his strategy in regard to the development of the Ulster Canal. [29928/04]

The Deputy will be aware that one of the functions of Waterways Ireland, one of the six North-South implementation bodies established under the British-Irish Agreement Act 1999, is to examine the possible restoration of the Ulster Canal. At this time, no decision has been taken to proceed with the restoration of the Ulster Canal.

A study was commissioned which estimated the cost of the restoration of the full canal at approximately sterling £90 million based on year 2000 costs. The issues arising in regard to the Ulster Canal, including the question of whether a phased or partial approach to the matter might be feasible, are being considered by my Department and the Department of Culture, Arts and Leisure in the North.

Martin Ferris

Question:

327 Mr. Ferris asked the Minister for Community, Rural and Gaeltacht Affairs if he will make a statement on the future strategy of Waterways Ireland for the development of water based amenities. [29929/04]

Waterways Ireland is one of the six North-South implementation bodies established by the British-Irish Agreement Act. The body's remit is the management, maintenance, development and restoration of the inland navigable waterway system, principally for recreational purposes.

Waterways Ireland advises me that it has a programme in place to promote and market the waterways under its remit as part of its marketing and promotion strategy launched earlier this year. It also continues to develop jetties, harbours and moorings along the waterways. In 2005, for example, it intends to complete two harbours at Portrunny, County Roscommon, and Garrykennedy, County Tipperary. In addition, it will provide more than 600 metres of additional moorings at various locations throughout the waterways system North and South.

Dormant Accounts.

Denis Naughten

Question:

328 Mr. Naughten asked the Minister for Community, Rural and Gaeltacht Affairs the timescale in processing an application under the dormant accounts fund by ADM Limited; the timescale for deciding on an application (details supplied); and if he will make a statement on the matter. [29692/04]

Decisions on the disbursement of funds from dormant accounts moneys are a matter for the Dormant Accounts Fund Disbursements Board, an independent body established under the Dormant Accounts Acts. The board has engaged Area Development Management Limited, ADM, to administer the initial round of funding on its behalf which involves the disbursement of up to €60 million from the fund.

Following an invitation earlier in the year to groups and organisations to make applications for funding, more than 1,600 applications were received by ADM. The process of assessing and approving these applications is ongoing. In this regard, the board has to date approved 318 projects for funding totalling approximately €30 million. Over the coming months, further allocations will be made by the board up to a total figure of €60 million.

I understand an application from the group concerned was received by ADM on 5 March 2004. This application is being evaluated against the criteria set out in the published guidelines. Following this evaluation process, a recommendation will be made to the Dormant Accounts Fund Disbursements Board for decision. The group concerned will be advised of the board's decision in due course.

Grant Payments.

Finian McGrath

Question:

329 Mr. F. McGrath asked the Minister for Community, Rural and Gaeltacht Affairs the reason a centre (details supplied) in Dublin 5 did not receive a grant under his Department’s programme of grants for locally based community and voluntary organisations; and if the maximum support and assistance will be given to this centre. [29719/04]

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. It is open to the group in question to apply for funding under that programme.

Departmental Correspondence.

John Perry

Question:

330 Mr. Perry asked the Minister for Community, Rural and Gaeltacht Affairs if he has received correspondence from an agency (details supplied) in County Donegal; if he will address the concerns raised; and if he will make a statement on the matter. [29779/04]

My Department has received correspondence from the agency referred to by the Deputy and has responded stating that no application for additional funding has been received from any of the successful tenderers. The contracts with the six successful tenderers state that no funding additional to that set out in the contract will be paid.

Community Development.

Eamon Gilmore

Question:

331 Mr. Gilmore asked the Minister for Community, Rural and Gaeltacht Affairs the reason funding is not being made available under the YPFSF for activities being organised for children aged under ten years; if he will widen the remit of the YPFSF to include persons under ten years; his views on whether organised activities for persons under ten years are particularly important in some neighbourhoods; and if he will make a statement on the matter. [29931/04]

As the Deputy is aware, the young people's facilities and services fund, YPFSF, was established in 1998 to assist in the development of facilities, including sport and recreational facilities, and services in disadvantaged areas where a significant drug problem exists or has the potential to develop. The fund is aimed at young people in the ten to 21 age bracket as this is considered the age group potentially most at risk of drug misuse and, in particular, opiate misuse. In addition, it should be noted that the youth initiatives funded under the YPFSF are guided by the Youth Work Act 1997 and, more recently, the Youth Work Act 2001, which states that youth services should have particular regard to the youth work requirements of persons who are aged between ten and 21 years and are socially or economically disadvantaged.

To date, more than €75 million has been allocated under the fund to support in the region of 450 facility and services projects. This includes the €13 million worth of allocations I announced earlier this year for more than 100 proposals under the second round of the fund. Through the new funding being allocated, a number of new youth and community centres will be built and a wide and diverse variety of youth work projects across the 14 local drugs task force areas are being supported. Substantial funding is also being made available towards the staffing and operational costs of a number of larger community-youth centres built under the first round of the fund.

While the primary focus of all YPFSF funded facilities is on the ten to 21 age bracket, the Deputy should note that their use by the wider community, including by children younger than ten years old, is also accommodated. There are no plans at present to broaden the remit of the YPFSF.

Cailliúint Phostanna.

Aengus Ó Snodaigh

Question:

332 D'fhiafraigh Aengus Ó Snodaigh den Aire Gnóthaí Pobail, Tuaithe agus Gaeltachta cén uair dheireanach a bhuail Údarás na Gaeltachta le bord bainistíochta an chomhlachta Nuvotem atá lonnaithe i gCroithlí, Contae Thír Chonaill; ar pléadh scaoileadh chun bóthair a dhéanamh go sealadach ar oibrithe sa chomhlacht; an raibh an t-údarás ar an eolas ag an am go raibh orduithe do tháirgí Nuvotem á seoladh chuig an chomhlacht i bPoblacht na Seice; agus an bhfuil aon eolas eile ag an údarás a d’féadfadh cuidiú chun an staid fostaíochta a réiteach do na hoibrithe atá thíos leis i dTír Chonaill. [30233/04]

De réir an eolais atá curtha ar fáil ag Údarás na Gaeltachta, tá an comhlacht atá luaite ag an Teachta i gcoimhlint le comhlachtaí i dtíortha le costais íseal táirgíochta. Mar is eol don Teachta, tá coimhlint ghéar in earnáil na déantúsaíochta le roinnt blianta agus tá poist á gcailliúint sa tír seo dá réir, na ceantair Ghaeltachta san áireamh.

Tuigim go mbíonn caidreamh rialta ag feidhmeannas Údarás na Gaeltachta leis an gcomhlacht seo chun scrúdú a dhéanamh ar na féidearthachtaí atá ann maidir lena inmharthanacht a chinntiú. Ina thaobh sin de, rinneadh tuilleadh plé ar thodhchaí an chomhlachta ag cruinniú ar 18 Samhain 2004. Tuigim ón údarás go bhfuil an comhlacht fós ag lorg orduithe a chuirfidh ar a chumas táirgíocht a athbhunú sa tír seo ach ní mór, ar ndóigh, an choimhlint ghéar atá san earnáil déantúsaíochta seo i láthair na huaire a choimeád san áireamh.

Designated Areas.

Paul Kehoe

Question:

333 Mr. Kehoe asked the Minister for Community, Rural and Gaeltacht Affairs the counties and towns which have been designated under the RAPID programme; the amount spent in each area since such designation; the amount of budget shortfall in each designated centre; the total spent on the RAPID programme to date; and the amount of the proposed budget when announced. [30255/04]

Strand one of the RAPID programme targets 25 urban areas and strand two targets 20 provincial towns. These areas are listed in the table which follows. While no specific budget was allocated to the RAPID programme, it was stated at the time that:

Under the National Development Plan up to €15 billion has been earmarked for social inclusion measures, to be spent on development measures over the next five years. The RAPID programme will prioritise the 25 identified areas and frontload a significant share of this money to them over the next three years.

My Department, supported by Area Development Management Limited, co-ordinates the implementation of the programme. While I can provide details of allocations made by my Department to RAPID areas, it is neither practicable nor possible to quantify total spend on RAPID across all Departments. For this reason and because no specific budget was allocated to RAPID, it is not possible to provide the remainder of the information requested.

Tables:

Strand I RAPID Areas

Strand II RAPID Areas

Blanchardstown

Athlone

Bray

Athy

Clondalkin

Ballinasloe

Cork — Blackpool / The Glen / Mayfield

Carlow

Cork — Fairhill / Gurranebraher / Farranree

Carrick-on-Suir

Cork — Knocknaheeney / Churchfield

Cavan

Cork — Togher / Mahon

Clonmel

Dublin — Ballymun

Ennis

Dublin — Finglas

Galway

Dublin — North East Inner City

Kilkenny

Dublin — North West Inner City

Longford

Dublin — Northside

Mallow

Dublin — South East Inner City

Navan

Dublin — South Inner City

New Ross

Dublin — South West Inner City

Sligo

Dún Laoghaire / Rathdown

Tipperary

Limerick — Kings Island

Tralee

Limerick — Northside

Tuam

Limerick — Southside

Wexford

Drogheda

Youghal

Dundalk

Tallaght — Jobstown

Tallaght — Killinarden

Tallaght — Fettercairn

Waterford

Forestry Protection.

Trevor Sargent

Question:

334 Mr. Sargent asked the Minister for Agriculture and Food if she has satisfied herself with the adequacy of tree protection legislation; and if there are plans to review and update the provisions. [29805/04]

The main instrument for the protection of trees in Ireland is the Forestry Act 1946, which lays down provisions in relation to felling, uprooting and injury of trees. Additional protection is provided for under the Planning and Development Act 2000 which empowers local authorities to place tree preservation orders on trees. I intend to review the body of forestry legislation next year. This will incorporate a full examination of the adequacy of the provisions providing for tree protection, including review of the administration of the felling licensing system. A legislative review group has already carried out some work on this matter.

Grant Payments.

Michael Ring

Question:

335 Mr. Ring asked the Minister for Agriculture and Food the reason a person (details supplied) in County Mayo still has not received the special beef premium payment. [29682/04]

Further to my reply to Question No. 213 of 3 November 2004 in which I indicated that payment would issue shortly to the person named, I am pleased to confirm that the 60% advance payment in the amount of €3,870 issued to the person named on 12 November 2004.

Mayo Landslide.

Michael Ring

Question:

336 Mr. Ring asked the Minister for Agriculture and Food if the compensation payment to a person (details supplied) in County Mayo will be reviewed and reassessed in order that the payment can be increased. [29683/04]

The person named is an applicant under the Pullathomas landslide damage relief scheme. Payments were issued by my Department to all eligible farmers on 15 October 2004. My Department has carried out a review of this case and has not found any grounds for an increase in the level of compensation paid to the applicant.

Michael Ring

Question:

337 Mr. Ring asked the Minister for Agriculture and Food the position regarding the review of a compensation payment received by a person (details supplied) in County Mayo; and if the amount to this person has been increased. [29684/04]

The person named is an applicant under the Pullathomas landslide damage relief scheme. My Department has carried out a review of the case concerned and is satisfied that the assessment of the damage is reasonable and in accordance with the terms of the scheme. However, during the course of the review an error in calculation was discovered as a result of which a further sum of €45 is due to the applicant. Arrangements are being made for the payment of this amount to the applicant and a cheque will issue shortly.

Veterinary Medicines.

Denis Naughten

Question:

338 Mr. Naughten asked the Minister for Agriculture and Food, further to Question No. 262 of 29 September 2004, her plans for intramammary medicines; and if she will make a statement on the matter. [29695/04]

Following a review by my Department of the existing regime governing the distribution and sale of veterinary medicines, it was concluded earlier this year that a number of changes to the regime would be appropriate to give effect to the Irish Medicines Board report on intramammaries and take account of developments since the original legislation was enacted. Since that time, my Department has had a number of meetings with stakeholders and received a number of submissions which have been under consideration. The next formal stage in the process is to consult the animal remedies consultative committee. I have recently reactivated this committee so that this consultation can take place in the near future. Following completion of this process, it is my intention that the necessary legislative amendments will be finalised and brought into effect as soon as possible.

Grant Payments.

Billy Timmins

Question:

339 Mr. Timmins asked the Minister for Agriculture and Food the position with regard to a suckler cow payment 2003 for a person (details supplied) in County Wicklow; if this can be made as a matter of urgency; and if she will make a statement on the matter. [29748/04]

The person named is the husband of the registered herd owner. The registered herd owner applied on 20 animals under the 2003 suckler cow premium scheme on 14 February 2003 and has been paid her full entitlement under this scheme. The 80% advance payment, amounting to €3,586.40, issued to her on 20 October 2003 and the 20% balance payment of €896.60 issued to her on 1 April 2004.

The registered herd owner applied on 20 animals under the 2004 suckler cow premium scheme on 12 March 2004. Following an inspection of the herd on 9 July 2004 the application was cross-checked against the cattle movement monitoring system database where it was found that one of the animals applied on, tag number FBA799023, moved out of the herd on 5 May 2004. Paragraph 21 of the terms and conditions governing the 2004 suckler cow premium scheme provides that animals may be classified as acceptable replacements provided that replacement takes place within 20 days. In this instance, the replacement animal, tag number PWCD0086E, moved into the herd on 9 June 2004. My Department wrote to the registered herd owner on 17 November 2004 advising that animal tag number FBA799023 was rejected from her application as it had not been replaced within the required 20 day period and that the premium due on her remaining eligible animals would be subject to a reduction penalty to be calculated at the end of the scheme year. She was also advised that she could seek a review of this decision by writing to my Department within seven days and supplying any information that she believed would help her case. Processing of her 2004 suckler cow premium scheme application will be finalised on receipt of her response.

Bovine Disease Controls.

Billy Timmins

Question:

340 Mr. Timmins asked the Minister for Agriculture and Food the position with regard to a person who wishes to apply for a herd number; the criteria which must be fulfilled and the procedures which must be followed; and if she will make a statement on the matter. [29749/04]

The herd number system is an administrative arrangement under the bovine disease eradication schemes. A herd number is issued to the keeper of bovine animals, being a person, for the purposes of and solely in the interests of disease control for bovine animals. The same system, however, is used to identify applicants for various schemes operated by my Department. I emphasise that a herd number does not confer ownership of animals or lands tested under a herd number on any particular person acting as the keeper.

The main criteria taken into account in the allocation of a herd number are the herd is managed at all times as a separate unit without intermixing with other herds, for example, separate farm equipment, housing and fodder; adequate handling facilities are available to enable satisfactory testing to be carried out on each holding; and the herd has a distinct owner-manager, known as keeper, who can be legally responsible for breaches of the animal health regulations.

The general details in regard to applying for a herd number are outlined in the application form ER1, a copy of which I am arranging to send to the Deputy. Applications for a herd number must be submitted to the applicant's local district veterinary office. The local DVO will advise the person wishing to apply for a herd number should further details be required.

Grant Payments.

Seán Ryan

Question:

341 Mr. S. Ryan asked the Minister for Agriculture and Food the reason beef premium and suckler payments were not made to a person (details supplied) in County Tipperary for the years 2002, 2003 and 2004. [29764/04]

Seán Ryan

Question:

342 Mr. S. Ryan asked the Minister for Agriculture and Food the reason an area based payment was not granted to a person (details supplied) in County Tipperary. [29765/04]

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

I understand there are legal proceedings between members of the family involved in this case. As a result my Department is not in a position to identify the person entitled to payment of grants and accordingly payment must be withheld until the dispute is resolved.

Pat Breen

Question:

343 Mr. P. Breen asked the Minister for Agriculture and Food when a person (details supplied) in County Clare will receive headage payment; and if she will make a statement on the matter. [29766/04]

The person named has advised my Department of the death of her late husband, with whom she was registered as joint herdowner. My Department has asked that she provide a letter from her solicitor confirming that she is entitled to full ownership of the lands and stock. As soon as this information is received her applications for 2004 area- based compensatory allowance and 2004 suckler cow premium will be processed for payment.

John Perry

Question:

344 Mr. Perry asked the Minister for Agriculture and Food if she will again review the force majeure application of a person (details supplied) in County Sligo; and if she will make a statement on the matter. [29767/04]

The person named, having been notified that the circumstances outlined by him did not satisfy the criteria for force majeure-exceptional circumstances under Article 40 of Council Regulation (EC) No. 1782/2003, submitted an appeal to the independent single payment appeals committee. Following a full examination of the circumstances outlined in the appeal, the independent single payment appeals committee made a recommendation and a letter issued to the person named on 24 August 2004. The appeals committee found that the original decision taken by my Department should be upheld.

My Department has re-examined the circumstances of this case, taking account of the additional medical evidence submitted and has decided that the single farm payment entitlements for the person named will be based on the 1997-1999 reference period. A statement of provisional entitlements reflecting this position will issue shortly to the person named.

John Perry

Question:

345 Mr. Perry asked the Minister for Agriculture and Food if she will rescind the decision made on the force majeure of a person (details supplied); and if she will make a statement on the matter. [29768/04]

The person named, having been notified that the circumstances outlined by him did not satisfy the criteria for force majeure-exceptional circumstances under Article 40 of Council Regulation (EC) No. 1782/2003, submitted an appeal to the independent single payment appeals committee. Following a full examination of the circumstances outlined in the appeal, the independent single payment appeals committee made a recommendation and a letter issued to the person named on 29 September 2004. The appeals committee found that the original decision taken by my Department should be upheld.

My Department has re-examined the circumstances of this case, taking account of the additional medical evidence submitted and has decided that the reference year 2000 will be excluded from the calculation of the single farm payment entitlements for the person named and the entitlements will be based on the reference years 2001 and 2002 only. A statement of provisional entitlements reflecting this position will issue shortly to the person named.

John Perry

Question:

346 Mr. Perry asked the Minister for Agriculture and Food if a decision will be expedited on forestry payment for a person (details supplied); and if she will make a statement on the matter. [29769/04]

The forest service of my Department has been in contact with the person in question and awaits documentation from him.

Pat Breen

Question:

347 Mr. P. Breen asked the Minister for Agriculture and Food the reason a person (details supplied) in County Clare did not qualify for forestry premium; and if she will make a statement on the matter. [29831/04]

The person named was an applicant under the 1989 EEC scheme of compensatory allowances in respect of forestry paragraph 3(a) of the terms and conditions of the scheme: provided that the scheme will apply only to individual natural persons permanently engaged in agriculture who were in receipt of 1986, 1987 and 1988 grants under the sheep headage scheme or cattle and equine headage scheme or beef cow scheme in the disadvantaged areas.

As the person named did not receive grants under the disadvantaged areas schemes in 1986, 1987 and 1988, he was deemed ineligible and was notified of the decision in writing by my Department on 13 March 1990.

Decentralisation Programme.

Trevor Sargent

Question:

348 Mr. Sargent asked the Minister for Agriculture and Food the location to which the national council for forest research and development, COFORD, is to be decentralised. [30160/04]

The national council for forest research and development is a non-statutory agency under the aegis of my Department with a contract staff of five persons. It is located in Dublin, separate from the Department. No decision has been taken about its decentralisation.

Pension Provisions.

Trevor Sargent

Question:

349 Mr. Sargent asked the Minister for Agriculture and Food the pension arrangements in respect of the personnel in the work of the national council for forest research and development. [30161/04]

Three staff of the national council for forest research and development are members of the non-contributory pension scheme for non-established State employees and also of the spouses and children's contributory scheme for non-established State employees A further member of staff is on secondment from Coillte and is a member of the Coillte pension scheme. The remaining staff member is employed through an agency and the pension arrangements in this case are not a matter for this Department.

Departmental Expenditure.

Trevor Sargent

Question:

350 Mr. Sargent asked the Minister for Agriculture and Food if she will provide a breakdown of expenditure and estimated cost of expenditure outstanding by her Department on recently published books (details supplied); and if any of the expenditure is recoverable from the European Union or any other party. [30162/04]

The expenditure and projected income associated with the two recently published national council for forest research and development books Trees, Forests and the Law in Ireland and Irish Forestry — A Concise History are set out below.

Trees, Forests and the Law in Ireland

Income

Expenditure

Sales*

1,660.00

Authors

5,209.40

Printing

3,233.00

Projected Additional Sales:

6,980.00

Launch:

Venue

1,615.50

Invites

235.95

Photographer

428.00

Posters

50.00

Total:

8,640.00

Total:

10,771.85

*Postage and packaging is charged at cost.
Irish Forestry — A Concise History

Income

Expenditure

Sales*

390.00

Legal review

200.00

Printing

3,127.00

Projected Additional Sales:

8,600.00

Launch:

Venue

562.79

Invites

235.95

Copyright

235.00

Total:

8,990.00

Total:

4,360.74

*Postage and packaging is charged at cost.
There is no expenditure outstanding on these publications. The expenditure is not recoverable from the European Union or any other party.

Trevor Sargent

Question:

351 Mr. Sargent asked the Minister for Agriculture and Food if she will provide a breakdown (details supplied) of expenditure by or on behalf of the national council for forest research and development during the past 12-month period available; and if she will also provide an estimate of the cost of depreciation of any significant assets in use during the period and of services rendered to the national council for forest research and development by other units within her Department and other Departments or State agencies. [30163/04]

The breakdown of the national council for forest research and development costs for the calendar year 2003, by category requested, is set out below. There was no depreciation of any significant assets in use in 2003 and the national council for forest research and development did not avail of any services from its parent Department at that time, the Department of Marine, Communications and Natural Resources, or any other Department. A copy of the national council for forest research and development annual report for 2003 was made available to all Deputies.

Cost category

Advertising

13,630.01

Conferences/Seminars

18,535.87

Printing/Stationery

109,728.40

Projects

1,201,888.18

Rent/Phones

8,765.37

Researcher Training

7,659.16

Running Costs

185,073.08

Salaries

147,607.00

Travel & Subsistence

52,648.06

Total

1,745,535.13

EU Funding.

Trevor Sargent

Question:

352 Mr. Sargent asked the Minister for Agriculture and Food the reason the European Commission propose to disallow EU funds of circa €800,000 from the final claim under the forestry operational programme for agriculture and rural development 1994-1999; and the outcome of the proposal. [30164/04]

The European Commission has indicated that certain expenditure relating to staff costs for research and development under the forestry heading of the operational programme for agriculture and rural development, 1994-99, is ineligible for co-funding. Such expenditure had, however, been deemed eligible under the previous operational programme.

This matter has been in dispute for some time. It was agreed to exclude the expenditure in question from the formal closure of accounts procedure in 2003, on a ‘without prejudice' basis. My Department, which now has responsibility for this matter, hopes to bring this matter to a conclusion very shortly.

Tuberculosis Incidence.

Cecilia Keaveney

Question:

353 Cecilia Keaveney asked the Minister for Agriculture and Food, further to Question Nos. 97 of 8 October 2003 and 180 of 9 December 2003, the progress which has been made since to rectify tuberculosis problems that a number of herd owners are experiencing at a location (details supplied) in County Donegal; and if she will make a statement on the matter. [30165/04]

As stated in reply to Parliamentary Question No. 180 of 9 December 2003, a survey and sampling of badgers was conducted under licence in mid November 2003. A substantial proportion of the badgers were removed and these were sent for post mortem examination. A high rate of TB lesions was disclosed indicating a link with infection in the bovine herd from the local badger population. The disease situation in the area has improved since last year, with four herds restricted compared to six in September 2003. Epidemiological studies indicate that all of these cases are related to the original breakdown.

Milk Quota.

Jack Wall

Question:

354 Mr. Wall asked the Minister for Agriculture and Food the payments due to persons (details supplied) in County Kildare; further to previous parliamentary questions, the position regarding decoupling and the problems that they have now in regard to leasing and milk quotas; and if she will make a statement on the matter. [30201/04]

Having checked the Department's database using the details supplied, there is no evidence that any payments are due to the persons named. As indicated in previous replies in respect of the decoupled dairy premium, where a lease of lands and milk quota expires during the milk quota year, that part of the milk quota utilised by the lessee will be available to that person for the purpose of establishing the decoupled premium in 2005. The remainder of the leased quota will be transferred to the lessor, if the lease is not renewed. The lessor will be entitled to the decoupled dairy premium on the transferred quota if he or she is a milk producer during the 2004-05 milk quota year or commences milk production in his or her own right prior to May 2005.

Farm Management.

John McGuinness

Question:

355 Mr. McGuinness asked the Minister for Agriculture and Food further to a previous parliamentary question, the action she intends to take in the case of a person (details supplied) in County Kilkenny; the reason the farming agencies subject to her Department are not proactively searching for a solution to the problem or actively engaging with the person; if there is an aid package the person can avail of to ease the hardship caused by the exceptional circumstances of their case; if she and her senior officials will visit the farm; and if she will make a statement on the matter. [30210/04]

Following concerns expressed by a few farmers about animal production on individual farms in County Kilkenny, and in accordance with an established protocol, investigations involving several relevant agencies are under way. Staff from my Department have visited the farm concerned on several occasions. Likewise, Teagasc staff have been to the farm. Two inter-agency meetings have already been held about this matter involving my Department, Teagasc, the local authorities and the Environmental Protection Agency.

Grant Payments.

Beverley Flynn

Question:

356 Ms Cooper-Flynn asked the Minister for Agriculture and Food the grants that are available through her Department for marts; the number of such applications that have been made; the location of same; and the level of grant assistance sought. [30234/04]

Under my Department's capital investment scheme for the marketing and processing of certain agricultural products, up to 40% grant aid may be awarded for capital projects intended to improve the marketing and processing of products in the horticulture, potatoes, grain, egg packing and livestock, including marts, sectors. Awards are made following evaluation and taking account of the funding available. In the case of marts, grant assistance is geared towards the improvement of marketing facilities, with grant aid being prioritised towards rationalisation and relocation of existing enterprises.

Under the current call for proposals eight applications, seeking grant aid in the region of €6 million, have been received in respect of the following livestock marts: Castlerea Co-Op, Castlerea, County Roscommon; Connacht Gold Co-Op, Balla, County Mayo; Cork Co-Op, Cahir, County Tipperary; Cork Co-Op, Dungarvan, County Waterford; Cork Co-Op, Macroom, County Cork; Inishowen Co-Op, County Donegal; Kilkenny Co-Op Livestock Market Limited; Listowel Livestock Mart, Listowel, County Kerry. These applications are being evaluated and decisions will be made in the coming weeks in respect of those applications where all the necessary planning approvals have been obtained.

As the problem on the farm is a complex one, the approach has been to investigate as many factors as possible in a methodical, scientific way so that the most appropriate course of action can be pursued to try to identify the underlying cause. This work is ongoing and is being progressed as quickly as possible. The farmer concerned has been very much involved in all aspects of this investigation and has been kept fully informed at all times. My Department does not operate any scheme to alleviate hardship in circumstances such as are being encountered in this case. I am satisfied that this matter is being examined by those persons, within and outside my Department best qualified to carry out this work and I look forward to the result of that examination.

Paul Kehoe

Question:

357 Mr. Kehoe asked the Minister for Agriculture and Food if an application for the suckler cow premium by a person (details supplied) in County Wexford will be accepted. [30249/04]

The application period for the 2004 suckler cow premium scheme ran from 2 January 2004 to 30 June 2004. Applications received after 30 June but before the 26 July 2004 could be accepted subject to the application of a late penalty. No premium is payable on applications received on or after 26 July 2004.

The person named submitted his application under the 2004 suckler cow premium scheme on 9 November 2004. As the application was lodged after the closing dates outlined above, my Department advised him that his application could not be accepted. He was also advised that he could seek a review of this decision by writing to my Department and supplying any information that he felt would help his case.

To date, my Department has not received any request for review. If the person named wishes to seek a review on medical grounds he will need to provide a medical certificate covering the nature and dates of his illness.

Pat Breen

Question:

358 Mr. P. Breen asked the Minister for Agriculture and Food the reason a person (details supplied) in County Clare has not received area aid payment; and if she will make a statement on the matter. [30257/04]

The person named was selected for a good farming practice inspection in 2004. At inspection a discrepancy in the area of the holding was found. Pending resolution of the query payment of the 2004 area-based compensatory allowance could not be made. The problem has now been resolved and payment of the full amount due will be made to the person named shortly.

Human Rights Issues.

Caoimhghín Ó Caoláin

Question:

359 Caoimhghín Ó Caoláin asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the fact that non-nationals who were granted permission to remain here on the basis of their having Irish citizen children are facing discrimination by employers who wrongly believe that a decision (details supplied) retroactively stripped them of their employment rights; the way in which he intends to combat this problem; and if he will make a statement on the matter. [29993/04]

Caoimhghín Ó Caoláin

Question:

360 Caoimhghín Ó Caoláin asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the fact that non-nationals who were granted permission to remain here on the basis of their having Irish citizen children are facing discrimination in accessing rental accommodation through landlords who wrongly believe that a decision (details supplied) retroactively stripped them of their residency rights; the way in which he intends to combat this problem; and if he will make a statement on the matter. [29994/04]

Caoimhghín Ó Caoláin

Question:

383 Caoimhghín Ó Caoláin asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the fact that non-nationals who were granted permission to remain here on the basis of their having Irish citizen children are facing discrimination by landlords and employers who wrongly believe that a decision (details supplied) retroactively stripped them of their residency and employment rights; the way in which he intends to combat this problem; and if he will make a statement on the matter. [29998/04]

I propose to take Questions Nos. 359, 360 and 383 together.

The Employment Equality Acts 1998 to 2004 prohibit discrimination in the context of employment on nine grounds and the Equal Status Acts 2000 to 2004 prohibit discrimination regarding the provision of goods and services, including accommodation on the same nine grounds. Both sets of Acts prohibit discrimination on the basis of race, which includes nationality.

There are two independent bodies with statutory roles, the Equality Authority and the Equality Tribunal. The authority provides information and advice on any of the grounds, whether in an employment or non-employment area. A person may seek redress through the Equality Tribunal which has the power to refer a case for mediation or investigation. If the director of the tribunal finds in favour of the complainant, he or she may make an order for award of compensation and-or order a specific course of action to be taken.

Arising from commitments given by the Government at the 2001 UN Conference Against Racism in Durban and reaffirmed in Sustaining Progress, I will shortly launch the national action plan against racism. The plan will provide strategic direction to combat racism and to develop a more inclusive, intercultural society in Ireland. It will form the cornerstone of the Government's anti-racism policy. The labour inspectorate of the Department of Enterprise, Trade and Employment is responsible for monitoring certain employment conditions for all categories of workers in Ireland, including immigrant workers. It is open to inspectors to pursue allegations of worker mistreatment, to seek redress for the individuals concerned, and to refer matters to the appropriate legal officers for a decision on possible prosecution.

Drug Treatment Services.

Jim O'Keeffe

Question:

361 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform the position regarding compulsory drugs testing of prisoners; and if he will make a statement on the matter. [29663/04]

As envisaged in the programme for Government, the introduction of mandatory drug testing will be central to supporting future policy on drug supply and demand reduction in prisons. Already prisoners accommodated in the open centres at Shelton Abbey and Loughan House and in the designated drug-free areas of the training unit in the Mountjoy complex, St. Patrick's institution and Wheatfield Prison are required to undergo frequent drug tests to confirm their drug-free status.

Mandatory drug testing will, however, operate across the prison system. Crucially, it will, for the first time, provide firm information on the prevalence and nature of drug abuse in the prison system. It will disclose trends in drug misuse, enable identification and referral of drug abusers to treatment programmes, enable enhanced focusing of resources and act as a deterrent to drug misuse. Without this basic information, planning for treatment can never be as focused as it should be and resources can never be effectively targeted. The introduction of mandatory drug testing will allow the Irish Prison Service to deploy its resources in the most rational and productive manner. The new prison rules, which are at an advanced stage of preparation, will include specific provision for mandatory drug testing.

Sentencing Policy.

Jim O'Keeffe

Question:

362 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform the progress made to date on legislation laying down uniform guidelines and principles in relation to the punishment of offenders; and if he will make a statement on the matter. [29665/04]

The traditional approach to sentencing is for the Oireachtas to lay down the maximum penalty and for a court having considered all the circumstances of the case to impose an appropriate penalty up to that maximum. This approach reflects the doctrine of the separation of powers. The Executive lays down the possible punishment range but it is for the courts to decide the punishment to be applied to the offender taking account of the seriousness of the crime and all the circumstances of the case and of the offender.

With regard to drug offences, part II of the Criminal Justice Act 1999, which came into effect on 26 May 1999 provides in section 4 for the creation of a new offence related to the possession of drugs with a value of IR£10,000 or €13,000 or more for the purpose of sale or supply, which is punishable by up to life imprisonment. It also provides in section 5 that the court shall, in imposing sentence, specify a minimum period of imprisonment to be served of not less than ten years upon conviction for the offence.

Section 5 also provides, however, that a court is entitled to depart from the imposition of the minimum sentence where there are exceptional and specific circumstances relating to the offence or the person convicted of the offence which would make it unjust in all the circumstances to impose the minimum ten year sentence. Factors to which the court may have regard in this respect include whether the person pleaded guilty, and if so, the stage at which the person indicated the intention to plead guilty and the circumstances in which the indication was given, and whether the person materially assisted the investigation of the offence. I am considering bringing forward a number of amendments to strengthen these provisions by way of amendments to the Criminal Justice Bill 2004, which is before the House. I am also considering bringing forward several proposals for the creation of mandatory minimum sentences for certain firearm offences.

There are no plans to lay down uniform guidelines and principles on sentencing. The courts are in the best position to see just what is the proper sentence. They alone can take all the circumstances in a particular case into account and seek to ensure that the scales of justice are being properly balanced.

Judicial Conduct.

Jim O'Keeffe

Question:

363 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform the reason for the delay in fulfilling the promise made in the programme for Government regarding legislation for judicial conduct; and if he will make a statement on the matter. [29666/04]

Jim O'Keeffe

Question:

364 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform the details of the general scheme of the proposed legislation for judicial conduct; if the heads of the Bill will be published; and if he will make a statement on the matter. [29667/04]

Jim O'Keeffe

Question:

365 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform the anticipated date of publication of the legislation for judicial conduct; and if he will make a statement on the matter. [29668/04]

I propose to take Questions Nos. 363 to 365, inclusive, together.

The programme for Government promised legislation to provide effective remedies for complaints about judicial misbehaviour. The preparation of heads of a judicial council Bill is at an advanced stage in my Department, and I expect to be in a position shortly to bring the heads to Government for approval, with a view to publishing the Bill in the first half of 2005. The legislation will provide, among other things, a process for the investigation of complaints about judicial misbehaviour, including lay participation in such investigations.

It is my intention, as previously stated in answer to a question from the Deputy last July, to bring the heads of the Bill before the Oireachtas Joint Committee on Justice, Equality, Defence and Women's Rights when they have reached a suitable stage so that members of both Houses can have a pre-emptive look at how the legislation is developing. I am confident that the promised legislation will be enacted during the term of office of the present Government; so the question of a delay in fulfilling the promise made in An Agreed Programme for Government does not arise.

Departmental Funding.

Jim O'Keeffe

Question:

366 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform how much money was made available to the Judicial Studies Institute in each of the past four years; and if he will make a statement on the matter. [29669/04]

The sums of money made available to the Judicial Studies Institute in each of the past four years are as follows:.

Year

2001

317,435

2002

368,000

2003

400,000

2004

400,000

Garda Stations.

Seymour Crawford

Question:

367 Mr. Crawford asked the Minister for Justice, Equality and Law Reform if he intends to downgrade the status of the Garda headquarters in Monaghan town; if not, if Monaghan station will be upgraded in view of the failure to decentralise any worthwhile project to Monaghan town or the north Monaghan region; and if he will make a statement on the matter. [29681/04]

There are no plans to alter the status of Monaghan Garda station.

The Government has approved my proposal to increase the strength of the Garda Síochána to 14,000 members on a phased basis, in line with the agreed programme for Government commitment in this regard. This is a key commitment in the programme for Government, and its implementation will significantly strengthen the operational capacity of the force. The Commissioner will draw up plans on how best to distribute and manage these resources. The additional resources will be aimed at the areas of greatest need, as is envisaged in the programme for Government. The programme identifies particular areas with a significant drugs problem and a large number of public order offences, but it will be possible to address other priorities as well, such as the need significantly to increase the number of gardaí allocated to traffic duties. The additional gardaí will not be put on administrative duties. They will be put directly into frontline, operational, high-visibility policing. They will have a real impact.

Prisoner Transfers.

Mary Upton

Question:

368 Dr. Upton asked the Minister for Justice, Equality and Law Reform, further to Question No. 290 of 12 October 2004, his views on the fact that the person has been moved to a prison in the north of England; and the position regarding efforts to transfer this person to a prison here. [29702/04]

As I recently informed the Deputy, my Department has received the High Court warrant which allows for the transfer of this individual into this country and the continued enforcement of his prison sentence under the transfer of sentenced persons legislation.

However, Irish prison officers are required to provide the escort for prisoners transferring into this country under the legislation. Due to necessary cutbacks in overtime levels in the Irish Prison Service, as well as for operational reasons, it has been necessary for the Irish Prison Service to restrict such prison transfers into Ireland to one per month. Several prisoners are on the list for transfer. However, I have been assured that this transfer will be effected as soon as is practically possible.

National Drugs Strategy.

Enda Kenny

Question:

369 Mr. Kenny asked the Minister for Justice, Equality and Law Reform the progress being made in developing a co-ordinated framework on drug policy within each Garda district; and if he will make a statement on the matter. [29733/04]

I am informed by the Garda authorities that, since March 2004, the Garda structures for delivering local drugs strategies have been enhanced by the establishment of a specific co-ordinating framework for delivering the organisation's overall drug strategy. This co-ordinating framework involves the nomination of individuals at the following levels within the organisation: national, assistant commissioner; national support services; regional, detective superintendent; divisional, inspector; and district, sergeant. Part of the role of the nominated individuals is the compilation of divisional drug policing plans which reflect local priorities in terms of reduction of supply and demand for drugs.

Enda Kenny

Question:

370 Mr. Kenny asked the Minister for Justice, Equality and Law Reform the progress to date in establishing community policing fora; and if he will make a statement on the matter. [29734/04]

Two community policing fora have been established in the context of the national drugs strategy. These are operating on a pilot basis under the aegis of the north inner city and Finglas — Cabra local drugs task forces, respectively.

Also, the Garda Commissioner has established a community policing forum in Dublin's "A" Garda district on a pilot basis following extensive consultations between the gardaí and community interests. The establishment of community policing fora, in general, needs to be delivered in the context of an appropriate policy framework for what will be relatively new partnership structures involving the gardaí, local authorities and local communities to deal with a range of issues of mutual concern. Such a framework will ensure that community policing fora are developed in an appropriate, consistent and properly planned manner.

Work is well under way on the development of such a policy framework. The Garda Síochána Bill 2004 represents the most significant legislative reform of Garda structures since the foundation of the State. Included in its draft provisions are mechanisms for enhanced co-operation between the gardaí and local authorities through the establishment, on a statutory basis, of policing committees. It is intended that such committees will act as fora where matters relating to all aspects of policing can be discussed and where strategies and recommendations for dealing with issues arising locally can be decided. It is also intended that these policing committees will facilitate the establishment of local policing fora to address specific issues in local areas.

Drugs in Prison.

Enda Kenny

Question:

371 Mr. Kenny asked the Minister for Justice, Equality and Law Reform when he expects work on the prison drugs policy to be completed; when the policy will be put in place; and if he will make a statement on the matter. [29735/04]

Preparation of a drugs policy for the Irish Prison Service is at an advanced stage and I expect to publish it early next year. The new policy will facilitate consistent regulation and operational structure in pursuing both supply and demand reduction.

Proposed Legislation.

Enda Kenny

Question:

372 Mr. Kenny asked the Minister for Justice, Equality and Law Reform when he expects the drug offenders Bill to be published and brought before the Houses of the Oireachtas; and if he will make a statement on the matter. [29736/04]

The purpose of the drug offenders Bill as set out in the Government legislative programme, is to provide for the registration of convicted drug dealers with the gardaí and to provide for stiffer penalties for persons involved in the supply of drugs to a prisoner in accordance with the commitments in An Agreed Programme for Government. Work on preparation of the Bill is at a preliminary stage of examination and I am not yet in a position to indicate a timeframe for its publication. However, I am examining proposals on the creation of an offence of supplying controlled drugs to a prison or place of detention with a view to bringing forward appropriate amendments for inclusion in the Criminal Justice Bill 2004 which is currently before the House.

Paudge Connolly

Question:

373 Mr. Connolly asked the Minister for Justice, Equality and Law Reform his views on the increase in drugs and alcohol abuse in the north-east region; the strategies that are in place to deal with it; and if he will make a statement on the matter. [29752/04]

The Department of Community, Rural and Gaeltacht Affairs is the lead Department in tackling the problem of drug abuse as it co-ordinates the implementation of the National Drug Strategy across the four pillars of supply reduction, treatment, education-prevention and research. My Department and its associated agencies are mainly concerned with supply reduction. In that context, I am informed by the Garda authorities that there has been no noticeable increase in the incidence of abuse of controlled drugs in the north-eastern region. That does not imply any complacency in the matter. Drug law enforcement is a high priority in the region and a number of successful operations targeting known suppliers of illicit drugs have been conducted this year.

To ensure that a more co-ordinated response is in place to tackle the problem of drug misuse across the country, the National Drugs Strategy 2001-2008 provides for the establishment of ten regional drug task forces, or RDTFs. I understand from my colleague, the Minister of State at the Department of Community, Rural and Gaeltacht Affairs, that all of these task forces, including the north-eastern RDTF, are currently mapping out the nature and extent of drug misuse in their areas with a view to better co-ordination and addressing gaps in overall service provision.

In this context, €500,000 has been provided by the Department of Community, Rural and Gaeltacht Affairs in the current year for administrative and technical assistance costs incurred by the ten RDTFs in the preparation of their regional action plans. These plans will be completed by early 2005 and recommendations on the funding of the plans will then be brought to the Cabinet committee on social inclusion for approval.

The Department of Health and Children has primary responsibility for tackling the problem of alcohol abuse. The Minister for Health and Children established a strategic task force on alcohol in January 2002. The terms of reference requested the task force to review international research in order to identify evidence-based measures effective in preventing alcohol related harm. It was also requested to recommend specific, evidence-based measures to Government to prevent and reduce alcohol related harm in Ireland. The task force has published two reports which contain approximately 100 recommendations. These recommendations provide a blueprint for tackling alcohol problems in Ireland. The second report is due to go to Government in the near future. As is the case with drug abuse, the gardaí in the north-eastern region are proactive when it comes to law enforcement in the area of alcohol abuse.

Paudge Connolly

Question:

374 Mr. Connolly asked the Minister for Justice, Equality and Law Reform if he has formulated proposals to address this increasing problem of driving under the influence of drugs; and if he will make a statement on the matter. [29753/04]

Road traffic legislation is the responsibility of the Minister for Transport. The influence of drugs on driving behaviour is an issue of increasing concern. However, identification of the presence of drugs is more complex than for alcohol. It is illegal in Ireland to drive while under the influence of drugs to such an extent as to be incapable of having proper control of the vehicle. Section 49 of the Road Traffic Act 1961, as inserted by section 10 of the Road Traffic Act 1994, prohibits the driving of a mechanically propelled vehicle by a person while under the influence of an intoxicant. An intoxicant includes alcohol and drugs and any combination of drugs and alcohol. Enforcement of the law on drug driving is a matter for the gardaí. When a Garda suspects that a motorist is driving under the influence of any intoxicant, he or she may arrest the suspect under section 49 of the Road Traffic Act 1961.

The Medical Bureau of Road Safety continues to analyse specimens for the presence of drugs. Since 1 January 2002 all samples found under the legal limit for alcohol are automatically tested for the presence of a drug or drugs as well as cases where the gardaí request that a test for drugs take place. In order to advance research on drugs and driving in Ireland, additional funding was made available to the Medical Bureau of Road Safety for a two-year programme of drug analysis of blood and urine specimens, the results of which were published in June 2004. A total of 2,000 specimens were selected for drug analysis, 1,000 with results under the limit for alcohol and 1,000 over the limit. Of those samples with essentially zero levels of alcohol, 68% were positive for one or more drugs. The recently published Road Safety Strategy 2004-2006 proposes that the MBRS together with the department of forensic medicine at University College Dublin will put in place an education programme in drug recognition techniques for gardaí and doctors in order to further facilitate the operation of drug testing.

Citizenship Applications.

Paul Nicholas Gogarty

Question:

375 Mr. Gogarty asked the Minister for Justice, Equality and Law Reform when a decision will be made on the application for Irish citizenship by a person (details supplied) in County Dublin; and if he will make a statement on the matter. [29760/04]

I have been informed by officials in the citizenship section of my Department that the processing of the application for naturalisation from the person concerned has now been completed and that it is due to be forwarded to me for a decision in the coming weeks. I will inform the Deputy and the person concerned as soon as I have reached a decision in this case.

Refugee Status.

Bernard Allen

Question:

376 Mr. Allen asked the Minister for Justice, Equality and Law Reform the reason the application by a person (details supplied) for refugee status was rejected. [29775/04]

It is not the practice to comment in detail on individual asylum applications. Applications are processed in accordance with the provisions of the Refugee Act 1996, as amended and in particular having due regard to the definition of a "refugee" in section 2 of that Act which states that a refugee is a person who, owing to a well founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his or her nationality and is unable or, owing to such fear, is unwilling to avail himself or herself of the protection of that country; or who, not having a nationality and being outside the country of his or her former habitual residence, is unable or, owing to such fear, is unwilling to return to it.

In considering an asylum claim, consideration is given to the subjective and objective elements of the application. The subjective element of an asylum application concerns the applicant's individual circumstances as they are perceived and described by him or her. The objective element of the application concerns the relevant country of origin information which comes from a wide variety of sources including information from organisations such as the UNHCR, Amnesty International, the US State Department, Canadian Boards of Immigration and other EU member states as well as media and internet sources. In addition to these periodically updated sources, the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal have access to up to date news reports regarding events and developments in the countries concerned.

Asylum Applications.

Michael D. Higgins

Question:

377 Mr. M. Higgins asked the Minister for Justice, Equality and Law Reform the details of his response to the advice given by the UNHCR regarding the treatment of Iraqi asylum seekers, including those who have been rejected. [29783/04]

As the Deputy will be aware, processing of asylum applications in Ireland is carried out within an independent statutory framework as set out in the Refugee Act 1996, as amended. This Act provides for an investigation at first instance by the independent Office of the Refugee Applications Commissioner, ORAC, and any subsequent appeals by the independent Refugee Appeals Tribunal, RAT. The granting of refugee status in Ireland is considered in accordance with the definition of refugee contained in section 2 of the Refugee Act 1996, as amended.

In March 2003, UNHCR advised countries to suspend all forced returns to Iraq, and further requested the suspension of individual processing of asylum requests. The ORAC and RAT subsequently took a decision to suspend processing of applications for asylum from Iraqi nationals in light of this advice and as the rapidly evolving situation in Iraq had made meaningful analysis of applications unfeasible. Throughout 2003, ORAC and RAT liaised with UNHCR regarding their position on Iraq and the processing of Iraqi nationals.

ORAC re-commenced processing of Iraqi applicants in March 2004. Interviews were conducted with all Iraqi applicants on hands and these cases have since been determined at first stage. Given the length of time which has elapsed since their initial application, applicants were given the opportunity to submit any additional information which they wished to have taken into account in the determination of their case. In considering such applications and determining whether to grant refugee status, account was taken of the UNHCR advice to states on the possibility of persecution emanating from non-state agents currently active in Iraq and to the potential relevance of past persecution in determining whether to grant refugee status. Following this decision by ORAC, the RAT subsequently resumed processing of Iraqi cases on appeal as they arose.

In deciding whether or not to deport a person, including a failed asylum seeker, one of the factors considered is the refoulement provision in section 5 of the Refugee Act 1996, as amended. In relation to potential returnees to Iraq, the current situation in that country is assessed. Each case is considered on an individual basis and the situation in Iraq is monitored regularly to ascertain whether persons can be returned there. The current advice of the UNHCR on returns forms an important part of the assessment of the Iraqi caseload.

Garda Disciplinary Proceedings.

Ciarán Cuffe

Question:

378 Mr. Cuffe asked the Minister for Justice, Equality and Law Reform if he intends to publish the internal Garda review into the events at the reclaim the streets manifestation in Dublin city centre on 6 May 2002. [29803/04]

The circumstances surrounding the events of the demonstration in Dublin on 6 May 2002 were investigated by the Garda Síochána and as a result of that investigation, a file containing certain recommendations was forwarded to the Director of Public Prosecutions for his directions. Prosecutions were instigated in a number of cases and while some cases have been dealt with by the courts others are still pending. Separately, certain civil actions have been initiated arising from the events of that day. In all the circumstances, I do not think it would be appropriate for me to comment further at this stage.

Alcohol Promotions.

Richard Bruton

Question:

379 Mr. R. Bruton asked the Minister for Justice, Equality and Law Reform if the new provision planning drink promotions at concessionary prices is in force; if publicans are entitled to designate a certain night of the week on which drink will be available cheaper on their premises; and if he will make a statement on the matter. [29813/04]

The position is that section 20 of the Intoxicating Liquor Act 2003 prohibits the supply of intoxicating liquor at a reduced price during a limited period on any day. It is intended to discourage practices which may lead to excessive consumption of intoxicating liquor, such as "happy hours" and it came into operation on 18 August 2003. For the purposes of section 20, "reduced price" is defined as a price less than that regularly being charged for the intoxicating liquor during an earlier period after 10.30 a.m. on the day concerned and after 12.30 p.m. on a Sunday. It does not, therefore, prohibit commercial practices such as an annual wine sale or a product promotions taking place over one or more days, as long as intoxicating liquor is not sold at a reduced price during a limited period after 10.30 a.m. on any day.

Section 22 of the 2003 Act provides for the making, should the need arise, of regulations prohibiting or restricting a licensee from doing or permitting, for the purposes of promoting the licensee's business or any event or activity taking place on the licensed premises, anything that is intended or likely to encourage persons on those premises to consume intoxicating liquor to an excessive extent.

Departmental Correspondence.

Caoimhghín Ó Caoláin

Question:

380 Caoimhghín Ó Caoláin asked the Minister for Justice, Equality and Law Reform if he will provide a substantive response to correspondence he has twice received from this Deputy in the matter of a person (details supplied) in County Donegal. [29816/04]

I expect that the Deputy will by now have received my recent response to him on the matter he has raised.

Garda Strength.

Paul McGrath

Question:

381 Mr. P. McGrath asked the Minister for Justice, Equality and Law Reform further to Parliamentary Question No. 293 of 12 October 2004, if he is unable to give the population of gardaí in sub-districts and the way in which he can thus ensure that Garda resources are allocated appropriately in heavily populated areas; and if he will make a statement on the matter. [29838/04]

Population statistics do not correlate to Garda sub-district boundaries. Following each census of population the Central Statistics Office, on completing its analysis, supplies the Garda Síochána with population figures for each Garda division and district only. The 1996 data is the most recent available, as the breakdown from the 2002 census has not yet been supplied. However, in conjunction with the CSO, a programme is underway to further sub-divide the 2002 data. This will enable the Garda Síochána to quantify the population of Garda sub-districts. It is expected that this additional information will be available in early 2005. District and divisional data will continue to be produced.

I have been informed by the Garda authorities, who are responsible for the detailed allocation of resources, that Garda personnel allocation throughout the country is continually monitored and reviewed by Garda management to ensure that the optimum use is made of Garda personnel. The Government has approved my proposal to increase the strength of the Garda Síochána to 14,000 members on a phased basis, in line with the agreed programme for Government commitment in this regard. This is a key commitment in the programme for Government, and its implementation will significantly strengthen the operational capacity of the force. The Garda 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 areas with a significant drugs problem and a large number of public order offences, but it will be possible to address other priorities as well, such as the need to significantly increase the number of gardaí allocated to traffic duties. One thing I have promised is that the additional gardaí will not be put on administrative duties. They will be put directly into front line, operational, high visibility policing. They will have a real impact.

Departmental Correspondence.

Denis Naughten

Question:

382 Mr. Naughten asked the Minister for Justice, Equality and Law Reform if he will furnish a reply to correspondence as outlined in the reply to Question No. 1072 of 29 September 2004; and if he will make a statement on the matter. [29955/04]

I intend to furnish a reply to the correspondence in question in the near future.

Question No. 383 answered with QuestionNo. 359

Registration of Title.

Michael Ring

Question:

384 Mr. Ring asked the Minister for Justice, Equality and Law Reform if the Land Registry Office will expedite any applications pending on a folio for a person (details supplied) in County Mayo; and when this matter will be finalised. [29999/04]

I am informed by the Registrar of Titles that this is an application under Section 49 (acquisition of title by virtue of long possession) of the Registration of Title Act 1964, which was lodged on 4 August, 2004 — dealing No. D2004SM006422R refers. Due to their complicated nature, applications under section 49, which require detailed examination of claims for registration as owners, can take some time to process. Accordingly, it is not possible to estimate a completion date at this stage. The application is receiving attention in the Land Registry and will be completed as soon as possible.

Garda Stations.

Michael Ring

Question:

385 Mr. Ring asked the Minister for Justice, Equality and Law Reform when a Garda station (details supplied) in County Mayo will be officially opened; and if the new station has the PULSE computer system. [30000/04]

I have no plans, at this time, to officially open the Garda station at the location referred to by the Deputy, which has been completed and is occupied. I am informed by the Garda authorities that their intention is to provide a PULSE connection to the station in the new year.

Communications Masts.

Tony Gregory

Question:

386 Mr. Gregory asked the Minister for Justice, Equality and Law Reform, further to Question No. 235 of 16 November 2004, if such a survey will be carried in view of the fact that it is standard annual practise in many other countries; and if he will make a statement on the matter. [30114/04]

I am informed by the Garda authorities that, they do not intend to carry out a survey of the electromagnetic field strength of the mast at the station referred to by the Deputy. In my reply to the Deputy to Parliamentary Question No. 168 of 4 November 2004, I outlined the approach being adopted generally by the Garda Síochána to the measurement of the electromagnetic field strengths on masts located at Garda stations. Comreg, which is the licensing authority, also commissions independent surveys to ensure service providers and the Garda Síochána comply fully with licence conditions which includes emission limits in compliance with the guidelines of the International Commission for Non-Ionising Radiation.

Closed Circuit Television Systems.

Joe Costello

Question:

387 Mr. Costello asked the Minister for Justice, Equality and Law Reform when the recommendations of the expert committee on the installation of closed circuit television cameras in an area (details supplied) in Dublin city will be published; the number of gardaí who are employed full time in dealing with the problem of prostitution in the area; the number of women who have been arrested for soliciting in the area for each of the past five years; the number of men who have been arrested for soliciting the services of prostitutes in each of the past five years; the number of pimps living off immoral earnings in the area who have been arrested in each of the past five years; the number of prosecutions and the number of convictions in all these cases; and if he will make a statement on the matter. [30115/04]

I am informed by the Garda authorities that local Garda management is aware of the current problems in the Montpelier Hill — Arbour Hill — Benburb Street area. The Montpelier Hill area and surrounding streets are the subject of regular foot and mobile patrols by both uniformed and plain clothes gardaí. Two gardaí are employed full time in dealing with prostitution in the area concerned. I am assured the current legislation under the Criminal Law (Sexual Offences) Act 1993 is being used by the gardaí and that the area will continue to receive close attention. The number of women arrested for soliciting in the area for each of the past five years is as set out hereunder:

Year

Arrests

1999

24

2000

44

2001

44

2002

97

2003

89

The number of men arrested for soliciting the services of prostitutes in the area for each of the past five years is as set out hereunder:

Year

Arrests

1999

31

2000

22

2001

44

2002

63

2003

58

There have been no arrests in respect of persons living off immoral earnings in the area from 1999 to 2003 inclusive. The number of prosecutions and the number of convictions in all of the cases above are as follows:

Year

Women

Men

Prosecuted

Convicted

Prosecuted

Convicted

1999

24

22

31

22

2000

44

21

22

09

2001

44

20

44

16

2002

97

66

63

25

2003

89

44

58

42

The CCTV advisory committee, established by the Garda Commissioner to advise on CCTV matters, has received a report from the chief superintendent of the north central division of the Dublin metropolitan region which encompasses the area in question, outlining the CCTV requirements of the division. The advisory committee is still considering this report and is not in a position to make recommendations on the matter to the commissioner at present.

Visa Applications.

Jim O'Keeffe

Question:

388 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform if a holiday visa for a person (details supplied) will be approved. [30117/04]

The visa in question was approved by my Department on 18 November 2004.

Road Traffic Offences.

Martin Brady

Question:

389 Mr. M. Brady asked the Minister for Justice, Equality and Law Reform the number of prosecutions for non-tax or insurance; and the number of vehicles confiscated. [30118/04]

The number of prosecutions for non-tax or insurance in which proceedings commenced in 2003 is as follows:

No road tax

16,451

No Insurance

30,430

Between 1 January 2003 and 31 December 2003, the number of vehicles seized under the provisions of section 41 of the Road Traffic Act 1994 is 9,800.

Martin Brady

Question:

390 Mr. M. Brady asked the Minister for Justice, Equality and Law Reform the number of vehicles, that is, cars and motorcycles in Garda stations (details supplied). [30119/04]

The number of vehicles in the Garda stations referred to by the Deputy is as follows:

Station

Make and Model

Raheny

Fiat Punto (1)

Renault Megane 1.6 (1)

Toyota Corolla 1.4 (1)

Toyota Avensis (1)

Ford Transit (1)

Ford Mondeo 2.0 (1)

Coolock

Toyota Corolla 1.4 (5)

Ford Transit (2)

Ford Mondeo 2.0 (1)

Howth

Kawasaki GT 550 (1)

Ford Focus 1.4 (1)

Ford Mondeo 2.0 (1)

Toyota Corolla 1.4 (1)

Probation and Welfare Service.

Martin Brady

Question:

391 Mr. M. Brady asked the Minister for Justice, Equality and Law Reform if he will report on the Donaghmede probation office, including the number of staff engaged on duties and the number of offenders dealt with weekly; and if he will meet with the Donaghmede residents association to discuss the centre. [30120/04]

The probation office in Donaghmede opened to its clients at the end of March 2004. Since then it has seen an average of 58 clients every month. The offices accommodate two teams of 12 probation and welfare officers, two senior probation and welfare officers and two clerical officers. One team covers the local catchment area while another specifically deals with referrals under the Children Act 2001. A monitoring group for the office was established comprising representatives of the traders of the shopping centre, the property management group, the probation and welfare service and the gardaí under an independent chairperson. Representatives of the residents association have declined participation in the group to date.

The monitoring group will report to me after a period of 12 months of operation of the office with regard to any increase in criminality which is found to be linked to the operation of the probation and welfare service in Donaghmede shopping centre. It is my intention to take action, if in the collective opinion of the monitoring group, it transpires that the presence of the probation and welfare office in the shopping centre is linked to a significant rise in crime in the area.

Garda Stations.

Martin Brady

Question:

392 Mr. M. Brady asked the Minister for Justice, Equality and Law Reform if there are plans to refurbish Coolock Garda station. [30121/04]

All Garda accommodation is kept under review by the Garda authorities. Although there are no plans at present to refurbish Coolock Garda station, the Garda housing officer is due to visit the station with a view to determining the future accommodation requirements there.

Garda Deployment.

Martin Brady

Question:

393 Mr. M. Brady asked the Minister for Justice, Equality and Law Reform when it is planned to replace gardaí on clerical duties with civilian staff. [30122/04]

I refer the Deputy to my response to Question No. 428 of 17 November 2004. In 2001 the Government approved an extensive programme of civilianisation to be introduced on a phased basis over a number of years. The programme provided for the civilianisation of a number of technical and administrative posts in the short, medium and long term, the transfer of the finance function from Garda district clerks to civilian staff, and the transfer of civilian staff from my Department to the Garda Síochána as civil servants of the State.

The transfer of civilian staff of my Department to the Garda Síochána is provided for in the Garda Síochána Bill 2004 which is currently before the Oireachtas, while the transfer of the finance function is now almost complete. However, the next phase of the civilianisation programme including the civilianisation of the posts above will have to be rolled out within the confines of the Government decision of 4 December 2002, which placed a cap on numbers across the civil and public service. My Department is currently reviewing the position with both the Department of Finance and Garda management as to how we will proceed further with Garda civilianisation in the context of the overall constraints of civil and public service numbers.

Martin Brady

Question:

394 Mr. M. Brady asked the Minister for Justice, Equality and Law Reform the number of gardaí in the drug squad unit in the Dublin north-east area (details supplied). [30123/04]

I am informed by the Garda authorities, which are responsible for the detailed allocation of resources, that the personnel strength of the drug squad unit in the Dublin north-east area as at 22 November 2004 was 26, all ranks. I am very pleased to say that the Government has approved my proposal to increase the strength of the Garda Síochána to 14,000 members on a phased basis, in line with the agreed programme for Government commitment in this regard. This is a key commitment in the programme for Government, and its implementation will significantly strengthen the operational capacity of the force. The Commissioner will 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. One thing I have already promised is that the additional gardaí will not be put on administrative duties. They will be put directly into front line, operational, high visibility policing and they will have a real impact.

Garda Operations.

Martin Brady

Question:

395 Mr. M. Brady asked the Minister for Justice, Equality and Law Reform if, in view of the fact that motor tax is computerised, there are plans to release gardaí from duties of checking tax discs to enable them to carry out more essential duties. [30124/04]

The enforcement of motor tax offences is the responsibility of the Garda Síochána. The checking of vehicles for motor tax is not a stand alone function of the Garda Síochána but is carried out whilse checking vehicles and drivers for other violations of road traffic and transport law, such as driving licence, insurance, drink driving, seat belt wearing, illegal haulage, tachograph and road worthiness of vehicle offences. There is further added value to the carrying out of such checks in terms of crime prevention and detection. The Garda authorities have no plans to divert personnel from such enforcement duties. The Government has approved my proposal to increase the strength of the Garda Síochána to 14,000 members on a phased basis, in line with the agreed programme for Government commitment in this regard. This is a key commitment in the programme for Government, and its implementation will significantly strengthen the operational capacity of the force. The commissioner will 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. One thing I have promised is that the additional gardaí will not be put on administrative duties. They will be put directly into front line, operational, high visibility policing and they will have a real impact.

Garda Recruitment.

Martin Brady

Question:

396 Mr. M. Brady asked the Minister for Justice, Equality and Law Reform the number of Garda recruits who can be accommodated in Templemore training centre on an annual basis; and if there are plans to extend the training centre. [30125/04]

The Garda college currently has a capacity to induct a maximum of 640 trainees per annum. Accommodation is provided for trainees at the Garda college and externally by the operation of the student living out programme, which may be extended as the need arises. As part of my proposal to increase the strength of the force to 14,000, in line with the Government's commitment set out in An Agreed Programme for Government, the Garda will recruit 1,096 trainees in each of the next three years. To facilitate this accelerated recruitment, a significant enhancement of the Garda college facilities is underway.

A new four-storey block will be built which will provide for central administration and free up the teaching blocks for classroom use. New library and gymnasium facilities will also be provided and existing catering and canteen facilities will be expanded. The plans for all of this are being advanced by the Office of Public Works and construction will be completed by the end of next year in time for the peak inflow of new recruits to the college. Work will also be undertaken to relocate the tactical training facility, which will be displaced by the new building.

In addition, the Garda Commissioner will temporarily move the majority of in-service training out of the Garda college to a new location. This will enable the Garda college to concentrate mainly on training new recruits arising from the accelerated recruitment campaign. The OPW has advertised for expressions of interest in the provision of the new accommodation for in-service training. This outsourced facility will provide accommodation for up to 100 gardaí, with classroom and lecture facilities.

Departmental Staff.

Joe Costello

Question:

397 Mr. Costello asked the Minister for Justice, Equality and Law Reform with regard to the decision to sell his headquarters at St. Stephen’s Green, the number of staff to be relocated; the number of staff who have relocated to date; the alternative offices and premises that have been acquired for this purpose; if such premises have been purchased or leased in each case; and the purchase cost or annual rental of each such property in each case. [30186/04]

Some 305 staff relocated from my Department's headquarters at 72-76 St. Stephen's Green in late 2003 to alternative accommodation at 94 St. Stephen's Green, Block C, Ardilaun House on St. Stephen's Green and the Old Faculty Building on Shelbourne Road in Ballsbridge. Some of this accommodation was already under lease by the Office of Public Works. This includes one floor at 94 St. Stephen's Green and the ground floor in Block C, Ardilaun House. The Old Faculty Building, Shelbourne Road is in State ownership. The cost of leasing extra office space at 94 St. Stephen's Green is €357,150 per annum. The sale of 72-76 St. Stephen's Green realised €52.3 million.

Garda Operations.

Ciarán Cuffe

Question:

398 Mr. Cuffe asked the Minister for Justice, Equality and Law Reform if he has an estimate for the amount of time spent by the Garda Síochána in the past year in responding to false alarms from automatic domestic alarms (details supplied); his views on whether this is a wise use of resources; and if he will make a statement on the matter. [30203/04]

The Garda authorities are not in a position to quantify the amount of time spent answering false alarms. The Garda authorities have conducted a review of policy on this matter and I am advised that they are now in discussion with the security industry on revised arrangements. Agreement on revised arrangements should have a significant effect in reducing the number of false alarms.

Film Censorship.

Jack Wall

Question:

399 Mr. Wall asked the Minister for Justice, Equality and Law Reform his views on correspondence (details supplied); and if he will make a statement on the matter. [30251/04]

The Office of Film Censor was created by the Censorship of Films Act 1923. The film censor is appointed to undertake the functions provided for in this and subsequent legislation, including the Video Recordings Act 1989. As the film censor is independent in the exercise of his official functions, it would be inappropriate for me to intervene in individual cases. Section 8 of the Censorship of Films Act 1923 provides for review of decisions made by the film censor on foot of the provisions of the Act.

Citizenship Applications.

Martin Ferris

Question:

400 Mr. Ferris asked the Minister for Justice, Equality and Law Reform if a migrant worker who has been made illegal for a period of time through no fault of their own may apply that time to their five years residency requirement for naturalisation. [30296/04]

As the Deputy has not provided details of a particular case, I will set out the general position. The acquisition of Irish citizenship through the naturalisation process is a privilege, rather than a right. The discretionary nature of the naturalisation process is in keeping with international practice. It is not the case, therefore, that a person who is resident here has a right to naturalisation after a certain period of time, even an extended period of time. All decisions on naturalisation, even where all the statutory conditions for naturalisation have been fulfilled, have been made at the "absolute discretion" of the Minister for Justice, Equality and Law Reform since 1935.

The granting of permission to a non-national to reside in the State for an extended period of time is not contingent on the acquisition of Irish citizenship. Many non-nationals who reside here have not applied for Irish citizenship, in some cases because it would impact upon their citizenship of origin. Section 15(d) of the Irish Nationality and Citizenship Act 1956 provides that an applicant for a certificate of naturalisation must have one year’s continuous residence in the State immediately before the date of application and, during the eight years immediately preceding that period, must have had a total residence in the State amounting to four years.

Section 16A of the Irish Nationality and Citizenship Act, 2001 qualified that residency requirement to the effect that when calculating residence in the State in respect of an applicant for naturalisation who is required to have permission to reside in the State, no period will be reckoned where the applicant does not have such permission. In addition, any time spent seeking to be recognised as a refugee or for the purpose of study must also be discounted. Any non-national who has not completed the requisite period of residence at the time of his or her application for naturalisation can reapply when he or she has completed the requisite period. Failure to acquire citizenship does not preclude the granting or retention of residency permission.

Deportation Orders.

Aengus Ó Snodaigh

Question:

401 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the number of Irish citizen children removed with their non-national parents during the mass deportation of 16 November 2004; the countries to which they were sent; if there was a similar mass deportation on 17 November 2004; if so, the number of Irish citizen children removed with their non-national parents; and the countries to which they were sent. [30297/04]

A total of 71 persons were returned to Romania and Moldova on a chartered aircraft on the night of 16 November 2004 in an operation carried out by the Garda national immigration bureau. Some 47 adults and ten minors were brought to Romania and 14 adults were brought to Moldova. In addition to the 71 persons removed, an Irish-born child was taken back to Romania by her mother, who indicated that she wished to return to that country. It is misleading to characterise the operation that took place as a mass deportation, as that term implies that an individual consideration of cases had not taken place. Individual consideration was afforded in every case, in accordance with the relevant legislation.

Garda Síochána Band.

Aengus Ó Snodaigh

Question:

402 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the current strength of the Garda Síochána band; the total cost of running same; the number of overtime hours involved in 2003 in running the band; if the gardaí assigned to the band have other policing duties; if consideration has been given to ending the band and reallocating its number to front-line policing duties. [30299/04]

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

Garda Equipment.

Aengus Ó Snodaigh

Question:

403 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if he will report on the guidelines for deployment of less lethal weapons authorised for use by the emergency response unit; if his attention has been drawn to the fact that the Minister for Defence has indicated that he will publish such guidelines if these weapons are adopted for use by the Defence Forces on ACP operations; if the PSNI guidelines for deployment are in the public domain; if his attention has further been drawn to the fact that each instance of use is automatically scrutinised by the Police ombudsman; and if he has similar plans for this jurisdiction when the ombudsman commission has been created. [30301/04]

On 19 November 2002, the Government noted my proposal to authorise the introduction of three "less than lethal" devices for use by the Garda emergency response unit when it is necessary to avoid the use of firearms. The use of "less than lethal" devices is restricted to the unit. Guidelines on the use of authorised less lethal weapons by the Garda are constantly under review to reflect operational and technological developments in less lethal alternatives. The guidelines are an operational matter for the Garda Commissioner. The operation of such weapons by the Defence Forces is a matter for the Minister for Defence. The guidelines for use of such weapons by the PSNI and the publication of such guidelines are matters for the PSNI. Instances of use of "less lethal" devices by the PSNI are referred to the police ombudsman whose role is to investigate the circumstances in which they were used.

One of the key objectives of the Garda Síochána Bill 2004, which will commence Committee Stage in the Seanad soon, is the establishment of an independent Garda ombudsman commission to replace the existing Garda Complaints Board. The primary function of the ombudsman commission will be to investigate complaints by members of the public against members of the Garda. It will have comprehensive powers of investigation and ultimate control and oversight of all complaints processed in accordance with the provisions of the Bill. It will have the power to investigate any case involving the Garda in which death or serious harm to a person has occurred, if such an investigation is desirable in the public interest or if it appears to the commission that a member of the Garda may have committed an offence or behaved in a manner that would justify disciplinary proceedings. Proposals for the establishment of the ombudsman commission are contained in the Garda Síochána Bill 2004.

Citizenship Applications.

Aengus Ó Snodaigh

Question:

404 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the number of naturalisation applications made since 1997 in total and by category; the number and percentage of such applications granted in total and by category; the number of such applications pending decision in total and by category; the total number and percentage of refusals in each category; and the reasons therefor. [30302/04]

Some 15,015 applications for naturalisation were received from 1997 until the end of October 2004, of which 10,603 were received after 1 January 2002. Certificates were issued in 6,422 cases, or 42.77% of all cases and 1,075 applications, or 7.16% of the total, were refused in the same period. Some 7,518 applications, or 50.07% of the total, were outstanding at the end of October 2004. It should be noted that the numbers of certificates issued or applications refused in the aforementioned period do not necessarily refer to applications received during that same period.

Statistical information available in the citizenship section of the Department of Justice, Equality and Law Reform has always been based on the number of applications received, certificates issued and applications refused. Records are not maintained in a way that would permit the reasons for decisions to grant or refuse applications to be quantified objectively. Reasons for refusing a certificate of naturalisation include non-compliance with residency requirements, not being of good character and long-term dependency on State support.

Prisons Inspectorate.

Aengus Ó Snodaigh

Question:

405 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the reason for the delay in publishing the annual report for 2003 of the prisons inspectorate; when it is likely to be published; and if and when he will take the necessary steps to establish the prisons inspectorate as an independent statutory organisation with adequate resources. [30303/04]

Under his terms of reference, the Inspector of Prisons and Places of Detention is required to submit a written report on his activities to the Minister for Justice, Equality and Law Reform each year. I arranged for the publication of the first annual report of the inspector, which was provided in 2003. The inspector submitted his second annual report to my office in May 2004. The second report raises certain legal issues that need to be addressed, however. I am in correspondence with the inspector to ascertain if the issues can be resolved so that we can proceed to the publication phase as soon as possible.

The Inspector of Prisons and Places of Detention has a staff of three persons — a special adviser, an executive officer and a personal assistant — assigned to his office. The creation of additional posts in the Civil Service, including in the Inspector of Prisons and Places of Detention's office, is precluded by a Government decision taken in December 2002. The inspector also avails of the services of a number of experts in a range of fields to assist him in fulfilling his duties, as and when he believes it necessary and appropriate. The question of establishing independent inspection arrangements on a statutory basis is under consideration.

Prisoner Complaints Procedures.

Aengus Ó Snodaigh

Question:

406 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to any other cases either past or pending apart from that of a person (details supplied) by former prisoners against the State due to the use of solitary confinement as a form of punishment within the State’s prisons. [30304/04]

The Irish Prison Service does not use solitary confinement, although there is provision in the prison rules for the use of close confinement. I am not aware of any such other claims by former prisoners.

Irish Prison Service.

Jim O'Keeffe

Question:

407 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform the reason overtime payments are made on the same basis to prison officers at a prison which has no inmates as to prison officers at a prison which has inmates; and if he will make a statement on the matter. [30322/04]

Jim O'Keeffe

Question:

408 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform if it is less costly for the State to engage serving prison officers or a private security firm to maintain a presence at unoccupied prisons; and if he will make a statement on the matter. [30323/04]

Jim O'Keeffe

Question:

409 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform the amount paid in overtime to prison officers serving at Fort Mitchell Prison and the Curragh Prison since their closure, up to 18 November 2004; and if he will make a statement on the matter. [30324/04]

I propose to take Questions Nos. 407 to 409, inclusive, together.

I refer the Deputy to the answers provided to Questions Nos. 228 and 299 of 16 November 2004, which are relevant to the matter in hand. I said on that date that a small cohort of prison staff is assigned to duties at the Curragh and Fort Mitchel for security reasons and because of the need to carry out essential maintenance. I indicated that there are 11 and 12 staff serving at the Curragh and Fort Mitchel, respectively, and that overtime payments paid to them are made on the same basis as overtime payments at all other locations in the Prison Service. Overtime is necessary in the prisons because of the pattern of cover required to maintain security all day, every day and the small number of staff providing that cover. Approximately €162,000 was paid in overtime to prison officers serving at the Curragh and Fort Mitchel from the time they were mothballed until 30 September 2004. Up-to-date figures are not available. It should be noted that Fort Mitchel was fully operational until it was mothballed on 10 February 2004 and the Curragh was fully operational until it was mothballed on 20 January 2004.

Serving prison officers are being used, rather than a private security firm, because there was no question of staff losing their jobs as a result of the mothballing of the Curragh and Fort Mitchel. It made sense to retain a small cadre of the staff from the institutions rather than retaining private security firms which would have incurred additional costs. It would not have been appropriate to retain a private security firm, given that the institutions were not being closed, but mothballed so they can be reopened at short notice if the Government decides on that course of action.

As I said, the Prison Service has saved over €6 million in respect of pay costs for both facilities in the first nine months of 2004, compared to the same nine-month period in 2003. Significant overall savings have been made in prison officer overtime in 2004. The mothballing of the Curragh and Fort Mitchel continues to achieve the Government's objective of significantly reducing overtime levels in the Prison Service. Most of the staff from the institutions have been redeployed to effect overtime savings in other Prison Service institutions.

Both institutions' staffing arrangements are under continuing review. Any decision on their future will have regard to ongoing discussions between the Irish Prison Service and the Prison Officers' Association on eliminating overtime and reducing other costs. The discussions are close to being concluded. I am hopeful that an agreement will be finalised in the next month or so and that staff will ballot for acceptance.

Departmental Reports.

Jim O'Keeffe

Question:

410 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform the reason a response has not issued pursuant to an undertaking given in response to Question No. 239 of 22 June 2004; if he will respond to it forthwith; and if he will make a statement on the matter. [30325/04]

The compilation of the information requested by the Deputy took longer than originally anticipated. The delay in dealing with this matter is regretted. The information is as follows:

Title of Report

Reason Publication has not taken place

Policy Research Relating to Victim Support Organisation

Not intended for publication

Two confidential reports on the security of the Department’s Information Technology Systems

Not intended for publication due to security considerations

A Training Needs Analysis and Development of a Professional Development Programme for the Assistant Principal Grade

Not intended for publication. Circulated to the Assistant Principal Grade

Information Management and Technology Strategy for the organisations under the auspices of my Department and Divisions of the Department directly involved in the asylum process and related immigration processes

Not intended for publication, internal relevance only

A Study on the Irish Automated Fingerprint System and to analyse options in order to meet EURODAC requirements

Not intended for publication, internal relevance only

Recommendations/options as to the implementation of a new generation of fingerprint technology to serve my Department, the Office of the Refugee Applications Commissioner and the Gardaí

Not intended for publication, internal relevance only

An Examination of the Cultural Diversity Issues impacting on the operation of the Office of the Refugee Applications Commissioner

Not intended for publication, internal relevance only

A review of the Office of the Refugee Applications Commissioner.

Not intended for publication, internal relevance only

A Strategy Review and Analysis of the Refugee Documentation Centre

Not intended for publication, internal relevance only

29th Interim Report — Inquiry to Examine all aspects of practice and procedure relating to Personal Injuries Litigation

Publication of the report will be arranged shortly

Good Practice guidelines for persons involved in video recording interview

The guidelines are currently under consideration by my Department

Strategic Review by the Gardaí of Traffic Policing

This is a review carried out internally by the Gardaí of an operational area to assist them in their planning for better carrying out their operational duties in the area of law enforcement. Not intended for publication.

A Review and Evaluation of the Pilot Voluntary Assisted Return Programme

Not intended for publication, internal relevance only.

Inspector Of Prison and Places of Detention Annual Report 2003-2004

This report raises certain legal issues that need to be addressed. I am in correspondence with the Inspector in relation to this matter so that the publication phase may be proceeded to as soon as possible

The Interim Parole Board Annual Report 2003

It was necessary to translate this report into Irish in order to comply with the Official Languages Act 2003, as well as arranging to have it formally printed. This process has now been completed and it is expected that the annual report will be published in the immediate future.

Evaluation of the Irish Prison Service Sexual Offender Intervention Programmes

This report was received by my Department in May 2004. Work is currently ongoing on a synopsis version of this lengthy report for publication and circulation. It is hoped that this work will be completed in the coming months at which time the report will be made public.

Prison Visiting Committee Annual Reports for 2000 and 2001

There is no requirement under Prison Visiting Committee legislation to publish reports. However, they are made available on request. Also, I have recently undertaken to publish such reports on an annual basis and the reports covering the years 2002 and 2003 have been laid before the Houses of The Oireachtas.

Inquiry into Child Abuse.

Joe Higgins

Question:

411 Mr. J. Higgins asked the Minister for Education and Science the reason there is a cut off date for claims to the Residential Institutions Redress Board in view of the difficulty faced by many former residents of such institutions who suffered abuse in coming forward and in view of the fact that many such victims who are now living in the UK might not even had their attention drawn to their entitlement to seek compensation. [29717/04]

Joe Higgins

Question:

412 Mr. J. Higgins asked the Minister for Education and Science if efforts will be made to inform former residents of industrial schools who were victims of abuse and are now living in the UK that they may be entitled to seek compensation through the Residential Institutions Redress Board. [29718/04]

I propose to take Questions Nos. 411 and 412 together.

The Residential Institutions Redress Act was enacted on 10 April 2002 and the board was formally established on 16 December 2002. The Act makes provision for the board to accept applications for up to three years from that date. Section 8(2) of the Act provides that the board may extend this time limit at its discretion, if it considers that there are exceptional circumstances. Section 5(b) Act provides that the board shall make all reasonable efforts, through public advertisement, direct correspondence with persons who were residents of an institution and otherwise, to ensure that persons who were residents of an institution are aware of the redress board and its remit. The board commenced an advertising campaign in Ireland in December 2002 and a targeted advertisement campaign in the United Kingdom in early 2004. While the board has responsibility for making decisions on the level of advertising required, I am satisfied that it will continue to make all reasonable efforts to ensure that former residents are made aware of the redress scheme.

In devising its policies in the redress area, the Government was conscious that a significant number of former residents of institutions emigrated to the United Kingdom, particularly in the late 1940s, 1950s and 1960s. Five outreach officers were appointed to existing Irish centres in the UK to appraise and advise former residents that residing there of developments relating to the Commission to Inquire into Child Abuse and the Residential Institutions Redress Board. The outreach services, which are funded by my Department, continue to operate and provide appropriate advice about the redress board and other matters. The Department of Education and Science provides funding to a number of support groups to assist them in providing information and referral services to survivors of child abuse here and in the United Kingdom.

Capitation Grants.

Damien English

Question:

413 Mr. English asked the Minister for Education and Science if she intends to raise the level of capitation grants to voluntary secondary schools to bring them in line with other post-primary sectors; and if she will make a statement on the matter. [30313/04]

I recently announced, in the context of the 2005 Estimates, an increase in the standard per capita grant from €274 to €286 per pupil, with effect from 1 January next. The increase will bring the per capita grant received by disadvantaged schools to €324 per pupil. Secondary schools will benefit further under the school services support initiative. The initial support grant of €25 per pupil that was introduced for second level schools in September 2000 will increase to €103 from January next. The voluntary secondary schools grant, which has been significantly enhanced in recent years — to €131 from last January — will be further increased by €10 per pupil, bringing the overall grant for such schools to €145 from next January. The increases are in addition to the range of equalisation grants of up to €15,554 per school per annum that have been approved for voluntary secondary schools. Schools have welcomed the improvements. The provision I have made in the context of the 2005 Estimates for the significant increases in the funding of voluntary secondary schools is a clear demonstration of my commitment to prioritise available resources to address the needs of schools.

Compulsory Retirement.

Richard Bruton

Question:

414 Mr. R. Bruton asked the Minister for Education and Science if, in view of the recent Government legislation to end the provision of compulsory retirement at the age of 65, she will make arrangements to permit school caretakers to work beyond this traditional retirement age; and if the request of a person (details supplied) in Dublin 5 to continue to work as caretaker until the age of 66 will be acceded to. [29671/04]

The Public Service Superannuation (Miscellaneous Provisions) Act 2004 removed the requirement to retire on age grounds, in cases of persons coming within the definition of "new entrant" as set out in the Act. A new entrant under the Act is a person who commenced employment in the public service on or after 1 April 2004 or a person who returned to employment in the public service since that date after a break in service of more than 26 weeks. The person in question, who has been employed as a school caretaker since 1995, is required to retire at the age of 65 in accordance with the conditions of service pertaining to his employment. He reached that age in September of this year. To facilitate the appointment of a replacement, the Department of Education and Science has, as an exceptional matter, agreed to a request from the school authorities that he be retained in employment until 31 December 2004. As he is not a new entrant, it is not possible to approve his retention beyond that date.

Institutes of Technology.

Seán Crowe

Question:

415 Mr. Crowe asked the Minister for Education and Science if her attention has been drawn to the proposal to cut four of the courses in the GMIT, Castlebar; the negative effect it will have on education in the country; and if the courses have been cut for financial reasons. [29672/04]

The institutes of technology are statutory bodies established under the Regional Technical Colleges Acts 1992 to 1999 and the Dublin Institute of Technology Acts 1992 and 1994. Under the terms of the Acts, the governance and day-to-day activities of the institutes, including the number of approved courses that institutes wish to deliver in particular locations, are matters for which the governing bodies and the management staff of the institutes are responsible.

While proposals for new courses and proposed alterations to previously approved courses are subject to ministerial approval in the context of the annual programmes and budgets process, any decisions to discontinue delivery of previously approved courses are operational matters for the institutes in the context of their regular internal reviews of course provision. An institute that decides to reduce course provision significantly in a particular campus normally informs my Department of such a decision in advance of any such reduction. The Department of Education and Science is not aware of any proposal by Galway-Mayo Institute of Technology to reduce the number of courses provided in its Castlebar campus.

Schools Building Projects.

Seymour Crawford

Question:

416 Mr. Crawford asked the Minister for Education and Science the position regarding the application for an extension to a school (details supplied) in County Cavan; and if she will make a statement on the matter. [29685/04]

The extension project at the school referred to by the Deputy, which has a band 1 rating, is at an early stage of architectural planning. My officials are nearing the completion of a review of all projects which did not proceed to construction as part of the 2004 schools building programme, including the school in question. 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 schools building programme from 2005 onwards.

Schools Refurbishment.

Denis Naughten

Question:

417 Mr. Naughten asked the Minister for Education and Science if she will approve capital funding for a school (details supplied) in County Roscommon; and if she will make a statement on the matter. [29686/04]

The extension and refurbishment project for the school referred to by the Deputy, which has a band 2 rating, is at an early stage of architectural planning. A response is awaited to the letter recently sent by officials from the Department of Education and Science to the school authorities requesting a stage 2-3 submission, or developed sketch scheme. Departmental officials are nearing the completion of a review of all projects which did not proceed to construction as part of the 2004 schools building programme, including the school in question. 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 schools building programme from 2005 onwards.

Schools Building Projects.

Denis Naughten

Question:

418 Mr. Naughten asked the Minister for Education and Science when she plans to publish the multi-annual school building programme; and if she will make a statement on the matter. [29700/04]

Officials from the Department of Education and Science are nearing the completion of a review of all projects which did not proceed to construction as part of the 2004 schools building programme. 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 their progress will be considered in the context of the school capital programme from 2005 onwards. The Minister for Finance has indicated that he will deal with adjustments to the capital envelopes in his Budget Statement on 1 December next. Accordingly, I do not propose to publish a timetable of announcements before this date.

Denis Naughten

Question:

419 Mr. Naughten asked the Minister for Education and Science further to departmental correspondence, if she will approve a revised band rating and associated funding for a school (details supplied) in County Roscommon; and if she will make a statement on the matter. [29701/04]

The application from the school to which the Deputy refers is being considered as part of a review of all projects which did not proceed to construction under the 2004 schools building programme. All projects are being assessed against the published prioritisation criteria, revised earlier this year following consultation with the education partners. Each project will be assigned a band rating and the progress of all projects will be considered in the context of the schools building programme from 2005 onwards.

Michael Ring

Question:

420 Mr. Ring asked the Minister for Education and Science when funding will be provided to a primary school (details supplied) in County Mayo to secure a piece of ground it has purchased at the back of the school; and the funding available for putting up fencing or a wall to secure the remainder of the property. [29722/04]

School building repair projects can be addressed under a number of schemes funded by the Department of Education and Science. National schools receive funding each year under the grant scheme for minor works to national school properties, which came into operation in January 1997. Improvements to school buildings and grounds which come within the scope of the minor works covered by the grant include the replacement of windows, roof repairs, the resurfacing of the school yard, repainting and redecorating. The summer works scheme provides capital grants for necessary small-scale works which can be planned and delivered in the summer months. The closing date for the receipt of applications under the 2005 scheme, in line with the scheme's terms and conditions, was 5 November 2004. Application forms and further details on the schemes are available from the Department of Education and Science's school planning section in Tullamore and the Department's website, www.education.ie.

Michael Ring

Question:

421 Mr. Ring asked the Minister for Education and Science the funding available which is for the provision of a playground to cater for the small children in a primary school (details supplied) in County Mayo. [29723/04]

School building repair projects can be addressed under a number of schemes funded by the Department of Education and Science. National schools receive funding each year under the grant scheme for minor works to national school properties, which came into operation in January 1997. Improvements to school buildings and grounds which come within the scope of the minor works covered by the grant include the replacement of windows, roof repairs, the resurfacing of the school yard, repainting and redecorating. The summer works scheme provides capital grants for necessary small-scale works which can be planned and delivered in the summer months. The closing date for the receipt of applications under the 2005 scheme, in line with the scheme's terms and conditions, was 5 November 2004. Application forms and further details on the schemes are available from the Department of Education and Science's school planning section in Tullamore and the Department's website, www.education.ie.

The Department of Community, Rural and Gaeltacht Affairs provides funding to support the development of playgrounds in CLÁR and RAPID areas. The Department of Education and Science co-funds the development of such playgrounds, which are attached to a primary school in a RAPID or CLÁR area. I understand that the school to which the Deputy refers is not in a Rapid or CLÁR area.

School Staffing.

Paul Nicholas Gogarty

Question:

422 Mr. Gogarty asked the Minister for Education and Science when she envisages that the current backlog of resource teaching will be cleared; and if she will make a statement on the matter. [29724/04]

All applications for resource teaching support received by the Department of Education and Science by the closing date of 30 June 2004 have been processed and decisions in the cases in question have been issued to the schools concerned. Subsequent priority was given to applications for special educational needs supports for new entrants received after the closing date. Decisions have also issued to schools in such cases. The Department is processing a number of appeals arising from the decisions and responses to the appeals will be conveyed to the schools when the process has been completed.

The National Council for Special Education has been established as an independent statutory body with the responsibilities set out in the National Council for Special Education (Establishment) Order 2003. The council has employed a number of special education needs organisers who will be a focal point of contact for schools and parents. It is intended that the organisers will process further applications for special educational needs resources. It is anticipated that the council and the organisers will become operational shortly. The Department of Education and Science is liaising with the council with a view to putting the revised arrangements for the processing of applications for special educational needs resources in place.

Site Acquisitions.

Tom Hayes

Question:

423 Mr. Hayes asked the Minister for Education and Science if her Department has identified a site for a gaelscoil in Clonmel, County Tipperary; and when such a site will be provided. [29725/04]

The property management section of the Office of Public Works, which acts on behalf of the Department of Education and Science on site acquisitions, is continuing to explore the possibility of acquiring a site for the gaelscoil in Clonmel, County Tipperary. Due to the commercial sensitivities of site acquisitions, it is not proposed at this stage to identify specific sites to be acquired. This information will be placed on the Department's website when the relevant acquisitions have been completed.

Special Educational Needs.

Tom Hayes

Question:

424 Mr. Hayes asked the Minister for Education and Science when a person (details supplied) in County Tipperary with dyslexia will be allocated a laptop computer. [29726/04]

The Department of Education and Science does not have a record of an application for a grant in respect of the equipment for the person referred to by the Deputy. I have asked officials from the Department to contact the school authorities about the matter, with a view to the speedy resolution of it.

Paul Kehoe

Question:

425 Mr. Kehoe asked the Minister for Education and Science the reason, following the allocation of 12 hours special needs assistance for a person (details supplied) in County Wexford, no teaching resource hours were allocated; the options now available to this person; and if she will make a statement on the matter. [29750/04]

The pupil did not qualify for resource teaching support on the basis of the application originally submitted to the Department of Education and Science. The school in question has since furnished additional documentation in support of the application. Officials from the Department are liaising with the National Educational Psychological Service on the matter and a decision will be conveyed to the school as soon as this process has been completed.

Schools Building Projects.

Tony Gregory

Question:

426 Mr. Gregory asked the Minister for Education and Science the position regarding the application by a school (details supplied) for funding to proceed with a new school building; the next stage for this application; the likely timescale for full approval of this project; the estimated timescale for the completion of the project in view of the fact that the school children have already been in prefabs for three years; and if she will make a statement on the matter. [29755/04]

The application from the school in question is being considered as part of a review of all projects which did not proceed to construction under the 2004 schools building programme. Under the 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.

Scoileanna Lán-Ghaeilge.

Paul Nicholas Gogarty

Question:

427 D’fhiafraigh Mr. Gogarty den Aire Oideachais agus Eolaíochta cé mhéad páiste a lorg áit i rang na naíonán beag i scoileanna i Leamhcán sna blianta 2002, 2003, 2004, agus an luafaidh sí an figiúr le haghaidh gach scoile. [29756/04]

Paul Nicholas Gogarty

Question:

428 D’fhiafraigh Mr. Gogarty den Aire Oideachais agus Eolaíochta cé mhéad áiteanna i rang na naíonán beag a chuir scoileanna i Leamhcán ar fáil sna blianta 2002, 2003 agus 2004, agus an luafaidh sí an figiúr le haghaidh gach scoile. [29757/04]

Paul Nicholas Gogarty

Question:

429 D’fhiafraigh Mr. Gogarty den Aire Oideachais agus Eolaíochta cé mhéad páiste a mheasann an tAire a bheidh ag lorg áite i rang na naíonán beag i scoileanna i Leamhcán sna blianta 2005, 2006 agus 2007. [29758/04]

Tá sé beartaithe agam Ceisteanna Uimh. 427, 428 agus 429 a fhreagairt le chéile.

Tá naoi mbunscoil i Leamhcán. Ba é líon iomlán na naíonán beag a bhí rollaithe sna scoileanna sin ar fad i 2004 ná 671 dalta. Cé go léiríonn sé seo go bhfuil ardú de 118 áit ar áiteanna ó fhigiúirí Mheán Fómhair 2002, níl mo Roinnse ar an eolas maidir le haon leanbh nach raibh ar a c(h)umas rochtain a fháil ar áit i Leamhcán le trí bliana anuas. Is mar gheall ar na gníomhartha tapa agus cinntitheacha a ghlac an rannóg pleanála scoileanna i mo Roinnse é seo. Bhí infheistíocht de €17.5 milliún mar thoradh ar na gníomhartha seo chun soláthar bunoideachais a chur ar fáil agus a uasghrádú sa cheantar seo, atá ag forbairt go tapa.

Áirítear ar mhionsonraí na ngníomhartha a glacadh tionscadail thógála ar tugadh fúthu ag scoil shóisearach Scoil Áine agus Scoil Shinsearach Naomh Tomás. Cuireadh dhá scoil nua 16 seomra ranga ar fáil do scoil náisiúnta Educate Together Leamhcáin agus scoil náisiúnta Educate Together Griffeen Valley. Sa bhreis air sin, tá tús curtha le tógáil fhoirgneamh nua scoile chun atheagrú ar scoileanna náisiúnta Ardeaspag Ryan a éascú chun scoil shóisearach agus scoil shinsearach a bhunú. San idirthréimhse, tá socruithe déanta do sholáthar cóiríochta sealadaí fad is a bheidh an foirgneamh nua á thógáil.

Tá mo Roinnse ag déileáil go cuimsitheach le riachtanais Leamhcáin, agus leanfaimid ag déanamh athbhreithnithe ar chúrsaí ansin. Ar an mbealach seo tá mo Roinnse sásta go mbeifear in ann socruithe tráthúla breise a dhéanamh más gá chun freastal ar éilimh bhreise a d'fhéadfadh a theacht chun cinn ann.

Paul Nicholas Gogarty

Question:

430 D’fhiafraigh Mr. Gogarty den Aire Oideachais agus Eolaíochta an eol di nár freastalaíodh in am ar an 154 pháiste a chláraigh le haghaidh oideachais bunscoile trí Ghaeilge i Leamhcán don scoilbhliain 2004-05 toisc gur diúltaíodh don iarratas le haghaidh Gaelscoile nua; an eol di, toisc an diúltaithe sin, nár freastalaíodh ar 82 de na páistí seo; an eol di gur mhol coiste comhairleach a Roinne féin gur chóir aitheantas a thabhairt do Ghaelscoil nua anuraidh sa chás nach mbéadh an Ghaelscoil reatha in ann freastal a dhéanamh ar an éileamh; ós rud é nach bhfuil an scoil reatha in ann freastal a dhéanamh ar an éileamh de bharr easpa spáis agus an fháis ollmhóir sa daonra, an bhfuil sé i gceist aici aitheantas a thabhairt do Ghaelscoil nua, a thosóidh i Meán Fómhair 2005, sa cheantar. [29759/04]

Diúltaíodh iarratas níos luaithe i 2004 do Ghaelscoil nua i Leamhcán ar an moladh a rinne coiste comhairleach na scoileanna nua. Rinneadh an cinneadh ar an mbunús go bhféadfaí an soláthar Gaeilge a bhí i Leamhcán cheana a leathnú chun freastal ar éilimh bhreise a thiocfadh chun cinn. Rinne pátrún na scoile beartaithe achomharc ar an gcinneadh seo. Níor éirigh leis an achomharc a stiúraigh bord achomharc neamhspleách.

Tá freastal á dhéanamh ar an éileamh do sholáthar lán-Ghaeilge i gceantar Leamhcáin leis an leathnú atáthar a dhéanamh ar an nGaelscoil atá ann. Maidir leis seo, tá sé cinnithe go leathnófar an scoil go dtí scoil 24 seomra ranga a thiocfaidh ó thaobh méid le réimse méideanna na scoileanna sa cheantar seo, atá ag forbairt go tapa.

Le deireanaí, d'éiligh údaráis bhainistíochta na scoile go mbeadh an leathnú teoranta d'ocht seomra ranga breise. Tá sé seo á bhreithniú laistigh de mo Roinnse i láthair na huaire. Gné thábhachtach ina leith sin is ea an leibhéal éilimh atá ann. Má thagann éileamh sa bhreis ar dhá ionchur seomra ranga chun cinn, comhsheasmhach le prótacal caighdeánach, is é an chéad rogha ná an soláthar atá ann a leathnú. Maidir leis sin, tá sé cinnithe go bhfuil an suíomh sách mór chun freastal ar scoil 24 seomra ranga.

Tuigim go bhfuil fógra foirmiúil faighte maidir leis an rún iarratas a dhéanamh ar aitheantas do Ghaelscoil nua sa cheantar, a thosódh ag feidhmiú i Meán Fómhair 2005. Tá an fógra rúin curtha ar aghaidh chuig coiste comhairleach na scoileanna nua lena bhreithniú. Pléifidh an coiste leis an ábhar, agus déanfaidh an coiste, ar an ngnáthshlí, a chuid moltaí liomsa ar an ábhar sin ag tráth níos deireanaí.

Schools Building Projects.

Dinny McGinley

Question:

431 Mr. McGinley asked the Minister for Education and Science the stage an application for a school (details supplied) in County Donegal is at under the small schools initiative; and if she will make a statement on the matter. [29762/04]

The application from the school to which the Deputy refers is being considered as part of a review of all projects which did not proceed to construction as part of the 2004 school building programme. All projects are being assessed against the published prioritisation criteria, revised earlier this year following consultation with the education partners. Each project will be assigned a band rating, and the progress of all projects will be considered in the context of the school building programme from 2005 onwards.

Special Educational Needs.

John Perry

Question:

432 Mr. Perry asked the Minister for Education and Science if the resource help for a person (details supplied) in County Leitrim will be continued after 2005; and if she will make a statement on the matter. [29763/04]

This pupil's special educational needs, or SEN, are in the high-incidence disability category, and it would be expected that pupils in that category would have their SEN met from within the resource or learning support teaching allocation available to the school. The school's current staffing is a principal and one assistant teacher. In addition, the school has the equivalent of a teaching allocation of approximately 14 hours for the support of pupils with high-incidence SEN and those with learning support needs, that is, functioning at or below the tenth percentile on a standardised test of reading or mathematics. The school had an enrolment of 22 at September 2003.

In the context of the proposed new system for resource teacher allocation, I am conscious of difficulties that could arise, particularly for children in small and rural schools, if it were implemented as currently proposed. Accordingly, I will be reviewing the model to ensure that it provides an automatic response for pupils with common mild learning disabilities without the need for cumbersome individual applications, while at the same time ensuring that pupils currently in receipt of a service continue to receive the level of service appropriate to their needs. The review will involve consultation with educational interests and the National Council for Special Education before it is implemented next year.

It is important to emphasise that applications may be made for specific resource teacher allocations for pupils with lower-incidence special educational needs regardless of the gender of the pupil or status of the school.

Martin Ferris

Question:

433 Mr. Ferris asked the Minister for Education and Science if the decision of circular 09/04 regarding special education teachers will be amended in order that the ratio of 1:140 pupils is applied to mixed schools and all girls’ schools. [29777/04]

As the Deputy will be aware, the proposed new system for resource teacher allocation involves a general teaching allocation for all primary schools to cater for pupils with higher-incidence special educational needs, that is, borderline mild and mild general learning disability and specific learning disability, and those with learning support needs, that is, functioning at or below the tenth percentile on a standardised test of reading or mathematics. It will also allow for individual allocations for pupils with lower-incidence special educational needs.

The proposed allocation mechanism is as follows. In the most disadvantaged schools, as per the urban dimension of giving children an even break, a teacher of pupils with special educational needs will be allocated for every 80 pupils to cater for the subset of pupils with higher-incidence special needs. In all boys' schools, the ratio will be one teacher for every 140 pupils. In mixed schools, or all girls' schools with an enrolment of greater than 30% boys, it will be one for every 150 pupils. In all girls' schools, including schools with mixed junior classes but with 30% or less boys overall, it will be one for every 200 pupils.

The rationale for a pupil-teacher ratio of 150 pupils for every teacher in mixed schools to support pupils with higher-incidence special educational needs and learning difficulties or delays is that the pupil-teacher ratio for a learning support teacher was approximately 300 pupils; 10% of pupils would be expected to have learning difficulties in the fields of literacy and numeracy and, on that basis, approximately 15 out of a group of 150 pupils would be expected to have learning difficulties. This is considered half of a teacher's caseload. A further 3%, or four to five pupils, in that cohort would be expected to have higher-incidence special educational needs and would expect to receive 2.5 resource teaching hours per week. This would account for the other half of a teacher's caseload.

The rationale for the different pupil-teacher ratios in boys' schools, 140:1, and girls' ones, 200:1, is twofold. International literature on the incidence of disability indicates that, across all disability types, there is a greater incidence in boys than in girls. International and national surveys of literacy and numeracy have found that those difficulties are more common among boys than girls. The rationale for the level of support proposed for schools in areas of urban disadvantage is that evidence shows that there is a significantly higher incidence of literacy and numeracy difficulties in urban disadvantaged compared with other schools, including those in areas of rural disadvantage.

It is important to emphasise that applications may be made for specific resource teacher allocations in respect of pupils with lower-incidence special educational needs regardless of the gender of the pupil or the status of school. I am conscious of difficulties that could arise with the proposed model, particularly for children in small and rural schools, if it were implemented as currently proposed. Accordingly, I will be reviewing the model to ensure that it provides an automatic response for pupils with common mild learning disabilities without the need for cumbersome individual applications, while at the same time ensuring that pupils currently in receipt of a service continue to receive the level of service appropriate to their needs. The review will involve consultation with educational interests and the National Council for Special Education before it is implemented next year.

Schools Building Projects.

Caoimhghín Ó Caoláin

Question:

434 Caoimhghín Ó Caoláin asked the Minister for Education and Science if the much needed extension for a school (details supplied) in County Monaghan will be included in her Department’s building programme for 2005. [29789/04]

The extension project for the school referred to by the Deputy is at an advanced stage of architectural planning. It has a band 2 rating. My Department's technical staff are currently examining the stage 4 documentation, detailed 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.

Special Educational Needs.

Michael Ring

Question:

435 Mr. Ring asked the Minister for Education and Science the position regarding the appeal for a person (details supplied) in County Mayo in respect of the person’s need for educational support due to special needs. [29795/04]

Following a review of the application for special educational needs supports for the person in question, my Department has sanctioned 12.5 hours special needs assistant support.

Boards of Management.

Joe Higgins

Question:

436 Mr. J. Higgins asked the Minister for Education and Science her plans regarding the provision of representation for parents on the boards of management of comprehensive schools; and the timetable for her proposals. [29801/04]

My Department continues to work with all the interested parties on the inclusion of parent representatives on boards of management of comprehensive schools. Agreement has been reached on the revised composition of the boards, which have a different composition in each of the sectors — Catholic, Protestant and Jesuit. The revised composition of the boards provides for two parent representatives in each instance. The work on the revision of the legal instruments in the case of the Jesuit comprehensive has been completed, and a new board including parents has been established.

In the case of the Catholic comprehensives, the text of the legal instruments has been agreed, and my Department awaits confirmation from the Catholic legal representatives as to the intended circulation date of the revised document for execution by individual bishops. Talks are continuing with representatives of the Protestant comprehensives with a view to resolving outstanding issues relating to those schools.

Schools Building Projects.

Caoimhghín Ó Caoláin

Question:

437 Caoimhghín Ó Caoláin asked the Minister for Education and Science the status of the school extension proposals for a school (details supplied) in County Cavan; the prospects of these works being included in the schools building programme for commencement in 2005; and her plans regarding the need for temporary accommodation to cater to the needs of pupils in situ and others on the school’s ever-growing entry waiting list, pending the completion of the long-overdue extension. [29819/04]

The extension project for the school referred to by the Deputy is at an early stage of architectural planning. It has a band 1 rating. My officials are nearing completion of a review of all projects which did not proceed to construction as part of the 2004 school building programme, including the school in question. All projects are being assessed against the published prioritisation criteria agreed earlier this year with the education partners. Each project will be assigned a band rating, and the progress of all projects will be considered in the context of the school building programme from 2005 onwards.

The management authority of the school has made an application for temporary accommodation. All such applications are being considered in the school planning section of my Department, and it is planned to publish the list of successful applicants early in the new year.

School Transport.

Paul Kehoe

Question:

438 Mr. Kehoe asked the Minister for Education and Science if she will provide the reply to Question No. 115 of 14 October 2004; and if she will make a statement on the matter. [29820/04]

My Department has asked Bus Éireann to clarify some further points arising from its recent report. The Deputy will be advised of the position as soon as possible.

School Staffing.

Olwyn Enright

Question:

439 Ms Enright asked the Minister for Education and Science if her attention has been drawn to an appeal by a school (details supplied) in County Offaly for an extra temporary post; and if she will make a statement on the matter. [29821/04]

The staffing of a primary school is determined by reference to the enrolment of the school on 30 September of the previous school year. The actual number of mainstream posts sanctioned is determined by reference to a staffing schedule and is finalised for a particular year following discussions with the education partners.

The enrolment of the school referred to by the Deputy on 30 September 2003 was 75 pupils, which warrants a staffing of a principal and two mainstream class teachers for the 2004-05 school year. The school also has a resource teacher. To ensure transparency and openness in the system, an independent appeals board is now in place to decide on any appeals on mainstream staffing. The staffing of the school in question for the 2004-05 school year was considered by the appeals board on 21 October 2004. The board rejected the appeal, and the school was notified accordingly. I am sure the Deputy will appreciate that it would not be appropriate for me to intervene in the operation of the independent appeals board.

Schools Amalgamation.

Olwyn Enright

Question:

440 Ms Enright asked the Minister for Education and Science the progress being made in relation to the amalgamation of the three second level schools in Kildare town; if a decision on the site for this school has been made; when a decision can be expected; and if she will make a statement on the matter. [29822/04]

The purchase of a site for the proposed amalgamated post-primary school in Kildare town is currently being actively pursued. I will make a decision in the matter as soon as discussions have been completed. In the meantime my officials are nearing completion of a review of all projects which did not proceed to construction as part of the 2004 school building programme, including the school in question. All projects are being assessed against the published prioritisation criteria agreed earlier this year with the education partners. Each project will be assigned a band rating, and the progress of all projects will be considered in the context of the school building programme from 2005 onwards. The school authorities will be kept informed of developments.

Schools Building Projects.

Olwyn Enright

Question:

441 Ms Enright asked the Minister for Education and Science if her attention has been drawn to the fact that a site for a new vocational school in Athy, County Kildare was purchased in November 2001; the progress for the provision of a new school; and if she will make a statement on the matter. [29824/04]

The building project for the school referred to by the Deputy is at an early stage of architectural planning. It has a band 3 rating. My officials are nearing completion of a review of all projects which did not proceed to construction as part of the 2004 school building programme, including the school referred to by the Deputy. All projects are being assessed against the published prioritisation criteria agreed earlier this year with the education partners. Each project will be assigned a band rating, and the progress of all projects will be considered in the context of the school building programme from 2005 onwards.

Olwyn Enright

Question:

442 Ms Enright asked the Minister for Education and Science if her attention has been drawn to the fact that the Department of Defence has allocated a site, free of charge, for a new school building for a school (details supplied) in County Kildare; if her attention has further been drawn to the fact that the County Kildare vocational education committee has sought the appointment of a design team for the proposed new school; and if she will make a statement on the matter. [29825/04]

My Department has given sanction to County Kildare vocational education committee to make the necessary arrangements to secure the site in question. In the meantime, my officials are nearing completion of a review of all projects which did not proceed to construction as part of the 2004 school building programme, including the school referred to by the Deputy. All projects are being assessed against the published prioritisation criteria agreed earlier this year with the education partners. Each project will be assigned a band rating, and the progress of all projects will be considered in the context of the school building programme from 2005 onwards.

Schools Amalgamation.

Olwyn Enright

Question:

443 Ms Enright asked the Minister for Education and Science if she will clarify her reply to Question No. 133 of 7 October 2004 in relation to the amalgamation of a school (details supplied) in County Offaly; if the original agreement to form a community college has been changed; if the amalgamation is proceeding on a green-field site as outlined by her and not on an existing site as already agreed; and if she will make a statement on the matter. [29826/04]

The status of the new school referred to by the Deputy is a community college and not a community school as inadvertently stated in my reply of 7 October last. I can also confirm that purpose-designed facilities will be provided to accommodate the new school on the site of an existing secondary school. The site is currently being acquired from the trustees of the school in question. I acknowledge that there was not sufficient clarity around that point in my earlier reply.

Third Level Admissions.

Seán Crowe

Question:

444 Mr. Crowe asked the Minister for Education and Science the reviews and consultations and the organisations and groups with which she is engaged to reassess or alter the system of selection of persons for third level places on the basis of the leaving certificate results points system; and the system of selection which is involved. [29833/04]

I have not engaged in consultations with organisations or groups to reassess or alter fundamentally the system of selection for third level places on the basis of the leaving certificate points system.

As the Deputy will be aware, my predecessor and the Minister for Health and Children established a working group on undergraduate medical education and training to review the organisation and delivery of medical training and education in Ireland. The group has recently presented interim recommendations for significant reform of the entry mechanism to medical education. Those recommendations include the introduction of a multi-streamed model of entry to medicine, comprising undergraduate and graduate entry methods, with leaving certificate performance no longer the sole selection method for entry at undergraduate level. In that regard, it is proposed that selection for entry to undergraduate medicine should have two stages. Anyone opting for medicine who achieved 450 leaving certificate points would be eligible for consideration, with places to be allocated on the basis of performance in a separate entry test.

Those recommendations are a very welcome attempt to address the tremendous pressures placed on students in the second level system as a result of the extremely high leaving certificate points required for entry to medicine and certain other disciplines. It is important that the significant implementation issues associated with the proposed change are carefully attended to. I am currently considering the composition and terms of reference of an implementation group for that purpose and intend to bring forward proposals on that front shortly.

State Examinations.

Seán Crowe

Question:

445 Mr. Crowe asked the Minister for Education and Science the revision of the leaving certificate requirements and curricula being considered by her. [29834/04]

The National Council for Curriculum and Assessment, or NCCA, was established as a statutory body in July 2001. Its brief, as stated in the Education Act 1998, is to advise the Minister for Education and Science in matters relating to the curriculum for early childhood education, primary and post-primary schools, and the assessment procedures employed in schools and examinations on subjects that are part of the curriculum.

The NCCA has carried out a comprehensive public consultation process on the future direction of senior cycle education in Ireland. That concluded with the publication by the NCCA of Directions for Development — Developing Senior Cycle Education, which was presented at a national forum in Dublin Castle on 23 September 2003. That forum was attended by representatives of all the partners in education.

The NCCA proposals set out a vision for the type of school system which might exist by 2010. The proposals envisage a restructured senior cycle curriculum consisting of transition units, short courses and subjects. Innovatory features of the leaving certificate vocational programme and the transition year programme would be incorporated into transition units that would focus on areas such as work-related learning, special studies, community participation, arts education, ICT literacy and study skills. The option of a two or three-year cycle would be retained, and the leaving certificate applied programme would continue as a discrete programme. All pupils, including LCA pupils, would follow at least one transition unit, and many pupils would take a greater number. The proposals provide also for an increased emphasis on a wider range of modes of assessment such as practical, portfolio or project work and continuous assessment, with assessment events spread out during courses of study and available at several points during the two or three-year cycle.

Publication of Directions for Development has been followed by further analyses and consultation by the NCCA in the lead-up to the council's presentation of advice and recommendations to me on the future of senior cycle. I understand that the next stage of that advice will include an elaboration of the possible configuration of subjects, short courses and transition units, details of how assessment might be managed, an analysis of the implications for staff development and infrastructure, and a detailed action plan for implementing the proposal. That advice is due early in 2005 and will enable decisions to be made on implementation.

School Accommodation.

Paul McGrath

Question:

446 Mr. P. McGrath asked the Minister for Education and Science when a permanent site and the provision of an appropriate school building will be secured to serve the needs of a school (details supplied) which is in temporary accommodation in Griffeen Valley, Lucan; and if she will make a statement on the matter. [29837/04]

The property management section of the Office of Public Works, which acts on behalf of my Department regarding site acquisitions generally, is exploring the possibility of acquiring a site for the school referred to by the Deputy. Owing to the commercial sensitivities of site acquisitions, it is not proposed at this stage to identify specific sites to be acquired. However, that information will be placed on my Department's website when the relevant acquisitions have been completed. In the meantime, my officials are nearing completion of a review of all projects which did not proceed to construction as part of the 2004 school building programme, including the school referred to by the Deputy. All projects are being assessed against the published prioritisation criteria agreed earlier this year with the education partners. Each project will be assigned a band rating, and the progress of all projects will be considered in the context of the school building programme from 2005. The question of the provision of new accommodation for the school will be considered further when a site has been acquired.

Schools Building Projects.

Olwyn Enright

Question:

447 Ms Enright asked the Minister for Education and Science the reason the board of management of a school (details supplied) in County Donegal and the architectural and design team have been asked to redesign a comprehensive brief for a school extension which was originally accepted by her Department in 2000; and if she will make a statement on the matter. [29933/04]

The building project for the school referred to by the Deputy is at an early stage of architectural planning. It has a band 2 rating. My officials recently wrote to the school authorities with a revised brief for the project. That was following an examination of the proposal as previously submitted, which was found to be over-elaborate in both design and area and not in compliance with the original brief as issued in January 2001. The school authorities subsequently contacted my Department outlining that the revised brief is unacceptable to it and requesting a meeting to discuss current building plans for the school. My officials will be in contact with the school authorities shortly with a view to arranging the proposed meeting. In the meantime, my officials are nearing completion of a review of all projects which did not proceed to construction as part of the 2004 school building programme, including the school referred to by the Deputy. All projects are being assessed against the published prioritisation criteria agreed earlier this year with the education partners. Each project will be assigned a band rating, and the progress of all projects will be considered in the context of the school building programme from 2005.

School Staffing.

Willie Penrose

Question:

448 Mr. Penrose asked the Minister for Education and Science if she will take steps to ensure that a person (details supplied) in County Westmeath will be appointed to a permanent position as soon as possible; and if she will make a statement on the matter. [29934/04]

The permanent teacher allocation for an individual voluntary secondary school for a particular school year consists of approved ex-quota posts and the posts warranted by the enrolment at the end of the preceding September on the basis of the current pupil-teacher ratio. Vacancies in schools arising from career breaks, approved leave of absence or secondments and concessionary posts, which are allocated in excess of a school's normal quota of posts, may only be filled in a temporary or part-time capacity.

The number of posts in any particular school which can be filled in a permanent capacity cannot exceed the allocation warranted by the enrolment and the approved ex-quota posts. In the case to which the Deputy refers, the number of posts which can be filled in a permanent capacity is 22. According to my Department's records, there are 22 permanent teachers on the staff of the school in question. In the circumstances, no further permanent appointment can be made at this time.

Institutes of Technology.

Ruairí Quinn

Question:

449 Mr. Quinn asked the Minister for Education and Science if her attention has been drawn to the fact that institutes of technology have been effectively prevented from promoting the formation of campus companies, capable of sharing their economic potential with external partners who have available investment capital, due to an interpretation of the Regional Technical Colleges Act 1992, section 5(2A) and the Vocational Educational (Amendment) Act 2001, section 37; if her attention has further been drawn to this restrictive interpretation; if, in the interests of promoting greater scientific research and its effective commercialisation with productive partners at campus level on the institutes of technology, similar to universities, she will issue clear enabling guidelines to all institutes of technology regarding their ability to retain minority shareholdings in such campus companies in which outside investors constitute the majority shareholding; and if she will make a statement on the matter. [29935/04]

The functions of institutes of technology are set out in section 5 of the Regional Technical Colleges Act 1992. The functions provide for institutes to enter into arrangements, including participation in limited liability companies, in certain circumstances and under such conditions as the Minister may determine.

The Deputy's question alludes to section 37 of the Vocational Educational (Amendment) Act 2001. This section provides for an amendment to section 5 of the Regional Technical Colleges Act 1992 in relation to the setting up of companies. However, section 37 of the Vocational Educational (Amendment) Act 2001 has not been commenced, and section 5(1)(e) of the Regional Technical Colleges Act 1992 still applies. My Department will consider any application from institutes of technology for establishment of campus companies in accordance with the primary legislation.

Schools Refurbishment.

Michael Ring

Question:

450 Mr. Ring asked the Minister for Education and Science if the proper procedures were put in place in relation to a school (details supplied) in County Mayo; the tests which were carried out on the tiles and roof of this school; if there were regular inspections of the roof as it was in progress; the person who carried out the inspections; the reports which are available on file in this matter; if she will provide this Deputy with a copy of the reports on file; if all these inspections were carried out in the first instance, the reason it was necessary to change the design when the school was being re-roofed; the further reason this design was put in place when the building was roofed on the first occasion; and if she will make a statement on the matter. [29936/04]

The architectural service for this project was provided by my Department's professional and technical staff. Regular site meetings and site inspections were carried out by a range of technical personnel from my Department during construction. This school was built to a standard Department design that has been successfully used throughout the country over a 15-year period. However, it was deemed prudent to change the roof design in this instance as the original design was unable to deal with the exceptional and unpredictable local wind factors.

Home Tuition.

John McGuinness

Question:

451 Mr. McGuinness asked the Minister for Education and Science if further home tuition hours will be approved in the case of a person (details supplied) in County Kilkenny; and if a decision in this case will be expedited. [29937/04]

I understand that, arising from an appeal, the level of home tuition approved for the child in question was recently raised from ten to 20 hours per week. That represents a very significant level of one-to-one support, which will continue to be made available to the child until a school placement commences. The school in which placement has been sought is due to obtain new accommodation in the near future, and I am advised that a place will be made available for the child in question at that stage.

Schools Building Projects.

Michael Ring

Question:

452 Mr. Ring asked the Minister for Education and Science if she will take steps to ensure that the final payment for a project in County Mayo issues to a person (details supplied); and the person who will deal with this. [29991/04]

A member of my Department's technical staff is currently liaising with the quantity surveyor from this school's design team regarding the contractor's final account. When those discussions have been concluded, my Department's building unit will contact with the contractor's representatives.

Michael Ring

Question:

453 Mr. Ring asked the Minister for Education and Science if funding will be provided for a school (details supplied) in County Mayo under the summer works scheme 2005. [29992/04]

The management authority of the school to which the Deputy refers has recently made an application for replacement of a roof 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 in January 2005.

Teaching Qualifications.

Jan O'Sullivan

Question:

454 Ms O’Sullivan asked the Minister for Education and Science the amount spent on the completion of a comparative study on the AMI teacher training course and the courses in the colleges of education; when this report was completed; and when the complete report will be published. [30004/04]

Jan O'Sullivan

Question:

455 Ms O’Sullivan asked the Minister for Education and Science if it is her intention to provide full recognition to AMI graduates trained here. [30005/04]

Jan O'Sullivan

Question:

456 Ms O’Sullivan asked the Minister for Education and Science the reason, under Departmental policy, AMI graduates trained here are not allowed to sit an Scrúdú le hAghaidh Cáilíochta sa Ghaeilge. [30006/04]

I propose to take Questions Nos. 454 to 456, inclusive, together.

The content of courses delivered in the colleges of education and other teacher preparation institutions is considered by my Department before recognition of the course is awarded. In the case of the AMI three-year, full-time course, the content is not currently deemed to be sufficiently comprehensive to allow for recognition of the course to teach in mainstream primary schools. Therefore, it would not be appropriate for AMI graduates to sit an Scrúdú le hAghaidh Cáilíochta sa Ghaeilge. As a result, AMI graduates are limited to restricted recognition which enables them to teach in certain categories of special school and classes and as resource teachers. A process to explore the possibility of full recognition for AMI graduates has recently been initiated.

In response to a request from AMI representatives, my Department has recently initiated a process to explore the possibility of full recognition for AMI graduates. When the outcome of that process is known, I will communicate them to the Deputy. My Department has not commissioned any comparative study on the AMI teacher training course and the courses in the colleges of education.

Pupil-Teacher Ratio.

Jan O'Sullivan

Question:

457 Ms O’Sullivan asked the Minister for Education and Science her plans to reduce class sizes to fewer than 20 for children under nine in view of the commitment in the programme for Government and the fact that her predecessor did nothing to meet that promise during his term in office. [30007/04]

Significant improvements have been made in the pupil-teacher ratio at primary level in recent years. The ratio has fallen from 22.2:1 in the 1996-97 school year to 17.44:1 in the 2003-04 school year. Arising from these improvements, class sizes have reduced in the same period. In line with the commitment in the programme for Government, class sizes will be reduced further. This, however, can only be done on a phased basis, having regard to available resources and spending priorities within the education sector. The timing and manner in which the target set out in the programme for Government can be met is being examined by my Department in consultation with the education partners. Additional posts will continue to be provided. The deployment of these posts will be decided within the context of the overall policy that priority will be given to pupils with special needs and those from disadvantaged areas and junior classes.

Teaching Qualifications.

Jan O'Sullivan

Question:

458 Ms O’Sullivan asked the Minister for Education and Science if it is her intention to provide full recognition to Montessori teachers who qualify from a college (details supplied) in County Dublin. [30008/04]

Discussions between representatives of my Department and the college referred to by the Deputy, regarding the full recognition of the HETAC accredited degree in humanities in Montessori education, are ongoing and are expected to conclude shortly. As soon as the outcomes are known, I will communicate them to the Deputy.

Jan O'Sullivan

Question:

459 Ms O’Sullivan asked the Minister for Education and Science the number of unqualified teachers who have been employed in a primary school for longer than one school year; and if she will make a statement on the matter. [30009/04]

A total of 147 unqualified teachers employed by primary schools for the 2003-04 school year were re-employed by these schools in September 2004. The recruitment and appointment of teachers to fill vacancies in an individual school is a matter for the board of management of the school concerned. Unqualified teachers should only be employed in exceptional circumstances and when all avenues for recruiting qualified personnel have been exhausted. In this context, my officials have recently written to all primary schools which, on 1 September of the current school year, were employing an unqualified teacher who had worked previously as an unqualified teacher.

Special Educational Needs.

Joe Higgins

Question:

460 Mr. J. Higgins asked the Minister for Education and Science the number of schools which have been and are in the process of having their provision of special needs assistants reviewed; the purpose of this review of provision of special needs assistants; if this review is being conducted on the basis of the number of hours allocated to schools or on the basis of each child; if this review is being conducted by the same qualified personnel that originally allocated the special needs support; and if she will make a statement on the matter. [30010/04]

A review of special needs assistant, SNA, provision, which commenced recently, will apply to approximately 2,000 primary schools with existing SNA support. The review is concerned with the level and deployment of SNA posts in mainstream classes. The intention is to ensure that the level of approved SNA support in schools, and the manner in which that support is being allocated, are such as to ensure that the special care needs of pupils are being appropriately met. As part of the exercise, outstanding applications for SNA support for pupils who are attending mainstream classes will be processed. Decisions on the applications will be conveyed to the schools as soon as this process has been completed.

The team conducting the review is comprised of retired members of my Department's inspectorate. It was supplemented recently by a number of special education needs organisers, SENOs, who are employed by the National Council for Special Education. As the Deputy may be aware, the council has been established as an independent statutory body with responsibilities as set out in the National Council for Special Education (Establishment) Order 2003. The SENOs will be a focal point of contact for schools and parents and will process applications for resources for pupils with special educational needs, SEN.

In this context, the SENOs are undergoing extensive training to ensure they will also be qualified to review the levels of SNA supports in schools. It is anticipated the council and the SENOs will become operational shortly. In this regard, my Department is liaising with the council regarding future arrangements for the processing of applications for SEN supports.

Schools Building Projects.

Olwyn Enright

Question:

461 Ms Enright asked the Minister for Education and Science the criteria used to decide that a project at a school (details supplied) in County Donegal is deemed necessary rather than urgent; the regard that was given to the fact that the numbers attending the school have increased steadily since the initial assessment of overall accommodation in 1998; and if she will make a statement on the matter. [30108/04]

A large-scale building project for the school to which the Deputy refers is listed in section 9 of the 2004 school building programme. It was assigned a band 3 rating by my Department in accordance with the published criteria for prioritising large-scale projects. The project planned for the school is being considered as part of a review together with all other projects that did not proceed to construction as part of the 2004 school building programme. All such projects are being assessed against the published prioritisation criteria, revised earlier this year following consultation with the education partners. Each project will be assigned a band rating and the progress of all projects will be considered in the context of the school building programme from 2005 onwards. All factors relating to the school mentioned, including the increased enrolment, are being considered in the review. Full details of the prioritisation criteria are available on my Department's website at www.education.ie.

Olwyn Enright

Question:

462 Ms Enright asked the Minister for Education and Science when a school (details supplied) in County Donegal will progress from stage 1 to the next stage; and if she will make a statement on the matter. [30109/04]

The building project for the school referred to by the Deputy is at an early stage of architectural planning and has a band 3 rating. My officials are nearing completion of a review of all projects that did not proceed to construction as part of the 2004 school building programme, including the school referred to by the Deputy. All projects are being assessed against the published prioritisation criteria, agreed earlier this year with the education partners. Each project will be assigned a band rating and the progress of all projects will be considered in the context of the school building programme from 2005 onwards.

Site Acquisitions.

Richard Bruton

Question:

463 Mr. R. Bruton asked the Minister for Education and Science if a site for a new primary school at Ballycullen in west Dublin has been acquired by her Department; the likely timeframe involved concerning a decision in respect of building this new school facility; the number of meetings he has held with South Dublin County Council and the Dublin schools planning committee as a means of assessing the likely timescale of housing development at this location and the anticipated demand; and if she will make a statement on the matter. [30138/04]

The school planning section of my Department works closely with the four local authorities in the Dublin region in monitoring demographic changes and assessing the likely impact of planned new housing developments. A dedicated forum, the Dublin school planning committee, chaired by school planning section, interacts with the Dublin local authorities. This forum also comprises representatives of the patron bodies of primary schools. It meets twice a year. The Dublin school planning committee acts as an initial point of contact where the local authorities can signal to my Department and the patron bodies anticipated demand for school provision. Detailed discussions regarding reservation of sites and scale and timeframe for developments also take place at this forum. Arising from this process, a site for primary school purposes has been reserved in the Ballycullen area. A decision on the provision of a new school will involve further consultations with the local authority regarding the rate and likely timescale of housing developments in the area, together with an ongoing assessment of the capacity of existing schools to meet anticipated demand.

Richard Bruton

Question:

464 Mr. R. Bruton asked the Minister for Education and Science if a site for a new primary school at Fortunestown in west Dublin has been acquired by her Department; the likely timeframe involved concerning a decision in respect of building this new school facility; the number of meetings her Department has held with South Dublin County Council and the Dublin schools planning committee as a means of assessing the likely timescale of housing development at this location and the anticipated demand; and if she will make a statement on the matter. [30142/04]

The school planning section of my Department works closely with the four local authorities in the Dublin region in monitoring demographic changes and assessing the likely impact of planned new housing developments. A dedicated forum, the Dublin school planning committee, chaired by school planning section, interacts with the Dublin local authorities. This forum also comprises representatives of the patron bodies of primary schools. It meets twice a year. The Dublin school planning committee acts as an initial point of contact where the local authorities can signal to my Department and the patron bodies anticipated demand for school provision. Detailed discussions regarding reservation of sites and scale and timeframe for developments also take place at this forum. Arising from this process, a site for primary school purposes has been reserved in the Fortunestown area. A decision on the provision of a new school will involve further consultations with the local authority regarding the rate and likely timescale of housing developments in the area, together with an ongoing assessment of the capacity of existing schools to meet anticipated demand.

Schools Building Projects.

Joe Walsh

Question:

465 Mr. Walsh asked the Minister for Education and Science the position regarding the provision of a Gaelscoil at Clonakilty, County Cork; and if she will make a statement on the matter. [30152/04]

An application for the provision of a new school for the Gaelscoil in Clonakilty is being considered as part of a review of all projects that did not proceed to construction as part of the 2004 school building programme. All projects are being assessed against the published prioritisation criteria, revised earlier this year following consultation with the education partners. Each project will be assigned a band rating and the progress of all projects will be considered in the context of the school building programme from 2005 onwards.

Special Educational Needs.

Joe Costello

Question:

466 Mr. Costello asked the Minister for Education and Science the reason the weighted system for improving the allocation of teaching resources for pupils with special education needs will result in the loss of 2.2 teachers at a school (details supplied) in Dublin 7; if the decision in relation to this school will be reversed; if the number of schools in disadvantaged areas that are adversely affected by the new weighting system introduced in June 2004 will not lose out as a result of the changes; and if she will make a statement on the matter. [30154/04]

I am conscious of difficulties that could arise in relation to the proposed model for allocating resource teachers to primary schools, particularly for children in small and rural schools if it were implemented as proposed. Accordingly, I will review the proposed model to ensure it provides an automatic response for pupils with common mild learning disabilities without the need for cumbersome individual applications while, at the same time, ensuring pupils in receipt of service continue to receive the level of service appropriate to their needs. The review will involve consultation with educational interests and the National Council for Special Education before it is implemented next year. It is important to emphasise that applications may be made for specific resource teacher allocations in respect of pupils with lower incidence special educational needs.

School Staffing.

Seán Crowe

Question:

467 Mr. Crowe asked the Minister for Education and Science if she will investigate the delayed progress at a school (details supplied) in County Donegal and the delay in having an extra teacher allocated to the school and in the provision of a pre-fab. [30155/04]

The staffing of a primary school is determined by reference to the enrolment of the school on 30 September of the previous school year. The number of mainstream posts sanctioned is determined by reference to a staffing schedule and is finalised for a particular year following discussions with the education partners. The mainstream staffing of the school referred to by the Deputy for the current school year is a principal and three mainstream class teachers based on the enrolment of 113 pupils on 30 September 2003. According to data submitted to my Department by the board of management, the enrolment on 30 September 2004 was 120 pupils. The staffing for the 2005-06 school year will be determined on the basis of this figure in accordance with the agreed staffing schedule which is expected to be notified to boards of management early in 2005.

The school planning section of my Department has considered all applications for temporary accommodation. In the context of the available funding and the number of applications for that funding, it was not possible to approve all applications received and only those with an absolute and demonstrated need for additional accommodation were approved. The application from the school referred to by the Deputy was not successful on this occasion.

The need for accommodation at the school is being considered as part of a review of all projects that did not proceed to construction as part of the 2004 school building programme. All projects are being assessed against the published prioritisation criteria, revised earlier this year following consultation with the education partners. Each project will be assigned a band rating and the progress of all projects will be considered in the context of the school building programme from 2005 onwards.

Special Educational Needs.

Paddy McHugh

Question:

468 Mr. McHugh asked the Minister for Education and Science if she will approve as a matter of urgency a special needs assistant for a person (details supplied) in County Galway; and if she will make a statement on the matter. [30156/04]

My Department received an application for special needs assistant support for the pupil in question on 15 November 2004. 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.

Student Support Schemes.

Seán Haughey

Question:

469 Mr. Haughey asked the Minister for Education and Science the student support schemes and measures available under the aegis of her Department to assist a third level student of a private college (details supplied); and if she will make a statement on the matter. [30157/04]

The higher education grants scheme operates under the Local Authorities (Higher Education Grants) Acts 1968 to 1992. Under the scheme, an approved course is defined as a full-time undergraduate course of at least two years duration or a full-time postgraduate course of not less than one year's duration pursued in an approved institution. An approved institution is defined to mean a university, university college or other institution of higher education in so far as it provides a course or courses of not less than two years' duration, being a course or courses that the Minister for Education and Science approves for the time being for the purposes of the Acts.

Each year a list of approved institutions is specified for the purposes of the scheme. The approved institutions mainly comprise of publicly funded third level institutions. In this regard, the college to which the Deputy refers is not an approved college for the purpose of the scheme. Any extension to the scope of the grants scheme to include private colleges such as Portobello College can be considered only in light of available resources and in the context of competing demands within the education sector. There are no plans to extend the scope of the student support schemes to private colleges.

Special Educational Needs.

Emmet Stagg

Question:

470 Mr. Stagg asked the Minister for Education and Science when a computer will be provided to a person (details supplied) on foot of the application made by the principal of this person’s school; and if she will make a statement on the matter. [30158/04]

My Department awaits the submission of an application for a grant in respect of the equipment for the person referred to by the Deputy. I have asked my officials to contact the school authorities regarding this matter, with a view to the speedy resolution of same.

School Closures.

Martin Brady

Question:

471 Mr. M. Brady asked the Minister for Education and Science the discussions that have taken place regarding alternative accommodation for pupils given the decision to close a school (details supplied) in Kilbarrack; the future use of the school; and if she will meet with residents to discuss the future use of the school. [30169/04]

A decision has been taken by the trustees of the school referred to by the Deputy that it will close 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. I am satisfied there is sufficient capacity in post-primary schools in the area to cater for children who would otherwise have attended the school in question. Assistance with arrangements for specific alternative placements for pupils is, in the first instance, a matter for the school's management authority. At this early stage, consideration has not yet been given to the future use of the school building. In the absence of such consideration, a meeting with residents would not be beneficial at this time.

Educational Disadvantage.

Eoin Ryan

Question:

472 Mr. Eoin Ryan asked the Minister for Education and Science if she will designate a primary school (details supplied) in the Dublin 4 area as a Dublin inner city school in view of the large number of its pupils who live in the defined inner city area; and if she will make a statement on the matter. [30170/04]

My Department has been engaged in an overall review of its educational disadvantage programmes, with a view to building on what has been achieved to date, adopting a more systematic, targeted and integrated approach and strengthening the capacity of the system to meet the educational needs of disadvantaged children and young people. A decision to expand or extend any of the initiatives aimed at addressing educational disadvantage is being considered in the context of this review, the outcome of which I hope to announce shortly.

Site Acquisitions.

Ciarán Cuffe

Question:

473 Mr. Cuffe asked the Minister for Education and Science the demographic and other data used in determining the location of new schools; and if data on planning applications for dwellings is used as part of this process. [30206/04]

The process of assessing the need for new or additional educational facilities at primary and post-primary level in a given area entails consideration by my Department of all relevant factors, including enrolment and demographic trends, housing developments and the capacity of existing schools to meet the demand for places. This process includes obtaining information regarding the number of planning permissions granted and sought in particular areas.

As part of this process, the Minister for Education and Science is included among the prescribed authorities to whom local authorities are statutorily obliged to send draft development plans or proposed variations to development plans. My Department monitors these plans and meets with local authorities, as required, to establish the location, scale and pace of major housing developments and their possible implications for school provision. Where appropriate, the local authority may be requested to reserve a site for educational purposes. In this way, every effort is made to ensure adequate existing provision or timely arrangements are made to extend capacity, where necessary. Liaison with existing schools is an important part of the process also, as the school authorities would usually alert my Department where, in their view, the need for additional accommodation is anticipated.

In addition, standing arrangements are in place for officials of my Department's planning and building unit to meet on a regular basis with officials of the four Dublin local authorities to discuss development proposals and consequent site requirements for new schools. My Department is concentrating on the areas of major development and population growth with a view to identifying where the most urgent need for new or additional educational facilities exists or is likely to arise in the future.

School Accommodation.

Ciarán Cuffe

Question:

474 Mr. Cuffe asked the Minister for Education and Science if she considered acquiring a hall (details supplied) in Dublin 2 in order to provide future accommodation for students. [30207/04]

My Department does not provide student accommodation or direct financial assistance for the provision of such accommodation. In recognition of the difficulties students can experience in obtaining accommodation and following consultation with third level colleges, a special tax incentive was introduced to encourage the provision of dedicated student residential accommodation in section 50 of the Finance Act 1999. The tax incentive is available for expenditure up to 31 July 2006 where an application for full planning permission is received by a planning authority by 31 December 2004. The opportunity, therefore, exists to create significant additional accommodation for third level students. A rent a room relief scheme was introduced in the Finance Act 2001. It allows homeowners rent out a room in their homes and have rental income up to €7,620 a year tax free. The scheme encourages householders to rent rooms to students.

Denis O'Donovan

Question:

475 Mr. O’Donovan asked the Minister for Education and Science the proposals she has for the purchase of a site for the construction of a new school (details supplied) in County Cork to replace the existing overcrowded and inadequate school; and if she will make a statement on the matter. [30211/04]

The property management section of the OPW, which acts on behalf of my Department on site acquisitions generally, is exploring the possibility of acquiring a site for the school referred to by the Deputy.

Due to the commercial sensitivities of site acquisitions, it is not proposed at this stage to identify specific sites to be acquired. However, this information will be placed on my Department's website when the relevant acquisitions have been completed.

Schools Refurbishment.

Denis O'Donovan

Question:

476 Mr. O’Donovan asked the Minister for Education and Science the plans she has to renovate and refurbish a national school (details supplied) in County Cork; the date when works will commence; and if she will make a statement on the matter. [30212/04]

A number of schemes are funded by my Department from which school building repair projects can be addressed. Under the grant scheme for minor works to national school properties, which came into operation in January 1997, all national schools receive funding annually. Items such as the replacement of windows, roof repairs, re-surfacing of school yard, re-painting and re-decorating qualify as improvements to school building and grounds and come within the scope of the minor works covered by this grant.

The summer works scheme, SWS, provides capital grants for necessary small-scale works that can be planned and delivered during the summer months. Applications are considered under the terms and conditions of the scheme. The management authority of the school has recently made an application for grant aid towards electrical works at the school under the summer works scheme 2005. All applications for the 2005 scheme will be considered in school planning section and it is planned to publish the list of successful applicants early in the new year.

Special Educational Needs.

Michael Lowry

Question:

477 Mr. Lowry asked the Minister for Education and Science if her attention has been drawn to a letter (details supplied) regarding the issue of the new weighted system for assessment of special needs teacher requirements in primary schools; if she will reconsider the special needs requirement in the school outlined; and if she will make a statement on the matter. [30213/04]

I am aware of the concerns raised in the letter regarding the impact that the proposed model for allocating resource teachers to primary schools will have on the school in question. The school has two full-time resource teaching posts, one full-time learning support post and approximately 12.5 part-time resource teaching hours. I am conscious of difficulties that could arise regarding the proposed model, particularly for children in small and rural schools if it were implemented as proposed. Accordingly, I will review the proposed model to ensure that it provides an automatic response for pupils with common mild learning disabilities, without the need for cumbersome individual applications, while, at the same time, ensuring pupils in receipt of service continue to receive the level of service appropriate to their needs. The review will involve consultation with educational interests and the National Council for Special Education before it is implemented next year. It is important to emphasise that applications may be made for specific resource teacher allocations in respect of pupils with lower incidence special educational needs.

Suicide Prevention.

Michael Lowry

Question:

478 Mr. Lowry asked the Minister for Education and Science if her attention has been drawn to the crisis facing teachers in primary and post-primary schools relating to the issue of youth suicide; her views on the fact that a co-ordinated effort based on the principle of early intervention involving her Department, youth affairs, the Department of Health and Children and the National Children’s Office is needed to tackle this huge and sensitive issue facing young people; her proposals for dealing with the crisis of youth suicide that faces parents and young people today; and if she will make a statement on the matter. [30214/04]

I am aware of the serious problem of youth suicide and of the need for a co-ordinated response to this difficult issue. My Department is represented on a national steering group, which is preparing a national strategy for action on suicide prevention. A number of Departments and interested bodies are also represented on this steering group, which is also supported by a technical advisory group. Wide consultation has taken place throughout the country, including consultation with the partners in education. The consultation process is nearing completion and a new strategy and implementation plan will be ready by March 2005. Several sections of my Department and its associated agencies are considering actions which can be taken to tackle this serious problem. I will be in a position to make a further statement on this matter when the national strategy is published.

Special Educational Needs.

Michael Lowry

Question:

479 Mr. Lowry asked the Minister for Education and Science her views on whether there is a need for behavioural therapists to support primary and post-primary schools in tackling issues of behaviour, youth suicide, discipline and other related issues; the cost to her Department to provide one behavioural therapist to every two primary and post primary schools; and if she will make a statement on the matter. [30215/04]

The issues of behaviour, youth suicide, and discipline are so complex that they are unlikely to be addressed by the introduction of one particular kind of professional intervention. The problems need to be addressed at whole school, class and individual pupil levels, as well as by collaborative interventions in the wider education, health, justice and welfare systems to ensure easy access to therapeutic services for children and young people. As regards the employment of behaviour therapists, a more practical solution would be to ensure guidance counsellors, support teachers and pastoral staff who are in schools have access to appropriate training and support that will enable them to deal with the difficulties mentioned by the Deputy.

Schools may request support from the National Educational Psychological Service, NEPS, on suicide and, if necessary, NEPS refers children and young people on to therapeutic services in the health sector. NEPS has also produced a resource pack for schools that helps them to plan a response to critical incidents and, in some areas, psychologists have arranged meetings on this subject for guidance counsellors and other groups of teachers.

With regard to the cost of providing one behaviour therapist to every two schools, it is difficult to get a precise estimate because of variations in the pay scales in different settings. The pay for a recruitment grade therapist at the bottom of the scale ranges from approximately €27,000 to €32,000 and, therefore, providing one to every two schools would cost approximately €50 million. However, it would be more appropriate and effective to support services available to schools.

Suicide Prevention.

Michael Lowry

Question:

480 Mr. Lowry asked the Minister for Education and Science if her attention has been drawn to a letter (details supplied) sent to her office on 31 October 2004; the way in which she intends to assist primary and post-primary teachers who are faced with students at risk of potential suicide; and if she will make a statement on the matter. [30216/04]

I am aware of the contents of this letter, which outlines details of a particular case and also makes suggestions about a strategic approach aimed at dealing with emotional disturbance, thus preventing suicide. Schools faced with an emergency situation have access to advice from the National Educational Psychological Service, NEPS. NEPS published a school handbook on responding to critical incidents last year and, while it mainly addresses the issue of preparing for and managing critical incidents, it also contains a short section on the creation of a supportive and caring school ethos, and advice on assessing students for suicide risk. NEPS psychologists regularly assist schools in the aftermath of an incident since early intervention is important in preventing distress and further difficulties for those close to a person who has died tragically. This is a highly valued element of the service that NEPS provides to schools and I have asked NEPS to contact the writer of the letter in relation to the individual mentioned.

With regard to the broader strategy, research indicates that the development of self-esteem, general coping skills and personal effectiveness is the most appropriate way to help the general population of young people to deal with life pressures and stress. The introduction of social, personal and health education, SPHE, as a core subject at primary level and up to junior certificate level has been a great achievement. An SPHE support team is in place to help schools to implement this curriculum. The National Council for Curriculum and Assessment is completing a proposal on SPHE for senior cycle. This will include a module on mental health.

In addition, my Department is involved in a national steering group, which is drawing up a new strategy and implementation plan for the prevention of suicide. It expects to report in March 2005 and I will make a further statement when the strategy is published.

Telecommunications Services.

David Stanton

Question:

481 Mr. Stanton asked the Minister for Education and Science if all circular letters and other such documents are to be sent to all primary schools by post until all schools have access to affordable broadband service; the allowance that schools get per year in order to allow them to pay for Internet access costs; and if she will make a statement on the matter. [30235/04]

My Department's commitment to quality customer service includes the commitment to maximise the use of technology to improve service delivery. Within the planning and building unit of my Department, the Internet is used as the predominant mechanism for disseminating information to schools on a range of relevant matters and issues. The unit has not received substantive complaints regarding this method of communication either from schools or from the education partners. It is proposed to continue this pilot and to use the Department's website to update school authorities on planning and building matters only. Other circulars and associated documents will continue to be sent by post.

Since 1999, some support has been available on an annual basis to schools to allow them access the Internet. Initially, through sponsorship by Eircom Limited, originally as Telecom Éireann, and laterally by arrangement within my Department limited free access was granted to all schools who wished it. In 2003-04, my Department gave schools direct grants of between €200 and €300 to support school Internet access charges.

My Department engaged in a public tender process, the results of which will see broadband Internet connectivity supplied to all recognised first and second level schools free of charge. The process will be funded as part of an agreement between Government and the Telecommunications and Internet Federation to which industry will contribute €15 million and the Exchequer €3 million in the period 2005 to 2007. I announced a new €18 million funding package on 20 November to enable primary and post-primary schools to upgrade and augment their computer network facilities in advance of broadband roll-out to schools. This new funding is additional to the €18 million being provided for broadband through the industry-Government fund.

The roll-out of broadband connectivity will be managed and moderated by a national school broadband network, which will provide a range of network support functions, including content filtering, virus protection, firewall and intrusion detection services, and a unified schools e-mail system. It is envisaged the broadband network will be in place at commencement of the broadband roll-out in early 2005 and that all schools will be connected by the end of that year.

Schools Building Projects.

Caoimhghín Ó Caoláin

Question:

482 Caoimhghín Ó Caoláin asked the Minister for Education and Science if she will report on her plans regarding the provision of a new school building for a school (details supplied) in County Cavan; the prospect of same being included in the schools building programme for 2005; and if she will make a statement on the matter. [30247/04]

An application from the school in County Cavan referred to by the Deputy is being considered as part of a review of all projects which did not proceed to construction as part of the 2004 school building programme. All projects are being assessed against the published prioritisation criteria, revised earlier this year following consultation with the education partners. Each project will be assigned a band rating and the progress of all projects will be considered in the context of the school building programme from 2005 onwards.

Institutes of Technology.

Brian O'Shea

Question:

483 Mr. O’Shea asked the Minister for Education and Science her proposals to assist Waterford Institute of Technology in rapidly developing its research and development capacity to assist the manufacturing sector in the south-east region in meeting the growing challenges in the global market, thereby contributing the protection of existing jobs and the creation of new jobs; and if she will make a statement on the matter. [30248/04]

The Government has committed €698 million to the education sector for research, technology, innovation and development under the National Development Plan 2000-2006.

Some €38 million of this has been specifically allocated to institutes of technology under the technological sector research sub-measure. The objective of providing this specific funding for institutes of technology is to support and strengthen the research capability of the sector by enabling institutes to focus on research projects based on core strengths, either of individual institutes or of the sector as a whole. Funding for research is allocated on the basis of a competitive process with independent adjudication by national and international experts.

Waterford Institute of Technology has received funding amounting to some €2.36 million under the technological sector research sub-measure in the period 2000 to 2004. I also understand that the institute, in collaboration with other third level institutions, has been allocated almost €5 million under the programme for research in third level institutions, PRTLI as the lead institution in a particular research project.

Special Educational Needs.

Pat Breen

Question:

484 Mr. P. Breen asked the Minister for Education and Science if consideration will be given to sanctioning a special needs assistant for a person (details supplied) in County Clare; and if she will make a statement on the matter. [30258/04]

I can confirm that my Department has considered an application for a special needs assistant, SNA, for the pupil in question. The process included a visit to the school by my Department's inspectorate. The staffing level at the school consists of ten teaching posts and 16 SNAs and the current enrolment is 53. My Department's advice is that the school should deploy its existing SNA support in a flexible manner to meet the needs of all the pupils with special care needs in the school, including the pupil in question. My Department conveyed this advice to the school in a letter on 10 November 2004.

Higher Education Grants.

Damien English

Question:

485 Mr. English asked the Minister for Education and Science if a person (details supplied) in County Meath will be given a grant for a two-year degree course in embalming for a college in California; and if she will make a statement on the matter. [30311/04]

The position is that none of the third level student support schemes operated under the aegis of the Department extend to undergraduate courses outside the European Union. Apart from the funds provided specifically for the purposes of the third level student support schemes, there are no other moneys at the disposal of the Department of Education and Science out of which financial assistance could be made available for study for a college in California.

Damien English

Question:

486 Mr. English asked the Minister for Education and Science the reason a person (details supplied) in Dublin 15 will not be classified as a mature student and still has to submit their family income details to qualify for grant aid from the local authority; and if she will make a statement on the matter. [30326/04]

The higher education grant schemes operate under the Local Authorities (Higher Education Grants) Acts 1968 to 1992. These Acts define a mature student to mean a person "of not less than 23 years of age, or such 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". The Acts further provide, inter alia, for the making of grants to mature students whose means and those of their parents, where the mature students are dependent on their parents do not exceed prescribed limits.

Under the terms of the higher education grants schemes, mature students are categorised as either independent mature students or mature students dependent on parents. An independent mature student is defined to mean a mature student who was not ordinarily resident at home with his or her parents from the October preceding 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 Acts specify 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.

With regard to the student referred to by the Deputy, Meath County Council confirmed that the student was assessed as a dependent mature student on the year of entry of his approved course and will, therefore, continue to be assessed as such for the duration of the course. To assess the eligibility of the candidate for a maintenance grant, the local authority must examine the income details of both the candidate and of the parents in this case.

Schools Building Projects.

Olwyn Enright

Question:

487 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Laois; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30327/04]

Olwyn Enright

Question:

552 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Offaly; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30393/04]

Olwyn Enright

Question:

586 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Offaly; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30427/04]

Olwyn Enright

Question:

587 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Offaly; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30428/04]

Olwyn Enright

Question:

589 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Offaly; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30430/04]

Olwyn Enright

Question:

591 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Offaly; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30432/04]

Olwyn Enright

Question:

593 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Laois; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30434/04]

Olwyn Enright

Question:

595 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Offaly; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30436/04]

Olwyn Enright

Question:

599 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Offaly; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30440/04]

Olwyn Enright

Question:

600 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Offaly; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30441/04]

I propose to take Questions Nos. 487, 552, 586, 587, 589, 591, 593, 595, 599 and 600 together.

My Department has no record of an application for capital funding from the schools referred to by the Deputy.

Olwyn Enright

Question:

488 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Laois; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30328/04]

Olwyn Enright

Question:

489 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Laois; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30329/04]

Olwyn Enright

Question:

490 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Laois; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30330/04]

Olwyn Enright

Question:

492 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Laois; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30332/04]

Olwyn Enright

Question:

493 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Laois; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30333/04]

Olwyn Enright

Question:

495 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Laois; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30335/04]

Olwyn Enright

Question:

497 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Laois; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30337/04]

Olwyn Enright

Question:

498 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Laois; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30338/04]

Olwyn Enright

Question:

500 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Laois; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30340/04]

Olwyn Enright

Question:

504 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Laois; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30344/04]

Olwyn Enright

Question:

512 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Laois; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30352/04]

Olwyn Enright

Question:

520 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Laois; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30360/04]

Olwyn Enright

Question:

522 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Laois; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30362/04]

Olwyn Enright

Question:

523 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Laois; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30363/04]

Olwyn Enright

Question:

526 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Laois; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30366/04]

Olwyn Enright

Question:

529 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Laois; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30369/04]

Olwyn Enright

Question:

532 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Laois; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30372/04]

Olwyn Enright

Question:

538 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Laois; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30378/04]

Olwyn Enright

Question:

539 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Laois; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30379/04]

Olwyn Enright

Question:

540 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Laois; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30380/04]

I propose to take Questions Nos. 488, 489, 490, 492, 493, 495, 497, 498, 500, 504, 512, 520, 522, 523, 526, 529, 532, 538, 539 and 540 together.

My Department has no record of an application for capital funding from the schools referred to by the Deputy. However, school planning section officials are in ongoing discussions with the trustees of a number of schools in Portlaoise regarding possible future accommodation requirements in this rapidly developing town.

Olwyn Enright

Question:

491 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Laois; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30331/04]

Olwyn Enright

Question:

494 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Laois; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30334/04]

Olwyn Enright

Question:

496 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Laois; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30336/04]

Olwyn Enright

Question:

501 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Laois; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30341/04]

Olwyn Enright

Question:

502 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Laois; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30342/04]

Olwyn Enright

Question:

503 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Laois; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30343/04]

Olwyn Enright

Question:

506 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Laois; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30346/04]

Olwyn Enright

Question:

508 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Laois; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30348/04]

Olwyn Enright

Question:

509 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Offaly; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30349/04]

Olwyn Enright

Question:

525 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Kildare; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30365/04]

Olwyn Enright

Question:

527 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Laois; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30367/04]

Olwyn Enright

Question:

528 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Laois; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30368/04]

Olwyn Enright

Question:

534 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Laois; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30374/04]

Olwyn Enright

Question:

536 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Laois; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30376/04]

Olwyn Enright

Question:

543 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Laois; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30384/04]

Olwyn Enright

Question:

547 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Laois; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30388/04]

Olwyn Enright

Question:

548 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Laois; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30389/04]

Olwyn Enright

Question:

549 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Laois; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30390/04]

Olwyn Enright

Question:

561 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Offaly; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30402/04]

Olwyn Enright

Question:

583 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Offaly; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30424/04]

I propose to take Questions Nos. 491, 494, 496, 501 to 503, inclusive 506, 508, 509, 525, 527, 528, 534, 536, 543, 547, 548, 549, 561 and 583 together.

Applications for capital funding have been received from the schools referred to by the Deputy. These applications are being considered as part of a review of all projects which did not proceed to construction as part of the 2004 school building programme. Under this review, all projects are being assessed against the published prioritisation criteria which were revised earlier this year following consultation with the education partners. Each project will be assigned a band rating and the progress of all projects will be considered in the context of the school building programme from 2005 onwards.

Questions Nos. 492 and 493 answered with Question No. 488.
Question No. 494 answered with QuestionNo. 491.
Question No. 495 answered with QuestionNo. 488.
Question No. 496 answered with QuestionNo. 491.
Questions Nos. 497 and 498 answered with Question No. 488.

Olwyn Enright

Question:

499 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Laois; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30339/04]

Olwyn Enright

Question:

531 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Carlow; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30371/04]

Olwyn Enright

Question:

557 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Offaly; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30398/04]

Olwyn Enright

Question:

562 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Offaly; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30403/04]

Olwyn Enright

Question:

566 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Offaly; the status of the application; if it woll be included in the schools building programme 2005; and if she will make a statement in the matter. [30407/04]

Olwyn Enright

Question:

568 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Offaly; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30409/04]

Olwyn Enright

Question:

569 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Offaly; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30410/04]

Olwyn Enright

Question:

578 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Offaly; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30419/04]

Olwyn Enright

Question:

584 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Offaly; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30425/04]

Olwyn Enright

Question:

588 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Tipperary; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30429/04]

Olwyn Enright

Question:

590 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Offaly; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30431/04]

Olwyn Enright

Question:

594 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Offaly; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30435/04]

Olwyn Enright

Question:

596 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Offaly; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30437/04]

Olwyn Enright

Question:

598 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Offaly; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30439/04]

Olwyn Enright

Question:

601 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Offaly; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30442/04]

Olwyn Enright

Question:

605 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Offaly; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30446/04]

Olwyn Enright

Question:

610 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Offaly; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30451/04]

Olwyn Enright

Question:

617 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Offaly; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30458/04]

I propose to take Questions Nos. 499, 531, 557, 562, 566, 568, 569, 578, 584, 588, 590, 594, 596, 598, 601, 605, 610 and 617 together.

Applications have been received for capital funding from the schools to which the Deputy refers. These applications are being considered as part of a review of all projects which did not proceed to construction as part of the 2004 school building programme. Under this review, all projects are being assessed against the published prioritisation criteria which were revised earlier this year following consultation with the education partners. Each project will be assigned a band rating and the progress of all projects will be considered in the context of the school building programme from 2005 onwards.

Question No. 500 answered with QuestionNo. 488.
Questions Nos. 501 to 503, inclusive, answered with Question No. 491.
Question No. 504 answered with QuestionNo. 488.

Olwyn Enright

Question:

505 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Laois; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30345/04]

Olwyn Enright

Question:

507 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Laois; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30347/04]

Olwyn Enright

Question:

518 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Carlow; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30358/04]

Olwyn Enright

Question:

521 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Carlow; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30361/04]

Olwyn Enright

Question:

533 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Laois; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30373/04]

Olwyn Enright

Question:

537 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Laois; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30377/04]

Olwyn Enright

Question:

550 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Laois; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30391/04]

Olwyn Enright

Question:

608 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Offaly; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30449/04]

I propose to take Questions Nos. 505, 507, 518, 521, 533, 537, 550 and 608 together.

Applications for building works have been made by the schools referred to by the Deputy. The building projects are at early stages of architectural planning. My officials are nearing completion of a review of all projects which did not proceed to construction as part of the 2004 school building programme including the schools in question. All projects are being assessed against the published prioritisation criteria, agreed earlier this year with the education partners. Each project will be assigned a band rating and the progress of all projects will be considered in the context of the school building programme from 2005 onwards.

Question No. 506 answered with QuestionNo. 491.
Question No. 507 answered with QuestionNo. 505.
Question No. 508 and 509 answered with Question No. 491.

Olwyn Enright

Question:

510 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Kildare; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30350/04]

The extension project for the school referred to by the Deputy was authorised to proceed to advanced architectural planning stage 4, detail design, in July 2004. My officials are nearing completion of a review of all projects which did not proceed to construction as part of the 2004 school building programme including the school referred to by the Deputy. All projects are being assessed against the published prioritisation criteria, agreed earlier this year with the education partners. Each project will be assigned a band rating and the progress of all projects will be considered in the context of the school building programme from 2005 onwards.

Olwyn Enright

Question:

511 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Kildare; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30351/04]

Olwyn Enright

Question:

519 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Kildare; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30359/04]

Olwyn Enright

Question:

555 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Offaly; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30396/04]

Olwyn Enright

Question:

556 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Offaly; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30397/04]

Olwyn Enright

Question:

558 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Offaly; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30399/04]

Olwyn Enright

Question:

563 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Offaly; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30404/04]

Olwyn Enright

Question:

564 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Offaly; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30405/04]

Olwyn Enright

Question:

565 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Offaly; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30406/04]

Olwyn Enright

Question:

571 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Offaly; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30412/04]

Olwyn Enright

Question:

572 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Kildare; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30413/04]

Olwyn Enright

Question:

576 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Offaly; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30417/04]

Olwyn Enright

Question:

577 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Offaly; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30418/04]

Olwyn Enright

Question:

579 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Offaly; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30420/04]

Olwyn Enright

Question:

580 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Offaly; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30421/04]

Olwyn Enright

Question:

582 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Offaly; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30423/04]

I propose to take Questions Nos. 511, 519, 555, 556, 558, 563 to 565, inclusive, 571, 572, 576, 577, 579, 580 and 582 together.

My Department has no record of an application for capital funding from the schools referred to by the Deputy.

Question No. 512 answered with QuestionNo. 488.

Olwyn Enright

Question:

513 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Laois; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30353/04]

Olwyn Enright

Question:

615 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Offaly; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30456/04]

I propose to take Questions Nos. 513 and 615 together.

My Department has recently funded the provision of a new eight-classroom school and a new three-classroom school for the schools referred to by the Deputy.

Olwyn Enright

Question:

514 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Carlow; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30354/04]

Olwyn Enright

Question:

535 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Carlow; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30375/04]

I propose to take Questions Nos. 514 and 535 together.

My Department has no record of an application for capital funding from the schools referred to by the Deputy.

Olwyn Enright

Question:

515 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Kildare; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30355/04]

I am pleased to advise the Deputy that the school in question is included in my Department's 2004 school building programme. As part of the expansion of the devolved scheme contained in the 2004 school building programme, a grant of €200,000 was sanctioned to enable the management authority of the school in question to provide additional accommodation.

Olwyn Enright

Question:

516 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Laois; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30356/04]

I am pleased to advise the Deputy that the school in question was included in my Department's 2003 school building programme.

As part of a pilot initiative contained in the 2003 school building programme, a grant of €100,000 was sanctioned to enable the management authority of the school in question to provide additional classroom accommodation.

The initiative allows boards of management to address their accommodation and building priorities with a guaranteed amount of funding and them control of the building project.

Olwyn Enright

Question:

517 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Laois; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30357/04]

Olwyn Enright

Question:

559 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Offaly; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30400/04]

Olwyn Enright

Question:

570 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Offaly; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30411/04]

Olwyn Enright

Question:

575 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Offaly; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30416/04]

Olwyn Enright

Question:

609 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Offaly; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30450/04]

I propose to take Questions Nos. 517, 559, 570, 575 and 609 together.

The projects referred to by the Deputy are part of this year's school building programme and I am pleased to inform her that construction work is recently under way at each of them.

Question No. 518 answered with QuestionNo. 505.
Question No. 519 answered with QuestionNo. 511.
Question No. 520 answered with QuestionNo. 488.
Question No. 521 answered with QuestionNo. 505.
Questions Nos. 522 and 523 answered with Question No. 488.

Olwyn Enright

Question:

524 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Laois; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30364/04]

I am pleased to advise the Deputy that the school in question is included in my Department's 2004 school building programme.

As part of the expansion of the devolved scheme contained in the 2004 school building programme, a grant of €275,000 was sanctioned to enable the management authority of the school in question to provide additional accommodation.

The initiative allows boards of management to address their accommodation and building priorities with a guaranteed amount of funding and gives them control of the building project.

Question No. 525 answered with QuestionNo. 491.
Question No. 526 answered with QuestionNo. 488.
Questions Nos. 527 and 528 answered with Question No. 491.
Question No. 529 answered with QuestionNo. 488.

Olwyn Enright

Question:

530 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Laois; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30370/04]

I am pleased to advise the Deputy that the school in question is included in my Department's 2004 school building programme. As part of the expansion of the devolved scheme contained in the 2004 school building programme, a grant of €275,000 was sanctioned to enable the management authority of the school in question to provide additional accommodation. The initiative allows boards of management to address their accommodation and building priorities with a guaranteed amount of funding and gives boards of management control of the building project.

Question No. 531 answered with QuestionNo. 499.
Question No. 532 answered with QuestionNo. 488.
Question No. 533 answered with QuestionNo. 505.
Question No. 534 answered with QuestionNo. 491.
Question No. 535 answered with QuestionNo. 514.
Question No. 536 answered with QuestionNo. 491.
Question No. 537 answered with QuestionNo. 505.
Question No. 538 answered with QuestionNo. 488.
Questions Nos. 539 and 540 answered with Question No. 488.

Olwyn Enright

Question:

541 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Laois; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30382/04]

Olwyn Enright

Question:

542 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Laois; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30383/04]

Olwyn Enright

Question:

544 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Laois; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30385/04]

Olwyn Enright

Question:

545 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Laois; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30386/04]

Olwyn Enright

Question:

546 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Laois; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30387/04]

Olwyn Enright

Question:

554 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Offaly; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30395/04]

Olwyn Enright

Question:

602 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Offaly; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30443/04]

Olwyn Enright

Question:

603 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Offaly; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30444/04]

Olwyn Enright

Question:

606 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Offaly; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30447/04]

Olwyn Enright

Question:

607 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Tipperary; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30448/04]

Olwyn Enright

Question:

612 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Offaly; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30453/04]

Olwyn Enright

Question:

613 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Offaly; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30454/04]

Olwyn Enright

Question:

616 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Offaly; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30457/04]

I propose to take Questions Nos. 541, 542, 544, 545, 546, 554, 602, 603, 606, 607, 612, 613 and 616 together.

My Department has no record of an application for capital funding from the schools to which the Deputy refers.

Question No. 543 answered with QuestionNo. 491.
Questions Nos. 544 to 546, inclusive, answered with Question No. 541.
Questions Nos. 547 to 549, inclusive, answered with Question No. 491.
Question No. 550 answered with QuestionNo. 505.

Olwyn Enright

Question:

551 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Laois; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30392/04]

I am pleased to advise the Deputy that the school in question is included in my Department's 2004 school building programme. As part of the expansion of the devolved scheme contained in the 2004 school building programme, a grant of €350,000 was sanctioned to enable the management authority of the school in question to provide additional accommodation. The initiative allows boards of management to address their accommodation and building priorities with a guaranteed amount of funding and gives boards of management control of the building project.

Question No. 552 answered with QuestionNo. 487.

Olwyn Enright

Question:

553 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Offaly; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30394/04]

An application for capital funding has been received from the school to which the Deputy refers. 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.

Question No. 554 answered with QuestionNo. 541.
Questions Nos. 555 and 556 answered with Question No. 511.
Question No. 557 answered with QuestionNo. 499.
Question No. 558 answered with QuestionNo. 511.
Question No 559 answered with QuestionNo. 517.

Olwyn Enright

Question:

560 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Offaly; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30401/04]

The extension project for the school referred to by the Deputy is at an early stage of architectural planning. It has a band 2 rating. My officials are nearing completion of a review of all projects which did not proceed to construction as part of the 2004 school building programme including the school in question. All projects are being assessed against the published prioritisation criteria, agreed earlier this year with the education partners.

Each project will be assigned a band rating and the progress of all projects will be considered in the context of the school building programme from 2005 onwards.

Question No. 561 answered with QuestionNo. 491.
Question No. 562 answered with QuestionNo. 499.
Questions Nos. 563 to 565, inclusive, answered with Question No. 511.
Question No. 566 answered with QuestionNo. 499.

Olwyn Enright

Question:

567 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Offaly; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30408/04]

My Department has no record of an application for capital funding from the school to which the Deputy refers.

Questions Nos. 568 and 569 answered with Question No. 499.
Question No. 570 answered with QuestionNo. 517.
Questions Nos. 571 and 572 answered with Question No. 511.

Olwyn Enright

Question:

573 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Offaly; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30414/04]

The school in question was included in my Department's 2003 school building programme. As part of a pilot initiative contained in the 2003 school building programme, a grant of €200,000 was sanctioned to enable the management authority of the school to provide additional classroom accommodation. The initiative allows boards of management to address their accommodation and building priorities with a guaranteed amount of funding and gives boards of management control of the building project.

Olwyn Enright

Question:

574 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Offaly; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30415/04]

An application for capital funding has been received from the school to which the Deputy refers. 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.

Question No. 575 answered with QuestionNo. 517.
Questions Nos. 576 and 577 answered with Question No. 511.
Question No. 578 answered with QuestionNo. 499.
Questions Nos. 579 and 580 answered with Question No. 511.

Olwyn Enright

Question:

581 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Offaly; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30422/04]

The extension project for the school referred to by the Deputy is at an early stage of architectural planning. It has a band 1 rating.

My officials are nearing completion of a review of all projects which did not proceed to construction as part of the 2004 school building programme, including the school in question. All projects are being assessed against the published prioritisation criteria, agreed earlier this year with the education partners. Each project will be assigned a band rating and the progress of all projects will be considered in the context of the school building programme from 2005 onwards.

Question No. 582 answered with QuestionNo. 511.
Question No. 583 answered with QuestionNo. 491.
Question No. 584 answered with QuestionNo. 499.

Olwyn Enright

Question:

585 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Offaly; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30426/04]

The extension project for the school referred to by the Deputy is at an early stage of architectural planning. It has a band 2 rating.

My officials are nearing completion of a review of all projects which did not proceed to construction as part of the 2004 school building programme, including the school in question. All projects are being assessed against the published prioritisation criteria, agreed earlier this year with the education partners. Each project will be assigned a band rating and the progress of all projects will be considered in the context of the school building programme from 2005 onwards.

Questions Nos. 586 and 587 answered with Question No. 487.
Question No. 588 answered with QuestionNo. 499.
Question No. 589 answered with QuestionNo. 487.
Question No. 590 answered with QuestionNo. 499.
Question No. 591 answered with QuestionNo. 487.

Olwyn Enright

Question:

592 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Offaly; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30433/04]

An extension-refurbishment costing €340,000 has been recently completed at the school in question.

Question No. 593 answered with QuestionNo. 487.
Question No. 594 answered with QuestionNo. 499.
Question No. 595 answered with QuestionNo. 487.
Question No. 596 answered with QuestionNo. 499.

Schools Refurbishment.

Olwyn Enright

Question:

597 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Offaly; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30438/04]

I am pleased to inform the Deputy that an extension-refurbishment project costing €1.6 million has been recently completed at the school in question.

Question No. 598 answered with QuestionNo. 499.
Questions Nos. 599 and 600 answered with Question No. 487.
Question No. 601 answered with QuestionNo. 499.
Questions Nos. 602 and 603 answered with Question No. 541.

School Accommodation.

Olwyn Enright

Question:

604 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Offaly; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30445/04]

I am pleased to advise the Deputy that the school in question was included in my Department's 2003 school building programme. As part of a pilot initiative contained in that programme, a grant of €150,000 was sanctioned to enable the management authority of the school to provide additional classroom accommodation. The initiative allows boards of management to address their accommodation and building priorities with a guaranteed amount of funding and gives them control of the building project.

Question No. 605 answered with QuestionNo. 499.
Questions Nos. 606 and 607 answered with Question No. 541.
Question No. 608 answered with QuestionNo. 505.
Question No. 609 answered with QuestionNo. 517.
Question No. 610 answered with QuestionNo. 499.

Schools Refurbishment.

Olwyn Enright

Question:

611 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Offaly; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30452/04]

Olwyn Enright

Question:

614 Ms Enright asked the Minister for Education and Science if an application under the schools building programme has been made by a school (details supplied) in County Offaly; the status of the application; if it will be included in the schools building programme 2005; and if she will make a statement on the matter. [30455/04]

I propose to take Questions Nos. 611 and 614 together.

I am pleased to inform the Deputy that a €2.8 million refurbishment programme has recently been completed at the schools in question.

Questions Nos. 612 and 613 answered with Question No. 541.
Question No. 614 answered with QuestionNo. 611.
Question No. 615 answered with QuestionNo. 513.
Question No. 616 answered with QuestionNo. 541.
Question No. 617 answered with QuestionNo. 499.

Defence Forces Property.

Billy Timmins

Question:

618 Mr. Timmins asked the Minister for Defence the position with respect to the disposal of Army lands at a location (details supplied) in County Cork to local organisations; and if he will make a statement on the matter. [29778/04]

An area comprising more than 27 acres of the property in question is being handed over to Cork County Council for community use, including the provision of playing pitches. I understand that at meetings held in the County Hall, Cork, in January 2002, between my predecessor and representatives of local GAA and soccer clubs, it was agreed that the soccer club be allocated one pitch on the northern side of a mill race which traverses the barrack lands and a second pitch to the south of that mill race, while the GAA club would be given an area adjacent to the soccer pitch on the northern side. The formal allocation of the land in question to the clubs is a matter for Cork County Council and my Department is in the process of transferring title to the property to the council. In addition, an area of almost ten acres, currently held under licence by the GAA club, is to be sold to that club.

Defence Forces Reserve.

Billy Timmins

Question:

619 Mr. Timmins asked the Minister for Defence the position in respect of the announcement of the relocation of a unit (details supplied) from Sligo to Athlone; if, in view of the circumstances, this decision will be reversed; and if he will make a statement on the matter. [29794/04]

On 26 July 2004, my predecessor Deputy Michael Smith officially launched the Reserve Defence Force review implementation plan which is the start of a process that will radically change the structure and configuration of the reserve, while preserving its traditional strengths. These include such things as the spirit of voluntary commitment, the maintaining of strong links with local communities and a nationwide geographical spread.

The Permanent Defence Force is now organised in a three-brigade structure and a Defence Forces training centre. The Reserve Defence Force will be similarly reorganised and restructured and it is envisaged that the implementation of this plan will take place over the course of the next six years.

The plan defines the organisational framework of the new Army Reserve and provides for a greater concentration of units within each Army brigade area. There will be mergers both at battalion and company level as well as between sister technical support units. This will be the key to providing enhanced training facilities and opportunities for each member of the reserve.

In producing detailed proposals for the restructuring of reserve units within each brigade area, the military authorities have taken due cognisance of the existing FCA presence within communities. Consultation and communication have been a priority throughout the development of the plan. They will continue to be important if the changes now proposed are to be carried through smoothly and effectively. Reserve units will be kept informed of developments on a regular basis.

Members of the FCA are already seeing the benefits of the reorganisation process in terms of better clothing and improved equipment and more and better quality training. As the process develops, we will see additional benefits in terms of a clearer role for the reserve, a better overall organisation structure, and opportunities for suitably qualified personnel to serve overseas. We will also see benefits from the closer integration and greater inter-operability of the reserve and the Army.

The proposed relocation of the 5 Field CIS company is consistent with the recommendations contained within the Reserve Defence Forces review implementation board report. The report proposed this relocation of 5 Field CIS company to Athlone, where they will be co-located with its Permanent Defence Force sister unit. This co-location will facilitate additional training with highly sophisticated signals equipment which is not available in Sligo.

The military authorities have advised that signals training will continue in Sligo, as the new organisation in Sligo contains the signals platoon of headquarters company. This ensures that signal skills will not be lost to the reserve in Sligo and that personnel will continue to train in the signals area. In addition, the new organisation of the reserve in Sligo provides for an infantry company which actually will increase the overall establishment of the reserve in Sligo from 77 to 155. It is not intended that any Reserve Defence Force location will close.

Communications Masts.

Tony Gregory

Question:

620 Mr. Gregory asked the Minister for Defence, further to Question No. 256 of 16 November 2004, if such a survey will be carried out in view of the fact that such surveys are standard annual practice in many other countries; and if he will make a statement on the matter. [30113/04]

I am advised that while there is no statutory requirement for owners or users of communications masts to have electromagnetic field strength tests carried out, the Commission for Communications Regulation, ComReg, which is the licensing authority for the use of the radio frequency spectrum in Ireland, has recently completed a large survey of communications facilities on behalf of the Minister for Communications, Marine and Natural Resources. The location in question was not selected as one of the sites for survey on this occasion. However, I understand that ComReg may be requested to undertake further measurements next year although a decision in that regard has yet to be made.

Overseas Missions.

Aengus Ó Snodaigh

Question:

621 Aengus Ó Snodaigh asked the Minister for Defence the questions regarding Irish participation in the proposed EU battle groups which he has raised with the EU civil service as indicated to Dáil Éireann on 17 November 2004; the questions raised with EU counterparts on this issue; and any other questions currently being examined by him in relation to this issue. [30305/04]

The development of EU rapid response elements to carry out crisis management operations was a key aspect of the Helsinki headline goal agreed by the Heads of State and Government in 1999. Following on from the realisation of the Helsinki headline goal, albeit with some shortfalls, earlier this year member states adopted a new headline goal with a horizon of 2010. Under the new headline goal, member states decided to commit themselves to be able by 2010 to respond with rapid and decisive action applying a fully coherent approach to the whole spectrum of crisis management operations, that is, the Petersberg Tasks, which, in short, involve humanitarian, rescue, peacekeeping and crisis management operations, including peacemaking. In this context, the ability of the EU to deploy force packages at high readiness as a response to a crisis either as a stand-alone force or as part of a larger operation enabling follow-on phases, is a key element of the 2010 headline goal.

At a military capabilities commitment conference on 22 November 2004, I informed my EU colleagues of Ireland's preparedness to enter into consultations with partners with a view to participation in the rapid response elements which will make up the high readiness force packages. As with many developments in the European Union, the development of rapid response elements has involved much consultation between the member states. This consultation largely takes place at EU level between the civil servants and military personnel of the member states assigned to their respective representations in Brussels. In addition, a key aspect of the development of the multinational rapid response elements will be the question of interoperability with prospective partners. In this context, some informal consultations have taken place between both civil and military officials of my Department and those of Sweden and Finland, with whom the Defence Forces already have a good working relationship in Liberia and Kosovo, respectively.

As stated in my reply to the House on 17 November 2004, further detailed analysis on Ireland's participation in the rapid response elements will take place over the coming months. Following completion of the necessary analysis I intend returning to Government with proposals regarding the level of such participation. I re-emphasise that Ireland's participation in such rapid response elements will remain subject to the usual requirements of Government decision, Dáil approval and UN authorisation.

Planning Issues.

Trevor Sargent

Question:

622 Mr. Sargent asked the Minister for the Environment, Heritage and Local Government the guidelines and best practice advice on tree protection that are available from his Department to local authorities for their subsequent proactive distribution to architects, developers and planners. [29804/04]

Guidelines for planning authorities on tree preservation were issued by my Department in 1994. The guidelines draw attention to the opportunities open to planning authorities to influence and control the contribution which trees can make to the quality of life. Copies of the guidelines are available in the Oireachtas Library.

Water and Sewerage Schemes.

Michael Ring

Question:

623 Mr. Ring asked the Minister for the Environment, Heritage and Local Government the position with regard to a water scheme extension (details supplied) in County Mayo; when funding was applied for by the council for this project; when funding will be approved; and the expected start date of this extension. [29661/04]

The extension of the Lough Mask regional water supply scheme from Shrah to Westport is included in my Department's water services investment programme 2004-2006 to commence construction in 2005. My Department approved the design report for the scheme last June and the submission of contract documents by Mayo County Council is now awaited.

The Louisburgh water supply scheme is also included in my Department's water services investment programme 2004-2006 to commence construction in 2005. Mayo County Council's design report for this scheme, and also for a proposed supply to Murrisk, is under examination in my Department and will be dealt with as quickly as possible.

Community Warden Service.

Jim O'Keeffe

Question:

624 Mr. J. O’Keeffe asked the Minister for the Environment, Heritage and Local Government the position regarding the proposal to establish a community warden service; and if he will make a statement on the matter. [29664/04]

The pilot community warden service was launched in February 2002 in five local authorities: Galway, Leitrim and Wexford County Councils, Galway City Council and Naas Town Council. My Department has commissioned an independent evaluation of the pilots and a final report is due very shortly. This will provide a basis for further consideration of the future of the service

Environmental Policy.

Ciarán Cuffe

Question:

625 Mr. Cuffe asked the Minister for the Environment, Heritage and Local Government the reason that between 1998 and 2003, Ireland has had the second highest number of environment infringement cases of all EU member states; and if he will make a statement on the matter. [29673/04]

Ciarán Cuffe

Question:

628 Mr. Cuffe asked the Minister for the Environment, Heritage and Local Government if, in view of Ireland’s record concerning compliance with EU environmental regulations, he will consider upgrading or consolidating enforcement mechanisms; and if he will make a statement on the matter. [29676/04]

Ciarán Cuffe

Question:

629 Mr. Cuffe asked the Minister for the Environment, Heritage and Local Government the mechanisms that are in place to ensure compliance with EU environmental regulations; and if he will make a statement on the matter. [29677/04]

I propose to take Questions Nos. 625, 628 and 629 together.

I am keenly aware of the importance of timely transposition and effective implementation of EU environmental legislation. Some 200 pieces of EU environmental legislation, including more than 140 directives, have by now been transposed and, more recently, external legal and drafting expertise has been utilised in order to expedite this.

The European Commission has power to take infringement proceedings against member states where it considers that legislation has not been transposed or has been improperly transposed. In line with this prerogative, the Commission raises issues in correspondence with member states, and if agreement is not reached on how to address the issue, may take a case to the European Court of Justice. My Department is in ongoing communication with the Commission on a range of issues at any given time and in addition meets regularly with Commission officials to identify how issues of non-compliance can best be addressed. High priority is being given to addressing outstanding issues in consultation with the Commission and relevant stakeholders.

The European Commission published its fifth annual survey on the implementation and enforcement of Community environmental law 2003 in July 2004. The report included a performance table of member states under three headings, relating to non-transposition, non-conformity and failure to implement derived or secondary obligations. Of the then 15 member states Ireland was ranked sixth best in relation to transposition, eighth in relation to conformity and 15th in relation to the implementation of derived or secondary obligations.

My Department, through the local authorities and the Environmental Protection Agency, EPA, continues to work towards maintaining a high level of environmental protection for Ireland. To strengthen implementation structures, the office of environmental enforcement, OEE, has been established, with roles in direct enforcement action, in providing support and guidance for local authority enforcement efforts, and in pursuing those local authorities whose enforcement performance requires improvement. Ongoing EPA participation in IMPEL, an informal network of European regulators concerned with the implementation and enforcement of environmental legislation, also assists in this work.

Ciarán Cuffe

Question:

626 Mr. Cuffe asked the Minister for the Environment, Heritage and Local Government the reason his Department failed to comply with EU Regulation No. 2037-2000; and if he will make a statement on the matter. [29674/04]

Ciarán Cuffe

Question:

627 Mr. Cuffe asked the Minister for the Environment, Heritage and Local Government the reason his Department chose not to reply to correspondence and notices of action from the European Commission and preferred to argue the case before the court, with its significant cost to the State; and if he will make a statement on the matter. [29675/04]

I propose to take Questions Nos. 626 and 627 together.

Due to competing demands in relation to the requirements of new EU environmental legislation, and the need to deploy available resources on a priority basis, it was not previously possible to put in place the detailed arrangements which are necessary for the administration of EU Regulation 2037-2000 on substances that deplete the ozone layer. In this regard, it is important to note that none of the substances controlled under the regulation are produced in this country.

Prior to the judgment of the European Court of Justice steps were already being taken towards implementation of the regulation. Consultants, URS Ireland Limited., were appointed at the end of 2003 by the Environmental Protection Agency on behalf of my Department to advise in this regard and their final report is expected shortly. On receipt of the report, appropriate administrative arrangements for the regulation will be brought forward as a matter of urgency.

Questions Nos. 628 and 629 answered with Question No. 625.

Serviced Land Initiative.

Denis Naughten

Question:

630 Mr. Naughten asked the Minister for the Environment, Heritage and Local Government, further to Question No. 1203 of 29 September 2004, the status of the application; and if he will make a statement on the matter. [29694/04]

My Department will be in a position shortly to respond to information received from Roscommon County Council in relation to the council's revised proposals for the serviced land initiative scheme at Lanesboro Road, County Roscommon.

Water and Sewerage Schemes.

Denis Naughten

Question:

631 Mr. Naughten asked the Minister for the Environment, Heritage and Local Government if he has received the preliminary report on the development of a sewerage scheme for the village of Creggs, County Galway; and if he will make a statement on the matter. [29697/04]

I refer to the reply to Questions Nos. 1172 and 1204 of 29 September 2004.

Denis Naughten

Question:

632 Mr. Naughten asked the Minister for the Environment, Heritage and Local Government, further to Question No. 826 of 27 April 2004, if he will approve funding for the upgrade to the south Roscommon water supply and Killeglan springs; and if he will make a statement on the matter. [29699/04]

The south Roscommon water supply scheme has been approved for funding under my Department's water services investment programme 2004-2006. The design review report for the scheme submitted by Roscommon County Council will be further considered on receipt of additional information which my Department has requested from the county council.

Departmental Review.

Brian O'Shea

Question:

633 Mr. O’Shea asked the Minister for the Environment, Heritage and Local Government, further to Question No. 179 of 13 October 2004, when the review of the disabled persons grant scheme in his Department will be concluded; if he intends to publish the report of the review; and if he will make a statement on the matter. [29708/04]

The position regarding the review is as set out in my reply to Question No. 179 of 13 October 2004. The outcome of the review will be made available when completed.

Natural Heritage Areas.

Michael Ring

Question:

634 Mr. Ring asked the Minister for the Environment, Heritage and Local Government the position in relation to a project (details supplied) in County Mayo; when he expects the work to commence on the visitor centre; if planning permission has been secured; when the construction phase will commence; and when it is expected that the facility will open. [29731/04]

A sum of €3.81 million has been allocated by my Department under the National Development Plan 2000-2006 for this project, which involves a new visitor centre to serve Ballycroy National Park, County Mayo. A site has been acquired by my Department in the village of Ballycroy for this purpose.

A planning application for the proposed visitor centre was lodged with Mayo County Council by the Office of Public Works on behalf of my Department earlier this year. Additional information requested by the council is being compiled and I expect that this will be supplied to Mayo County Council within the next month. Subject to planning permission being obtained, it is hoped that work on this project will commence in 2005, with a 12-month completion time.

Services for People with Disabilities.

Bernard Allen

Question:

635 Mr. Allen asked the Minister for the Environment, Heritage and Local Government the grant aid available for the installation of lifts for the disabled in buildings that are used by the public, for example, community centres, churches and parish halls; and if there is no grant aid available, if he will consider introducing such a grant scheme. [29770/04]

Such grant assistance is not available from my Department, although I understand that a grant for purposes of this kind has been approved for Kildare County Council by the Dormant Accounts Fund Disbursements Board. My outline local government sectoral plan under the Disability Bill 2004 includes objectives, inter alia, to promote universal access to public spaces, buildings and services owned and operated by local authorities, and to review and update standards set out in part M, access for people with disabilities, of the national building regulations.

Water and Sewerage Schemes.

Paul McGrath

Question:

636 Mr. P. McGrath asked the Minister for the Environment, Heritage and Local Government if tenders have been received for the completion of a sewerage scheme (details supplied) in County Westmeath; the date on which these tenders were received; if funding has been sanctioned for this scheme; and if not, when it is expected that this scheme will be given approval. [29773/04]

I understand that tenders for the provision of waste water treatment facilities for Castletown-Geoghegan and five other locations were received by Meath County Council, acting as procurement authority, on 15 October 2004, and are being examined by the council. My Department has approved the funding for the project under the rural water programme.

Local Government Code.

Mary Wallace

Question:

637 Ms M. Wallace asked the Minister for the Environment, Heritage and Local Government the legislative mechanism by which a local authority can bring forward by-laws preventing alcohol consumption in public parks and open spaces. [29780/04]

I understand that a number of local authorities have used their general by-law making powers under the local government code to prohibit the consumption of alcohol in public parks and open spaces. It may be, however, that significant further extension of this type of regulatory control should best be addressed in the context of public order legislation which is the responsibility of my colleague, the Minister for Justice, Equality and Law Reform. My Department has raised this issue with that Department.

Water and Sewerage Schemes.

Michael Moynihan

Question:

638 Mr. M. Moynihan asked the Minister for the Environment, Heritage and Local Government the state of progress on a development (details supplied) in County Cork; if he will outline the delays in this project since the announcement of funding by his Department in 1999; and the reasons therefor. [29179/04]

The Kilbrin sewerage scheme has been approved for construction in my Department's Water Services Investment Programme 2004-2006 under the rural towns and villages initiative at an estimated cost of €1.4 million. My Department approved contract documents for the collection system in May 2004 and it is a matter for the council to advance this element of the scheme to construction.

Tender documents for the Kilbrin waste water treatment plant, which is being procured as part of a grouped design-build-operate contract that also involves a number of other locations, have been submitted to my Department by Cork County Council. The tender documents will be further considered when they have been revised by the council as requested by my Department in September 2004.

Air Pollution.

John Gormley

Question:

639 Mr. Gormley asked the Minister for the Environment, Heritage and Local Government the procedure a person can follow if they believe there is serious air pollution in their area which is affecting their health; the person they should contact to monitor the pollution and deal with this problem; and if he will make a statement on the matter. [29809/04]

I refer to the reply to Question No. 376 of 28 October 2004.

Air quality management is primarily the responsibility of local authorities. Accordingly, where an issue regarding air pollution arises in a particular area, it should be brought to the attention of the local authority concerned.

Seal Cull.

Seán Haughey

Question:

640 Mr. Haughey asked the Minister for the Environment, Heritage and Local Government if research has been undertaken on the number of seals off the Irish coast; if there are circumstances whereby seals can be culled in a controlled and caring manner having regard to the scientific research available; and if he will make a statement on the matter. [29836/04]

There are two species of seals in Irish waters, the harbour or common seal and the more numerous grey seal. In August 2003, a national census of harbour seals was carried out by the national parks and wildlife service, NPWS, of my Department and the coastal and marine resource centre of University College Cork. This indicated a minimum population of some 3,000 harbour seals around the country's coast. This report is available on the NPWS website at http://www.npws.ie/en/PublicationsLiterature/IrishWildlifeManuals/. A further report is available at the same NPWS website entitled, Summary of NPWS Surveys for Common, Harbour, Seals and Grey Seals, 1978 to 2003. While there have been a number of studies of grey seal populations at certain breeding sites, including a report commissioned by the Marine Institute in 2000 on grey seals status and monitoring in the Irish and Celtic Seas, there has not been a recent comprehensive national survey. However, in line with a recommendation of the Marine Institute report and as part of its programme of monitoring habitats and species protected under the EU habitats directive, the NPWS is planning a national grey seal survey in 2005.

The inter-relationship between seals and fisheries is complex. It should be noted that in most cases seals are feeding on different resources to those sought by fishermen. There is nonetheless a perception that seals, particularly grey seals, can threaten fishing and acquacultural operations. Scaring and killing of seals may be permitted by licence under the Wildlife Acts on the grounds of interference with fishing or acquaculture. The number of such licences issued has been low, and on the basis of present surveys and assessments, extensive culling of the Irish seal population is not envisaged.

Planning Issues.

Pat Breen

Question:

641 Mr. P. Breen asked the Minister for the Environment, Heritage and Local Government if he plans to issue directives to local authorities and An Bord Pleanála to implement his policy on one-off housing rather than the guidelines proposed by his predecessor; and if he will make a statement on the matter. [29940/04]

In accordance with normal practice, the Guidelines for Planning Authorities on Sustainable Rural Housing, published on 4 March 2004, were issued in draft form to give all those interested an opportunity to comment before the guidelines are finalised in statutory form. Submissions in relation to the draft guidelines were to be submitted to my Department by 30 April 2004. In view of the importance of the rural housing issue, my predecessor requested planning authorities and An Bord Pleanála to have regard to the draft guidelines with effect from their date of publication. The guidelines are a material consideration both in relation to development plans and in the consideration of planning applications. Planning authorities are required to review and vary their development plans, where necessary, to ensure their policies on rural settlement are consistent with the policies set out in the guidelines.

A total of 105 submissions in relation to the draft guidelines have been received by my Department from interested organisations and individuals. The submissions have been examined in detail by my Department. I intend to carefully consider any suggestions for clarifying or improving the guidelines before they are finalised. It is my intention that the guidelines will be issued in their final statutory form by the end of this year.

When issued in their final statutory form, the guidelines will have the status of ministerial planning guidelines under section 28 of the Planning and Development Act 2000. Section 28 provides that planning authorities and An Bord Pleanála must have regard to the provisions of any such guidelines when exercising their planning functions.

It is not intended at this time to issue a planning policy directive on rural housing, following the publication of the final guidelines.

Local Authority Staff.

Billy Timmins

Question:

642 Mr. Timmins asked the Minister for the Environment, Heritage and Local Government the position on the recruitment process for IT officer posts, namely, IS analyst-developer, IS project leader and IS technical support officer within local authorities (details supplied); the reason there is a clause in the criteria which states that an applicant has to be a serving member of a local authority, health board and so on; the further reason IT jobs are not treated like other professions within local authorities; the further reason persons who have worked in a local authority before and possess the necessary qualification and experience relevant to the job cannot be allowed to apply for such positions; the further reason IT positions cannot be made available at grade IV level if external applicants are not eligible to apply for grade V positions or a special panel created for external candidates who have worked within local authorities before; and if he will make a statement on the matter. [29941/04]

The IT grading structure introduced in local authorities in 2002 included the creation of new employments of IS project leader, IS analyst-developer and IS technical support officer at grades VII, VI and V levels respectively. The arrangements for filling posts in the new structure were agreed with the union concerned, IMPACT. Accordingly, the first filling of these posts was confined to serving staff in local authorities, subject to the availability of a sufficient number of suitably qualified candidates.

Posts at grades IV to VII level in local authorities are normally filled through the common recruitment pool system that restricts applications to employees of local authorities, health boards, VECs, institutes of technology and certain other local government and health agencies. However, given the specialist nature of the IS project leader and IS developer-analyst posts, and by agreement with the union concerned, the filling of these posts subsequent to their first filling is by public competition open to anyone who possesses the necessary qualifications. These qualifications require candidates to have the NCC higher diploma in computer studies or an equivalent accredited IT qualification and relevant experience and skills; in such cases, prior employment or experience in a local authority is not a requirement. As specialist IT qualifications are not required for the grade V level post of IS technical support officer, competition for such posts, subsequent to their first filling, is from within the common recruitment pool system.

In the case referred to, the individual concerned is not precluded from applying for posts of IS project leader or IS analyst-developer which arise subsequent to the first filling of such posts in a local authority provided that he possesses the qualifications declared as to education and experience.

Ministerial Appointments.

Tony Gregory

Question:

643 Mr. Gregory asked the Minister for the Environment, Heritage and Local Government if he will consider the appointment of a representative of docklands residents associations to the executive board of the Dublin Docklands Development Authority to ensure that the interests of local residents have a voice at board level; and if he will make a statement on the matter. [29943/04]

The Dublin Docklands Development Authority Act 1997 provides for an executive board comprising a chairperson and seven ordinary directors. The current board was appointed with effect from 1 May 2002 for a five-year term of office, and no vacancies have arisen.

The council of the Dublin Docklands Development Authority, whose functions include adopting and monitoring the implementation of the master plan for the docklands area and making recommendations to the executive board on a wide range of matters, including liaison and co-ordination between the authority and organisations representing the interests of docklands residents, includes representatives of organisations which are concerned with community development and the promotion of the social, economic or general interests of communities in the docklands area. Accordingly, I am satisfied that the interests of local residents are already well represented within the authority.

Planning Issues.

John McGuinness

Question:

644 Mr. McGuinness asked the Minister for the Environment, Heritage and Local Government if he will request a detailed report regarding the purchase of land by Trim Town Council beside Trim Castle for use as a car park for which it obtained Government funding; if all proper procedures were adhered to relative to procurement; and if he will make a statement on the matter. [29944/04]

My Department has sought and received a report from Trim Town Council on issues pertinent to grant assistance of €63,486.90, IR£50,000, provided to the council in 2000 by the then Department of Arts, Heritage, Gaeltacht and the Islands. This report is now under consideration.

Fire Stations.

Michael Ring

Question:

645 Mr. Ring asked the Minister for the Environment, Heritage and Local Government the position in relation to a new fire station (details supplied) in County Mayo; if all the documents are in place for this project; when this project will commence; and the detailed breakdown of all the stages completed to date and the stages for completion. [29995/04]

Approval in principle has been granted for the proposed replacement fire station in Westport which is included in the fire services capital programme as a priority project. Some €445,700 has been recouped to Mayo County Council to date to meet expenditure already incurred in respect of the site and fees for this project.

My Department had requested Mayo County Council to review certain aspects of the proposed plans and costings of this project; a response has now been received and is being examined. Once the outstanding issues have been resolved satisfactorily the project will be approved to proceed to tender stage.

Noise Pollution.

Paul Nicholas Gogarty

Question:

646 Mr. Gogarty asked the Minister for the Environment, Heritage and Local Government the body which is responsible for monitoring noise emissions from aeroplanes at Weston Aerodrome; if his attention has been drawn to the fact that South Dublin County Council says it is not its responsibility; if his attention has been further drawn to the fact that the Irish Aviation Authority has stated in a written response that this is not within its statutory remit; and if he will make a statement on the matter. [30002/04]

There are no statutory limits for noise emitted from airports or aerodromes, nor is there a specific statutory requirement on local authorities to monitor noise emissions from airports or aerodromes. My Department is preparing regulations to transpose Directive 2002-49-EC relating to the assessment and management of environmental noise which covers, inter alia, major airports with more than 50,000 take-off or landing movements per year. This will require the making of strategic noise maps by 30 June 2007 and action plans to manage noise issues and effects by 18 July 2008. However, the directive specifically excludes take-off or landing movements for training purposes on light aircraft as would, I understand, be mostly the case at Weston Aerodrome.

Notwithstanding that there are no statutory noise limits, I should point out, however, that section 107 of the Environmental Protection Agency Act 1992 provides local authorities with powers to require measures to be taken to prevent or limit noise from any premises, processes or works. It would be open to the relevant local authority to avail of these powers if it considered that this were necessary.

The granting or refusal of planning permission for an airport or an aerodrome, or for development in the vicinity of an airport or an aerodrome, is a matter for the relevant planning authority under the Planning and Development Act 2000. Under section 34 of that Act a planning authority may impose conditions on a planning permission to reduce or prevent noise emissions or intrusions on a case by case basis. Weston Aerodrome has been operating since 1938, long before the introduction of the planning code and is therefore an authorised development under the planning code.

I understand from the Department of Transport that Weston Aerodrome has introduced recommended procedures for pilots in relation to flight paths and altitudes with a view to limiting the noise impact on residential areas.

Water and Sewerage Schemes.

Joe Walsh

Question:

647 Mr. Walsh asked the Minister for the Environment, Heritage and Local Government if sanction will be given for the commencement of work on the extension of the Innishannon water supply schemes (details supplied); and if he will make a statement on the matter. [30174/04]

The Innishannon, Ballinadee-Ballinspittle-Garretstown, water supply scheme has been approved for funding in my Department's Water Services Investment Programme 2004-2006 under the rural towns and villages initiative, at an estimated cost of €6.4 million.

My Department has approved Cork County Council's revised preliminary report for the Innishannon water supply scheme, which will serve Ballinadee, Ballinspittle, Garretstown and Kilbrittain. It is now a matter for the council to prepare contract documents. Following receipt and approval of the contract documents by my Department, the council will be in a position to invite tenders for the scheme.

Tourist Accommodation.

Trevor Sargent

Question:

648 Mr. Sargent asked the Minister for the Environment, Heritage and Local Government if the statutory charge for directional signs indicating bed and breakfast locations will not be increased to avoid burdening bed and breakfast owners further who already have considerable overheads such as commercial rates which are not paid for by property owners renting accommodation; and if he will liaise with his colleague, the Minister for Arts, Sport and Tourism on the importance of the bed and breakfast sector for the economy in general and the tourism industry in particular. [30176/04]

The Planning and Development Regulations 2001 were amended in 2002 to set the licence fee for a fingerpost type directional sign to indicate tourist accommodation, which does not exceed one metre in length, at €50. It is not currently planned to increase this fee.

My Department has been in contact with the Department of Arts, Sport and Tourism in the context of the ongoing implementation of the action plan for tourism recommended by the tourism policy review group in its report, New Horizons for Irish Tourism, An Agenda for Action.

Water and Sewerage Schemes.

Joe Walsh

Question:

649 Mr. Walsh asked the Minister for the Environment, Heritage and Local Government if he will sanction the commencement of work on the Skibbereen sewerage scheme; and if he will make a statement on the matter. [30218/04]

I refer to the reply to Question No. 184 of 13 October 2004. The position is unchanged.

Fire Stations.

Paul Kehoe

Question:

650 Mr. Kehoe asked the Minister for the Environment, Heritage and Local Government the position regarding the building of a new fire station for Wexford town; if a site has been designated; when the fire stations will relocate; and if he will make a statement on the matter. [30252/04]

The proposed new headquarters fire station at Clonard in Wexford town is one of the projects included in the fire services capital programme, announced on 24 May 2004, to be advanced to construction stage on a phased basis in the period up to the end of 2005. The submission of design drawings and a detailed cost plan for approval is awaited.

The new fire station is to be built as part of a wider council development on the site at Clonard. The cost of the fire station element of this site was €263,000 and this has been recouped to the council.

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