Vol. 595 No. 1
11 Mr. Broughan asked the Minister for the Environment, Heritage and Local Government when he will announce the rates support grant for local authorities for 2005; the criteria he will use in determining the amount to be received by each local authority; and if he will make a statement on the matter. [32692/04]
52 Mr. Crawford asked the Minister for the Environment, Heritage and Local Government if he has satisfied himself with the 1% increase in the local government fund as detailed in his Department’s Estimates; and if he will make a statement on the matter. [32774/04]
I propose to take Questions Nos. 11 and 52 together.
I assume the questions refer to general purpose grant allocations from the local government fund for 2005. Earlier this week I notified all local authorities of their general purpose allocations, which will total €817 million for 2005. This represents an increase of 8.7% on average over the corresponding allocations for last year and is well ahead of the current rate of inflation. The 2005 allocations consist of a 7% increase across the board on the amount provided to each authority in 2004 and also an element for equalisation. Overall, the allocations represent an increase of well over twice the 1997 allocations.
In determining allocations for 2005, I had regard to the level of funding available to me for this purpose, the extra demands that different local authorities will have to meet in the year ahead and the capacity of authorities to generate income from local sources. I was also conscious of the need to provide extra financial assistance to financially weaker authorities. In this regard, €12 million was provided for equalisation.
I am satisfied that the general purpose allocations provide an appropriate contribution to meeting the increased costs faced by local authorities in 2005 and will allow them to frame reasonable balanced budgets without undue increases in local charges.
12 Mr. Stanton asked the Minister for the Environment, Heritage and Local Government his plans for the development of local government; and if he will make a statement on the matter. [32736/04]
37 Mr. Cuffe asked the Minister for the Environment, Heritage and Local Government his plans for the development of local government; and if he will make a statement on the matter. [32815/04]
I propose to take Questions Nos. 12 and 37 together.
The better local government modernisation programme has brought significant benefits to local government. These include constitutional recognition and guaranteed local elections; enhanced levels of funding; strengthened political and management structures; an updated legal framework as well as an efficiency agenda focused on improved corporate planning, IT, human resources and customer service. Updated financial management systems, facilitating better financial management and planning, have also been introduced and a new initiative to improve service standards with an extended range of performance indicators was launched this year. A major independent study to identify future funding requirements and options for local government is underway and will be completed by spring 2005.
Local government modernisation provides an enhanced role for elected members in policy formulation and review and in developing an integrated strategy for the economic, social and cultural development of their areas. This is undertaken in partnership with representatives of the sectoral interests through the establishment of strategic policy committees, SPCs, and the county/city development boards respectively. The role of the locally elected representative has been further strengthened under the modernisation programme by the creation of a single mandate for councillors from the recent local elections and also by the improved financial support framework and better training and information opportunities.
Quality customer service is a key pillar of the modernisation programme. All the various elements of the programme are centred around this objective. Substantial resources have been provided by my Department to local authorities for specific initiatives to improve service provision. These include €31 million in support for a one stop shop programme and €9.8 million to improve efficiency and effectiveness in service delivery through the use of technology. In addition, local authorities are obliged from 2004 onwards publicly to report their performance against 42 service indicators across their principal functions.
It is my aim, over the lifetime of the Government, to intensify and consolidate the gains being made through the modernisation programme and, in particular, to promote improvements in performance and in service delivery by local authorities to their communities.
13 Mr. Allen asked the Minister for the Environment, Heritage and Local Government if he will require more value for money audits of local authority spending programmes; if he intends to expand the local government audit service; and if he will make a statement on the matter. [32776/04]
A total of 22 value for money reports on local authority operations have to date been carried out by the value for money unit of my Department's local government audit service. These reports, which are disseminated to local authorities, identify best practice and recommend ways of improving existing procedures, practices and systems to promote efficiency and cost effectiveness. The value for money unit will commence further value for money study work early in the new year.
In the statutory audits of the annual financial statements of local authorities, the local government audit service, in addition to its normal regulatory audit work, also reviews the level to which the individual value for money report recommendations are being implemented in local authorities and this is reported in the audit report. I am committed to the delivery of value for money in local government and I will keep under review the promotion and resourcing of further value for money activities in local authorities.
14 Mr. Ring asked the Minister for the Environment, Heritage and Local Government the number of contracts awarded by his Department since 1997; and if he will make a statement on the matter. [32791/04]
The Department has currently over 3,700 suppliers of goods and services and has this year alone made over 15,000 payments to those suppliers. Consequently, it would involve a disproportionate amount of time and work to identify all the contracts referred to in the question. My Department does, however, maintain a register of all consultancy contracts since 2003. Figures which are available for the period since June 2002 show over 90 such contracts have been awarded. Figures for consultancy contracts for the period from 1997 to June 2002 are being compiled and will be forwarded to the Deputy shortly.
15 Mr. Cuffe asked the Minister for the Environment, Heritage and Local Government if he will be seeking the advice of independent experts who have an intimate knowledge of the archaeology and history of the area in regard to the proposed M3 motorway through the Tara Skryne area (details supplied); and if he grants permission for this development through the Tara landscape will he, in consideration of the exceptional sensitivity of this landscape, insist that an independent archaeological authority oversee this work to ensure standards of best archaeological practice shall be observed at all times. [32793/04]
45 Mr. Bruton asked the Minister for the Environment, Heritage and Local Government when he intends to make a decision on the M3 motorway at Tara; and if he will make a statement on the matter. [32748/04]
99 Ms Burton asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the serious concern expressed by the chairperson of the Joint Committee on the Environment and Local Government regarding the implications for the heritage in the Tara/Skyrne area of the proposed route of the M3 motorway; if he will take into account of these concerns when making a decision on the options open to him under the National Monument Acts; and if he will make a statement on the matter. [32661/04]
I propose to take Questions Nos. 15, 45 and 99 together.
An Bord Pleanála, which has an independent statutory mandate, is responsible under the Roads Act 1993 for the approval of motorway schemes following an assessment of the environmental impact of the proposal. In the case of the M3 motorway, the process involved a detailed environmental impact assessment, in which archaeological considerations and other factors were extensively addressed, and a public oral hearing. Following this process, the motorway scheme, including the route of the proposed M3, was approved by An Bord Pleanála in August 2003.
Under the National Monuments (Amendment) Act 2004, once a motorway scheme has been approved, any associated archaeological works, for example, excavations, are to be carried out in accordance with directions that the Minister for the Environment, Heritage and Local Government may issue, following consultation with the National Museum of Ireland. This procedure is designed to ensure that appropriate standards apply to the carrying out of archaeological works in connection with approved road developments.
In the case of the M3 motorway, an application for the carrying out of a programme of archaeological works and mitigation measures relating to a portion of the route has been made by the road authority to my Department and is at present being considered. In determining the matter, I will also receive expert advice from the archaeological staff of my Department and I will also, in accordance with the Act, consult with the director of the National Museum of Ireland before directions are issued.
My Department has responsibility for the regulation of archaeological works and the maintenance of standards. All works carried out under directions given under the 2004 Act would be monitored by my Department to ensure they are carried out to the proper standards. Given this arrangement, I do not consider it necessary or desirable to establish a separate archaeological authority to oversee such works. Determination of the matters referred to above will be made as soon as possible.
16 Mr. O’Shea asked the Minister for the Environment, Heritage and Local Government if he has replied to the detailed letter from the European Commission received on 15 July 2004 in regard to the implementation of the directive on environmental impact assessments, following the landslide at Derrybrien, County Galway; the main features of his response; and if he will make a statement on the matter. [32675/04]
On 15 July 2004, the Irish Government received a detailed letter from the European Commission about implementation of the directive on environmental impact assessment, EIA, in Ireland. The letter listed a number of individual cases, including the Derrybrien wind farm project. A comprehensive response issued to the European Commission on 6 December. On the basis of legal advice, my Department does not divulge details of correspondence with the European Commission in connection with EU complaints or infringement proceedings while there are still active.
18 Ms O. Mitchell asked the Minister for the Environment, Heritage and Local Government his views on the Friends of the Earth’s recent report entitled, The Dirty Dozen — Ireland’s Grim Environmental Record; and if he will make a statement on the matter. [32750/04]
I assume the question refers to the report entitled "Ireland's Environment — Common Sense not Catastrophe", which has been published by Friends of the Earth Ireland. This report followed and drew from the statutory EPA state of the environment report, Ireland's Environment 2004, published last April.
The EPA report concluded that "although under increasing pressure, Ireland's environment remains of generally good quality and represents one of our most essential assets." Nonetheless, it emphasises that international commitments on air emissions, eutrophication prevention and control and waste management present Ireland with important environmental challenges and priorities for action. Broadly similar concerns are expressed in the report by Friends of the Earth Ireland.
With regard to air emissions, work is continuing on our international commitments. EPA outlined among the positive signals for the environment a recent reduction in emissions of greenhouse gases. These were down from 31% above 1990 levels in 2001 to 29% in 2002, the first reduction in a decade. Preliminary figures for 2003 show a further reduction to 24.7% above 1990 levels. These figures indicate that significant progress is being made towards achieving our target of limiting greenhouse gas emissions to 13% above 1990 levels during the Kyoto Protocol commitment period 2008-2012.
Eutrophication is the single most important problem affecting surface waters in Ireland. However, water quality in Ireland is generally satisfactory. The EPA report, Water Quality in Ireland, which applies to the period 1998 to 2000, indicates, for the first time since national surveys commenced in 1971, a reversal in the downward trend in water quality, with a reported increase in the length of unpolluted river channel from 67% in the 1995 to 1997 period to 70% in 1998-2000. In addition, lake surface area classified as unpolluted has increased from 65% to 93% over the same periods.
As part of the implementation of the water framework directive, 2000/60/EC, my Department is promoting, and funding at a rate of100%, the establishment by local authorities of inter-authority river basin management projects to develop river basin monitoring and management systems and to provide the bulk of the baseline data required to implement the directive and to develop river basin management plans. These projects will identify all significant impacts on water quality and quantity, set quality objectives and identify and put in place the necessary monitoring and management measures to achieve those objectives.
We have also seen significant progress in the modernisation of waste management practices and infrastructure. In particular, rapid strides have been made in recycling, with targets for recycling of packaging, construction and demolition waste being exceeded. Government policy on waste management is set out in the policy documents Changing our Ways — 1998; Preventing and Recycling Waste: Delivering Change — 2002; and Taking Stock and Moving Forward — 2004.
The Government's approach is based on the internationally recognised waste management hierarchy of prevention/minimisation, significantly increased levels of recycling, energy recovery and, finally, utilising landfill as the last resort for residual waste that cannot otherwise be recovered. Local authorities have adopted waste management plans which, informed by the performance targets set out in these policy statements, call for the provision of modern integrated waste management services and infrastructure. The implementation of these plans is a matter for the relevant local authorities.
While this progress is encouraging, we must continue to work towards improvements in the areas of concern specified in both the EPA report and the publication by Friends of the Earth Ireland. Significant challenges remain and these will continue to be addressed in the future.
19 Dr. Upton asked the Minister for the Environment, Heritage and Local Government if he is considering a request from a company (details supplied) for sanction for a specific retail development that would be in breach of existing planning guidelines; his views on the request; when he intends to make a decision on the request; and if he will make a statement on the matter. [32686/04]
I refer to the reply to Priority Question No. 1 today.
20 Mr. J. O’Keeffe asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the Council of Europe proposal that a European charter on hunting be drawn up as a guide, setting out common principles and good practices for hunting; and his views on such a proposal. [29214/04]
I am aware of the Council of Europe proposal referred to and that the European Commission is also considering the development of a charter on sustainable hunting under the birds directive. My Department is responsible for making the annual open seasons order and also for the issue of hunting licences to individual hunters under the provisions of the Wildlife Acts 1976 and 2000. Accordingly, I support any measures that would contribute to good hunting practice and encourage hunters to respect nature and approach hunting with respect for environmental and sustainability considerations.
21 Mr. Morgan asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the EU directives in respect of a requirement for consultation with neighbouring states in development projects which may adversely effect residents in an adjoining state; and if these directives are being adhered to in this State generally. [32739/04]
Both the EIA Directive 85/337/EEC, as amended, and Directive 96/61/EC concerning integrated pollution prevention and control, IPPC, require transboundary consultation where a project is likely to have significant environmental effects in another member state. These requirements have been transposed through the Planning and Development Act 2000 and associated regulations, the Environmental Protection Agency Act 1992 and associated regulations and the Waste Management Act 1996 and associated regulations.
Primary responsibility for the carrying out of transboundary consultation under these provisions rests with the planning authority, or An Bord Pleanála in the event of an appeal, in the case of planning consent requirements and the Environmental Protection Agency in the case of an IPPC or waste licence requirements.
22 Mr. S. Ryan asked the Minister for the Environment, Heritage and Local Government his views as to the reason that, in the ten years up to 2003, local authorities failed to build almost 9,000 homes for which approval had been provided by his Department; if he intends to take action to ensure that all houses for which approvals are given are actually built; and if he will make a statement on the matter. [32683/04]
38 Mr. Neville asked the Minister for the Environment, Heritage and Local Government his views on the comments expressed by Threshold (details supplied); and if he will make a statement on the matter. [32785/04]
39 Mr. Hogan asked the Minister for the Environment, Heritage and Local Government the action he intends to take to significantly increase the number of social houses being built in 2005; and if he will make a statement on the matter. [32814/04]
71 Mr. Connaughton asked the Minister for the Environment, Heritage and Local Government the steps he intends to take to ensure the Government eradicates the 48,000 waiting list for local authority housing; and if he will make a statement on the matter. [32766/04]
78 Mr. P. Breen asked the Minister for the Environment, Heritage and Local Government his views on the fact that some local authorities were under performing on the delivery of social housing; and if he will make a statement on the matter. [32755/04]
I propose to take Questions Nos. 22, 38, 39, 71 and 78 together.
I refer to the reply to Priority Question No. 5 today on the performance of local authorities on the delivery of social housing and the funding of €6 billion to be provided for housing in the 2005-2009 period to address increasing housing need.
23 Dr. Twomey asked the Minister for the Environment, Heritage and Local Government if he will extend computer recycling programmes nationwide; and if he will make a statement on the matter. [32759/04]
The EU directive on waste electrical and electronic equipment will require the producers of electrical goods to put in place systems to ensure that electronic and electrical waste is collected and recycled to the greatest extent possible. In accordance with the directive, holders of electronic and electrical waste, including end of life computer equipment, will by August 2005 be entitled to leave that waste back free of charge, either to the place of purchase or to other authorised collection points.
It is intended to make regulations early in 2005 fully transposing this directive's provisions and facilitating its implementation in August 2005 as required. My Department is actively engaging with relevant stakeholders to facilitate the effective implementation and enforcement of the regulations.
24 Mr. S. Ryan asked the Minister for the Environment, Heritage and Local Government when he intends to introduce regulations on end-of-life vehicles; the communications he has had with the EU Commission in regard to the proposed regulations; and if he will make a statement on the matter. [32682/04]
Enabling provisions to facilitate implementation of European Parliament and Council Directive 2000/53/EC on end-of-life vehicles were incorporated in the Protection of the Environment Act 2003. My Department has been in ongoing communication with the EU Commission about the transposition of the directive into national legislation. It is intended to make regulations as soon as possible fully transposing the directive provisions and facilitating its full implementation in 2005.
25 Mr. Gogarty asked the Minister for the Environment, Heritage and Local Government if, in view of the high levels of radon gas recorded in existing homes, he will provide some direct grant to building owners where high levels of the gas have been recorded so they can be supported financially in their attempts to reduce the threat to their health. [32797/04]
51 Mr. Stagg asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the recent annual report of the Radiological Protection Institute of Ireland for 2003 which states that between 150 and 200 people are dying every year from lung cancer arising from exposure to radon gas; the steps he intends to take to deal with the death toll being caused by radon gas; and if he will make a statement on the matter. [32693/04]
93 Mr. Stagg asked the Minister for the Environment, Heritage and Local Government if, in view of the continuing death toll attributed to radon gas, he intends to provide funding for a scheme to assist those living in pre-1997 houses to take remedial action to provide adequate protection for their homes; and if he will make a statement on the matter. [32694/04]
248 Mr. Durkan asked the Minister for the Environment, Heritage and Local Government the most recent information he has on the threat from radon gas; if action is required; and if he will make a statement on the matter. [32917/04]
I propose take Questions Nos. 25, 51, 93 and 248 together.
As previously indicated, it is not proposed to provide Exchequer funding for a radon remediation grant scheme in respect of domestic dwellings. While some houses have high radon concentration levels, the great majority, over 90%, of houses nationwide would have radon concentrations below the national reference level of 200 becquerels per cubic metre.
The Radiological Protection Institute of Ireland, RPII, has always advised householders, particularly those living in high radon areas, to have their homes measured for radon and, where necessary, has also advised householders to have remediation works carried out. Over the years, the Government, through the RPII, has committed significant resources to assessing the extent of the radon problem throughout the country and to increasing public awareness of radon. During the years 1992 to 1999, the RPII carried out a national survey of radon in domestic dwellings aimed at assessing the extent of the radon problem in homes. The survey involved the measurement by the RPII of radon for a twelve month period in a random selection of homes in each 10 km x 10 km grid square throughout the country. The RPII's website, www.rpii.ie, contains a comprehensive map of the high radon areas in Ireland as well as the report of its national survey of radon in homes.
Upgraded building regulations, introduced in June 1997, require all new houses which commenced construction on or after 1 July 1998 to incorporate radon protection measures. My Department has recently published an updated edition of Technical Guidance Document C, TGD-D, on Part C of the building regulations, site preparation and resistance to moisture, incorporating enhanced radon prevention measures for new buildings commencing on or after 1 April 2005. This new guidance document is aimed at ensuring that the 1997 radon protection measures are carried out more effectively. With regard to pre-1997 houses, my Department published a booklet in February 2002, entitled "Radon in Existing Buildings — Corrective Options", advising designers, builders and home owners on remediation options for reducing radon in existing houses to, or below, the national reference level.
Epidemiology studies have shown that naturally occurring radon gas concentrations add to the incidence of lung cancer. While this evidence is derived primarily from studies of miners exposed to radon gas at work, it is supported by the outcome of a number of studies of radon exposure in the home. It has been established that approximately 10% to 15% of all lung cancer deaths in Ireland are linked to radon gas exposure and that the incidence is higher in smokers than non-smokers. It is important, however, to emphasise that it is not possible to ascribe any individual lung cancer case to exposure to radon.
In recent months, the RPII has undertaken several initiatives to further heighten awareness of the radon issue in Ireland. In November 2004, the RPII hosted the third national radon forum in Dublin to raise awareness of radon as a health risk. Earlier this year the RPII published a revised version of its booklet "Radon in Homes". The RPII also plans to distribute an information poster on radon for display in libraries, medical centres and so forth advising people to have their homes checked for radon.
Both the RPII and my Department will continue to use all appropriate opportunities to raise public awareness of radon and to encourage householders with radon concentrations above the national reference level to undertake remediation works.
26 Mr. Crawford asked the Minister for the Environment, Heritage and Local Government the plans he has to reform the planning system; and if he will make a statement on the matter. [32773/04]
The Planning and Development Act 2000, which was based on a widespread consultation process, represented the most far reaching reform of the planning system since the original 1963 Act. The Act revised, extended and consolidated the legislative basis for the Irish planning system. There are no current plans for wide scale amendment of primary planning legislation, although this is kept under review in my Department.
However, my Department is currently considering submissions received on draft regulations which will amend the Planning and Development Regulations 2001. These regulations contain proposals to further streamline the planning application process. In particular, a standard planning application form is proposed for use by all planning authorities. The draft regulations are available on my Department's website at www.environ.ie.
My Department has also been examining legislation on development consent for major projects to ensure that we have the best possible system for the timely and cost effective delivery of infrastructure. Having examined the problems that have arisen in the area, it is considered that legislation is desirable to address some issues arising in the approval process. In general terms, it is intended in this proposed legislation to reduce the time required for obtaining development consent for necessary major public projects and to co-ordinate and streamline the different procedures now involved, while respecting the requirements of environment and heritage protection and the need for adequate public consultation.
27 Mr. Deasy asked the Minister for the Environment, Heritage and Local Government the extra financial support he can offer to Waterford County Council in view of its serious financial crisis having to fund an extra €10 million cost for the remediation of former landfills in the county. [32758/04]
I notified local authorities earlier this week of their general purpose grant allocations for 2005 from the local government fund. The allocation for Waterford County Council is €18,889,048. This represents an increase of 7.65% over the corresponding allocation for 2004 and is well ahead of the current rate of inflation. Year on year comparisons show that the council has received an increase of 145% in such grants since 1997.
General purpose grants are a contribution to bridge the gap between the expenditure incurred by local authorities in their day to day operations and the income they can generate locally from commercial rates, local authority housing rents, other charges for goods and services and funding from specific State grants. I am satisfied that the general purpose allocation for Waterford County Council provides an appropriate contribution to the increased costs faced by the council in 2005 and that it will enable the council to frame a balanced and reasonable budget for the coming year.
28 Caoimhghín Ó Caoláin asked the Minister for the Environment, Heritage and Local Government if the review of the national climate change strategy being undertaken by his Department is re-examining the case for the introduction of carbon taxes. [32746/04]
85 Mr. Eamon Ryan asked the Minister for the Environment, Heritage and Local Government his views on whether Ireland is on track with the goals set under the Kyoto agreement. [32800/04]
88 Mr. Penrose asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the recent comments by a person (details supplied) that alternative measures will have to be introduced to compensate for the reduction in greenhouse gas emissions that would have followed the introduction of a carbon tax; the proposals he is considering; and if he will make a statement on the matter. [32689/04]
I propose to take Questions Nos. 28, 85 and 88 together.
I refer to the reply to Questions Nos. 28, 56 and 60 of Thursday, 30 September, and to Question No. 16 of Thursday, 4 November.
Following the Government decision that a carbon tax would not be an appropriate policy option for the purpose of achieving greenhouse gas emissions reductions, alternative policy options are being examined. This examination is focusing on non-tax measures in the national climate change strategy, with a view to achieving the necessary emissions reductions and ensuring compliance with the Kyoto Protocol. The ongoing work on the review of the national climate change strategy does not include a re-examination of carbon tax as a policy option.
Significant progress is being made towards achieving our Kyoto Protocol target to limit emissions of greenhouse gases to 13% above 1990 levels in the commitment period 2008 to 2012. Preliminary figures released by the Environmental Protection Agency in July 2004 indicate emissions in 2003 were down to 24.7% above 1990 levels, down from 29% in 2002 and 31% in 2001.
29 Mr. Stanton asked the Minister for the Environment, Heritage and Local Government if he has carried out or intends to carry out comparative research into local government systems here and in other countries; and if he will make a statement on the matter. [32737/04]
A considerable body of research already exists on local government systems worldwide. Of particular importance and relevance in this regard is the ongoing and extensive comparative research carried out by the Council of Europe on the systems across its member states, including Ireland. My Department contributes to and avails of such research, utilising it as appropriate in the examination of specific issues relating to local government in Ireland. In addition, my Department has on a number of occasions commissioned relevant studies through, for example, the IPA, and I will continue to keep under review the need for up to date comparative research to inform local government modernisation here.
30 Mr. Sargent asked the Minister for the Environment, Heritage and Local Government if he has proposals to introduce the right to vote for prisoners. [32803/04]
The issue of voting by prisoners is under review in my Department, in conjunction with the Department of Justice, Equality and Law Reform and the Office of the Attorney General.
31 Mr. McGinley asked the Minister for the Environment, Heritage and Local Government the plans he has to extend the plastic bags levy to other areas, such as non-reusable packaging; and if he will make a statement on the matter. [32782/04]
73 Ms O. Mitchell asked the Minister for the Environment, Heritage and Local Government his views on the call by Irish Business Against Litter to impose an annual €20 million levy on chewing gum companies; and if he will make a statement on the matter. [32751/04]
100 Ms Lynch asked the Minister for the Environment, Heritage and Local Government the progress made with regard to the public consultation process on the 2003 litter monitoring body report on problematic litter items such as chewing gum and fast food packaging; if, as promised, he will be making decisions on the measures required to deal with these problems before the end of 2004; and if he will make a statement on the matter. [32668/04]
I propose to take Questions Nos. 31, 73 and 100 together.
On foot of the success of the environmental levy on plastic bags, which was introduced in March 2002 and has resulted in a reduction in the dispensing of plastic shopping bags at retail outlets by over 90%, the An Agreed Programme for Government contained a commitment to consider the extension of the levy on plastic bags to other materials which may be problematic from a waste management and/or litter perspective. The litter monitoring body, which is co-ordinated by my Department, has published two reports to date — in respect of the years 2002 and 2003 — which provide valuable statistical data on litter pollution in Ireland. In the light of the first litter monitoring body report published in July 2003, in respect of the year 2002, my predecessor announced his intention to tackle the issue of litter caused by chewing gum, fast food packaging and automated teller machine, ATM, receipts, which were identified as significant elements of litter pollution.
To this end, a consultancy study was commissioned in September 2003 to carry out an analysis and recommend appropriate economic instruments, including environmental levies, that might be implemented to tackle the litter problems caused by these items. The consultancy report was released for public consultation on 23 September 2004.
With regard to chewing gum, the consultants' report proposed two options — a mandatory 10% levy on chewing gum sales, an average 5 cent per pack, to be collected at manufacturer, importer or distributor level, which would generate an estimated €4-5 million per annum for use in paying towards the clean up costs of chewing gum litter; a negotiated agreement between my Department and the industry involving the putting in place of a comprehensive action plan incorporating intensive education and awareness campaigns and including agreed funding levels with agreed tangible targets and time frames aimed at changing consumer behaviour with chewing gum disposal and reducing gum litter. The consultancy report also recommended negotiated agreements with the relevant sectors regarding fast food packaging and ATM receipts.
The purpose of the public consultation process was to obtain the views of relevant stakeholders and other interested parties on the report's recommendations. The deadline for the receipt of comments and submissions under the public consultation phase was 29 October 2004. It is intended that a final decision will be made on this matter as soon as possible on foot of evaluating the submissions received, including the submission from IBAL, during the public consultation process.
32 Mr. Naughten asked the Minister for the Environment, Heritage and Local Government the grants available for group sewerage and water schemes; his plans to review these grants; and if he will make a statement on the matter. [32617/04]
41 Mr. Naughten asked the Minister for the Environment, Heritage and Local Government his plans to increase the grant available for small group sewerage schemes; and if he will make a statement on the matter. [32618/04]
I propose to take Questions Nos. 32 and 41 together.
I refer to the reply to Question No. 112 of 4 November 2004.
33 Mr. McCormack asked the Minister for the Environment, Heritage and Local Government when he intends to legislate for the management of apartment complex management companies; and if he will make a statement on the matter. [32770/04]
Apartment complex management companies are constituted under the Companies Acts and are required to comply with the provisions of those Acts. The programme for Government undertook to consider the introduction of legislation to regulate the establishment and operation of apartment complex management companies. A Law Reform Commission working group is examining the law relating to condominiums. The aim is to develop proposals to provide a mechanism for dealing with issues which are already arising, or it is anticipated will arise, in existing and future multi-unit developments.
As part of its work, this group is considering the adequacy of consumer protection measures for apartment residents, including with regard to service charges. The group intends to produce a consultation paper early next year. This should provide a basis for considering possible measures and how they should be pursued.
34 Mr. Rabbitte asked the Minister for the Environment, Heritage and Local Government the number of occasions on which contracts worth in excess of €40,000 were awarded on the basis of a tender that had been invited from a single company in respect of the period since June 2002; if he will list the contracts awarded, the companies involved and the value in each case; if he considers this approach to be consistent with public procurement procedures; and if he will make a statement on the matter. [32684/04]
In the period since June 2002, ten contracts have been awarded on the basis of a tender from a single company. The following table gives details of those contracts. My Department has an approval and registration process in place for such contracts, which is overseen by the Department's internal audit function. This process is fully consistent with public procurement procedures as detailed in Department of Finance circular 40/02.
|
Company |
Amount |
Contract Detail |
|
Pitney Bowes |
€128,850 (ex VAT) |
Mailing system (replacement /upgrading of similar) |
|
IBM |
€98,000 (ex VAT) |
Modification to National Vehicle And Driver file to comply with EU Directive 199/37/EC |
|
Computer Associates |
€1.65 Million (ex VAT) |
Software License for Motor Tax and Driving license system (3 Year contract) Renewal of previous contract (sole supplier of software) |
|
Monica Leech Communications |
€54, 600 (ex VAT) |
Communications Consultant |
|
FG Wilson Engineering (Dublin) Ltd |
€41,573 (ex VAT) |
Purchase and installation of Gas Generator on Scattery Island |
|
Central Fisheries Board |
€76,850 (ex VAT) |
Examination of the status and distribution of shad and lampreys in Slaney and Munster Blackwater SAC |
|
Building Research Establishment (BRE-UK) |
€40,700 (VAT incl) |
New version of Technical Guidance Document B — National Building Regulations |
|
Fujitsu Services |
€41,640 (ex VAT) |
Upgrade to Windows XP/Ingres Open Road |
|
Kate Bradbury |
€41,110 (incl VAT) |
ENFO Schools Outreach Pilot Project |
|
Fujitsu Services |
€79,640 (ex VAT) |
NVDF system Upgrade |
35 Mr. O’Shea asked the Minister for the Environment, Heritage and Local Government the progress made by his Department, in co-operation with the authorities in Northern Ireland, in the investigation into illegal cross-Border dumping; and if he will make a statement on the matter. [32674/04]
Tackling illegal cross-Border dumping is a key priority in the overall intensification of enforcement against illegal waste activity and one which is being pursued vigorously. I am satisfied that effective co-operation is being developed between the respective authorities in dealing with illegal cross-Border movements of waste. While enforcement is a matter for the local authorities and the Office of Environmental Enforcement, OEE, I will continue to ensure that the regulatory framework and the resources available are appropriate to deal with the problem.
Significant powers are available to local authorities under the Waste Management Act 1996 to enable them to tackle illegal waste activity and they were further strengthened by the Protection of the Environment Act 2003. These include powers, for example, to halt vehicles, inspect premises and examine records, which are of central importance in dealing with the smuggling of waste. Maximum penalties attaching to illegal waste activities are also substantial —€15 million and/or a ten year jail sentence.
To further assist local authorities in acting on these powers, over €7 million has been allocated from the environment fund to support a more vigorous approach to environmental enforcement, with a particular emphasis on combating dumping and other unauthorised waste activities. This is now being reflected in the presence of additional enforcement personnel on the ground.
I have met with the director general of the Environmental Protection Agency, within which the OEE is located, and have stressed the importance I attach to its work. The office is well placed to mobilise a co-ordinated national response across all local authorities to this national priority. Those involved in environmental crime do not respect local authority boundaries or, indeed, national frontiers and our response to them must be as comprehensive and sophisticated as possible.
A major study has been commissioned by the OEE to establish and document the extent of unauthorised waste activities in Ireland. The objectives of the project are to review and document current procedures and practices used by the relevant authorities to investigate unauthorised waste activities, as well as the use of powers available to tackle unauthorised activities. I will carefully consider the results of this study to identify any further actions that may be necessary in consequence of its findings.
The OEE has established an unauthorised waste working group, including representatives of the local authorities, the Northern Ireland authorities and my Department, whose functions include co-ordination of enforcement actions against companies and individuals involved in the illegal movement and disposal of waste in Ireland. Information and recommendations emerging from this process support a systematic plan of action to tackle offenders.
A further milestone for the OEE was the consolidation of environmental enforcement activity through the establishment of a national enforcement network. This network is harnessing the collective resources, expertise and investigative capacity of all the players engaged in stamping out illegal activity in Ireland. The network pools and co-ordinates the resources of the local authorities, the national bureau of criminal investigation of the Garda Síochána, the Environment and Heritage Service in Northern Ireland and my Department. This is resulting in a step up in actions against unauthorised waste movement, including roadblocks and inspections of suspect facilities. One such targeted exercise took place on 30 November 2004.
36 Mr. Connaughton asked the Minister for the Environment, Heritage and Local Government his views on whether there is a data deficit on the issue of housing and homelessness; and if he will make a statement on the matter. [32767/04]
At present, local authorities undertake an assessment of homelessness as part of the triennial assessment of housing need. The next assessment will be undertaken at the end of March 2005. The need to improve data on homelessness is recognised. In Dublin, the Homeless Agency, with the support of my Department, has introduced the LINK system in co-operation with service providers. Similar improvements to data collection and analysis on homelessness are being considered in other local authority areas where there are a significant number of homeless persons.
The issue of improved data collection will also be addressed as part of the development of an integrated information technology, IT, package for housing for all local authorities, which is underway at present, as well as the forthcoming review of the Government's strategy on homelessness.
40 Mr. Ferris asked the Minister for the Environment, Heritage and Local Government the number of landlords registered with the Private Residential Tenancies Board before the 1 December 2004 deadline; if he is concerned by the extreme low registration level; and the measures he intends to take to address this problem. [32743/04]
44 Mr. Morgan asked the Minister for the Environment, Heritage and Local Government his views on the fact that an estimated 120,000 landlords failed to register with the Private Residential Tenancies Board by the deadline of 1 December 2004. [32740/04]
46 Ms O’Sullivan asked the Minister for the Environment, Heritage and Local Government the number of complaints that have been filed against landlords to the recently established Private Residential Tenancies Board concerning anti-social behaviour by their tenants; if this new system is providing speedier resolution of such disputes; and if he will make a statement on the matter. [32677/04]
50 Mr. Quinn asked the Minister for the Environment, Heritage and Local Government the number of landlords who had registered with the Private Residential Tenancies Board by the deadline of 1 December 2004; when it is intended to bring the remainder of the Residential Tenancies Act 2004 into operation; and if he will make a statement on the matter. [32678/04]
66 Mr. Allen asked the Minister for the Environment, Heritage and Local Government the action he intends to take to ensure that non-compliant landlords register with the Residential Tenancies Board; and if he will make a statement on the matter. [32775/04]
I propose to take Questions Nos. 40, 44, 46, 50 and 66 together.
As the provisions of Part 6 of the Residential Tenancies Act 2004 dealing with dispute resolution only came into operation on 6 December 2004, along with all other provisions of the Act not previously commenced, insufficient time has elapsed for any formal applications for dispute resolution to have been received by the Private Residential Tenancies Board. I am confident that the new service will provide a speedier and generally more effective means of resolving disputes in the private rented sector and be very beneficial both to landlords and tenants.
Statutory responsibility for tenancy registration rests with the Private Residential Tenancies Board under the provisions of the Residential Tenancies Act 2004. My Department understands that there has been a very positive response by landlords generally to registration. The receipt and processing of applications by the board is continuing and the volume of applications already received indicates that the level of registrations is likely to be high.
While it may take some time to achieve maximum compliance, I am satisfied that landlords are increasingly becoming aware that it is in their interests to register and are generally showing willingness to comply with the registration requirement. Pursuance of non-compliant landlords and the initiation of proceedings against them, where necessary, is a matter for the board utilising its enforcement powers under the Act. I am confident that the board will be diligent in its efforts to secure the highest possible level of compliance with the registration requirement. I will be requesting regular progress reports on registration and my Department will maintain a general overview of the board's performance.
42 Mr. Sargent asked the Minister for the Environment, Heritage and Local Government if he has plans to introduce a returnable deposit on beverage containers. [32802/04]
Section 29 of the Waste Management Act 1996 sets out comprehensive provisions relating to the recovery of waste, including enabling provision for the making of regulations requiring producers, distributors or retailers of specific products or substances to operate deposit and refund schemes in respect of such products or substances, or of any component of, or packaging related to, such products or substances.
With regard to beverage containers, European Parliament and Council Directive 1994/62/EC on packaging and packaging waste is based on the concept of producer responsibility, which effectively requires producers to contribute to the waste management costs of products which they have placed on the market at end-of-life. Under the directive, Ireland was required to achieve a 25% recovery rate of packaging waste by 1 July 2001, increasing to a 50% recovery rate by 31 December 2005. Practical implementation of the directive in Ireland is organised mainly through a collective industry based compliance scheme operated by Repak which is working successfully and in 2001 met the target of 25% packaging waste recycling required by the directive.
The EPA has reported in its National Waste Database Interim Report for 2002, published in June 2004, that packaging waste recovery increased further to an estimated 33% in that year. Progress has been further facilitated in the interim period arising from the implementation of the local and regional waste management plans, assisted by my Department from the environment fund, and new packaging regulations introduced last year requiring those who place packaging on the market to segregate their back door packaging waste and have it collected by authorised operators. Bottles and cans sold and consumed in pubs, clubs and hotels are all covered and must now be recycled.
The latest indications are that Ireland is on course to meet the higher recovery and recycling targets for end 2005. Successful deposit and refund schemes operating internationally for beverage containers are generally located in those countries where there has been no break in the continuity and cultural tradition of deposit and refund arrangements. This is not the case in Ireland and there would now quite likely be significant costs involved in re-establishing deposit and refund arrangements here. Account would also have to be taken of the possible impact on existing compliance arrangements. Given that these arrangements are achieving the desired result in meeting the recycling targets, the introduction of deposit and refund schemes for beverage containers is not under consideration.
43 Mr. Deenihan asked the Minister for the Environment, Heritage and Local Government the action he intends to take to protect the seal population of the Blasket Islands; and if he will make a statement on the matter. [32757/04]
109 Mr. M. Higgins asked the Minister for the Environment, Heritage and Local Government the results of the investigation carried out by his Department into the reported killing of a large number of seals on the Blasket Islands, County Kerry, in early November 2004; and if he will make a statement on the matter. [32665/04]
I propose to take Questions Nos. 43 and 109 together.
In response to the recent killing of seals on the Blasket Islands, staff of the National Parks and Wildlife Service of my Department have been working closely with the Garda Siochána in its investigation of this matter. It would not be appropriate to comment further on the progress of this investigation at this stage. I have also asked all NPWS field staff in areas where there are breeding seal populations to be especially vigilant during the breeding season, when seals are particularly vulnerable. A number of visits have been made to check breeding colonies.
Aerial monitoring of breeding seal populations is ongoing on the west coast at present. Aerial work was also carried out in Kerry during the past weekend. The fleet of boats for use by NPWS staff is being upgraded and this should enhance the service's capability for carrying out surveillance work on the Blaskets and other offshore islands and locations where seals breed.
47 Aengus Ó Snodaigh asked the Minister for the Environment, Heritage and Local Government if it is his intention to introduce further regulations under sections 28 and 29 of the Waste Management Act 1996; and if he will make a statement on the matter. [32747/04]
Regulations are currently being drafted to implement EU directives on end-of-life vehicles and waste electrical and electronic equipment. Following on the success of producer responsibility initiatives already operating in the areas of packaging, farm plastics and construction and demolition wastes, work is underway, in co-operation with the relevant stakeholders, in developing further PRIs for newsprint and tyres. These initiatives are in line with EU and national policy on waste management which is firmly grounded on the internationally recognised waste hierarchy which prioritises waste prevention, minimisation, reuse, recycling, energy recovery and the environmentally sound disposal of residual waste which cannot be recycled or recovered. This is reflected in my Department's policy documents Changing our Ways, 1998, and Taking Stock, Moving Forward, which was published earlier this year. Both of these publications are available in the Oireachtas Library.
Other recent significant initiatives promoting, supporting and facilitating the prevention, minimisation and recovery of waste include the establishment of a market development group to identify market opportunities for materials recovered for recycling. It is hoped to publish a market development programme in the early part of 2005. The publication of a draft national waste prevention programme drawn up by a core prevention team established earlier this year in the EPA and the publication of a draft national biodegradable waste strategy setting out a range of integrated measures to achieve targets for 2013 took place earlier this year for public consultation.
48 Caoimhghín Ó Caoláin asked the Minister for the Environment, Heritage and Local Government if he has received the action plan to implement the energy performance of buildings directive being drawn up by the departmental working group. [32745/04]
74 Mr. Perry asked the Minister for the Environment, Heritage and Local Government if Ireland will meet the 2006 deadline for enactment of the EU directive on energy labelling for buildings; and if he will make a statement on the matter. [32764/04]
I propose to take Questions Nos. 48 and 74 together.
The energy performance of buildings directive, EBPD — 2002/91/EC, was adopted on 16 December 2002. Member states must legally transpose the directive by 4 January 2006. However, the EPBD provides for a longer period, up to 4 January 2009, for the practical implementation of more complex provisions regarding the energy performance certification "labelling" of newly constructed buildings and existing buildings, when existing buildings are sold or let, improvement of the energy efficiency of boilers and inspection of air conditioning systems.
I received a draft action plan to implement the EPBD from Sustainable Energy Ireland, on behalf of the interdepartmental working group, on 7 December 2004. The draft incorporates a proposed timetable for implementation. I intend to publish the draft action plan for public/industry comment, early in 2005. In the meantime, I do not propose to comment on its detailed provisions.
49 Mr. Kenny asked the Minister for the Environment, Heritage and Local Government when he expects EU approval for the nitrates action programme; and if he will make a statement on the matter. [32790/04]
Ireland's national action programme under the nitrates directive was submitted to the European Commission on 22 October 2004. The action programme, which was developed following a comprehensive consultation process, provides for a range of measures to strengthen the application of good agricultural practice countrywide in order to protect water quality against pollution from agricultural sources. I understand that the Commission will formally respond to Ireland on the matter in the coming weeks.
53 Mr. Perry asked the Minister for the Environment, Heritage and Local Government the number of EU environment directives that remain to be transposed into Irish law; and if he will make a statement on the matter. [32765/04]
There are currently five directives in my Department's area of responsibility which are outstanding for transposition. These include 2000/53/EC — end-of-life vehicles, ELVs. This directive contains two stages of transposition, the first by 21 April 2002, for new vehicles sold after 1 July 2002, and the second by January 2007 for all other vehicles.
There have been difficulties in reaching agreement with the motor industry on ELV take back arrangements required by the directive. However, written agreement was recently reached on a scheme to provide for free take back of all end of life vehicles during 2005. It is intended that the directive will be transposed in the first quarter of 2005.
EU Directive 2002/49/EC refers to assessment and management of environmental noise. Drafting of regulations to transpose this directive is well advanced and transposition is intended in early 2005. EU Directive 2002/88/EC refers to measures against the emission of gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile machinery. Draft regulations are nearing completion with a view to circulation to relevant bodies for observations early in 2005. It is intended that the directive will be transposed in the first quarter of 2005. These regulations will also transpose Directive 2004/26/EC, on non-road mobile machinery, which has a transposition target date of 20 May 2005.
Directives 2002/95/EC and 2002/96/EC, with its amending Directive 2003/108/EC, are two related directives concerning, respectively, restrictions on the use of certain hazardous substances in electrical and electronic equipment and arrangements for dealing with waste electrical and electronic equipment. Legislative proposals for the transposition of both directives are now in drafting. It is intended that the directive will be transposed in the first quarter of 2005.
I am keenly aware of the importance of timely transposition of EU environmental legislation, some 200 items of which, including more than 140 directives, have by now been transposed in this country. More recently, external legal and drafting expertise have been utilised in order to expedite this.
54 Mr. Gogarty asked the Minister for the Environment, Heritage and Local Government if, in regard to the threat posed to the State by the operation of UK nuclear plants, he will comment on the progress to date with action through the courts against the UK Government-British Nuclear Fuels; the action taken through diplomatic channels over the past year and political dialogue with the UK Government. [32796/04]
I refer to the reply to Question No. 13 of 4 November 2004.
With regard to the Irish Government's ongoing campaign against the Sellafield nuclear plant, effort is being directed at the successful completion of ongoing discussions between Irish and UK officials aimed at improving co-operation and consultations between the two countries in regard to Sellafield. These discussions arise from the provisional measures order granted to Ireland in June 2003 by the arbitration tribunal in the context of legal proceedings being brought by Ireland against the UK under the UN Convention on the Law of the Sea, UNCLOS, in regard to the Sellafield MOX plant.
This order also made provisions for reports on progress towards developing the improved co-operation and consultation structures to be submitted by both Ireland and the UK to the tribunal on specified dates. The most recent report to the tribunal was submitted on schedule by both parties on 30 November 2004. The ongoing discussions and reports remain confidential to both parties and to the tribunal. However, it is my intention to report on any initiatives arising from this process in due course.
As the House will be aware, the substantive hearing of Ireland's legal action against the UK under UNCLOS is currently adjourned pending resolution of jurisdictional issues raised by the European Commission and which are now the subject of litigation between Ireland and the Commission before the European Court of Justice. With regard to the European Court of Justice case, pleadings have now been exchanged and Ireland has recently applied to the court for the holding of an oral hearing. A decision is awaited.
55 Mr. Timmins asked the Minister for the Environment, Heritage and Local Government if he has used section 60 of the Waste Management Act 1996; and if he will make a statement on the matter. [32614/04]
To date no direction has been issued under section 60 of the Waste Management Act 1996. However, as previously indicated, it is my intention to issue such a policy direction to assist local authorities and the Environmental Protection Agency in dealing with the consequences of illegal waste activity. My Department is currently formulating such a direction in consultation with the EPA with a view to completing it early in 2005.
56 Mr. Howlin asked the Minister for the Environment, Heritage and Local Government the position in regard to the number of his Department’s Dublin based staff who have applied through the central applications facility for decentralisation to the proposed new locations for his Department at Kilkenny, New Ross, and Wexford; the grades of staff who have applied; and if he will make a statement on the matter. [32666/04]
My Department is co-operating with the Department of Finance, the decentralisation implementation group and the Office of Public Works to ensure the Government's decentralisation programme is implemented efficiently and effectively. Following the recent Government decision on the first phase of moves under the programme, the transfer of my Department's headquarters to Wexford is included in the list of those organisations considered potential early movers.
A total of 495 applications had been received at the central applications facility prior to the cut off date on 7 September, in respect of the 661 posts to be decentralised from my Department's Dublin offices and which are fillable through the CAF. A total of 31 staff from my Department's Dublin offices have applied for decentralisation to the Department's proposed four locations in the south east — Wexford, Kilkenny, New Ross and Waterford. A tabular statement setting out the grades and numbers is attached. Some 139 staff of my Department have also applied for decentralisation to other Government Departments or agencies.
An implementation plan, which sets out the broad issues to be addressed in implementing the decentralisation programme for this Department, has been submitted to the DIG. My Department will be submitting a revised implementation plan to the DIG by 31 March 2005 dealing with issues arising in the context of the move to Wexford.
|
Applications |
Number |
|
Principal Officer |
3 |
|
Assistant Principal Officer |
3 |
|
Higher Executive Officer |
4 |
|
Administrative Officer |
3 |
|
Executive Officer |
5 |
|
Staff Officer |
1 |
|
Clerical Officer |
5 |
|
Accountant |
1 |
|
Inspector |
3 |
|
Senior Meteorological Officer |
1 |
|
Archaeologist |
1 |
|
Assistant Fire Adviser |
1 |
|
Total |
31 |
57 Mr. McGinley asked the Minister for the Environment, Heritage and Local Government the plans his Department has to significantly increase the number of blue flag designated bathing places; and if he will make a statement on the matter. [32781/04]
The blue flag scheme is operated by the Foundation for Environmental Education, a non-governmental organisation based in Denmark, and is administered in Ireland by An Taisce. My Department provides grant aid to An Taisce as a contribution towards the administration expenses of the blue flag scheme in Ireland.
To apply for blue flag status, a beach must be a designated bathing area under the quality of bathing waters regulations. There are a total of 131 such bathing areas, 122 seawater and nine freshwater, designated in Ireland. The quality of the bathing water in these areas must comply with the guideline standards laid down in the EU bathing waters directive and the bathing areas must also comply with criteria specified by FEE regarding the facilities available and general management. These two conditions must be met in the bathing season -1 June to 31 August — of the year prior to the application.
My Department has requested a report from An Taisce as to the options and measures that might be pursued for increasing the number of blue flags awarded to areas in Ireland. The research is being undertaken by surveying the blue flag co-ordinators within the applicable local authorities and will deal with issues such as water quality, environmental education and information, environmental management, safety and other services. An Taisce aims to have the research completed by end of 2004.
I understand that water quality is the main factor for designated bathing areas not achieving blue flag status. I see considerable potential to increase the number of blue flag sites as a result of our greatly increased investment in new and upgraded water treatment plants and the measures to be taken under the nitrates action programme.
58 Mr. Durkan asked the Minister for the Environment, Heritage and Local Government the number of families on local authority housing lists in 1999; the number of families housed directly by the same local authorities in the period since; the number of houses built by the local authorities in that time and the number of families still on the relevant local authorities waiting list; if he can express as a percentage the extent to which housing provision has met the total need; and if he will make a statement on the matter. [32717/04]
The results of the statutory assessment of local authority housing need, which was undertaken by local authorities in March 1999, indicated that a total of 39,176 households were in need of housing, of which 28,027 consisted of two or more persons. The results of the statutory assessment of local authority housing need, which was undertaken by local authorities in March 2002, indicated that a total of 48,413 households were in need of housing, of which 32,891 were households consisting of two or more persons.
The total social housing output for the years 1999 to 2003 taking account of new local authority housing, vacancies arising in existing houses and output under other social housing measures met the needs of 9,200 households in 1999, over 8,600 households in 2000, 11,500 households in 2001, 12,700 households in 2002 and 13,600 households in 2003. It is anticipated that in 2004 the housing needs of around 13,000 households will be met.
Local authorities completed or acquired 3,713 units in 1999, 3,207 units in 2000, 5,022 units in 2001, 5,074 units in 2002 and 4,972 units in 2003. It is expected that local authorities will complete or acquire in the region of 5,000 units in 2004, including completions under regeneration programmes.
59 Mr. Hayes asked the Minister for the Environment, Heritage and Local Government if the upcoming by-elections in Kildare North and Meath will use electronic voting; and if he will make a statement on the matter. [32752/04]
110 Ms Lynch asked the Minister for the Environment, Heritage and Local Government the proposed timetable for the introduction of electronic voting; if the Government still plans to introduce electronic voting before the next general election; if it is intended to use electronic voting in either of the planned by-elections or in the proposed referendum on the new European treaty; and if he will make a statement on the matter. [32669/04]
239 Mr. Durkan asked the Minister for the Environment, Heritage and Local Government his intentions in regard to electronic voting with particular reference to the extraordinary expense incurred to date on the issue; and if he will make a statement on the matter. [32908/04]
I propose to take Questions Nos. 59, 110 and 239 together.
In parallel with the continuation of the work of the Commission on Electronic Voting, my Department is developing a programme of further assessment, testing and validation which is intended to address the concerns raised in the commission's interim report published last April on the secrecy and accuracy of the electronic voting and counting system. The objective of this programme is to demonstrate both to the commission and to the public that the Nedap-Powervote electronic voting system, which was selected following detailed assessment of the requirements to be met in Irish electoral conditions and the holding of an open international tender competition, is suitable to be used at Irish elections. The timing of the further use of the system is dependent on the progress made with this programme of work and the dates on which future polls may be held.
60 Mr. O’Dowd asked the Minister for the Environment, Heritage and Local Government the procedures adopted in awarding contracts to those working for his Department; if he was satisfied that all departmental and EU procedures were adhered to; who applied for each contract; the cost submitted for each tender; the names of all those that sat on all interview panels; and if he will make a statement on the matter. [32788/04]
My Department seeks to comply fully with Department of Finance and EU procurement procedures as regards the tendering and awarding of contracts.
The Department deals with over 3700 suppliers, contracts with whom are managed on an individual basis. The information sought is therefore not readily available and its compilation would involve a disproportionate amount of time and work.
61 Mr. Deenihan asked the Minister for the Environment, Heritage and Local Government when work will commence on a new library at Castleisland, County Kerry; and if he will make a statement on the matter. [32615/04]
Approval to sketch design-cost plan proposals from Kerry County Council for the provision of a branch library at Castleisland issued on 3 May 2002 along with approval to the council to proceed to tender stage. Tender documentation for this project, submitted by Kerry County Council in July 2004, is currently being examined in my Department.
62 Mr. Boyle asked the Minister for the Environment, Heritage and Local Government if he intends allowing departmental funding for the employment of heritage officers by local authorities to cease; and if he will make a statement on the matter. [32795/04]
In 1998, the Heritage Council developed a pilot scheme for the placement of heritage officers, dedicated to the conservation and promotion of heritage, within local authorities. This pilot scheme involved a partnership agreement with local authorities for the appointment of heritage officers. The council co-funds the appointments with local authorities, on a declining scale, over a five year period. The pilot scheme has since been mainstreamed in many local authorities and, to date, 24 heritage officers have been employed.
The heritage officer scheme has operated well and has been successful in raising heritage awareness at a local level, consistent with my Department's overall heritage objectives. I expect that local authorities will favourably consider the continuation of heritage officer appointments in the context of allocating resources and within the overall framework of Government policy on public sector numbers.
63 Mr. English asked the Minister for the Environment, Heritage and Local Government the total information technology budget for his Department since 1997; the initial cost of setting up his Department’s website; the cost of maintaining it on an annual basis; the name of the company/consultant involved; if he intends to improve the website; and if he will make a statement on the matter. [32749/04]
The information technology budget for my Department from 1997 to 2004 amounted to some €24.5 million. The Department's website was designed and developed by E-Blana Enterprise Group at a cost of €71,673.02, the bulk of which was paid in 2001 and 2002.
In terms of site maintenance, virtually all business units in my Department generate and update content for the website. Two members of staff have overall responsibility for maintaining the site, managing the look and feel and ensuring a consistency of style across the various areas. Maintenance of the technical infrastructure on which the site runs is covered by a wider support contract for applications and services on the same technical platform as the website. This contract is currently with System Dynamics Solutions.
My Department is committed to improving the website and is undertaking a number of initiatives to this end. A review of the site structure and content will shortly be completed and this will feed into the development of an entirely new site next year. In the interim, the site's home page has been revised with a view to overcoming the technical difficulties being experienced by some users. A series of other improvements have also been undertaken to improve the performance, accessibility, look and feel of the site. These changes are currently being tested and will go live shortly.
64 Mr. Hayes asked the Minister for the Environment, Heritage and Local Government when he intends to make a decision on the Waterford bypass; and if he will make a statement on the matter. [32754/04]
The Viking site at Woodstown was discovered during the course of archaeological investigations in advance of the construction of the N 25-Waterford bypass which was being carried out on behalf of Waterford City Council under the auspices of the NRA. A report on the outcome of these archaeological investigations, which identified a previously unknown Viking site, was submitted to my Department and is available on the NRA website.
The Department issued directions under the National Monuments Acts 1930 to 2004 requiring further studies to be carried out by the road developers to establish the archaeological potential of a marsh area at the western end of the site. Correspondence was recently received from the NRA enclosing reports on the results of additional investigations. In accordance with the provisions of the National Monuments (Amendment) Act 2004 I will consider these reports and consult the National Museum of Ireland with a view to issuing further directions under the Act to Waterford City Council as regards the Viking site.
65 Mr. Hogan asked the Minister for the Environment, Heritage and Local Government the role a person (details supplied) played in awarding contracts; the role that person played in the Department; if the person’s role extended beyond that specifically stated in that person’s contract; and if he will make a statement on the matter. [32789/04]
The person referred to in the question was engaged by my Department to provide the following services: advice and assistance in contacts between the Minister and his Department with the various media; advice and assistance in regard to the text and format of speeches, announcements and so forth designed to convey the policies of the Government, the Minister and his Department to the public or to provide information to the public concerning the services provided by the Department; advice on how the Department can use electronic media to best effect; advice regarding communication in the public forum of policy proposals under consideration; advice and assistance on gaining public and media support for initiatives taken and problems faced by the Minister and his Department; advice and assistance on improving the public image and media treatment of Government programmes and the activities of the Department; and advice and assistance on how the Department might best structure and co-ordinate its communications activities across the organisation as a whole The person's role did not extend beyond that stated in the contract. As part of these services the person named would, however, have participated in the relevant selection group to evaluate tenders in a number of competitions to choose consultants for contracts which would involve significant communications elements. These contracts related to "race against waste", electronic voting, the national Inventory of architectural heritage and the review of local government funding.
67 Dr. Upton asked the Minister for the Environment, Heritage and Local Government the changes he is considering in the way local authorities deal with planning applications, particularly one off housing applications in regard to his announcement of 25 October 2004; and if he will make a statement on the matter. [32687/04]
86 Mr. Timmins asked the Minister for the Environment, Heritage and Local Government when the guidelines on one off rural housing will be published; and if he will make a statement on the matter. [32613/04]
I propose to take Questions Nos. 67 and 86 together.
Draft regulations have been published by my Department which contain a range of measures to further streamline the planning application process. In particular, a standard planning application form is proposed for use by all planning authorities. My Department is now considering submissions received on these draft regulations I have also recently launched a task force on e-planning which will recommend on measures necessary to facilitate the development of services to enable the public to interact with the planning system online. This interaction should include the online submission of planning applications and appeals to all planning authorities and An Bord Pleanála, in parallel with the existing paper system, by the end of 2007. Finally, the principal thrust of the new development management guidelines currently being prepared in my Department is improved and consistent procedures and practices in dealing with planning applications, in order to provide a better service for the public.
As regards one off housing applications, draft guidelines for planning authorities on sustainable rural housing were published on 4 March 2004 for public consultation to give all those interested an opportunity to comment before the guidelines are finalised in statutory form. Submissions as regards the draft guidelines were to be submitted to the Department by 30 April 2004. In view of the importance of the rural housing issue, planning authorities and An Bord Pleanála were requested to have regard to the draft guidelines with effect from their date of publication. The guidelines are a material consideration both in respect of development plans and in the consideration of planning applications.
Planning authorities are required to review and vary their development plans, where necessary, to ensure that their policies on rural settlement are consistent with the policies set out in the guidelines and to deal with individual planning applications on the basis recommended in the guidelines.
A total of 105 submissions as regards the draft guidelines were received by the Department from interested organisations and individuals. The submissions have been examined in detail and I intend to carefully consider many suggestions that have been put forward for clarifying or improving the guidelines before they are finalised.
It is my intention that the guidelines will be issued in statutory form, shortly. The guidelines will then have the status of ministerial planning guidelines under section 28 of the Planning and Development Act 2000 to which planning authorities and An Bord Pleanála must have regard when exercising their planning functions.
68 Mr. Howlin asked the Minister for the Environment, Heritage and Local Government when his Department received the study prepared by the Health Research Board on the health implications of waste incineration; when he intends to publish his response to the study; and if he will make a statement on the matter. [32667/04]
The preparation by my Department, and the Department of Health and Children, of a response to the Health Research Board study has taken longer than originally anticipated. The delay arose due to the need to consider also a more recently published report by the UK Department for Environment, Food and Rural Affairs, the Review of Environmental and Health Effects of Waste Management. This study looked at cancer, respiratory diseases and birth defects and found no evidence for a link between the incidence of the diseases and the current generation of incinerators. I intend that a response to the HRB report will be published early in 2005.
69 Mr. P. McGrath asked the Minister for the Environment, Heritage and Local Government his views on whether the State should purchase a selection of national monuments; and if he will make a statement on the matter. [32769/04]
My Department, in co-operation with the Office of Public Works, already owns and manages a large portfolio of built heritage properties. Significant expansion of this property portfolio is not envisaged. Effort is being directed at present to developing a suitable model or models for a national trust arrangement for Ireland; this could harness private sector and voluntary, as well as State, support for the acquisition and management of heritage properties.
The Department does not, in these circumstances, have proposals for purchasing specific further national monuments.
70 Mr. O’Dowd asked the Minister for the Environment, Heritage and Local Government the number of contracts awarded to external consultants by his Department since 1997, both temporary and full; and if he will make a statement on the matter. [32787/04]
Over 90 contracts have been awarded to external consultants for the period since June 2002 to date. Figures for the period from 1997 to June 2002 are being compiled and will be forwarded to the Deputy shortly.
72 Mr. Broughan asked the Minister for the Environment, Heritage and Local Government if he has received the report of the NESC on housing and building land; when it is expected that the report will be published; if he completed his consideration of the results of the research he has commissioned from a consultant (details supplied) into the ownership/control of building land in certain development areas, particularly Dublin, to determine whether current practices are retarding the overall delivery of building land or impeding long-term market stability; when the results of the research will be published; and if he will make a statement on the matter. [32681/04]
84 Mr. Rabbitte asked the Minister for the Environment, Heritage and Local Government the action that has been taken or that he plans to take following the report of the All-Party Committee on the Constitution on the cost of building land; the specific measures that have been implemented arising from this report; and if he will make a statement on the matter. [32680/04]
I propose to take Questions Nos. 72 and 84 together.
I refer to the replies to Question No. 5 and to Questions Nos. 7 and 9 of 30 September 2004. The position is unchanged.
75 Ms B. Moynihan-Cronin asked the Minister for the Environment, Heritage and Local Government the number of legal proceedings currently being taken against the Government for its failure to comply with EU legislation designed to protect the environment; and if he will make a statement on the matter. [32672/04]
There are currently seven cases in respect of which the European Commission has initiated legal action as regards EU environmental directives, six of which are the direct responsibility of my Department. This figure includes one case where the Commission has applied to the court for a daily fine as regards the incomplete transposition of the environmental impact assessment directive.
The six cases for which my Department has responsibility include the directive on dangerous substances in water. This directive is substantially implemented in the context of the Local Government Water Pollution Act and related legislation, under which water quality standards have been established for phosphorous and 14 other substances. EPA monitoring indicates that dangerous substances as addressed by this directive are generally not a problem in Irish waters. The directive is being further implemented in the context of the implementation of the water framework directive.
As regards the directive on the assessment of the effects of certain public and private projects on the environment, commonly known as EIA directive, the points at issue relate to measures to deal with peat extraction. The Commission applied to the European Court of Justice on 7 July 2003 seeking the application of a daily fine of €21,600 for each day of delay in implementing measures in the directive. There is ongoing communication with the Commission to resolve the matter.
Three cases relate to alleged failures to designate areas for conservation. The first case concerns the failure to fulfil obligations under the birds directive and the habitats directive and relates specifically to the effects of sheep overgrazing in the Owenduff and Nephin Beg regions. The Department is in communication with the Commission with a view to satisfying the requirements of the court. The second case relates to the designation of a sufficient number of special areas of conservation, SACs, under the habitats directive. The Department has worked to meet the requirements of the directive and has to all intents and purposes satisfied the requirements of the court judgment in this case.
The third case, proceedings in which were initiated by the Commission during October 2004, relates primarily to allegations that insufficient special protection areas, SPAs, have been classified under the birds directive and the habitats directive and that the protective mechanisms in place are insufficient. The defence in this case is currently being prepared. There are a number of related waste issues. The Advocate General delivered his opinion on this case to the European Court of Justice on 23 September 2004.
The seventh case relates to matters for which the Department of Communications, Marine and Natural Resources has responsibility and concerns the shellfish waters directive. The Irish authorities have responded to the letter of formal notice of September 2004, providing clarification to the Commission on the areas in which the Irish implementation programme was deemed to be deficient.
Two further cases referred to in the most recent reply to a question on this matter, Question No. 90 of 4 November 2004, are not now included as the judgments delivered by the European Court of Justice have been received. These cases related to end-of-life vehicles and reporting arrangements relating to ozone depleting substances. The current position as regards the former is set out in the reply to Question No. 24 on today's Order Paper, while a response to the latter judgment is being prepared.
76 Ms O’Sullivan asked the Minister for the Environment, Heritage and Local Government the progress of his discussions with stakeholders regarding the issue of stage payments that new purchasers of houses are being asked to pay; the persons who are involved in these discussions; and if he will make a statement on the matter. [32676/04]
I am concerned to ensure that house purchasers are not adversely affected by any practices that might make it more difficult or expensive to access a home in certain circumstances. My Department has been considering the practice of stage payments with a view to clarifying the issues involved and identifying likely implications of possible options, including potential legislative action, and has been in communication with a number of interests in that context.
Based on this examination, I propose to undertake a more formal and structured consultation process shortly. The overall impact on the home buyer will be the central consideration in this process to ensure, in particular, that consumers are not disadvantaged by any undesirable market practices. While I am not yet in a position to indicate the parties to be consulted, it will be a well focused process, involving relevant interests that are in a position to contribute towards progressing the matter.
77 Mr. Durkan asked the Minister for the Environment, Heritage and Local Government the cost to date, including purchase, storage, hire and use of materials and equipment, public relations consultancy or promotional costs involved in the matter of electronic voting; the extent to which he intends to rely on the experience to date in any future proposals in this regard; if he feels that the next phase in the programme is likely to be as costly; and if he will make a statement on the matter. [32718/04]
240 Mr. Durkan asked the Minister for the Environment, Heritage and Local Government the reason it is presumed that electronic voting is a necessity when it is clear that such systems are unreliable; and if he will make a statement on the matter. [32909/04]
I propose to take Questions Nos. 77 and 240 together.
The Government's decision to move to electronic voting and counting reflects a range of identified benefits compared to the current manual arrangements. These include more democratic outcomes through the minimisation of invalid votes and the more accurate counting of votes, provision of a higher level of service to the public, greater flexibility and speed in the voting and counting processes and greater use of modern information and communication technologies.
The cost to date of the electronic voting and counting project is some €51 million. All relevant factors will be taken into account in the future implementation of the electronic voting and counting system. Additional costs that may arise as regards the electronic system are likely to be small relative to the capital investment already made.
79 Mr. Gilmore asked the Minister for the Environment, Heritage and Local Government if he will consider introducing amending legislation to deal with the anomaly whereby local authorities cannot grant individual waivers for refuse charges to persons living in private apartment blocks in light of the implications this has, particularly for elderly persons on low incomes living in such accommodation; and if he will make a statement on the matter. [32659/04]
92 Mr. Neville asked the Minister for the Environment, Heritage and Local Government if he will amend the legislation governing the waiver system for refuse charges following its axing on the advice of the Attorney General; in view of the consequences for up to 2,000 elderly citizens in Limerick who will be forced to pay for their refuse collection for the first time in 2005; and if he will make a statement on the matter. [32786/04]
I propose to take Questions Nos. 79 and 92 together.
The determination of waste management charges is statutorily a matter for the relevant local authority in cases where it acts as the service provider. Where, as may commonly occur, a private operator acts as service provider then that operator will determine the charges. Similarly, in regard to waiver schemes for waste charges, it is the responsibility of the local authority concerned to decide on the nature and extent of any such scheme in the case of services provided by itself. Generally speaking, waiver schemes do not operate in respect of privately supplied collection services.
In the case of Limerick City Council, I understand that the city council has received legal advice indicating that in the present circumstances obtaining in its area for the provision of domestic waste collection services, the council may not be empowered to provide a waiver scheme. It is for the council to address this matter in the context of the local circumstances involved and the possible measures available to it under the Waste Management Acts. Given the possibility of alternative approaches under existing legislation and differing arrangements across local authorities, I do not consider that it would be appropriate for amending legislation to prescribe a uniform approach to the design of waiver schemes by individual local authorities.
The issue of waste charges and low income persons or households has been raised in a social partnership context. Arising from this, discussions have taken place between my Department and the Department of Social and Family Affairs with the scope of identifying relevant issues and how these might be addressed.
80 Mr. Gilmore asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the fact that of the 315 social and affordable houses acquired by local authorities under Part V of the Planning and Development Act 2000, 69% were acquired by one local authority and that the majority of local authorities in the country acquired none; his views on whether this situation is satisfactory; the action he intends to take in regard to this matter; if he will give the projected number of houses expected to be acquired by local authorities under Part V in 2005; and if he will make a statement on the matter. [32660/04]
Apart from the provision of housing units to the local authority, an agreement under Part V of the Planning and Development Acts 2000 — 2002 may provide for: the transfer of land or sites to the local authority within the area of proposed development or within the functional area of the local authority; the transfer of fully or partially serviced sites to the local authority within its functional area; the transfer of fully or partially serviced sites to an approved housing body or other nominated persons; the payment of money in lieu of land, new units or sites; or any combination of these options.
It should also be noted that Part V relates only to planning applications made in respect of land zoned for residential use or for a mixture of residential and other use and applies to developments consisting of five or more housing units. It does not, for example, relate to one off rural housing, which forms a significant proportion of planning applications in many counties.
Part V is fully operational in all local authorities and all relevant residential planning applications are subject to a Part V agreement. However, the pace of activity in particular areas and, inter alia, the provision of Part V housing units, is dependent on the level and commencement of private sector residential development and the nature of Part V agreements entered into. Indeed, on the basis of returns to my Department on the provision of housing units, land, sites and financial contributions to date, it is clear that activity under Part V is gathering momentum. Provisional figures for the first nine months of 2004 indicate that a total of 4,500 social and affordable units are now planned or proposed. On this basis I expect that the number of units to be acquired by local authorities in 2005 will be over 1,000.
Accordingly, I am satisfied that the provisions of Part V are now being progressed that they will contribute significantly to the provision of social and affordable housing in future.
81 Ms McManus asked the Minister for the Environment, Heritage and Local Government if he has completed his consideration of the European Court of First Instance decision to rule against Ireland for failure to protect human health through properly controlling waste dumps; the steps he is taking to ensure Ireland will in future comply with the European Commission’s waste disposal directive; and if he will make a statement on the matter. [32671/04]
I refer to the reply to Question No. 15 of 4 November 2004.
The detailed opinion of the Advocate General is still being assessed by my Department but, in any event, it would not be appropriate to make any statement on the matter until the judgment of the European Court of Justice, which is expected in the first half of next year.
82 Mr. Coveney asked the Minister for the Environment, Heritage and Local Government the number of disabled persons grants his Department has allocated for each of the past three years; the number of such grants he expects to be allocated as a result of the budget 2005 allocation of €52 million; and if he will make a statement on the matter. [32780/04]
The administration of the disabled persons grant scheme is a matter for local authorities and my Department is not involved in the allocation of individual grants. The number of disabled persons grants allocated by local authorities in the last three years is 4,883 in 2001, 5,932 in 2002 and 5,739 in 2003.
The sum of €52 million referred to in the question has been allocated for the payment of private housing grants and subsidies in 2005. This figure includes the provision for recoupment to local authorities of two thirds of their expenditure on disabled persons and essential repairs grants. Details of the amount available for recoupment in respect of these grants and of the total capital available to authorities for expenditure on the schemes will be made available in the Revised Estimates for Public Services 2005 which will be published early in 2005. Due to the variations in the amount of individual grants paid, it is not possible to estimate the number of grants which will be paid in 2005.
83 Mr. Murphy asked the Minister for the Environment, Heritage and Local Government if he will create new local authorities such as town councils and so on and upgrade some borough councils to city borough status where there is evidence of significantly increased population; and if he will make a statement on the matter. [32778/04]
The Local Government Act 2001 modernises the legislative framework, supports community involvement with local authorities in a more participative local democracy and underpins generally the programme of local government renewal, including the position of county and city councils as the primary units of local government.
The Act takes account of the recommendations of the 1996 report of the reorganisation commission towards cohesive local government, town and county, regarding improved accessibility, interaction and linkages for all towns within their local county council areas as the way forward. Section 185 of the Act provides that qualified electors of a town having a population of at least 7,500 as ascertained at the last preceding census and not having a town council may make a proposal for the establishment of such a council, in line with the population threshold recommended in that report. Under the relevant provisions of the Act, which I hope to commence in the near future, a proposal to establish a town council is, therefore, a matter for the local community in the first instance and thereafter a decision on whether to proceed further with such a proposal is a reserved function of the relevant county council, following a public consultation process.
Under current local government law, there are five borough councils, each of which is responsible for a significant range of legal and administrative functions in their respective areas as well as contributing to local development in co-operation with their respective county councils. Any proposal to establish a new city council would require amending legislation and there are currently no proposals in this regard.
89 Mr. Crowe asked the Minister for the Environment, Heritage and Local Government the average length of time which single homeless males spend on local authority housing waiting lists before being housed; and if he will make a statement on the matter. [32742/04]
The results of the statutory assessment of local authority housing need, which was undertaken in March 2002, indicated that a total of 48,413 households were in need of social housing, of which 2,468 were considered homeless and in need of local authority housing. Information on gender and the length of time these households were on the local authority waiting list was not collected.
Information from the last assessment of need indicates that approximately 60% of households assessed as in need of local authority housing were on the local authority waiting list for less than two years. It is, however, the case that some applicants for local authority housing are on waiting lists for longer periods on the basis that their housing need has a relatively lower priority compared with the needs of households who have been allocated housing. The relative priority of households on the local authority waiting lists is determined in accordance with the authorities' scheme of letting priorities, the making of which is a function reserved to the elected members.
90 Mr. Kenny asked the Minister for the Environment, Heritage and Local Government if he will visit the Poolbeg Quay development in Dublin, built by the City Housing Initiative; and if he will make a statement on the matter. [32772/04]
I am aware that the development at Poolbeg Quay, which was built under the 1999 affordable housing scheme, was opened officially recently and am pleased to acknowledge the work of the City Housing Initiative in bringing it to fruition. Regretfully, I was unable to attend the official opening due to other commitments but my Department was represented. I would be pleased to visit the new development at a future date.
91 Mr. Coveney asked the Minister for the Environment, Heritage and Local Government the way in which he will allocate to local authorities the €10 million fund for disability included in the 2005 budget; the type of schemes that will qualify; and if he will make a statement on the matter. [32779/04]
The €10 million capital funds provided in the budget for my Department for the implementation of the national disability strategy will be used to fund measures set out in my Department's outline sectoral plan, after its approval by Dáil Éireann as required by section 29 of the Disability Bill 2004. The measures include access by persons with disabilities to public buildings, public roads and other public places and to other services provided by the Department, local authorities and other public bodies under the aegis of my Department.
94 Mr. J. O’Keeffe asked the Minister for the Environment, Heritage and Local Government if he has conducted an audit to check, following the ending of the dual mandate, the responsiveness of local authorities to requests and responses from Members of the Houses of the Oireachtas; and his proposals in this regard. [32611/04]
From the commencement of the single mandate for elective local government, local authorities were required to make specific arrangements to provide a reasonable level of service for Oireachtas Members and facilitate them in carrying out their work on behalf of local communities. Statutory regulations have been made in this connection. Copies of these regulations in the Local Government Act 2001 (Section 237A) Regulations 2003 and an information note are available in the Oireachtas Library.
The regulations provide, inter alia, for the supply of specified documentation to Oireachtas Members by the local authority and in this context a parliamentary representative may notify a local authority of his or her postal or electronic address. Systems, procedures and timeframes equivalent to those used for correspondence from local authority members also apply to Members of the Oireachtas. Similarly, where there are arrangements for electronic access to information by councillors, these should be made available to Members. Managers are required to meet at least annually with Members to provide them an opportunity for an update on developments and to allow them raise any difficulties encountered. This is additional to normal and regular contacts between public representatives and local authority officials regarding particular problems or issues.
As these arrangements have been introduced relatively recently, an audit has not been carried out. The operation of the arrangements will be kept under review with a view to any necessary amendment of current guidance on these matters. In the meantime, I expect authorities to facilitate parliamentary representatives, in the spirit and the letter of the regulations, in the timely provision of local authority documentation.
95 Mr. Noonan asked the Minister for the Environment, Heritage and Local Government the status of the request by Limerick City Council to extend its boundary to include Coonagh, Caherdavin, Castletroy, Rosbrien and Mungret; and if he will make a statement on the matter. [32762/04]
Limerick City Council has recently prepared proposals for a boundary extension to include the areas identified and these proposals are currently the subject of an inter-authority and public consultation process. Details of the proposal can be found on the Limerick City Council website at www.limerickcity.ie. Under the current statutory provisions, any proposed boundary extension would require the approval of the Minister for the Environment, Heritage and Local Government and it would, therefore, be inappropriate to make any statement at this stage.
96 Mr. Penrose asked the Minister for the Environment, Heritage and Local Government if, in regard to his speech to the LAMA conference in Dundalk on 12 November 2004, he will elaborate on his plans for a league table for local authorities; and if he will make a statement on the matter. [32690/04]
It is my aim to promote improvements in performance and in service delivery by local authorities. Arising from the work of the local government customer services group established by my predecessor in May 2003, local authorities are obliged from 2004 onwards to report publicly on their performance against 42 service indicators across their principal functions. The results will be independently verified and monitored.
This initiative will allow the public and local authorities to compare the performance of their authority vis-à-vis other local authorities. It will enable good performance to be highlighted and shared. Conversely, where poor performance is identified it will allow necessary corrective actions to be taken. I am considering further appropriate initiatives to promote the highest possible standard of excellence throughout local government.
97 Mr. Ring asked the Minister for the Environment, Heritage and Local Government the number of contracts awarded to special advisers by his Department since 1997, both temporary and full; and if he will make a statement on the matter. [32792/04]
Two special advisers have been appointed in my Department since 1997. Each assignment met the terms of the relevant guidelines laid down by the Department of Finance. Both assignments were temporary and their tenure was co-terminous with that of the Minister whom they served.
98 Mr. Eamon Ryan asked the Minister for the Environment, Heritage and Local Government the action being undertaken by his Department to ensure that planning authorities do not zone land for development that is under risk of flooding. [32801/04]
The question of zoning land for different uses is a matter for each planning authority to address in the context of its development plan. Under the Planning and Development Act 2000, planning authorities may include in their development plans objectives regulating, restricting or controlling development in areas at risk of flooding. In exercising this function, planning authorities have the opportunity to ensure that existing flood risks are mitigated and that new development does not individually or cumulatively give rise to new flood risks.
Development plan policies dealing with flooding also need to recognise the uncertainties inherent in the prediction of flooding and the fact that flood risk is expected to increase as a result of climate change. Development plan objectives could also include policies indicating that developers will be required to support the funding of flood defences needed for particular developments, either partially or fully, depending on the circumstances involved.
It is my intention to publish guidelines for planning authorities on the preparation of development plans. The issue of development and flooding in determining development plan policies will be addressed in this context.
101 Ms Enright asked the Minister for the Environment, Heritage and Local Government if he intends to extend the ban on smoky coal to additional urban centres; and if he will make a statement on the matter. [32784/04]
Under an agreement made in June 2002 with the solid fuel trade group, representing the principal importers and distributors of solid fuel in Ireland, it was agreed that the Minister would not extend the ban on the marketing, sale and distribution of bituminous coal to additional areas except to ensure adherence to air quality standards. No need for such action has arisen since June 2002. It is intended that the 2002 agreement with the solid fuel trade group will be reviewed at the end of the current winter heating season.
102 Mr. English asked the Minister for the Environment, Heritage and Local Government if he will amend the regulations which require voluntary housing bodies to only purchase sites for housing which already have planning permission, thus putting them in direct competition with developers; and if he will make a statement on the matter. [32756/04]
There is no such requirement on voluntary housing bodies.
103 Ms Shortall asked the Minister for the Environment, Heritage and Local Government the progress made to date with regard to implementation of the national spatial strategy; and if he will make a statement on the matter. [32685/04]
The Government has put a wide range of measures in place at national, regional and local levels aimed at achieving the strategy's objectives over its 20 year horizon. The initial phases of NSS implementation have focused on embedding the policy approach of the NSS within key Departments, their agencies and the regional and local authorities.
Significant milestones in this regard have included the adoption by all regional authorities of regional planning guidelines which will help to structure and inform local planning in the period to 2020; substantial progress in national development plan capital investment programmes endorsed by the NSS as providing the critical catch up infrastructure such as key road and rail links needed to support the achievement of more balanced regional development; mid-term review of the national development plan, which signalled the potential for further aligning NDP expenditure with the NSS planning framework, particularly in the environmental infrastructure and regional operational programmes; the establishment of implementation frameworks for the gateways on a phased basis, with frameworks now in place in Cork and Galway and work on similar frameworks advancing in other areas. The proposals announced earlier this year for substantial investment in new suburban rail services in the Cork area are a significant example of a direct response from the Government to the planning policies which have been put in place under one of the gateway frameworks referred to above and other responses are being examined.
NSS implementation is now seeking to focus on the identification of longer term development and investment prioritisation issues arising from the strategy's 20 year horizon. Key priorities over the next 12 months will include advancing a detailed study of issues arising in accelerating the development of the gateways as well as the development agencies and authorities in the gateways. This study will provide pointers on how the accelerated development of gateways can be better facilitated and promoted. It will intensify progress in co-ordinating activities in the areas of housing, environmental and water services infrastructure provision and local roads programmes in my Department to support the objectives of the NSS and the accelerated development of the gateways in particular. It will also build on bilateral links between my Department and other Departments and agencies in order to link their strategic and longer term planning of investment to NSS implementation activities such as the regional planning guidelines.
104 Mr. P. McGrath asked the Minister for the Environment, Heritage and Local Government his views on the need for so-called move-on accommodation to assist homeless persons move from emergency accommodation to self reliance; and if he will make a statement on the matter. [32768/04]
There is a need for a wide range of accommodation, ranging across emergency, transitional, long-term supported and permanent accommodation, to cater for the varying needs of homeless people. While we need to provide a certain amount of transitional and move-on accommodation, our main aim should be to assist homeless persons who can live independently into mainstream accommodation as soon as possible. This, together with appropriate outreach and resettlement support, is essential in assisting people out of homelessness altogether.
105 Ms Enright asked the Minister for the Environment, Heritage and Local Government if he intends to extend the serviced land initiative to make more efficient use of housing land; if he intends to make further special development zone designations; and if he will make a statement on the matter. [32783/04]
To date, approximately 300 serviced land initiative schemes have been approved under my Department's water services investment programme. Over 200 schemes providing services for over 145,500 housing units had been either been completed or were at construction by 30 June 2004. Schemes to serve a further 22,000 housing units were scheduled to begin construction during the second half of this year.
Any further applications by local authorities for funding for additional serviced land initiative schemes will be considered by my Department on a case by case basis. No requests have been made to my Department for the designation of further strategic development zones by the Government and there are, accordingly, no current plans for additional designations of this kind.
106 Mr. Costello asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the pre-budget submission from the housing organisation, Focus Ireland, calling for the provision of funding for 10,000 additional social housing units; the number of such units for which funding has been provided in the Estimates for 2005; and if he will make a statement on the matter. [32663/04]
I am aware of the submission by Focus Ireland referred to in the question. The Government has responded actively to the increased level of social housing need by expanding social and affordable housing output significantly. The total Exchequer provision for 2005, of which €50 million of the capital element was announced in the budget, means that my Department will spend a record €1.3 billion on supports for social housing in 2005.
This represents an increase of 19.8% on the expected outturn for 2004. This increase in provision for 2005 will allow us to make substantial further investment in our social and affordable housing programmes. These funds will enable the needs of over 13,000 households to be met through the broad range of existing social and affordable housing programmes operated by my Department and the local authorities.
The long-term housing needs of about 5,000 current recipients of rent supplement will be addressed through the new rent accommodation scheme. We expect increased activity under the main local authority programme, where we expect to start 5,500 new local authority houses, compared to an average of 4,700 in the last three years. Investment will continue in our ambitious regeneration programmes and other social housing measures, including houses completed by the voluntary and co-operative housing sector. We expect additional output under affordable housing schemes, with over 3,000 households likely to benefit from these schemes in 2005.
Earlier this year we initiated the development of five year action plans by local authorities for social and affordable housing. Focus Ireland has welcomed this approach. These plans provide a means of ensuring that these resources are used to best effect. The plans will allow for maximum output to be achieved through the effective planning of programmes and prioritisation in line with needs. Overall, our priority is to ensure that housing is delivered in a manner that breaks cycles of dependency and disadvantage. Good progress is being made in assisting the broad range of housing needs and this indicates the important priority that the Government attaches to this area.
107 Mr. Boyle asked the Minister for the Environment, Heritage and Local Government if he will be disposed to changing the planning regulations to ensure that the ESB and other electrical utilities are required to erect site notices that would be clearly visible from the public roads closest to where the development of transmission lines is proposed; and if he will make a statement on the matter. [32794/04]
Article 19 of the Planning and Development Regulations 2001 provides that a site notice in connection with a planning application must be fixed in a conspicuous position on or near the main entrance to the land or structure concerned from a public road, or where there is more than one entrance from public roads, on or near all such entrances, or on any other part of the land or structure adjoining a public road, so as to be easily visible and legible by persons using the public road.
However, an electricity undertaking is exempt from the requirement to erect a site notice in respect of an application for the construction or erection of overhead transmission or distribution lines for conducting electricity. The reason for this exemption is that it is considered too difficult for an electricity undertaking to comply with the site notice requirements, having regard to the number of roads that would be involved. It is not proposed to amend the legislation in this regard. An electricity undertaking is not exempt from the requirement to publish in a newspaper its intention to apply for permission for the construction or erection of overhead transmission or distribution lines.
108 Ms B. Moynihan-Cronin asked the Minister for the Environment, Heritage and Local Government if he will confirm that the Government has received a letter from the European Commission expressing concern about the adequacy of measures being taken by the State to counter illegal cross-Border dumping; his response to the concerns raised; and if he will make a statement on the matter. [32673/04]
A letter of formal notice has been received from the European Commission regarding controls on irregular waste movements and illegal waste trafficking in Ireland. The Commission's letter was answered by Ireland on 10 June 2003. A further letter has been received from the Commission to which a reply is required by February of next year. This further letter is being considered in my Department and a reply will shortly be prepared.
111 Mr. Murphy asked the Minister for the Environment, Heritage and Local Government if he will establish a consultative rate payers forum in each local authority in recognition of the financial role of commercial rate payers in funding local services; and if he will make a statement on the matter. [32777/04]
The adoption of a budget and an annual rate on valuation each year is a matter for each local authority. Strategic policy committees operate on a statutory basis in county and city councils and comprise elected members and sectoral interests, including business representatives. These committees provide a clear opportunity for contribution and input to the preparation of annual budgets. It is also open to ratepayers, either individually, through chambers of commerce or other groups, to consult with local authorities on rating issues. However, arrangements for such consultation or for fora beyond the statutory strategic policy committees are matters for individual local authorities.
112 Ms Burton asked the Minister for the Environment, Heritage and Local Government if he has satisfied himself that local authorities are using the powers available to them to collect the special housing levy in view of the fact that only €392,000 was raised in the first six months of 2004; if he will give the projected figures for the full years of 2004 and 2005; and if he will make a statement on the matter. [32662/04]
Section 4 of the Planning and Development Act 2002 provides, on payment of a levy, for the restoration of the normal limit of duration of five years for planning permissions for residential development on land zoned for residential or mixed development, for which applications were received between 25 August 1999 and the approval of a planning authority's housing strategy.
Based on the preliminary figures supplied to my Department by planning authorities, the amount paid in levies to the end of September 2004 amounted to €871,632. While it is not yet possible to estimate the total amount of such levies to be paid in 2004 or which are likely to accrue in 2005, I am satisfied that progress to date demonstrates that the relevant provisions of the Planning and Development Act 2002 are being implemented.
113 Mr. Ferris asked the Minister for the Environment, Heritage and Local Government the number of houses which have been completed to date and not including housing units delivered under Part V of the Planning Acts 2000 and 2002 with respect to the 10,000 affordable houses committed under the Sustaining Progress agreement; the average sale price of houses completed; and if he will make a statement on the matter. [32744/04]
Significant progress continues to be made on the affordable housing initiative under the Sustaining Progress agreement, with over 50 projects identified at this stage. Construction has begun on a number of sites and a number of other projects have been advertised for expressions of interest which collectively will yield 760 units.
Other than Part V affordable units, no units have yet been completed on the State lands provided to the initiative. It can take a number of years from identification of a site through the various planning and construction processes before units for new housing schemes are finally delivered. However, all projects are being developed as a priority with a view to early delivery of units.
My Department has been examining a number of fast tracking options. One such option is the exchange of land for the delivery of units. In this respect, the Harcourt Terrace site was advertised on 17 November 2004 on a pilot basis. This particular project will be closely monitored with a view to the possibility of using the land swap option for other sites released to the initiative. The sale price of the housing units to be completed under the initiative will be dependent on a number of factors, including the size of the housing unit, its location and the cost of market value units in the area.
114 Mr. Wall asked the Tánaiste and Minister for Health and Children the position of a person seeking an early appointment for an eye operation in view of the serious problems that the person is encountering at present; and if she will make a statement on the matter. [32824/04]
Responsibility for the provision of health services to persons residing in Counties Dublin, Kildare and Wicklow rests with the Eastern Regional Health Authority. My Department has, therefore, asked the regional chief executive of the authority to investigate the matter raised by the Deputy and to reply to him directly.
115 Mr. Stanton asked the Tánaiste and Minister for Health and Children, further to Parliamentary Question No. 196 dated 23 November 2004, if she is satisfied that the plans of the South Eastern Health Board to build a special needs residential unit on the hockey pitch at St. Dymphna’s Hospital in Carlow are in line with the policy of her Department as outlined in her reply; if her attention has been drawn to or has she had representation on, the issue; and if she will make a statement on the matter. [32825/04]
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 and to provide enhanced levels of service for persons with an intellectual disability and those with autism accommodated in psychiatric hospitals, for those accommodated in de-designated units which were formerly designated as psychiatric services as well as others who moved some years ago from psychiatric hospitals to alternative accommodation which is now unsuitable for their needs.
Responsibility for the provision of services to persons with an intellectual disability and those with autism in the Carlow area lies, in the first instance, with the South Eastern Health Board. My Department has, therefore, asked the CEO to investigate the matter raised by the Deputy and reply directly to him.
116 Mr. F. McGrath asked the Tánaiste and Minister for Health and Children if she will give the number of speech therapists serving in the north side of Dublin and any plans for developing the services further in 2005. [32857/04]
The provision of health related services, including speech and language therapy, for people with physical or sensory disabilities is a matter for the Eastern Regional Health Authority and the health boards in the first instance. Accordingly, the Deputy's question has been referred to the regional chief executive of the Eastern Regional Health Authority with a request that he examine the matter and reply directly to the Deputy.
The continued implementation of the pay recommendations of the public service benchmarking body, as well as the report of the expert group on various health professions which included new pay scales and career structures, the availability of the fast track working visa scheme and the streamlining of procedures for the validation of overseas qualifications are designed to help sustain the improvements in staffing levels achieved for speech and language therapy services. Three new speech and language therapy courses began in the 2003-04 academic year in UCC, NUIG and UL. In total, these courses will provide an additional 75 training places in speech and language therapy. This expansion in training numbers was identified in the Bacon report as necessary to meet the long-term demand-supply balance for speech and language therapists in Ireland.
117 Mr. Stanton asked the Tánaiste and Minister for Health and Children the further progress that has been made in extending Southdoc, the primary care out of hours service, into the remaining rural areas of north and east Cork; and if she will make a statement on the matter. [32858/04]
Submissions on the expansion of the out of hours co-operatives have been received by my Department from health boards including the SHB. It is hoped that allocations under this heading will be made in the very near future.
Decisions on the expansion of an out of hours co-operative, including the locations to be covered and the timing of any such developments, are matters for the relevant CEO to make, mindful of the range of service provision requirements and funding issues involved.
118 Aengus Ó Snodaigh asked the Tánaiste and Minister for Health and Children the plans the 29 hospitals that have admitted selling pituitary glands to companies (details supplied) put in place to contact the next of kin of the 7,500 deceased persons from whom these glands were obtained without knowledge or consent. [32859/04]
119 Aengus Ó Snodaigh asked the Tánaiste and Minister for Health and Children if a statutory inquiry will be established as a matter of urgency into the sale of pituitary glands to pharmaceutical companies. [32860/04]
120 Aengus Ó Snodaigh asked the Tánaiste and Minister for Health and Children if she has established the profits companies (details supplied) generated from the sale of medications produced by pituitary glands obtained from deceased persons without the consent of their next of kin. [32861/04]
121 Aengus Ó Snodaigh asked the Tánaiste and Minister for Health and Children the extent of hospital and health board co-operation with the Dunne inquiry. [32862/04]
122 Aengus Ó Snodaigh asked the Tánaiste and Minister for Health and Children the way in which the private nature of the Dunne inquiry can be justified in view of the fact that the issues under investigation are matters of public interest. [32863/04]
123 Aengus Ó Snodaigh asked the Tánaiste and Minister for Health and Children the way in which the estimated €16 million which has been spent on the Dunne inquiry, which has furnished no report or findings to date, can be justified. [32864/04]
124 Aengus Ó Snodaigh asked the Tánaiste and Minister for Health and Children the reason the Dunne inquiry has been allowed to continue in session for over five years without producing a report. [32865/04]
125 Aengus Ó Snodaigh asked the Tánaiste and Minister for Health and Children the reason the current non-statutory Dunne inquiry has missed five deadlines for producing a report. [32866/04]
I propose to take Questions Nos. 118 to 125, inclusive, together.
The terms of reference of the post mortem inquiry require it to review post mortem policy, practice and procedure in all hospitals in the State since 1970, with particular reference to organ removal, retention, storage and disposal. The inquiry is also mandated to examine any arrangements with pharmaceutical companies regarding retained organs, including pituitary glands.
The chairman has confirmed that the inquiry has received considerable co-operation from each of the hospitals with which it is dealing and that the inquiry's non-statutory nature has not thus far significantly hampered its substantive work. The chairman has indicated that she will provide a report on paediatric hospitals in December 2004. There are ongoing consultations with the inquiry on the other elements of its remit, having regard to the Government decision that the inquiry should conclude by 31 March next. Pending receipt of the chairman's report, it would be inappropriate for me to comment on the actions of specific pharmaceutical companies.
Individual hospitals have adopted differing policies on the question of contacting next of kin of deceased persons whose pituitary glands were retained. For example, one hospital recently made contact with next of kin to advise them that pituitary glands of deceased relatives had been retained. I understand that some of those contacted were greatly distressed at the news. Subsequently, another hospital decided not to make direct contact with next of kin and instead placed notices in the newspapers inviting next of kin of patients who died during specific periods of time to make contact with the hospital if they wished to know whether glands had been retained.
By 31 August 2004, the inquiry had incurred direct expenditure of €11,577,610. This includes fees to the inquiry's legal team and costs associated with the establishment, rental and administration of the inquiry office. My Department has also provided funding to the Eastern Regional Health Authority and Parents for Justice in respect of inquiry related expenditure amounting to €6,780,424. This brings the total expenditure relating to the inquiry to the end of August 2004 to €18.358 million.
126 Mr. Lowry asked the Tánaiste and Minister for Health and Children if persons over 70 years still automatically qualify for a medical card; her views on the medical card provision for the elderly; if it is her intention to remove this automatic qualification in early 2005; and if she will make a statement on the matter. [32867/04]
The introduction of statutory entitlement to a medical card for all persons, aged 70 years and over, who are resident in Ireland, came into effect on 1 July 2001. All persons in this age category qualify free of charge for general practitioner services from a general practitioner in their area who holds a general medical services contract with the local health board. This covers surgery and domiciliary visits where clinically deemed necessary.
They are also entitled to prescribed approved drugs and medicines from community pharmacists, dental and ophthalmic benefits under the GMS scheme, free of charge, and may avail of a range of community based and provided services. They are also not liable for statutory charges for hospital services provided as an inpatient or as an outpatient, when referred by a general practitioner. I have no plans to introduce legislation to change the current statutory eligibility entitlement arrangements for persons aged 70 years and over.
127 Mr. F. McGrath asked the Tánaiste and Minister for Health and Children if she will work closely with the Department of Education and Science regarding a person (details supplied) in Dublin 9 with a disability; if she will ensure that they get the back up services required; and if she will make a statement on the matter. [32920/04]
The provision of health related services, including occupational therapy, for people with physical and sensory disabilities is a matter for the Eastern Regional Health Authority and the health boards in the first instance. Accordingly, the Deputy's question has been referred to the regional chief executive of the Eastern Regional Health Authority with a request that he examine the matter and reply directly to the Deputy.
128 Mr. F. McGrath asked the Tánaiste and Minister for Health and Children the reason a person (details supplied) in Dublin 3 was treated in such a manner and to give the family the maximum support and assistance. [32921/04]
As the Deputy will be aware, the provision of health services in the north Dublin area is, in the first instance, the responsibility of the Northern Area Health Board acting under the aegis of the Eastern Regional Health Authority. My Department has, therefore, asked the chief executive of the authority to investigate the matter raised by the Deputy and reply direct to him as a matter of urgency.
129 Mr. McGuinness asked the Tánaiste and Minister for Health and Children if she will provide orthodontic treatment in the case of a person (details supplied) in County Carlow, who has been examined and is deemed an urgent case; if they will be considered under the treatment purchase fund or be allowed to go private and have the cost covered by the SEHB; and if she will comment on this and take immediate action. [32954/04]
Responsibility for the provision of orthodontic services to eligible persons in County Carlow rests with the South Eastern Health Board. My Department has asked the chief executive officer to investigate the matter raised by the Deputy and to reply to him directly.
130 Mr. McGuinness asked the Tánaiste and Minister for Health and Children if the SEHB will review the level of support being given in the case of a person (details supplied) in County Carlow who cares for their 97 year old parent with a view to granting them twilight and night nursing as outlined in its document, A Guide to Services for the Older Person; if she will expedite a decision in the case; and if she will make a statement on the matter. [32955/04]
As the Deputy will be aware, the provision of health services in Carlow is, in the first instance, the responsibility of the South Eastern Health Board. My Department has, therefore, asked the chief executive of the board to investigate the matter raised by the Deputy and reply direct to him as a matter of urgency.
131 Mr. McGuinness asked the Tánaiste and Minister for Health and Children if she will approve plans submitted to her Department for an outpatients facility at St. Luke’s Hospital, Kilkenny; the status of the application within her Department; when a decision is likely; and if she will make a statement on the matter. [32956/04]
135 Mr. McGuinness asked the Tánaiste and Minister for Health and Children if she will approve the design team as approved two years ago for the development of St. Luke’s Hospital, Kilkenny; and if she will make a statement on the matter. [32960/04]
I propose to take Questions Nos. 131 and 135 together.
My Department has received a brief from the South Eastern Health Board for a proposed capital development at St. Luke's Hospital, Kilkenny. The brief, including the appointment of a design team for the proposed development, is being considered by my Department in the context of determining new capital projects to be progressed nationally under the capital investment framework 2005-09, in line with overall funding resources available. The health capital programme is being reviewed by my Department in light of the out-turn position overall at the end of this year and in the context of the establishment of the Health Service Executive.
My Department is aware that the South Eastern Health Board is separately considering improvement works for the outpatient facility at the hospital. When my Department receives a formal submission from the board in this regard, it will be in a position to fully assess the proposal and make a decision in the matter.
132 Mr. McGuinness asked the Tánaiste and Minister for Health and Children when approval of a tender for the purchase of a comprehensive hospital information system for St. Luke’s Hospital, Kilkenny, will be granted; the date her Department received the tender; the time frame involved in reaching a decision; and if she will make a statement on the matter. [32957/04]
The tendering project for the procurement of a hospital information system to be implemented on a national basis was run by the South Eastern Health Board, SEHB. The SEHB selected a preferred tenderer and a proposal was submitted to my Department for approval in November 2003. Given the magnitude of the investment proposed, my Department referred the proposal to the interim Health Service Executive, HSE, before finalising this matter. The interim HSE has advised that it expects to be in a position to give full consideration to the matter in early 2005 when the Health Service Executive is formally established.
The national hospital information system will facilitate significant improvements in patient-centric services and patient safety, and is key to modernisation of our hospital systems. It is envisaged that the South Eastern Health Board, including St. Luke's Hospital, will have a high priority when the system's implementation gets underway.
133 Mr. McGuinness asked the Tánaiste and Minister for Health and Children the reason a settlement reached between a person (details supplied) in County Kilkenny and the SEHB has not been honoured in full by the SEHB; if her Department will investigate the matter and resolve all outstanding issues; the cost of legal fees to date relative to the case; if it represents good value for money for the taxpayer to allow the case be brought before the courts again having already agreed a settlement; and if she will make a statement on the matter. [32958/04]
Responsibility for the matters raised by the Deputy rests in the first instance with the South Eastern Health Board. My Department has therefore asked the chief executive officer to investigate these matters and reply to the Deputy directly.
134 Mr. McGuinness asked the Tánaiste and Minister for Health and Children if an application for a medical card in the name of a person (details supplied) in County Kilkenny will be expedited in view of their medical condition and the report submitted by the person’s general practitioner. [32959/04]
Responsibility for the provision of a medical card is, by legislation, a matter for the chief executive officer of the relevant health board or authority. My Department has, therefore, asked the chief executive officer of the South Eastern Health Board to investigate the matter raised by the Deputy and reply to him directly.
136 Aengus Ó Snodaigh asked the Tánaiste and Minister for Health and Children the reason the details of a person (details supplied) in Dublin 20 have not been removed from the birth certificate of a person (details supplied) in the General Register Office despite that office having admitted in a letter to the parent that a fraud had been committed in including his name as father; and when such steps will be taken. [32961/04]
137 Aengus Ó Snodaigh asked the Tánaiste and Minister for Health and Children the steps that have been taken to correct the register of births in cases where a fraud relating to the parents’ names on birth certificates has been reported or detected; the mechanisms available to the victims of such a fraud to correct the register; if the General Register Office has informed the Passport Office and other relevant authorities of each reported fraud to prevent its perpetuation; and if she will make a statement on the matter. [32962/04]
138 Aengus Ó Snodaigh asked the Tánaiste and Minister for Health and Children if her attention has been drawn to a number of frauds perpetrated against unsuspecting single mothers who gave birth in some of Dublin’s maternity hospitals, involving individuals adding a name to the child’s birth certificate as the father, unbeknownst to the mother, getting a copy of the certificate and using it to purchase passports for other children; the number of such cases reported to her Department and to the General Register Office; the number of such cases investigated; the number of prosecutions in such cases; and to make a statement on the measures introduced to prevent such fraud. [32963/04]
I propose to take Question Nos. 136 to 138, inclusive, together.
The administration of the registration system for births, stillbirths, deaths and marriages, is statutorily a matter for an tArd-Chláraitheoir, Registrar-General, of births, deaths and marriages and for the superintendent registrars and registrars who operate under his general direction.
Section 30 of the Births and Deaths Registration Act (Ireland) 1880 provides that it is an offence to wilfully give false information to a registrar for the purpose of registering a birth. Where such an issue arises, the matter is referred to the Garda Síochána for investigation. The particular entry in the register of births referred to by the Deputy was referred to the appropriate authorities. There were three other cases of a similar nature at that particular time. The procedures for the registration of births was reviewed following these incidents and currently incorporate a requirement that proof of identity be produced to the registrar by an informant, the person who gives the information and who will sign the entry in the register, in order to ensure the proper registration of births and prevent any irregularity or false registration.
The Deputy will appreciate that the decision whether to prosecute a particular case through the courts is a not a matter for an tArd-Chláraitheoir. An tArd-Chláraitheoir has advised that his office is in correspondence with solicitors representing the mother of the child to whom the entry refers and has indicated the procedure through which the matter may be resolved. This procedure, which entails an application to the courts to determine the parentage of the child, will also address the alleged irregularity in the current registration of the birth. I understand that the necessary documentation has not as yet been received by an tArd-Chláraitheoir.
139 Mr. J. O’Keeffe asked the Tánaiste and Minister for Health and Children the steps she will take to deal with the delays of three years or more in the waiting list for assessment for those who want to adopt children; her views on the fact that this an entirely unacceptable situation and needs to be changed as a matter of urgency; and if she will outline her proposals in this regard. [32964/04]
Applications for intercountry adoption are processed by health boards under the Adoption Acts 1952 to 1998. The length of time it takes to complete the necessary assessment and the allocation of resources within the health board is a matter for the management of each individual health board. However, I have asked the Adoption Board to identify practical measures to tackle the waiting lists for intercountry assessments and they are examining this currently.
140 Mr. O’Shea asked the Minister for Finance the proposals he has to include in the Finance Bill provision to abolish the payment of income tax and social welfare deductions on maintenance payments where such payments are the only income of a separated spouse (details supplied); and if he will make a statement on the matter. [32822/04]
142 Mr. F. McGrath asked the Minister for Finance his proposals to rectify the situation regarding income tax on maintenance payments to separated women; and if he will make a statement on the matter. [32854/04]
I propose to take Questions Nos. 140 and 142 together.
There are no proposals to alter current arrangements regarding the taxation of maintenance payments, which have been in place since June 1983. The general position in the case of legally enforceable maintenance agreements is that: the spouse who pays the maintenance is entitled to a tax deduction for payments made for the benefit of the other spouse; the maintenance payments are taxed in the hands of the receiving spouse; and the couple are treated for tax purposes as if unmarried.
However, a separated couple may, except where a civil annulment has been obtained, jointly elect to be treated for tax purposes as if the separation had not taken place provided they are both resident in the State and, if divorced, neither has remarried. When such an election is made, the maintenance payments are ignored for tax purposes — the payer does not receive a tax deduction for them and the receiving spouse is not taxable on them. Where the receiving spouse has income other than the maintenance, separate assessment will apply in respect of that income. The Revenue Commissioners' information leaflet IT2 — Taxation of Married Couples — which is available on its website at www.revenue.ie sets out how separate assessment works.
In the case of non-legally binding maintenance payments, such payments are not taxable in the hands of the receiving spouse and the paying spouse cannot claim a tax deduction for them. However, the paying spouse would be entitled to the married person's tax credit if he or she is wholly or mainly maintaining the other spouse.
In the arrangements which apply, there is an underlying principle in place that income in the form of the maintenance payments should be subject to taxation. If the general position relating to legally enforceable separation agreements were to be altered so that the payer rather than the recipient were to be subject to tax on the amount of the maintenance, such a move would benefit recipients but the position of those who are required to make such payments would disimprove.
The question of pay related social insurance deductions from maintenance payments or the reckoning of income in the form of maintenance payments for social welfare means test purposes would be a matter for my colleague, the Minister for Social and Family Affairs.
141 Mr. Gormley asked the Minister for Finance if his attention has been drawn to the fact that a mobile phone mast is being erected on the roof of the OPW buildings in Rathmines close to a school; if he shares concerns of local residents that this poses a serious health threat to the neighbourhood and particularly to school children; if he will therefore reconsider locating the mast in this area; and if he will make a statement on the matter. [32853/04]
In August 2003, the Commissioners of Public Works appointed telecommunications consultants, Vilicom Limited, to assess the suitability of the State property portfolio for use in the mobile telecommunications sector.
Since then, a standard agreement which sets out the terms and conditions under which operators will be allowed to install equipment on State owned properties has been finalised. Any mobile phone operator that is granted such a licence will be required to strictly comply with all relevant Health and Safety Acts and will operate within current standards and EU regulations and adhere to the guidelines on exposure limits to emissions issued by the International Commission on Non-Ionizing Radiation Protection.
In addition, Vilicom Limited will carry out checks on an ongoing basis to ensure that this compliance is continuous. Licensees will also be required to fully comply with normal planning regulations. It is within this strict framework that the installation of telecommunications equipment on the State building on Ardee Road, Rathmines, has been approved.
143 Mr. Rabbitte asked the Minister for Finance his response to the issues contained in the submission for budget 2004 from the Blind Car Owners and Users Association; and if he will make a statement on the matter. [32855/04]
I assume the Deputy is referring to the request by the Blind Car Owners and Users Association to extend the medical criteria for eligibility for the disabled drivers and disabled passengers — tax concessions — scheme to those who are blind.
The disabled drivers and disabled passengers — tax concessions — scheme is open to people with disabilities who meet the specified criteria and have obtained a primary medical certificate to that effect. The senior area medical officer attached to the relevant local health board is responsible for both the medical assessment and the issue of the medical certificate.
The medical criteria for the purposes of the tax concessions under this scheme are set out in the disabled drivers and disabled passengers — tax concessions — regulations 1994. Six different types of disablement are listed under the regulations and a qualifying person must satisfy one or more of them. The six types of disablement are as follows: persons who are wholly or almost wholly without the use of both legs; persons who are wholly without the use of one leg and almost wholly without the use of the other leg such that the applicant is severely restricted as to movement of the lower limbs; persons without both hands or without both arms; persons without one or both legs; persons wholly or almost wholly without the use of both hands or arms and wholly or almost wholly without the use of one leg; and persons having the medical condition of dwarfism and who have serious difficulties of movement of the lower limbs.
An individual who qualifies under the medical criteria as set out above is issued with a primary medical certificate. Possession of a primary medical certificate qualifies the holder for remission or repayment of vehicle registration tax, VRT, a repayment of value added tax, VAT, on the purchase of the vehicle and a repayment of VAT on the cost of adaptation of the vehicle. Repayment of the excise duty on fuel used in the motor vehicle and exemption from annual road tax to local authorities are also allowed.
An interdepartmental review group was established to review the disabled drivers' and disabled passengers'— tax concessions — scheme. The group examined all aspects of the scheme, including the qualifying medical criteria. The report was published on my Department's website in early July and copies have been placed in the Oireachtas Library. As agreed by Government in June, I will consider the report on an ongoing basis in the overall budgetary context having regard to the existing and prospective cost of the scheme.
I decided in the course of preparations for budget 2005 that I would not make any changes to the scheme at this time. However, as I stated in my recent budget speech, €2.8 billion overall will be provided as part of the Estimates in 2005 specifically for people with disabilities.
144 Mr. Durkan asked the Minister for Finance if he has satisfied himself that the legislation provided by his Department is adequate to enable IFSRA carry out its work effectively; and if he will make a statement on the matter. [32856/04]
The Minister for Finance is responsible for the development of the legal framework governing financial regulation. Once the necessary legislative framework has been put in place, day to day responsibility for the supervision of financial institutions is a matter for the Irish Financial Services Regulatory Authority, IFSRA, and the Minister for Finance does not get involved in the day to day activities of the financial regulator.
I am satisfied that the legislative provisions which have been put in place provide a sound basis for financial regulation in Ireland. Moreover, I am satisfied that this code of legislation is being adequately applied and enforced by IFSRA. The Central Bank and Financial Services Authority of Ireland Acts 2003 and 2004 represent a radical restructuring of financial regulation in Ireland. The establishment of a single structure to take in work previously done by four separate bodies, the greater emphasis on consumer concerns, the enhancement of the regulator's powers, including administrative sanctions, enhanced provision for co-operation between the various authorities, the provision for establishment of a statutory financial services ombudsman scheme and of new consultative mechanisms for consumers and industry will contribute to the better regulation of the sector.
However, it is my intention to learn from the experience of the operation of IFSRA, and from various recent reports, so as to keep our legislative framework efficient and up to date. My Department has initiated a public consultation process with a view to consolidating, simplifying and updating our financial services legislation. My ongoing aim is to ensure that our legislation continues to meet the Government's consumer protection and stability objectives in a way that minimises the regulatory burden on industry and otherwise complies with our international obligations and the Government's better regulation agenda, promoting the development of a sector that is competitive both domestically and internationally and operating to high standards.
145 Mr. Durkan asked the Minister for Finance if CAT, inheritance or other taxes are payable on the inheritance of a nephew or niece who has lived in the same dwelling as the disponer for more then 20 years and where the beneficiary is an old age pensioner; and if he will make a statement on the matter. [32919/04]
Section 151 of the Finance Act 2000 introduced an exemption from capital acquisitions tax, CAT, for certain dwelling houses. The purpose of this exemption was to benefit individuals who had been living in a house for a period prior to taking the benefit, either by way of gift or inheritance.
The main conditions attaching to the exemption are that the beneficiary of the dwelling house must have resided in the house for a minimum of three years prior to the gift or inheritance and must not have had an interest in any other dwelling house. In addition, the recipient must continue, except where he or she is aged 55 years at the date of the gift or inheritance, or has died, to occupy that dwelling house as his-her only or main residence for a period of six years commencing on the date of the gift or inheritance. This exemption ensures that what may be the family home for many people will not be the subject of CAT when it is the subject of a gift or inheritance.
In the present case, it would appear that the nephew or niece has resided in the dwelling house for over three years and is over 55 years and, therefore, an inheritance of the dwelling house taken by the nephew or niece will be exempt from CAT once the nephew or niece had no interest in any other dwelling house.
146 Mr. Gilmore asked the Minister for Finance if, in the light of the successful redesign of the VAT 3 return form, he will include the option of payment by single debit authority; and if he will arrange for the redesign of the monthly P30 form for payment of income tax, social insurance contributions and levies to include an option for payment by single debit authority, thereby facilitating the making and collection of such payments. [32951/04]
I am advised by the Revenue Commissioners that it is their policy to make available a wide range of electronic payment options for the payment of tax, including fixed amount direct debit, electronic payments options through the Revenue on-line system, ROS, and single debit authority. Single debit authority allows a taxpayer/business to nominate the bank account to be debited for the single amount specified on the debit instruction attached to the tax return. The option to pay VAT by means of single debit authority has been available since early 2004 and the option was continued on to the redesigned VAT 3 that was introduced in September 2004.
It is planned to introduce single debit authority as a payment option for the payment of the P30 monthly employers PAYE/PRSI at the earliest opportunity. However, in view of the development priorities already scheduled by the Revenue Commissioners for 2005, the earliest opportunity to introduce single debit authority for P30 payments is early 2006.
147 Mr. Gormley asked the Minister for Communications, Marine and Natural Resources if it has come to his attention that many persons in television production are concerned about funding to TG4; his views on whether TG4’s funding needs to increase incrementally over the next four years from €30 million in 2005 to €44 million in 2008; and if he will make a statement on the matter. [32827/04]
Funding for TG4 is provided to RTÉ by means of an annual grant-in-aid, the level of which is determined as part of the annual Estimates process. The recently published Estimates for 2005 included a provision of €24,858,000 for TG4, an increase of €697,000 on 2004.
Public funding for TG4 is provided for the purpose of ensuring that there is a quality Irish language television service available for the people of Ireland. The public funding of TG4 has had a secondary and positive impact of stimulating growth in the independent production sector. While this is a welcome development, decisions on the future funding of TG4 will primarily be informed by the need for TG4 to fulfil its public service mandate.
148 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources the Minister or Government Department which has responsibility to Dáil Éireann for issuing directives to the regulator or other such body to monitor the quality and quantity of mobile telephone in the country; if he has seen comparisons to the effect that the market in this area is more lucrative in this country; if his attention has been drawn to the possible reasons for this; and if he will make a statement on the matter. [32833/04]
The Commission for Communications Regulation, ComReg, as the independent regulator of the sector, has the responsibility under the transposed European regulatory framework for electronic communications networks and services and the Communications (Regulation) Act 2002 to regulate the electronic communications sector, including the areas raised by the Deputy. It has statutory independence in carrying out this function.
As Minister for Communications, Marine and Natural Resources, I have responsibility for overall strategic policy and legislation in the sector. In this regard section 13 of the Communications (Regulation) Act 2002 allows me to issue policy directions to ComReg, in the interest of the proper and effective regulation of the electronic communications markets. However, actual regulatory interventions or decisions relating to operators, such as prices, are the responsibility of ComReg, the independent regulator.
ComReg in its quarterly market reviews undertakes comparative studies against the other EU member states. I am aware that post-pay mobile phone costs in Ireland remain higher than the EU average but it is also true that in August 2004 the OECD found we had the fourth lowest costs for pre-paid mobile phones. It is important in considering the price competitiveness to the end user to make a judgment across telecommunications services. Furthermore, the current high penetration rate of mobile phones indicates that Irish business and consumers have a range of products and pricing options which broadly meets their needs.
149 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources if wind generated electricity production has sufficient ease of access to the national grid, as provided for in the NDP; and if he will make a statement on the matter. [32834/04]
152 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources the number of firms willing to supply wind or alternative energy generated electricity in the country at present; the extent to which such suppliers are encouraged as envisaged in the NDP; and if he will make a statement on the matter. [32837/04]
I propose to take Questions Nos. 149 and 152 together.
My Department administers the alternative energy requirement, the underlying principle of which is that prospective generators are invited to make a formal application to build, own and operate newly installed renewable energy based electricity generating plant and to supply electricity from these to the ESB under a power purchase agreement of up to 15 years' duration. Full details of the AER programme, including those producers who took part in the process, are available on my Departments website at www.dcmnr.ie.
This support programme is currently under review and I am awaiting reports from the bioenergy strategy group, the combined heat and power strategy group and the renewable energy development group. These reports are all due shortly and will form the basis of my future policy decisions on the increased penetration of renewable energy technologies in the electricity market.
The green electricity market has been fully liberalised since February 2000, some five years ahead of full market liberalisation in 2005. I do not have full details of the producers working in this market as some of them operate outside of the programmes run by my Department. The licensing of green energy suppliers is a matter for the Commission for Energy Regulation. CER.
Sustainable Energy Ireland, SEI, is an agency established by Government in 2002, under the aegis of the Department of Communications, Marine and Natural Resources. SEI is responsible for the roll out of the energy measure of the sustainable energy priority of the economic and social infrastructure operational programme under the National Development Plan 2000-2006. SEI implements a range of programmes, which includes three programmes in the industry sector, four programmes in the built environment, four renewable energy programmes, as well as specialised statistical analysis and policy advice.
The renewable energy research and development programme provides support for renewable energy research and demonstration projects. The programme launched a new strategy in June 2004. To date the programme has approved over €5 million of projects covering biomass, biofuels, wave, wind, solar and geothermal energy. The renewable energy information office is a national service of SEI, established to promote the use of renewable energy and to provide advice and information both to the industry and to individual members of the public.
The grid upgrade programme is at present under review pending clarification of the connection process resumption by CER following the ending of the wind moratorium.
150 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources the way in which he proposes to encourage the provision of the most cost effective mobile telephone services here, in view of the necessity to meet the requirements set out in the NDP; and if he will make a statement on the matter. [32835/04]
The Commission for Communications Regulation, ComReg, as the independent regulator of the sector, has the responsibility under the transposed European regulatory framework for electronic communications networks and services and the Communications (Regulation) Act 2002 to regulate the electronic communications sector, including the areas raised by the Deputy. It has statutory independence in carrying out this function.
As Minister for Communications, Marine and Natural Resources, I have responsibility for overall strategic policy and legislation in the sector. In this regard, section 13 of the Communications (Regulation) Act 2002 allows me to issue policy directions to ComReg, in the interest of the proper and effective regulation of the electronic communications markets. However, actual regulatory interventions or decisions relating to operators, such as prices, are the responsibility of ComReg, the independent regulator.
Competition is vital to ensuring competitive telecoms services. In March 2004, my predecessor issued policy directions to ComReg, including a direction on competition. These are available on my Departments website at www.dcmnr.ie.
151 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources if adequate incentives are in place to encourage the production of adequate amounts of alternative energy generated electricity; if he has issued directives or proposes changes in this regard, keeping in mind the need to avoid cost increases brought about by delays; and if he will make a statement on the matter. [32836/04]
There is already clear Government support for alternative energy. I am currently awaiting reports from the bioenergy strategy group, the combined heat and power policy group and the renewable energy development group. The groups' reports are due very shortly and will form the basis of my future policy decisions on the increased penetration of renewable energy technologies in the electricity market.
153 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources if he has satisfied himself that his Department has adequate legislative provisions to encourage the production of various forms of alternative energy electricity with a view to supplying the national grid; if he intends making changes with particular reference to the need for the elimination of delays which have cost implications for producers; and if he will make a statement on the matter. [32838/04]
The development of our alternative and renewable energy sources as a means of electricity production is now an important part of the Government's overall energy policy. Renewable, sustainable or alternative forms of energy are defined in the Electricity Regulation Act 1999. This legislation led to the market for electricity produced from these sources to be fully liberalised since February 2000, some five years in advance of full market liberalisation. As Minister with responsibility for energy matters, my remit is to create a positive framework whereby these resources can prosper and contribute significantly to our energy needs.
I am currently awaiting reports from the bioenergy strategy group, the combined heat and power policy group and the renewable energy development group. The groups' reports are due very shortly and will form the basis of my future policy decisions on the increased penetration of renewable energy technologies in the electricity market. I have no plans at this stage to propose any further legislation on this matter.
154 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources if he has handed over the operation or issue of directives in respect of mobile telephone use to the Department of Finance in view of the fact that the use, legal and illegal, to which the service can be put are legion; if he intends unilaterally or at EU level to attempt to curtail the illegal use of the telecommunications system with particular reference to mobile telephony; and if he will make a statement on the matter. [32839/04]
As Minister for Communications, Marine and Natural Resources, I have overall responsibility for telecoms policy. Under section 13 of the Communications (Regulation) Act 2002, I am empowered to give policy directions to the Commission for Communications Regulation, ComReg, in the interests of proper and effective regulation of the communications sector. No other Government Minister has powers to give directions to ComReg.
By definition, legislation is already in place to prosecute "illegal activities", whether they are perpetrated using mobile phones or other media. The possibilities for carrying out illegal activity via any medium are infinite. Much of the criminal activity perpetrated using mobile phones is legislated for according to the offence and not the medium by which it was committed. Some such legislation actually predates the advent of mobile technology. Legislating to combat these offences does not always fall under my remit, nor in these instances are they the responsibility of ComReg.
The Deputy will be aware that my colleague, the Minister for Justice, Equality and Law Reform, is responsible for policy relating to the protection of children from the transmission of pornographic images by phones and other media. It is an offence under the section 13 of the Post Office (Amendment) Act 1951, as amended by the Postal and Telecommunications Services Act 1983, to send by phone any message or other matter which is grossly offensive or of an indecent, obscene or menacing character. It is also an offence under section 10 of the Non-Fatal Offences Against the Person Act 1997 to harass a person by use of any means, including by use of a telephone.
Anyone who has information on these matters should bring it immediately to the attention of the Garda Síochána for criminal investigation.
155 Mr. Ring asked the Minister for Communications, Marine and Natural Resources the proposals the Government has to assist in resolving the current industrial dispute within An Post; if he has met with An Post management and unions to date; if so, the outcome of those meetings; and if not, the proposals that he has to meet with management and unions to resolve this matter. [32934/04]
The full resources of the State's industrial relations machinery continue to be available to management and unions to assist in resolving industrial relations issues at An Post. I have urged both sides to make full use of that machinery and am pleased to say that some progress has been made. However, I acknowledge that many more difficult issues remain to be resolved. Agreement will only be reached by continuing with the process of negotiating a settlement acceptable to all.
I have met with the management of An Post in regard to the actions needed to secure the future of the company for the benefit of its customers, staff and the public. At that meeting, I urged management to continue to resolve issues of disagreement in a spirit of partnership. I am open to meeting with representatives of the Communications Workers' Union at an appropriate time when certain industrial relations procedures, including ballots, have been completed.
156 Aengus Ó Snodaigh asked the Minister for Foreign Affairs the steps that have been taken or will be taken to allow a person (details supplied) in Dublin 11 to apply for a passport for her child in order that she can travel on holidays with her child and the child’s father if she so wishes. [32971/04]
157 Aengus Ó Snodaigh asked the Minister for Foreign Affairs if he will confirm that, under current passport regulations, a person (details supplied) in Dublin 11 cannot apply for a passport for her child unless she receives the consent of a person (details supplied) whom the General Register Office believes committed a fraud when declaring himself the child’s father; and if anything can be done to rectify this problem. [32972/04]
158 Aengus Ó Snodaigh asked the Minister for Foreign Affairs if a passport has been issued in the name of a person (details supplied) in Dublin 11. [32973/04]
I propose to take Questions Nos. 156 to 158, inclusive, together.
My Department has no record of issuing a passport to the child in question. The consent of both parents or guardians is required for the issue of a passport to a person under 18 years of age. Where one parent or guardian is unable or unwilling to give consent, a court order is required to dispense with that parent or guardian's consent. These requirements are set out in section 7 of the notes which accompany the passport application form. They are also outlined on the passport office website, www.passport.ie.
The person who has made representations to the Deputy may get in touch with the passport office, which will be happy to advise further on passport procedures. Such inquiries may be addressed to the passport officer, Passport Office, Molesworth Street, Dublin 2; telephone, 673 3046.
Questions relating to registration of births should be addressed to my colleague, the Minister for Health and Children, who has responsibility for the General Register Office.
159 Aengus Ó Snodaigh asked the Minister for Foreign Affairs if his attention has been drawn to the demolition of the home of a person (details supplied) on 1 December 2004, in preparation for which Israeli and international members of the Israeli Committee Against House Demolitions were dragged from the house by the Israeli security forces; and if he will raise this matter with the Israeli authorities. [32952/04]
I have asked the embassy in Tel Aviv and our representative office in Ramallah to make inquiries into this particular case. On the general issue of the demolition of Palestinian homes, I emphasise that the Government has, on many occasions, expressed its concerns to the Israeli authorities about such demolitions. EU Ministers have likewise called on the Israeli authorities to cease such demolition and the Quartet emphasised last May that Israel should refrain from demolition of Palestinian homes and property, whether as a punitive measure or to facilitate Israeli construction.
160 Aengus Ó Snodaigh asked the Minister for Foreign Affairs the position taken on the EU embargo on weapons sales to China; the conditions under which he would be prepared to support the lifting of the embargo; if his attention has been drawn to the position of the European Coalition Against the Lifting of the EU’s Embargo on Weapons Sales to China on this matter; the human rights concerns raised by the Irish delegation at the EU-China summit; and if he has made representations to the Chinese authorities with respect to the death sentence imposed on Tenzin Delek Rinpoche, which could be carried out at any time between now and 23 January 2005. [32953/04]
An embargo exists on trade in arms and related materials between EU member states and China and has been in place since the events in Tiananmen Square, in June 1989. This embargo forbids trade in arms and related material of all types, such as weapons, ammunition, military vehicles and equipment.
I am aware of the position of the European Coalition against the Lifting of the EU's Embargo on Weapons Sales to China, which, in a statement issued on 3 December 2004, called on the EU to retain its embargo on the sale of arms to China. The Government will continue to examine this issue with our EU partners, considering our overall relationship with China, our ongoing commitment to human rights and the broader regional and international context. The Government's approach has been conveyed to the Chinese authorities, most recently during talks with Vice-Premier Huang Ju on 16 November 2004, and also by the Taoiseach during his discussions with Premier Wen when they met in the margins of the ASEM summit, in Hanoi, on 9 October 2004.
The issue was again discussed by the GAERC on 22 November 2004, in the context of preparation of the EU-China summit, which took place at The Hague on 8 December 2004. Ministers agreed at the GAERC that the EU was ready to give a positive signal to China on lifting the embargo. However, they agreed that before lifting the embargo, work must be completed on strengthening the EU code of conduct on arms exports, which sets out criteria governing all arms exports from the EU. In addition, the Union would hope for further demonstration by the Chinese authorities of their good intentions in regard to human rights.
The issue of the arms embargo against China was discussed at the EU-China summit. The EU side confirmed its political will to continue to work towards lifting the embargo. The Chinese side welcomed this positive signal and considered it beneficial to the sound development of the comprehensive strategic partnership between China and the EU. The EU reaffirmed that work on strengthening the application of the European Union code of conduct on arms exports was continuing.
As has been consistently stated, Ireland and our EU partners take concerns about human rights in China very seriously. These matters are regularly, and on an ongoing basis, raised with the Chinese Government. In line with EU convention in these matters, individual member states were represented by the Presidency at the EU-China summit, where human rights issues were raised with the Chinese. The leaders underlined the importance of concrete steps in the field of human rights and reaffirmed their commitment to further enhance co-operation and exchanges in this field on the basis of equality and mutual respect.
Human rights concerns are also raised at a bilateral level. Most recently, the Tánaiste, Deputy Harney, and I held official talks with the Chinese Vice-Premier, Mr Huang Ju, in Dublin Castle, on 16 November 2004, during which we again raised our concerns about human rights. The Chinese Vice-Premier, in response, informed us of the measures his government is taking in the field of human rights, including the addition of an express provision on human rights to China's constitution earlier this year.
The Taoiseach also raised the issue of human rights with the Chinese Premier, Wen Jiabao, during his visit to Ireland in May 2004. During his discussions, he outlined Ireland's strong commitment to the protection of human rights and fundamental freedoms. Both sides agreed on the importance of co-operation and dialogue in working together to bring about respect for international obligations. In his capacity as President of the EU Council, my predecessor also raised human rights concerns during the EU Foreign Ministers Troika meeting with China on 19 April 2004.
During the Irish Presidency, and in conjunction with our EU partners, we organised the first EU-China seminar on the ratification of the International Covenant on Civil and Political Rights, ICCPR, which took place in Beijing, on 30 June and 1 July 2004. The purpose of the seminar was to provide technical assistance to China in preparation for its ratification of the ICCPR. A subsequent EU-China seminar on the ratification of the ICCPR took place in The Hague on 8 and 9 November 2004.
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 and more general issues, such as the protection of freedom of religion and expression. The most recent round of the EU-China human rights dialogue took place in Beijing on 24 September 2004. The specific case of Tenzin Delek Rinpoche was raised during the dialogue. The Chinese authorities replied that his appeal against the death sentence, suspended for two years, originally handed down in his case, was rejected on 23 January 2003. Under Article 52 of the criminal law, if a person sentenced to death with suspension of execution does not intentionally commit a crime in that period, his sentence may be reduced to a term of imprisonment of between 15 and 25 years. The period of suspension will end on 23 January 2005.
At the request of Ireland and a number of other EU partners, this case was raised again on 25 November during a démarche carried out in Beijing by the local EU Troika. This démarche, while expressing the EU’s continuing concerns about the trial and conviction of Tenzin Delek Rinpoche, urged China not to carry out the sentence of death during the remainder of the two year period and to commute his sentence to one of imprisonment. The Troika emphasised that execution of the death penalty would negatively affect EU relations with China. In response to concerns expressed by the EU Troika about the lack of legal representation by Tenzin Delek Rinpoche at his trial, the Chinese side informed the Troika that he did have legal representation during his trial and conveyed the names of his two lawyers.
Ireland, together with our EU partners, will continue to keep these matters under review and encourage the Chinese authorities to respect fully human rights.
161 Mr. Durkan asked the Minister for Arts, Sport and Tourism the Government Department or Minister likely to have provided funds from the Vote for his Department, directly or through the Arts Council or other agencies, to musical or other festivals; and if he will make a statement on the matter. [32828/04]
In 2004 no financial support has been provided by my Department to music or other festivals.
Funding provided by the Arts Council to such festivals is a matter for the Arts Council and one in which I have no responsibility. My Department's role is confined to the overall funding of the Arts Council, which decides how funds made available by my Department are disbursed.
Fáilte Ireland, as part of its remit, engages in the allocation of funding to such events through its festivals and cultural events initiative. For further details on the festivals and cultural events initiative the Deputy should contact Fáilte Ireland directly.
162 Mr. Wall asked the Minister for Enterprise, Trade and Employment the position of a person (details supplied) in County Kildare as to their entitlements under employment laws and regulations in obtaining a position as a FÁS employee in view of the fact that they received only a one year term; and if he will make a statement on the matter. [32890/04]
I understand that the person concerned has completed one year on a community employment project but my Department has been unable to ascertain whether a formal contract of employment existed between the individual and the sponsor organisation.
I understand that when a person is placed by FÁS on a community employment scheme, the sponsoring body is regarded as the employer. In that case, the person concerned would be regarded as an employee and protected by all employment rights legislation with the exception of the Redundancy Payments Acts, which requires two years continuous service for qualification. Also, this person would not be protected under the Protection of Employees (Fixed-Term Work) Act 2003 which does not include employees with a contract of employment concluded within the framework of a publicly supported training, integration or vocational retraining programme.
The allocation of community employment places to projects and the eligibility of individual participants for extensions on this programme is an operational matter for FÁS.
163 Mr. Ring asked the Minister for Social and Family Affairs the reason the family income supplement payment to a person (details supplied) in County Mayo will be stopped, considering that although she is on sick leave she is still employed by the Civil Service and intends to return to work. [32896/04]
An application for family income supplement, FIS, was received by my Department from the person concerned on 22 April 2004. She was awarded FIS at a weekly rate of €45 for a 52 week period from 22 April 2004 to 20 April 2005.
A claim for disability benefit was made by the person concerned on 30 September 2004 and, as of 7 December, this claim was still in payment. Under regulations governing FIS, a person who is incapacitated may only receive disability benefit and FIS simultaneously for a maximum period of six weeks. In line with these regulations, this person's FIS was discontinued with effect from 2 December 2004. Her FIS payment will be immediately reinstated when the disability benefit claim ceases and she returns to work.
Under social welfare legislation, decisions regarding 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.
164 Mr. F. McGrath asked the Minister for Social and Family Affairs if he will ensure that a person (details supplied) in Dublin 3 gets the maximum support and assistance with their query on rent supplement and that the matter is handled in a private and sensitive manner. [32928/04]
The supplementary welfare allowance scheme, which is administered on my behalf by the health boards, provides for the payment of a weekly or monthly supplement in respect of rent to eligible people who are unable to provide for their housing costs from their own resources and who do not have accommodation available to them from any other source.
The Northern Area Health Board has advised that the person concerned made inquiries regarding rent supplement at his local health centre. He was given the appropriate application forms and advised that he should apply to his local authority in the first instance to be assessed in respect of his housing needs. On receipt of the completed forms, and on the basis of the housing needs assessment, the board will determine his entitlement to rent supplement and notify him of the outcome.
Community welfare officers are trained to deal with applicants in a sensitive and fair manner and to treat as confidential all information received in the course of their investigations.
165 Ms O. Mitchell asked the Minister for Transport the amount of each of the 20 highest personal injury claims as a result of motor accidents which were cited by the insurance industry and resulted in his recent amendment to the Road Traffic Bill 2004 seeking to limit insurer liability. [32473/04]
166 Ms O. Mitchell asked the Minister for Transport if he will publish the submissions by the insurance industry and all relevant documentation in respect of the proposed removal of unlimited liability motor insurance. [32474/04]
I propose to take Questions Nos. 165 and 166 together.
The purpose of the recent amendment which I introduced to the Road Traffic Bill 2004 is not to limit claims against motor insurance companies but to protect the interests of motorists.
Under the Road Traffic Act 1961, users of mechanically propelled vehicles must be insured without limit against liability for personal injury to third parties in a public place. The insurance industry has informed me of its concerns about not being in a position to provide unlimited cover for motorists as its own reinsurers are indicating unwillingness to continue the necessary unlimited cover for the companies themselves.
I recognise the value of insurance cover for unlimited liability for personal injury. However, I have to ensure that adequate levels of cover continue to be available in the event of substantive reinsurance difficulties. For that reason it is prudent to provide for a legal framework to deal with the situation where insurance companies could no longer provide unlimited cover.
I am aware of concerns about introducing a limit on the amount of cover required and I share those concerns. The amendment proposed in the Road Traffic Bill 2004 now includes a provision requiring that regulations to specify an upper limit on the amount of motor insurance cover required by law would be subject to the approval of both Houses of the Oireachtas before they could take effect.
Information regarding personal injury claims against individual motor insurers is not compiled in my Department.
I am arranging to have copies of the submissions from the insurance industry and all the relevant documentation in the matter sent to the Deputy, subject to any necessary safeguards on personal information and legal privilege.
167 Mr. McHugh asked the Minister for Transport his views on the reopening of the western rail corridor; if he will consider the provision of a commuter rail link from Tuam to Galway as phase one of the overall western rail corridor project; and if he will make a statement on the matter. [32899/04]
Earlier this year, an expert working group, under the chairmanship of Mr. Pat McCann, chief executive, Jurys Doyle Hotel Group, was appointed to carry out a full examination of the proposal to re-open the western rail corridor, including the Tuam to Galway link. The group is comprised of county managers, directors of the regional authorities, representatives of city and county development boards, the Western Development Commission, West-on-Track, the intercounty rail committee, Iarnród Éireann, the Railway Procurement Agency and my Department.
The working group is examining all aspects of the western rail corridor proposal and has held a number of meetings to date. I anticipate that the chairman of the group will be in a position to report to me on his findings early next year.
168 Mr. Wall asked the Minister for Community, Rural and Gaeltacht Affairs if funding has been sought or is being requested from his Department for repairs to a barge (details supplied); and if he will make a statement on the matter. [32885/04]
The matter raised by the Deputy is the responsibility of Waterways Ireland — one of the six North-South Implementation Bodies established under the British-Irish Agreement Act 1999. The body has responsibility for the management, maintenance and development of inland waterways, principally for recreational purposes.
I understand from Waterways Ireland that, following representations from a local community council, Waterways Ireland agreed to examine the barge in question and report on the necessary repairs and certification required to make the vessel serviceable again. This report is due to be available shortly, following which the matter will be considered further.
169 Mr. F. McGrath asked the Minister for Community, Rural and Gaeltacht Affairs if he will give an update on funding over the years to a youth centre (details supplied) and to give them the maximum support in 2005. [32843/04]
Capital funding of just over €3.16 million was allocated for the development of a youth centre for the Donnycarney area under the first round of the young people's facilities and services fund.
A further sum of €237,000 was allocated to the centre under the fund's second round of allocations which I announced in March last. This included an amount of €60,000 towards the fit-out costs of the centre and a further €177,000 per annum which was allocated towards its staffing and ongoing running costs.
170 D’fhiafraigh Aengus Ó Snodaigh den Aire Gnóthaí Pobail, Tuaithe agus Gaeltachta an eol don Aire go bhfuil dhá phost caillte de bharr chinneadh Fhoras na Gaeilge gan déileáil le hiarratas an nuachtáin laethúil Lá agus go bhfuil INTERREG ag diúltú airgead atá ag dul dó a íoc; go bhfuil ciorruithe eile déanta in oibríocht an nuachtáin; agus go bhfuil an nuachtán i mbaol a dhúnta de bharr an chinnidh seo. [32878/04]
171 D’fhiafraigh Aengus Ó Snodaigh den Aire Gnóthaí Pobail, Tuaithe agus Gaeltachta cén fáth ar ghlac Foras na Gaeilge an cinneadh iarratas an nuachtáin laethúil Lá a chur i leataobh. [32879/04]
172 D’fhiafraigh Aengus Ó Snodaigh den Aire Gnóthaí Pobail, Tuaithe agus Gaeltachta cé na céimeanna atá an tAire a ghlacadh lena chinntiú nach ndruidfidh an nuachtán laethúil Lá a dhoirse de bharr easpa maoinithe. [32880/04]
173 D’fhiafraigh Aengus Ó Snodaigh den Aire Gnóthaí Pobail, Tuaithe agus Gaeltachta an bhfuil an tAire ar an eolas faoi na cinntí polaitiúla atá déanta ag INTERREG agus ag Foras na Gaeilge i dtaca le hiarratais ar dheontais ón nuachtán laethúil Lá. [32881/04]
174 D’fhiafraigh Aengus Ó Snodaigh den Aire Gnóthaí Pobail, Tuaithe agus Gaeltachta an eol don Aire go bhfuil feachtas ar bun ag dílseoiríáirithe (sonraí tugtha) chun gearradh siar a dhéanamh ar mhaoiniú do thograí Gaeilge. [32882/04]
175 D’fhiafraigh Aengus Ó Snodaigh den Aire Gnóthaí Pobail, Tuaithe agus Gaeltachta an bhfuil an cinneadh ag INTERREG agus ag Foras na Gaeilge i dtaobh iarratas ar dheontais ón nuachtán laethúil Lá a chur i leataobh le déanaí ag teacht salach ar Chomhaontú Aoine an Chéasta agus ag rith uaidh. [32883/04]
176 D’fhiafraigh Aengus Ó Snodaigh den Aire Gnóthaí Pobail, Tuaithe agus Gaeltachta cé na céimeanna atá glactha ag oifigigh Roinn na Gaeltachta chun teacht i gcabhair ar an nuachtán laethúil Lá agus a mhaoiniú faoi ionsaíó dhilseoiriíáirithe (sonraí tugtha). [32884/04]
Tá sé i gceist agamCeisteanna Uimh. 170 go 176, go huile, a fhreagairt le chéile.
Tuigfidh an Teachta gur cheist d'Fhoras na Gaeilge féin cinntí a dhéanamh maidir le soláthar deontas, i gcomhréir leis an réimse reachtúil ina bhfeidhmíonn sé agus na pleananna oibre agus corparáide atá aige.
Faoi mar is eol don Teachta, tá Foras na Gaeilge ag cur maoiniú ar fáil do Phreas an Phobail le haghaidh an nuachtáin Lá. Tuigtear dom gur ionann an maoiniú sin agus 47% de chostais táirgíochta an nuachtáin agus go bhfuil sé geallta do thréimhse a chríochnaíonn ar 31 Nollaig 2004. Faoi láthair, tá measúnú neamhspleách á dhéanamh ag Foras na Gaeilge ar an togra agus, bunaithe ar thorthaí an mheasúnaithe seo, déanfaidh bord an fhorais cinneadh maidir le maoiniú don nuachtán sa todhchaí.
Tuigtear dom freisin gur dhiúltaigh an foras d'iarratas breise ó Lá faoi na scéimeanna pobail Gaeilge a fógraíodh i mí Mheán Fómhair 2004. D’aontaigh coiste sealbhaithe agus úsáide an fhorais nach raibh an scéim sin oiriúnach le haghaidh maoiniú nuachtáin agus nach bhféadfaí glacadh leis an iarratas de bharr. Cuireadh an cinneadh sin in iúl do bhainistíocht Lá.
Maidir le INTERREG, tá curtha in iúl do mo Roinnse ag an Roinn Airgeadais go bhfuil iarratas faighte faoin scéim sin agus go bhfuil measúnúá dhéanamh air faoi láthair. Níl aon chinneadh déanta maidir leis an iarratas sin go fóill.
177 Mr. M. Higgins asked the Minister for Agriculture and Food if her attention and the attention of appropriate officials responsible within her Department have been brought to the non-compliance on the part of the Government with European directives on the conservation of protected species in the Owenriff river; the action her Department proposes to take as to the source of this problem and its implications for Lough Corrib; if the forestry division of her Department has examined such recent research as is relevant regarding the contribution of forestry to the ecological crisis facing some species in the river; if she proposes to meet those concerned from the communities and interests affected; and if she will make a statement on the matter. [32831/04]
The primary responsibility for EU environmental directives lies with the Department of the Environment, Heritage and Local Government. I am not aware of any non-compliance on the part of the Government with EU directives in respect of the Owenriff river. The freshwater pearl mussel population in the Owenriff catchment suffered losses in the early part of the summer of this year. The precise cause of these losses has not been established. The losses were associated with algal growth at a time when water levels in the river were particularly low, following a prolonged dry spell, and preceded forestry felling operations by Coillte in the area.
To determine best practice in forest management in the Owenriff catchment and to gather views and expert opinion to support a practical decision making process, a working group comprising representatives of the forest service, national parks and wildlife service, the Western Regional Fisheries Board and Coillte was established and met for the first time in August. The group has examined relevant research on the ecological status of the Owenriff and similar river catchments, and the interaction with forest cover and forest operations. The group was assisted in this work by experts from a number of Government agencies and third level bodies, including the EPA, the Central Fisheries Board, the national parks and wildlife service, UCD and COFORD. Officials from Galway County Council and the Scottish Argyll Fisheries Trust also participated. The working group is using this scientifically based approach to help formulate an appropriate forestry management response for the Owenriff.
On the wider question of the Corrib, a delegation from the Carra, Mask and Corrib Water Protection Group met on 24 November the Ministers responsible, including myself and the Minister for the Environment, Heritage and Local Government. The group expressed its views as to the algal problem in Lough Corrib. In my opinion, it is not possible at this stage to link the Owenriff incident with the wider problems on Lough Corrib. However, following our meeting, arrangements were put in place for officials from the Department of the Environment, Heritage and Local Government, my Department and Coillte to meet the local group to discuss its concerns and proposals in more detail. I understand that a date of 17 January has now been agreed for this meeting.
178 Mr. Timmins asked the Minister for Agriculture and Food the position with regard to a person (details supplied) in County Carlow; if she can make voluntary contributions to this scheme so as to allow her to qualify for a pension; and if she will make a statement on the matter. [32829/04]
The late husband of the person named opted for voluntary early retirement at the time of the abolition of the Dublin district milk board in 1994. He was given the opportunity of joining the spouses' and children's pension scheme but elected not to do so. Regrettably, the person named does not therefore have an entitlement to a spouse's pension. In this context, the question of making voluntary contributions does not arise.
179 Mr. Ring asked the Minister for Agriculture and Food the reason a person (details supplied) in County Mayo did not receive suckler cow premium or extensification payment on a particular animal. [32830/04]
The person named applied for premium on two animals under the 2004 suckler cow premium scheme. At an inspection of her herd on 22 July 2004, it was found that one animal born in March 2004 and bearing tag number 272234850025 was not registered on the Department's cattle movement monitoring system, CMMS. Even though this animal was not part of the suckler cow application, EU rules mean that its non-compliance with identification and registration requirements will result in a penalty being applied to all bovine schemes for which applications have been submitted. This penalty will be calculated in accordance with paragraphs 42 and 43 of the terms and conditions of the scheme and will apply at balancing payment stage.
The herd owner was informed of this on 4 November 2004 and advised that she could have the decision reviewed by contacting her district livestock office. She has not sought a review to date. In the meantime, the application is being processed for the 60% advance instalment in respect of the two animals and this payment will issue shortly. Balancing payments will start in March or April 2005.
The person named has submitted an application under the 2004 extensification premium scheme. Payments under this scheme are due to commence in June 2005. The application will be considered in due course and any extensification premium payment due will also be subjected to an identification and registration penalty in the same proportion as is applied to the 2004 suckler cow premium payment.
180 Mr. Murphy asked the Minister for Agriculture and Food if she will report on exact entitlements for a person (details supplied) in County Cork under force majeure. [32903/04]
The person named, having been notified that the circumstances outlined by him did not satisfy the criteria for force majeure or exceptional circumstances under Article 40 of Council Regulation 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 appeals committee made a recommendation and a letter issued to the person named on 11 October 2004. The committee found that the original decision taken by my Department should be upheld and that the exclusion of 2001 in the calculation of single payment entitlements could not be allowed on the grounds of force majeure. A statement of provisional entitlements reflecting this position issued to the person named on 18 November 2004.
181 Mr. McGuinness asked the Minister for Agriculture and Food the reason payments under the early retirement scheme have been stopped in the case of a person (details supplied) in County Kilkenny; if they are entitled to any other benefits in view of the fact that their spouse died in July 2004 and the payments under the early retirement scheme stopped in the same month; and if she will make a statement on the matter. [32933/04]
As the wife of the person named, who was the participant in the early retirement scheme, died on 5 July 2004, payment of the pension then stopped. Subsequently, a request was received from the person named for continued payment of the pension to him as a dependent relative. This application was examined but it was then discovered that issues had arisen regarding the farming transferee's compliance with the terms and conditions of the scheme. On 26 November 2004, my Department received further information about the transferee's situation. This is being examined and a decision on the continued payment of the pension to the person named will be taken within the next week. The person named will be notified immediately of the decision.
182 Dr. Upton asked the Minister for Justice, Equality and Law Reform if he will review the deportation order and asylum application on behalf of a person (details supplied). [32870/04]
The person concerned, who claims to be an Angolan national, entered the State on 22 August 2001 and applied for asylum. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner on 20 June 2002 and on appeal by the Refugee Appeals Tribunal on 27 September 2002.
In accordance with section 3 of the Immigration Act 1999, as amended, the person concerned was informed on 21 November 2002 that it was proposed to make a deportation order in respect of him and he was given the following options: to make written representations within 15 working days to the Minister for Justice, Equality and Law Reform setting out reasons as to why he should not be deported; to voluntarily leave the State or to consent to deportation. An application for leave to remain in the State was received from his legal representatives on 16 December 2002.
Following consideration of the case under section 3 of the Immigration Act 1999, as amended, and section 5 of the Refugee Act 1996, prohibition of refoulement, including all representations received on his behalf, a deportation order was signed on 28 June 2004 in respect of the person concerned requiring him to leave the State. An interlocutory injunction has been obtained in the High Court today preventing the deportation of the person concerned from the State before 17 January 2005. As the matter is now sub judice, I cannot comment further on the case.
183 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform, further to Parliamentary Question No. 219 of 30 September 2004, if it is the case as stated in the reply to Question No. 75 of 17 June 2004 that family reunification visas are granted to the spouses of work permit holders on the condition that the spouse does not work; if so, the reason he has adopted this policy; and his views on whether this policy is unfair and should be reversed. [32871/04]
As stated in my response to Parliamentary Question No. 177 on 6 May 2004, it is open to the spouse of a work permit holder to seek an employer who will apply for a work permit in respect of him/her. In the event of the approval of the work permit application the spouse may then be registered on work permit conditions. The Minister for Enterprise, Trade and Employment, if he receives a valid application from an eligible employer, is prepared to consider such an application in accordance with the normal criteria.
184 Cecilia Keaveney asked the Minister for Justice, Equality and Law Reform the position of a land registry application for a person (details supplied) in County Donegal; and if he will make a statement on the matter. [32872/04]
I am informed by the Registrar of Titles that this is an application for cancellation of judgment mortgage which was lodged on 5 November 2004. Dealing Number D2004WS013394R refers. I am further informed that this application is associated with an application for charge and release which was lodged on 11 November 2004. Dealing Number D2004WS013517H refers.
These applications are receiving attention in the Land Registry and will be completed as soon as possible.
185 Mr. Ardagh asked the Minister for Justice, Equality and Law Reform the status of funding applications submitted to the EOCP process for projects (details supplied). [32873/04]
Applications for capital grant assistance under the Equal Opportunities Childcare Programme, EOCP, 2000 — 2006 were submitted by the groups in question to my Department some time ago.
The EOCP is a seven year development programme which aims to increase the availability and quality of child care to support parents in employment, education and training. The progress of the programme was commented upon very favourably by the mid-term evaluators of both the regional operational programmes and the National Development Plan 2000- 2006 and, following the mid-term review, additional funding of approximately €12 million was made available for the child care measures. This brings the total funding available for the programme to €449.3 million. This now includes an increased provision for capital developments for which €157 million has been set aside.
Since 2000, my Department, with the technical assistance of ADM Limited, has processed and I have approved 1,271 applications for capital grant assistance of over €118 million and 1,015 applications for staffing grant assistance totalling €104 million. Almost €44 million has been allocated for projects under the quality measure. Much of the remaining current funding is required for ongoing supports to groups providing child care services to disadvantaged families to enable them to participate in employment, education and training opportunities.
The provision of an additional capital allocation totalling €90 million over five years for the development of child care facilities was made in the context of the recent budget. As a result, I will make an announcement in connection with the allocation of the first tranche of that funding very shortly, following which my Department will write to all applicants for capital grant assistance. In the interim, it would be premature of me to comment further on these capital grant applications.
186 Mr. Penrose asked the Minister for Justice, Equality and Law Reform if he has received an application for residence in the State from a person and their family (details supplied) together with their background history, indicating the way in which this person has made major contributions to their local community and has secured employment in a professional capacity; if he will approve the application; and if he will make a statement on the matter. [32874/04]
The person concerned, along with his wife, arrived in the State on 13 November 2001 and made an application for asylum. On 28 January 2002 his wife gave birth. They withdrew their asylum applications and applied for permission to remain in the State on the basis of their parentage of an Irish born child.
Following the decision of the Supreme Court in the cases of L & O, the separate procedure which then existed to enable persons to apply to reside in the State on the sole basis of parentage of an Irish born child ended on 19 February 2003. The Government decided that the separate procedure would not apply to cases which were outstanding on that date. There are a large number of such cases outstanding at present, including the case to which the Deputy refers.
Since the persons in question do not have an alternative legal basis for remaining in this jurisdiction the issue of permission to remain will be considered but only in the context of a ministerial proposal to deport them. Letters indicating my proposal to deport were issued to the persons concerned on 25 August 2004.
If, in the light of representations received and the range of factors set out in section 3(6) of the Immigration Act 1999, I decide not to make a deportation order they will be given leave to remain on a humanitarian basis. Due to the large number of such cases on hand I am unable to say at this stage when the file will be examined.
187 Mr. Gilmore asked the Minister for Justice, Equality and Law Reform the reason a replacement national identity card, which was applied for by a person (details supplied) in County Dublin in early September 2004, has not yet been made available; the reason for this inordinate delay, some 13 weeks; and if he will make a statement on the matter. [32900/04]
The Intoxicating Liquor Act 1988 (Age Card) Regulations 1999 provide for a voluntary, national age card scheme. Age cards can be obtained by persons who have attained 18 years of age in order to confirm that they have attained the legal age for the purchase of intoxicating liquor. The 1999 regulations set out detailed provisions relating to the application and authentication procedure as well as procedures for the preparation and issue of age cards.
At present, applicants receive their age card within eight to 12 weeks of producing the correct documentation at their local Garda station. This procedure is also the case for those making an application for a replacement card. No record exists at present in the age card office or at Dalkey Garda station of an application made for a replacement age card by the person referred to by the Deputy.
188 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the funding he will make available in 2005 to the National Domestic Violence Intervention Agency; and his views on whether it will be sufficient to cover its estimated operating costs for 2005 of €220,000. [32901/04]
My Department has provided funding for the operation of a domestic violence intervention project over the last two years, on a pilot basis, in the Dún Laoghaire/Bray court areas. The project arose from research, which was funded by my Department, into the development of an intervention model and is based on similar projects operating successfully in other jurisdictions.
The operation of the pilot project has recently been evaluated, along with a number of other programmes for perpetrators of domestic violence. Further funding for the project will be considered in the light of this evaluation report and other matters currently under discussion with the National Domestic Violence Intervention Agency.
189 Mr. Durkan asked the Minister for Justice, Equality and Law Reform if a person (details supplied) in County Kildare will be given leave to remain in this jurisdiction for an extended period, having particular regard to the family’s health; and if he will make a statement on the matter. [32922/04]
It is not the practice to comment in detail on individual asylum applications.
Applications for refugee status in the State are determined by an independent process comprising the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal which make recommendations to the Minister for Justice, Equality and Law Reform on whether such status should be granted. A final decision on this application will be made upon receipt of the decision of the Refugee Appeals Tribunal.
190 Mr. Durkan asked the Minister for Justice, Equality and Law Reform the status of an application for residency, asylum or extended stay in this country of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [32923/04]
The person concerned arrived in the State on 18 December 2000 and applied for asylum on the same day. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal.
Subsequently, in accordance with section 3 of the Immigration Act 1999, as amended, he was informed by letter dated 26 November 2002, that the Minister proposed to make a deportation order in respect of him. He was given the options, to be exercised within 15 working days, of making representations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State, leaving the State before an order is made or consenting to the making of a deportation order.
This person's case file, including all representations submitted, will be considered under section 3(6) of the Immigration Act 1999, as amended, and section 5 of the Refugee Act 1996, prohibition of refoulement. I expect the file to be passed to me for decision in due course.
191 Mr. F. McGrath asked the Minister for Justice, Equality and Law Reform if the appeal of a case (details supplied) will be re-examined and to give the maximum support and assistance. [32924/04]
I refer the Deputy to my response to his earlier Question No. 194 of 1 December 2004 on the matter.
There is no record of an appeal against the refusal of a visa having been received to date. I can confirm, however, that the application will be considered afresh following receipt of an appeal.
192 Mr. McGuinness asked the Minister for Justice, Equality and Law Reform when a decision will be made in the case of a person (details supplied) in County Kilkenny in view of the fact that it was lodged one year ago; and if he will make a statement on the matter. [32965/04]
The person concerned arrived in the State on 11 September 2002 and applied for asylum the next day. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal. Subsequently, in accordance with section 3 of the Immigration Act 1999, as amended, he was informed by letter dated 30 October 2003 that the Minister proposed to make a deportation order against him. He was given the options, to be exercised within 15 working days, of leaving the State before the order is made, consenting to the making of a deportation order or making representations to the Minister outlining the reasons why he should be granted leave to remain temporarily in the State.
This person's case file, including all representations submitted, will be considered in due course under section 3(6) of the Immigration Act 1999, as amended, and section 5 of the Refugee Act 1996, as amended, prohibition of refoulement.
193 Mr. Naughten asked the Minister for Justice, Equality and Law Reform the status of a residency application (details supplied); the reason for the delay in processing the application; and if he will make a statement on the matter. [32966/04]
An application for permission to remain in the State based on marriage to an Irish national was received from the person concerned in December 2003. Applications of this type are dealt with in strict chronological order and currently take approximately 16 months to process.
194 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if there has been an investigation into a number of frauds perpetrated against unsuspecting single mothers who gave birth in some of Dublin’s maternity hospitals, involving individuals adding a name to the child’s birth certificate as the father, unbeknownst to the mother, getting a copy of the certificate and using it to purchase passports for other children; the number of such cases reported in total; the number of such cases investigated; the numbers of prosecutions in such cases; and if he will make a statement on the measures introduced to prevent such fraud. [32968/04]
195 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the fraud detected in details appearing on the birth certificate of a person (details supplied) when their parents went to the General Register Office, Lombard Street, Dublin, on 3 October 1998 to collect the birth certificate and to add a person’s name onto the certificate as it had been inadvertently left out when the form was being filled in the Rotunda Hospital, Dublin. [32969/04]
196 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the reason, despite the General Register Office stating to a person (details supplied) in Dublin 11 that a fraud was committed by a person (details supplied) and that another person was never charged. [32970/04]
197 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the fraud perpetrated against a person (details supplied) and against the child’s father by a person (details supplied); if any criminal proceedings were ever initiated against the person in Dublin 10 in this regard; and if not, the reason therefore. [32974/04]
I propose to take Questions Nos. 194 to 197, inclusive, together.
Within the time available, it has not been possible to compile the information requested by the Deputy. The information requested is being compiled at present and I will forward it to the Deputy at the earliest opportunity.
198 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if he will publish a White Paper on penal reform. [32975/04]
While I have no plans to publish a White Paper on penal reform at this time, a number of significant changes to the Irish penal system are in the process of being introduced.
The Deputy is no doubt aware of the position regarding my proposals for the application of more efficient staffing arrangements in the Prison Service and the elimination of overtime. Discussions are ongoing between the Irish Prison Service and the Prison Officers' Association about eliminating overtime and reducing other costs. These discussions are close to being concluded. The Irish Prison Service is hopeful that an agreement will be finalised in the next month or so and that staff will ballot for acceptance.
New rules for the government of prisons will be introduced in the very new future. These rules, which will set out in considerable detail the full range of rights, duties and obligations for prisoners, prison staff and management, are expected to be finalised by the start of the new year. European standards for prisons have been taken into account in the drafting of the new rules. The rules will come into force, as a statutory instrument, as soon as possible after the text has been finalised. Preparation of a drugs policy for the Irish Prison Service is at an advanced stage and is expected to be published early next year. The intention is that the new policy will facilitate consistent regulation and operational structure in pursuing both supply and demand reduction.
The Criminal Justice (Temporary Release of Prisoners) Act 2003 and associated rules were commenced by me with effect from 12 November 2004. The Act provides a clearer legislative basis for the power to grant temporary release by setting down the principles which will apply to the exercise of this power. The Act amends section 2 of the Criminal Justice Act 1960 and provides a clear and transparent basis, as well as the necessary safeguards required, for the operation of the system of temporary release.
As Minister, within the resources available to me, I have strengthened the probation and welfare service, especially in the area of youth justice, in order to work to reduce the need to send young offenders into custodial settings.
The Children Act 2001 introduces a wide range of innovative measures that will provide a statutory framework for the future development of the juvenile justice system in accordance with modern thinking and best international practice. It is the underlying concept of the Children Act to expand the options a court will have at its disposal when deciding on how to deal with a young offender. These options are an essential feature of the Act as they will allow effect to be given to the principle that detention for young offenders will be a last resort. Thus, the Act envisages committals to custody of young offenders being availed of only in situations when other alternative diversions and community based options have been resorted to and have failed. The Act is being implemented on a phased basis.
The first commencement order under the Act was signed by the then Minister for Justice, Equality and Law Reform on 23 April 2002. The order, which came into force on 1 May 2002, provided for, inter alia, the payment of compensation by parents in respect of offences committed by their children, section 113 of the Act; a court order which would require parents to exercise proper and adequate control over their children, section 114 of the Act. On 29 July 2004, sections 78-87 of the Children Act 2001 were commenced. These sections provide for the court directed family conference which is convened by the probation and welfare service. It is expected that the first of the new community sanctions will come on stream in 2005, subject to the availability of resources.
Under the Criminal Justice (Community Service) Act 1983, a court may make a community service order as an alternative to a sentence of imprisonment or detention in respect of any individual over the age of 16 years who has been convicted of a criminal offence and who consents to the order being made. The order requires an offender to perform unpaid work for between 40 and 240 hours, usually to be completed within 12 months. The aim of a community service order is to rehabilitate the offender through the discipline of having to work in the community and the making of meaningful reparation to that community for his or her crime. The courts already have and do exercise wide discretion in using community service orders in dealing with people over 16 years of age who offend. It is used in practice for all age categories of offenders.
My Department also funds two restorative justice projects through the probation and welfare service, the victim-offender service in Tallaght and the Nenagh reparation project. Both projects work closely with the community and have community representation on their management committees.
Within the prison custodial system, there is a wide range of services in place aimed at providing offenders with the means to avoid re-offending following their return to the community. The services provided include work skills, training and education and are matched, where possible, to individual aptitudes and abilities, sometimes unrecognised or untapped prior to imprisonment. In addition, a range of medical, psychological and other support services are available to assist those suffering from particular problems such as drug addiction.
As part of its commitment to re-balancing the custodial and care/rehabilitation functions in prisons, the Irish Prison Service has established a regimes directorate, composed of a multidisciplinary team of staff. The formation of this directorate is facilitating the adoption of a multifaceted approach to helping prisoners to develop their sense of responsibility and encouraging those attitudes and skills which will assist them to return to society with the best chance of leading law abiding and self supporting lives after release. These services are also important in sustaining prisoners' physical and mental health, counteracting the detrimental effects of imprisonment, encouraging positive personal development from within and preparing for their integration into wider society as law abiding citizens on release from custody.
Implementing positive sentence management is a key task for the Irish Prison Service. A scoping group to examine positive sentence management was established by the Irish Prison Service in 2003 and it will present its report to the interim board of the Irish Prison Service early in the new year.
Elaboration of positive sentence management will involve a new orientation in the delivery of services to prisoners and a new emphasis on prisoners taking greater personal responsibility for their own development through active engagement with both specialist and non-specialist services in the prisons. The end result should be a prisoner-centred, multidisciplinary approach to working with prisoners with provision for initial assessment, goal setting and periodic review to measure progress.
I recently announced that the capital building allocation to my Department for next year will facilitate the implementation of the prisons building and refurbishment programme to improve facilities for prisoners, including the elimination of the practice of slopping out, the reduction of overcrowding and the use of padded cells and facilitate a more cost effective operation of the Prison Service. The introduction of video conferencing facilities in Cloverhill Prison for certain court proceedings as well as for other purposes, such as legal consultations for prisoners, is also being pursued by the Prison Service.
Specifically, this allocation will enable the Irish Prison Service to commence work on the following capital projects next year: the construction of a new 150 capacity prisoner accommodation block at Portlaoise Prison. This block will also include new education, work training and other ancillary facilities. The building of new facilities at Limerick Prison will provide for education, medical and other ancillary services. The Irish Prison Service is also examining the provision of additional prisoner accommodation at Wheatfield Prison.
I hope to be in a position to make a separate announcement in the near future regarding the development of the new Mountjoy complex.
199 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if he will publish a White Paper on immigration law reform. [32976/04]
I have pointed out on a number of occasions recently that I propose to produce a discussion paper on immigration legislation. This is in preparation for the proposed immigration and residency Bill which I intend to publish next year. I will publish the discussion document early in the new year.
200 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the present status of the institutions of detention at Spike Island, Loughan House, Shelton Abbey and the Curragh. [32977/04]
The Curragh and Fort Mitchel places of detention have been mothballed since 20 January 2004 and 10 February 2004, respectively, while Loughan House and Shelton Abbey continue to operate as open centres within the Irish Prison Service.
The Deputy is aware of the Government's decision of 11 November 2003 to approve a series of measures in the event of a failure to reach agreement with the Prison Officers Association on a change agenda. One measure was to mothball the Curragh and Fort Mitchel places of detention and another was to develop the open centres at Loughan House and Shelton Abbey as post-release centres for the reintegration into society of prisoners on conditional temporary release. The latter measure was not proceeded with for operational reasons.
The status of all four institutions is under continuing review in the context of the ongoing discussions between the Irish Prison Service and the Prison Officers Association. The discussions are close to being concluded. I hope an agreement will be finalised shortly and that staff will ballot for acceptance.
201 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the programmes in place for the treatment of sex offenders; the number of sex offenders serving prison sentences; the number of sex offender treatment places available, and in which institutions; if all available sex offender treatment places are currently filled; if there is a waiting list; if so, the number on the waiting list and current waiting time for treatment; the number of sex offenders in the State who have completed the treatment course since its introduction and the present status of these individuals; the post-release programmes offered to such offenders who have completed a course of treatment; the results of any studies of the effectiveness of the treatment programmes available to sex offenders in this State; and his plans for the further development of such programmes. [32978/04]
Some 283 prisoners were serving sentences for sexual offences on 8 December last. Three forms of direct therapeutic intervention for sex offenders are in operation in the prison system: individual counselling from the Prison Service's psychology unit and the probation and welfare service, the sex offender programme which has been in operation since 1994 and one-to-one interventions by visiting psychiatrists who provide support to prisoners.
Every effort is made to assist sex offenders in custody who are willing to participate at any level in personal rehabilitation and relapse prevention. Some 106 sex offenders have completed the sex offender programme to date and a further eight men are undertaking the programme in Arbour Hill Prison. The total number of places available on the programme is eight. The vast majority of such offenders have been released on the expiration of their sentences. With the exception of five men who are serving life sentences, the rest are due for release over the next three years. No waiting list is in operation for those who are willing to participate in the programme. All sex offenders are invited to apply for a place on the programme when a new group being set up.
The probation and welfare service organises a Dublin based programme, in partnership with the Granada Institute. Offenders coming out of prison may be referred to the programme, regardless of whether they have participated in a sex offender programme. The programme involves community sex offender group treatment for men who have offended against children. There are eight places in each programme and two programmes are run per annum.
International research has found that treatment programmes, such as the cognitive behavioural, offence focused programme operating in the prison system, can contribute to community safety because those who complete such programmes are less likely to re-offend than those who do not participate in them. The most recent meta-analysis of 43 treatment outcome studies, Hanson et. al. 2002, found a significant treatment effect and a reduced recidivism rate of 9.9% for offenders who participated, compared to 17.4% for those who did not.
An independent evaluation of the Prison Service programme was recently completed by UCD's psychology department — O'Reilly and Carr, 2004. The study found that the sex offender programme complies with the highest international standards of programme delivery and that the programme has achieved significant positive changes in the psychological risk factors in men who have successfully completed it. The study's findings will contribute to the future development of a multi-disciplinary sex offender rehabilitation programme, which will significantly enhance access to intensive group therapy for sex offenders.
202 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the number of Justice and Home Affairs Council meetings he has attended since assuming office in 2002; and the number of times he has appeared before the Joint Committee on Justice, Equality, Defence and Women’s Rights to discuss the agenda of such meetings in advance with the members of the committee. [32979/04]
I have attended 18 of the 19 meetings of the Justice and Home Affairs Council which have taken place since I took up office. I have appeared before the Joint Committee on Justice, Equality, Defence and Women's Rights on four occasions in advance of such Council meetings, at the committee's invitation. I have provided a post-Council briefing on two occasions.
I was not available to provide a pre-Council briefing on one occasion when the committee had asked me to do so. The former Minister of State at the Department of Foreign Affairs, Deputy Roche, appeared on my behalf on that occasion. I was not available to provide a post-Council briefing on one occasion when the committee had asked me to do so. The former Minister of State at the Department of Justice, Equality and Law Reform, Deputy O'Dea, appeared on my behalf on that occasion.
203 Dr. Cowley asked the Minister for Education and Science if her attention has been drawn to a situation where two persons (details supplied) in County Mayo are kept at home from school due to the inability to continue to pay for taxis; and if she will make a statement on the matter. [32817/04]
Children must live at least two miles from and be attending their nearest national school if they are to be eligible for school transport under the terms of the primary school transport scheme. The children in question are not eligible for transport to the school referred to by the Deputy as it is not the nearest school to their place of residence.
204 Cecilia Keaveney asked the Minister for Education and Science the position regarding a special needs assistant application for a person (details supplied) in County Donegal; and if she will make a statement on the matter. [32818/04]
A decision on the application in question will be conveyed to the school authorities in the coming days.
205 Cecilia Keaveney asked the Minister for Education and Science the position regarding an appeal for a person (details supplied) in County Donegal; and if she will make a statement on the matter. [32819/04]
206 Cecilia Keaveney asked the Minister for Education and Science the position regarding an appeal for persons attending a school (details supplied) in County Donegal; and if she will make a statement on the matter. [32820/04]
I propose to take Questions Nos. 205 and 206 together.
The home tuition scheme is intended to provide compensatory instruction for pupils who have a medical ailment that is likely to cause major disruption to their attendance at school. The Department of Education and Science provides home tuition grants to pupils who cannot attend school or are absent for a significant proportion of the school year.
My officials have informed me that home tuition of ten hours per week was sanctioned for the children in question until the end of the 2003-04 school year. I understand that the pupils in question are enrolled in a special class catering for pupils with autism, in which each pupil has the support of a special needs assistant. The parents in question have been informed that the matter of the home tuition grant does not arise.
207 Ms Enright asked the Minister for Education and Science if any evaluation has been undertaken of the number of schools that are accessible and inaccessible to persons with disabilities; the findings of any such evaluation; and if she will make a statement on the matter. [32844/04]
The Department of Education and Science has not conducted an evaluation of the type referred to by the Deputy. All new schools building projects have the appropriate access facilities required in compliance with building regulations. The scope of works to older school buildings, to which the Deputy refers, is appropriate for consideration under the summer works scheme.
Under the 2004 scheme, necessary access enabling projects in applicant schools were completed at a cost of over €2.2 million. I intend that the position will be the same under the 2005 scheme. I have almost doubled the funding available for the summer works scheme this year to €60 million to ensure that the broadest possible range and number of projects will be funded.
208 Mr. Gormley asked the Minister for Education and Science if her attention has been drawn to the cut in resource teaching time of a person (details supplied) in Dublin 4 who transferred from a school on 30 August 2004 and whose resource teaching time allocation was reduced due to the transfer; and if she will make a statement on the matter. [32845/04]
The school to which the pupil transferred has submitted an application for resource teaching support of three and a half hours per week. The Deputy is aware that the Department of Education and Science is proposing a new system for the allocation of resource teaching supports to pupils with special educational needs.
The new system will involve a general teaching allocation for all primary schools to cater for pupils with higher incidence of special educational needs or those children with borderline mild and mild general learning disability, specific learning disability and learning support needs. It will also allow for individual allocations in respect of pupils with lower incidence special educational needs.
The pupil's special educational needs are in the high incidence category. It is expected that the needs can be met from the current resource learning support teaching allocation available to the school. The school has the services of a shared learning support teacher and a shared resource teacher.
209 Mr. F. McGrath asked the Minister for Education and Science if she will urgently assist a school (details supplied) in Dublin 5 in the school building programme and to give this school the maximum support and assistance. [32846/04]
The school's application for capital grant aid for new accommodation is being considered as part of a review of all projects which did not proceed to construction as part of the 2004 schools 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.
210 Mr. Wall asked the Minister for Education and Science the reason a person (details supplied) in County Kildare has not been awarded a grant for their educational career; and if she will make a statement on the matter. [32847/04]
The decision on eligibility for third level or further education grants is a matter for the relevant local authority or VEC. These bodies do not refer individual applications to my Department except in exceptional cases where, for example, advice or instruction regarding a particular clause in the relevant scheme is desired. It appears that no such advice or instruction has been sought to date in the case of the student referred to by the Deputy.
If an individual applicant considers that he or she has been unjustly refused a maintenance grant or that the rate of grant awarded is incorrect, he or she may appeal to the relevant local authority or VEC. Where an individual applicant has had an appeal turned down, in writing, by the relevant local authority or VEC and remains of the view that the body has not interpreted the schemes correctly in his or her case, a letter outlining the position may be sent to my Department. Alternatively, as already indicated, the local authority or VEC may, in exceptional circumstances, seek clarification on issues from my Department.
211 Ms McManus asked the Minister for Education and Science if she will ensure that the application by a school (details supplied) in County Wicklow for a new school building is sanctioned as soon as possible; and if she will make a statement on the matter. [32848/04]
The school referred to by the Deputy is listed as a refurbishment-extension project for proceeding to tender and construction as part of the 2004 schools building programme. Following discussions and correspondence with the Department, the board of management has advised the Department that it will purchase a site for a new school provided the project is changed to a new school.
The Department has agreed to facilitate the exploration of this request provided it can be achieved within the existing budget set for the project. The Department has made it clear to the board of management that the onus is on it to explore the new school option within an indicative timescale set by the Department. It is envisaged that interaction with the Department will be kept to a minimum.
However, in the event of it not proving possible to progress the new school option for site acquisition and budgetary reasons, for example, the project will revert to a refurbishment or extension of the existing school. The board of management has accepted this and is currently working on the acquisition of a site. It has been authorised to engage a design team to commence design work on the school when this process is complete.
212 Mr. Wall asked the Minister for Education and Science the reason a person (details supplied) in County Kildare has not received an education grant to pursue their courses; and if she will make a statement on the matter. [32849/04]
The decision on eligibility for third level grants is a matter for the relevant local authority or VEC. These bodies do not refer individual applications to my Department except in exceptional cases where, for example, advice or instruction regarding a particular clause in the relevant scheme is desired. It appears that no such advice or instruction has been sought to date in the case of the student referred to by the Deputy. If an individual applicant considers that he or she has been unjustly refused a maintenance grant or that the rate of grant awarded is not the correct one, he or she may appeal to the relevant local authority or VEC.
Where an individual applicant has had an appeal turned down, in writing, by the relevant local authority or VEC and remains of the view that the body has not interpreted the schemes correctly in his or her case, a letter outlining the position may be sent to my Department. Alternatively, as already indicated, the local authority or VEC may, in exceptional circumstances, seek clarification on issues from my Department.
213 Mr. McHugh asked the Minister for Education and Science the procedures pursued by her Department to investigate a complaint from a parent that a teacher is not teaching the standard curriculum for national schools in an appropriate manner; and if she will make a statement on the matter. [32886/04]
214 Mr. McHugh asked the Minister for Education and Science the disciplinary sanctions available to her in the event of a teacher being found to not teach the standard curriculum for national schools in an appropriate manner; and if she will make a statement on the matter. [32887/04]
215 Mr. McHugh asked the Minister for Education and Science the remedy available to parents in the event of their being of the view that a teacher is not teaching the standard curriculum for national schools in an appropriate manner; and if she will make a statement on the matter. [32888/04]
I propose to take Questions Nos. 213 to 215, inclusive, together.
Under section 9 of the Education Act 1998, a recognised school is required to ensure that the education provided therein meets the requirements of educational policy as determined from time to time by the Minister, including requirements as to the provision of the curriculum. A school must also ensure that the educational needs of all students, including those with a disability or other special educational needs, are identified and provided for.
My Department supports the principle that complaints regarding schools should be resolved at school level whenever possible and will only become involved in the investigation after every effort has been made to resolve the matter locally.
Parents who have concerns regarding the implementation of the curriculum should refer their concerns, in the first instance, to the board of management of the school. If a complaint concerning the implementation of the curriculum is received by my Department, it is referred to the board of management of the school in question. The board is requested to provide its comments and observations on the complaint, including any steps it has taken to deal with it at school level.
Following the receipt of the board's response, advice is sought from my Department's inspectorate. An investigation by the inspectorate may then take place. This will include the inspectorate monitoring the quality of teaching and learning in the school. Rules 161 and 162 of the rules for national schools delineate processes whereby the inspection of individual teachers may be undertaken and sanctions imposed.
216 Mr. Ring asked the Minister for Education and Science the reason the SNA hours for a person (details supplied) in County Mayo are being reduced; if help will be restored again as the family say that they need this. [32889/04]
It has been my intention for some time to carry out a general review of SNA support levels and deployment in mainstream national schools. Bearing in mind the view expressed by schools that any such review should have regard to the actual circumstances on the ground, I have decided the process should involve a visit to each school with SNA support. The review has commenced and will involve approximately 2,000 primary schools with existing SNA supports.
Decisions regarding the appropriate level of SNA support in the school concerned will be based on the outcome of this review. Arrangements for the commencement of this review are being made and my officials will contact the school to clarify its allocation of SNA support pending the outcome.
217 Mr. Aylward asked the Minister for Education and Science, further to Question No. 543 of 19 October 2004, if her attention has been drawn to the length of time this application for a review is with her Department; and if so, the length of time in which a decision can be expected. [32904/04]
A decision on the application in question will be conveyed to the school authorities in the coming days.
218 Mr. Aylward asked the Minister for Education and Science if her attention has been drawn to the fact that the average class size in a national school (details supplied) in Kilkenny is 28 children per class, which is not in line with the recommended pupil-teacher ratio; if she will take the steps, as necessary, to lower the class size in this particular school; and if she will make a statement on the matter. [32905/04]
The staffing of a primary school for a particular school year is determined by reference to the enrolment in the school on 30 September of the previous school year. This is in accordance with guidelines agreed between my Department and the education partners. The staffing schedule is structured to ensure that all primary schools will operate to an average mainstream class size of 29 pupils. I have requested my Department's inspectorate to monitor the deployment of staff and class sizes and, where necessary, to discuss with school authorities the basis on which school policy decisions in this regard have been made, and to report to my Department, where appropriate.
The mainstream staffing of the school to which the Deputy refers for this school year is a principal and seven mainstream class teachers based on the enrolment of 196 pupils on 30 September 2003. The school also has a resource post and a shared learning support post. This school is included in the rural dimension of Giving Children an Even Break. The school benefits from supplementary funding to provide additional educational supports for the children concerned.
According to data submitted to my Department by the board of management the enrolment on 30 September 2004 was 197 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.
219 Mr. McGuinness asked the Minister for Education and Science the status of an application from a school (details supplied) in County Kilkenny for funding for extra classrooms; if a decision will be made in this case; and if she will make a statement on the matter. [32939/04]
The application from the school to which the Deputy refers is being considered as part of a review of all projects which did not proceed to construction as part of the 2004 school building programme. Under this review, all projects are being assessed against the published prioritisation criteria which were revised earlier this year following consultation with the education partners. Each project will be assigned a band rating and the progress of all projects will be considered in the context of the school building programme from 2005 onwards, details of which will be announced over the coming months.
220 Mr. McGuinness asked the Minister for Education and Science if she will examine the case being made by a school (details supplied) in County Kilkenny for improved funding under the stay in school retention initiative in view of the scope of the scheme it operates and the fact that north Kilkenny is the highest unemployment black spot in Kilkenny; the reasons the school was approved only 50% of the full grant in 2003; and if she will make a statement on the matter. [32940/04]
My Department is finalising a review of educational disadvantage schemes with a view to building on what has been achieved to date, adopting a more systematic, targeted and integrated approach and strengthening the capacity of the system to meet the educational needs of disadvantaged children and young people. The future position on this scheme will be clarified in the context of this review.
221 Mr. McGuinness asked the Minister for Education and Science if she will fund the conversion of a classroom at a school (details supplied) in County Kilkenny for use as a computer room to assist in the delivery of two post-leaving certificates courses in computer studies and child care; if the cap on post-leaving certificate places in schools will be lifted in view of the fact that this school has 50 post-leaving certificate students and receives credit for only 23 of these; and if she will make a statement on the matter. [32941/04]
The application from the school to which the Deputy refers is being considered as part of a review of all projects which did not proceed to construction as part of the 2004 school building programme. Under this review, all projects are being assessed against the published prioritisation criteria which were revised earlier this year following consultation with the education partners. Each project will be assigned a band rating and the progress of all projects will be considered in the context of the school building programme from 2005 onwards, details of which will be announced over the coming months.
My Department has approved Kilkenny Vocational Education Committee for 390 places for post-leaving certificate courses. The decision to appoint the number of post-leaving certificate places for each individual school is a matter for the vocational education committee.
222 Mr. McGuinness asked the Minister for Education and Science her views on recent media reports which claim that some students attending Kilkenny city vocational school are being paid €50 per week to turn up in school; if she will investigate the claim; and if she will make a statement on the matter. [32942/04]
I am aware of the reports to which the Deputy refers. I understand that County Kilkenny Vocational Education Committee is conducting an investigation into the matter. My Department has asked the chief executive officer of the vocational education committee to provide a full report as a matter of urgency.
223 Mr. McGuinness asked the Minister for Education and Science the number of incidents being investigated by the gardaí at the Kilkenny city vocational school; if her Department officials visited the school recently regarding these and other matters; the action her Department will take arising from the reports; and if she will make a statement on the matter. [32943/04]
The gardaí are investigating an incident at the school in question. Consequently, I cannot comment pending the completion of their investigations or any action that may arise as a result. My Department's inspectorate recently visited the school to which the Deputy refers as part of a programme of planned whole school evaluation. However, the alleged incidents were not raised before or during the conduct of the evaluation and will not, therefore, form part of the inspectorate's report.
The evaluation covered all aspects of the management and planning within the school, including an evaluation of the teaching and learning in four subjects by inspectors who were on site over a period of seven to eight days. My Department's inspectorate has provided verbal feedback on its findings to the chief executive officer, principal and deputy principal, boards of management and staff. The written report is being finalised and should issue to the chief executive officer, principal and boards of management shortly.
224 Cecilia Keaveney asked the Minister for Education and Science the position regarding an application for a school (details supplied) in County Donegal; and if she will make a statement on the matter. [32944/04]
An application for temporary accommodation has been received from the school authority to which the Deputy refers. All applications for temporary accommodation for the 2005-06 school year are being assessed in the school planning section of my Department. These will be considered by reference to the published criteria for the new streamlined temporary accommodation application process announced last September. I intend to publish a list of the successful applicants early in the new year.
225 Mr. Naughten asked the Minister for Education and Science when a response will be issued to a correspondence (details supplied); the reason for the delay in responding to same; and if she will make a statement on the matter. [32945/04]
The pupil to whom the Deputy refers lives 0.3 miles from the route of service to the school which she is attending. As a rule primary school transport routes are planned by Bus Éireann so that, as far as possible, no eligible child will have more than 1.5 miles to travel to a pick up point. Pupils living off the main route of a service are generally expected to make their own way or be brought to convenient pick-up points along the main route. Home pick-ups were never envisaged as being part of the school transport scheme. Parents of eligible children may pay to have a bus route extended. My Department has already informed the family to whom the Deputy refers of the position.
226 Mr. Perry asked the Minister for Education and Science, further to Parliamentary Question No. 122 of 13 October 2004, when the special needs assistant will be put in place for a person (details supplied) in view of the fact that they have already missed over 40 hours of tuition; the reason for the delay; the reason that the school principal has never received any acknowledgement of the submission; and if she will make a statement on the matter. [32983/04]
My Department has sanctioned a full-time special needs assistant to cater for the care needs of the pupil concerned and the school authorities have been advised accordingly.
227 Mr. Stanton asked the Minister for Defence the procedure involved in changing or amending Defence Force regulations; and if he will make a statement on the matter. [32935/04]
Necessary amendments to these regulations are made from time to time by the Minister for Defence, following consultation with the military authorities and, where appropriate, the representative associations.
228 Mr. Stanton asked the Minister for Defence the DFR governing serving personnel who have been diagnosed as diabetics; if he will direct that such personnel be assessed by appropriate consultants to ascertain their level of fitness in order to continue serving in the forces; and if he will make a statement on the matter. [32936/04]
229 Mr. Stanton asked the Minister for Defence the weight given to a consultant’s opinion that a serving member of the Defence Force is fit to continue serving as a member of the Defence Forces even though Defence Force medical personnel recommend otherwise; and if he will make a statement on the matter. [32937/04]
I propose to take Questions Nos. 228 and 229 together.
The issues raised by the Deputy with regard to serving personnel who have been diagnosed as diabetics are being examined by the military authorities. I will write to the Deputy on that matter as soon as possible. I am not aware of the case referred to by the Deputy regarding a consultant's opinion. If he wishes to write to me on the matter, I will have it examined.
230 Cecilia Keaveney asked the Minister for Defence the position regarding correspondence received (details supplied); and if he will make a statement on the matter. [32938/04]
Service in the Reserve Defence Force second line, that is, FCA or An Slua Muirí, is given on an entirely voluntary basis. Such service is therefore fundamentally different in nature from full-time employment in the Permanent Defence Force. Permanent Defence Force service is the principal source of employment and income for members of the PDF. Members of the Permanent Defence Force, like other employees in the public sector, are generally covered for superannuation benefits, by way of occupational pension, lump sum or a combination of the two.
The concept of pensionability which applies to employment in the Permanent Defence Force would be quite inappropriate regarding the nature of the service of the Reserve Defence Force. Service in the Reserve Defence Force is not reckonable for superannuation purposes under the Defence Forces pensions schemes. In the circumstances, the payment of an end of service "gratuity" to members of the Reserve Defence Force is not possible.
231 Mr. Morgan asked the Minister for the Environment, Heritage and Local Government the percentage growth in the number of households on local authority waiting lists since 1997; and if he will make a statement on the matter. [32877/04]
Assessments of housing needs are undertaken on a triennial basis by local authorities. The last assessment was undertaken in March 2002 and earlier ones were carried out in 1999 and 1996. The next assessment of housing need will be undertaken by local authorities in March 2005.
The results of the 2002 assessment indicated that a total of 48,413 households were in need of social housing compared with 39,176 in 1999, an increase of 9,137 households or 23.5%. The results of the 1996 assessment indicated a total of 27,427 households in need of social housing. The period from 1996 to 2002 has seen an increase of 20,986, or 77%, in numbers of households on waiting lists.
The Government has been conscious of the increased level of social housing need and has responded actively to this situation by expanding social and affordable housing output. It is anticipated that total social housing output this year, taking account of new local authority housing, vacancies arising in existing houses and output under other social housing measures, will meet the needs of around 13,000 households. That compares with some 7,000 in 1993.
The Government is allocating record levels of funding to local authorities for their social and affordable housing programmes in 2005. The total Exchequer capital funding available for social and affordable housing in 2005, taking account of the additional resources announced in the budget, will be almost €1.18 billion, which represents an increase of 17% on the likely outturn in 2004. That provision will allow for 5,500 new local authority houses to be started in 2005, which compares to an average of 4,700 starts in the last three years.
232 Mr. Cuffe asked the Minister for the Environment, Heritage and Local Government his views on the level of registration by landlords with the Private Residential Tenancies Board; and the action he intends to take to ensure greater compliance. [32932/04]
Statutory responsibility for tenancy registration rests with the Private Residential Tenancies Board under the provisions of the Residential Tenancies Act 2004. My Department understands that there has been a very positive response by landlords generally to registration. The receipt and processing of applications by the board is continuing and the volume of applications already received indicates that the level of registrations is likely to be high.
While it may take some time to achieve maximum compliance, I am satisfied that landlords are increasingly becoming aware that it is in their interests to register and are generally showing willingness to comply with the registration requirement. Pursuance of non-compliant landlords and the initiation of proceedings against them, where necessary, is a matter for theboard utilising its enforcement powers under the Act.
I am confident that the board will be diligent in its efforts to secure the highest possible level of compliance with the registration requirement. I will be requesting regular progress reports on registration and my Department will maintain a general overview of the board's performance.
233 Mr. J. O’Keeffe asked the Minister for the Environment, Heritage and Local Government if he has proposals for, or is making any funding available to complete, the bypass of Bandon town; and if he will make a statement on the matter. [32821/04]
As this would be a proposed national road, any decision regarding the provision of funds would be a matter for the National Roads Authority. My Department has no function in the matter.
234 Mr. Naughten asked the Minister for the Environment, Heritage and Local Government the lands in County Roscommon which were designated as SAC, NHA or SPA in each of the past three years; the townland and year under each category; when landowners were contacted in each case; the current status of the designation; and if he will make a statement on the matter. [32850/04]
236 Mr. Naughten asked the Minister for the Environment, Heritage and Local Government the lands in County Roscommon which were designated as SAC, NHA, and SPA in each of the past three years; the townland and year under each category; when landowners were contacted in each case; the current status of the designation; and if he will make a statement on the matter. [32891/04]
I propose to take Questions Nos. 234 and 236 together.
A total of 12 nature conservation sites have been proposed for designation in County Roscommon over the past three years. The attached appendix lists the name and status of each site, the townlands covered and the respective dates of notification of the nature conservation sites in question.
Nature Conservation Sites — County Roscommon 2002-2004
(a) Natural Heritage Areas — (Raised Bog)— Date of Notification: December 2002
000220 Lough Namucka Bog NHA (SI 555 of 2003)
Foxborough, Meelickroe
000221 Moorfield Bog/Farm Cottage NHA(SI 499 of 2003)
Creggameen, Trien
000222 Suck River Callows Proposed NHA — Subject to Appeal
Aghagower, Araghty, Ardcarn, Athleague, Ballina, Ballinlig (Ed Fuerty), Ballyforan, Ballyglass, Bellagill, Bellanacarrow, Breeole West, Carrowntarriff, Cartronkilly, Castlestrange, Cloonaddron, Cloonagh, Cloonakilleg, Clooncoran, Cloondarah, Clooneen (Ed Athleague West), Cloonlaughnan, Cloonykelly, Coolatober, Cooly,Corderryhugh, Corra Beg, Correen, Correenbeg, Creeharmore, Creemully and Aghagad Beg, Creggan, Cregganycarna, Culliaghbeg, Culliaghmore, Derrycahill, Farranykelly, Feevagh, Feevagh Beg, Feevagh More, Garrynagran, Glebe (Ed Athleague West), Gorteencloogh or Corramore, Lisnatea, Mount Talbot, Muff, Porteen and Ballyrevagh West, Raghrabeg, Rooaun Bog and Meadow, Suckfield, Taghboy, Toberavaddy, Tulrush
000591 Bella Bridge Bog NHA (SI 576 of 2003)
Carrowreagh, Cornaveagh, Drishaghaun, Finisclin, Kilnamanagh, Knockglass
000603 Cornaveagh Bog NHA (SI 577 of 2003)
Cloonacarrow, Cornaveagh, Finisclin, Kingsland, Tonroe or Feenagh
000605 Derrycanan Bog NHA (SI 578 of 2003)
Ballinderry, Cashelmeehan, Cloonbony, Coolteige, Corry, Derrycanan, Fairymount, Tuam
001623 Carrickynaghtan Bog NHA (SI 602 of 2003)
Carrickynaghtan, Carrickynaghtan and Garrynagawna, Cloonown, Crannagh More, Garrynagawna, Taylorstown
001652 Tullaghan Bog (Roscommon) NHA (SI 603 of 2003)
Carrownagappul, Cloonmacmullan, Granny, Tonroe or Creen, Tullaghan
002072 Lisnanarriagh Bog NHA (SI 607 of 2003)
Cloontimullan, Coolshaghtena, Derrycarbry, Lisnanarriagh
(b) Special Area Of Conservation— Date of Notification: June 2003
1626 Annaghmore Lough (Roscommon) Candidate Special Area Of Conservation
Annaghbeg, Annaghmore, Carrownvally, Clooncunny, Cloonsreane, Corraslira, Doonard Beg, Doonard More, Drinaun, Drumman, Dunmurraghoe
(c) Natural Heritage Areas — (Blanket Bogs)— Date Of Notification: July 2004.
617 Kilronan Mountain Bog Proposed Natural Heritage Areas
Aghabehy, Carrownanalt, Crosshill, Curraghnaboley, Derreenavoggy, Greaghnageeragh, Gubbarudda, Kilronan Mountain, Rover Lower and Tullytawen.
2321 Corry Mountain Bog Proposed Natural Heritage Areas
Altagowlan, Greaghnaglogh, Seltannaveeny and Tullynahaw
(d) Special Protection Areas
Nil.
235 Mr. Cuffe asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the fact that the national climate change strategy for Ireland 2000 states on page 50 that, in the commercial sector, a mandatory energy rating system will be developed to promote greater awareness of the cost of energy as a portion of the overall costs of building rental and adjustments to the tax treatment of leases will be made if it becomes clear by 2003 that the energy rating system is not providing the necessary incentive on its own to reduce energy use in the sector; the progress that has been made towards meeting this specific target and the goals outlined elsewhere in the strategy. [32851/04]
The energy rating initiatives foreseen in chapter 6 of the national climate change strategy were overtaken by the adoption by the EU of the energy performance of buildings directive — 2002/91/EC of 16 December 2002. The directive, which must be transposed by January 2006, mandates energy performance certification of all new buildings and virtually all categories of existing buildings when they are being sold or let.
A working group comprising senior officials of my Department, the Department of Communications, Marine and Natural Resources and Sustainable Energy Ireland has developed a draft action plan for the purpose of implementing the directive. I refer to the reply to Questions Nos. 48 and 74 on today's Order Paper in that regard.
The national climate change strategy is under ongoing review. Preliminary greenhouse gas emissions figures released by the Environmental Protection Agency in July 2004 indicate that emissions in 2003 were 24.7% above 1990 levels, down from approximately 29% in 2002 and 31% in 2001.
237 Mr. Durkan asked the Minister for the Environment, Heritage and Local Government the number of persons on the housing waiting lists in each of the local authorities at present; his plans to meet this need in full; and if he will make a statement on the matter. [32906/04]
249 Mr. Durkan asked the Minister for the Environment, Heritage and Local Government his plans to meet the needs of those on local authority waiting lists in County Kildare in the foreseeable future; and if he will make a statement on the matter. [32918/04]
I propose to take Questions Nos. 237 and 249 together.
The results of the statutory assessment of local authority housing need, which was undertaken by local authorities in March 2002, indicated that a total of 48,413 households were in need of housing compared with 39,176 households in March 1999. Detailed information on the results of the 2002 assessment was published in my Department's September 2002 quarterly edition of the housing statistics bulletin, copies of which are available in the Oireachtas Library. The next statutory assessment of need is due to be undertaken by local authorities in March 2005.
In relation to addressing the needs of households on the waiting list, I refer to the reply to Priority Question No. 5 on today's Order Paper on the capital funding of €6 billion to be provided for housing in the 2005 to 2009 period.
238 Mr. Durkan asked the Minister for the Environment, Heritage and Local Government the number of affordable houses allocated and occupied throughout the country since the inception of the scheme; and if he will make a statement on the matter. [32907/04]
Information on the number of affordable houses provided is published in my Department's housing statistics bulletins, copies of which are available in the Oireachtas Library.
241 Mr. Durkan asked the Minister for the Environment, Heritage and Local Government the various constituencies and areas in Dublin or the greater Dublin area which have shown a decrease in population; the reasons for same and the action or actions planned to counter the trend; and if he will make a statement on the matter. [32910/04]
242 Mr. Durkan asked the Minister for the Environment, Heritage and Local Government the reason for the reduction in population in various parts of Dublin city; and if he will make a statement on the matter. [32911/04]
I propose to take Questions Nos. 241 and 242 together.
Census returns indicate that the population of three Dublin constituencies — North Central, North East and North West — fell between 1996 and 2002. I am not aware of research that provides a definitive explanation for the decline in population in these areas, though it may in part be a consequence of decreasing household size.
Population in a given area can be consolidated by various means, including fiscal measures and planning policies which promoter greater residential densities. For instance, the recent decision to remove or reduce stamp duty on the purchase of second hand homes by first-time buyers should encourage newly formed family units to move into family sized homes in mature suburbs.
With regard to planning, my Department in 1999 published residential density guidelines for planning authorities encouraging the provision of additional dwellings within inner suburban areas of towns or cities which can be served by existing or planned public transport services. Such dwellings can be provided either by infill residential development or the subdivision of existing residential properties.
One of the primary objectives of the Regional Planning Guidelines for the Greater Dublin Area, 2002-2016, which will inform development planning, is to consolidate population and household growth within the metropolitan area. To this end, the guidelines address the need for measures to facilitate increased occupancy rates in relevant areas.
243 Mr. Durkan asked the Minister for the Environment, Heritage and Local Government the extent to which the various targets set by and for his Department in the national development plan are likely to be met within costs and on time; and if he will make a statement on the matter. [32912/04]
I am satisfied that my Department is making good progress overall in meeting the budgetary and output targets associated with the implementation of measures under the national development plan. While progress was initially slow on some measures, expenditure is approaching target, and this is being reflected in increased outputs. I am confident that this trend will continue for the remaining period of the national development plan. The latest progress figures, as reflected in reply to this question, are based on the situation at end June 2004. Capital expenditure on most of my Department's programmes has accelerated during the second half of 2004 and this should be reflected in improved rates of progress when end-2004 data is completed.
By the end of June 2004, a total of 285 water services schemes had been completed and cumulative expenditure, at €2.152 billion, was running at 83% of the expenditure forecast to the end of the year. Priority has been given to completing the largest infrastructural projects and these schemes have optimised the return on investment in terms of their positive impact on the environment and their role in the achievement of the overall objectives of the national development plan. At the end of June 2004, the increase in wastewater treatment capacity provided since 2000 was equivalent to the needs of a population of 2.8 million and, over the same period, additional drinking water treatment capacity, equivalent to the needs of a population of 575,000, was also provided.
The water services investment programme for the years 2004 to 2006 contains 869 projects at various stages of construction and underlines my Department's continued commitment to water and wastewater infrastructure provision. Work is under way on reviewing targets and objectives to better reflect the progress achieved and anticipated up to the end of the national development plan period and will be completed in the new year.
My Department is also reviewing the programme complement for housing in a similar context. Cumulative expenditure on housing to June 2004 is of the order of €5.73 billion, or 91.8% of the allocation to end 2004. Despite significant progress in terms of output it has not been possible to achieve some mid-term targets due to higher than anticipated construction and serviced land costs. The Government's decision to introduce multi-annual capital investment programmes provides an important opportunity to ensure a structured basis for the planning and delivery of all social and affordable housing programmes.
Output under the non-national roads measure is ahead of target, with improvements to 19,400 kilometres of non-national roads up to end June 2004. This is 80% of the final NDP target. Expenditure, at €1.8 billion to end June 2004, is at 96% of profiled expenditure for the year. I am confident this very good rate of physical progress will continue for the remaining years of the NDP, thereby contributing to the social and economic development of the regions.
Cumulative expenditure on the rural water measure to end-June 2004 amounts to €253.86 million, or 57% of the allocation to the end of 2004. While expenditure on this measure is behind target, nearly 240,000 people are benefiting from new or improved rural water schemes. This is approximately 90% of the final target in the national development plan. Percentage compliance with the drinking water regulations, at 81%, exceeds the mid-term target of 75%, but work remains to be done over the coming years to achieve the final target of 95%.
Expenditure on the waste management measure is behind target, as delays in the adoption of waste management plans by local authorities precluded expenditure in the first two years of the national development plan. However, the rate of expenditure has increased significantly, reflecting good progress in delivering modern waste infrastructure facilities. I am confident this rate of progress will continue during the remaining years of the national development plan.
Up to the end of June 2004, over €50 million had been spent on the urban and village renewal measure. While expenditure has been at roughly 50% of target, over 500 projects have been completed or are under way. This measure aims to make cities, towns and villages more attractive places in which to live and work. It also seeks to encourage social and economic development and to facilitate and support the development of tourism and tourism related activity. While this measure was slow to get under way in the early years of the NDP, much progress has been made in more recent years and I am confident that it will meet its budgetary and output targets.
Expenditure under the habitats protection and conservation measure did not reach the mid-term target and output under the measure has also been behind target. Due to significant difficulties in acquiring suitable sites, development of two visitor centres has been slower than anticipated. However, sites have been bought in both cases, and it is hoped that both centres will be built within budget before the end of the NDP period.
Funding is also provided under this measure for conservation purposes by way of the acquisition of designated lands and compensation to landowners who forego income as a result of designation. It is very difficult to forecast the level of expenditure associated with these payments. My Department has prepared revised indicators that will better reflect the progress being made under this measure and, subject to approval, these will be in use from spring 2005.
Revised indicators have also been prepared for the heritage conservation measure where cumulative expenditure to end June 2004 is at 53.6% of target. A total of 48 heritage sites have been improved to end June, up from 36 sites at the end of 2003. Heritage sites attracted some 2.4 million visitors in 2003, which is 92% of the final NDP target.
244 Mr. Durkan asked the Minister for the Environment, Heritage and Local Government the extent to which adequate drinking water is likely to be available in the future having regard to increased need generated by extra population; and if he will make a statement on the matter. [32913/04]
245 Mr. Durkan asked the Minister for the Environment, Heritage and Local Government if he has satisfied himself regarding the adequacy and quality of drinking water; if sufficient storage is available; and if he will make a statement on the matter. [32914/04]
246 Mr. Durkan asked the Minister for the Environment, Heritage and Local Government if adequate drinking water storage capacity is available; his plans to improve the situation; and if he will make a statement on the matter. [32915/04]
I propose to take Questions Nos. 244 to 246, inclusive, together.
In order to meet anticipated demand for water and water treatment facilities, the national development plan provides for investment of €4.4 billion in water services infrastructure up to the end of 2006, approximately three times the amount expended during the 1994-99 period. Substantial increases in water treatment and storage capacity are being achieved as a result of this increased investment. Schemes completed since 1997 have produced additional drinking water treatment capacity equivalent to the needs of a population of 985,000. The increase in storage capacity over the same period was sufficient to meet the requirements of a population of 1,575,000.
Management of public drinking water supplies is in general the responsibility of the local authorities which have a range of instruments and measures available to them to conserve sufficient stocks to meet anticipated needs. In support of the water service activities of local authorities, my Department co-ordinates and finances a major programme of investment in improved infrastructure, active leakage control, telemetry and rehabilitation of water mains.
Details of approved proposals for further new and upgraded public water supply schemes are set out in my Department's Water Services Investment Programme 2004-2006, a copy of which is available in the Oireachtas Library. The schemes included in the programme are mainly derived from regular assessments of needs undertaken by local authorities, at my Department's request, as an input to the overall strategy for meeting additional water supply requirements. These assessments will continue to be taken into account in future phases of the programme.
Successive EPA reports on drinking water quality verify the fundamentally good quality of public drinking water supplies in Ireland. The most recent EPA report, for 2002, confirms a compliance rate with mandatory drinking water standards for public water supplies of over 97%. In addition, earlier this year I announced a record allocation of €110 million for the 2004 rural water programme. The main focus of this allocation is on upgrading group water schemes using sub-standard private sources. These schemes serve approximately 4% of households nationally and planned upgrades are being advanced as a matter of urgency.
Overall, the resources being put in place should ensure that the coverage and quality of the national water supply infrastructure adequately caters for all demands placed on it.
247 Mr. Durkan asked the Minister for the Environment, Heritage and Local Government the position regarding the determination of the final route and land acquisition in respect of the proposed M9 motorway from Kilcullen to Waterford; and if he will make a statement on the matter. [32916/04]
Development of proposals for motorways, including any necessary land acquisition, is a matter for the National Roads Authority in conjunction with the relevant local authority. My Department has no function in the matter.
250 Mr. McGuinness asked the Minister for the Environment, Heritage and Local Government, further to Question No. 213 of 23 November 2004 and the reply, if he will respond to the same parliamentary question and comment on the response given by the Department of Health and Children; the status of applications from Kilkenny County Council for funding to improve the water schemes in north Kilkenny; when a decision is likely to be made in each case; the funding that has already been paid or committed to Kilkenny County Council for improvements in water supply and quality; and if he will make a statement on the matter. [32947/04]
In accordance with the European Communities (Drinking Water) Regulations, 2000, local authorities are responsible for taking the necessary measures to ensure that water intended for human consumption conforms to prescribed standards. Detailed information in the quality of individual water supplies is available in the annual reports published by the EPA on the quality of drinking water in Ireland. The most recent such report is for the year 2002 and a copy is available in the Oireachtas Library. More recent information in respect of the quality of individual water supplies in not available in my Department but may be available from the relevant local authority.
Details of approved water and sewerage schemes in County Kilkenny, including the funding allocated for each scheme, are set out in my Department's Water Services Investment Programme 2004 — 2006, a copy of which is also available in the Oireachtas Library. The schemes included in the programme are derived from the priorities identified by the council in response to my Department's request to all local authorities last year to undertake fresh assessments of the needs for capital water services works in their areas and to prioritise their proposals on the basis of the assessments. I am arranging to have a copy of Kilkenny County Council's assessment forwarded to the Deputy.
251 Ms Enright asked the Minister for the Environment, Heritage and Local Government if An Bord Pleanála has the authority to overturn a planning refusal for the erection of a mast when such refusal was in line with a specific county development plan; and if he will make a statement on the matter. [32948/04]
252 Ms Enright asked the Minister for the Environment, Heritage and Local Government if his Department has issued any guidelines on the erection of masts; and if he will make a statement on the matter. [32949/04]
I propose to take Questions Nos. 251 and 252 together.
Section 37 of the Planning and Development Act 2000 provides that, in determining an appeal, An Bord Pleanála is restricted to considering the proper planning and sustainable development of the area, regard being had inter alia to the provisions of the development plan. The section provides that the board may grant permission where the proposed development materially contravenes the development plan. However, where a planning authority has decided to refuse permission on the grounds that a proposed development materially contravenes the development plan, the board may grant permission only in certain limited circumstances. For example, the board may grant permission in material contravention of an objective of the development plan where it considers that there are conflicting objectives in the development plan or that permission for the proposed development should be granted having regard to any statutory ministerial planning guidelines or any relevant policy of the Government or any Minister of the Government.
Guidelines for planning authorities on telecommunications antennae and support structures were issued by my Department in July 1996. A copy of the guidelines is available in the Oireachtas Library.
253 Mr. Haughey asked the Minister for the Environment, Heritage and Local Government the aims and objectives of the discovery programme; the progress made to date on the history and archaeology of Tara and its surroundings, in this context; and if he will make a statement on the matter. [32950/04]
The Discovery Programme is a limited company which receives most of its funding from the Heritage Council. The objectives of the programme as set out in its memorandum of association are to enhance understanding of Ireland's past through archaeological research, to promote appreciation of Ireland's archaeological heritage, and to co-operate with other national and international archaeological bodies.
A number of research studies on Tara have been published by the Discovery Programme and I understand that another is awaiting publication. Details of publications are available on its website at www.discoveryprogramme.ie.
