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Dáil Éireann debate -
Tuesday, 8 Feb 2005

Vol. 597 No. 2

Written Answers

Questions Nos. 1 to 9, inclusive, answered orally.
Questions Nos. 10 to 62, inclusive, resubmitted.
Questions Nos. 63 to 69, inclusive, answered orally.

Natural Gas Grid.

Paul Connaughton

Question:

70 Mr. Connaughton asked the Minister for Communications, Marine and Natural Resources the extent of the role he expects Bord Gais to play in the production, generation or distribution of energy in the future; and if he will make a statement on the matter. [3610/05]

Bernard J. Durkan

Question:

284 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources the extent of the role he expects Bord Gais to play in the production, generation or distribution of energy in the future; and if he will make a statement on the matter. [3947/05]

I propose to take Questions Nos. 70 and 284 together.

Bord Gais Éireann, BGE, is a commercial State body operating in a liberalised energy market. BGE's functions in the transmission, distribution and supply of gas are as set down under the Gas Act 1976, as amended, that is, to develop and maintain a system for the supply of natural gas to customers which is both economical and efficient.

BGE is both the transmission system operator and distribution system operator in Ireland. Bord Gais is also a gas supplier operating in competition with other suppliers for the power generation, industrial and commercial gas markets. The company is also the franchise holder for most of the residential market. Following full opening of the gas market, which is expected in 2005, BGE intends to continue as a key supplier in this market. The company has over half a million customers, including residential and industrial/commercial. It also has a growing presence in the Northern Ireland gas sector. BGE has no mandate to get involved in the production of gas and the company has indicated that it has no plans in this area.

Section 17 of the Gas (Amendment) Act 2000 extended the powers of BGE to allow the company diversify into other areas, whether gas related or not, which the board considered advantageous. One of the areas that BGE has got involved in is the retail electricity market, on a small but growing scale. The expansion or otherwise of this business is entirely a matter for the board of BGE in the first instance.

Following the opening up of electricity market to competition in 2001, the Commission for Energy Regulation initiated a number of positive actions to address the reluctance by investors to enter the market. One of these actions was a competition that facilitated the entry of two new independent generating plants with a combined installed generating capacity of over 500MW. The competition included an off-take guarantee in the form of a PES contract for the purchase of a specified amount of the electricity generated. BGE, in partnership with Scottish and Southern Energy, SSE, developed a proposed joint venture power station project and entered the Commission for Energy Regulation competition in 2003. The bid was not successful.

Alternative Energy Projects.

Paul Connaughton

Question:

71 Mr. Connaughton asked the Minister for Communications, Marine and Natural Resources the extent to which it is Government policy to support the production of bio-diesel or other non-fossil fuel alternatives; his preferred options in this regard for the future; and if he will make a statement on the matter. [3691/05]

Bernard J. Durkan

Question:

306 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources the extent to which it is Government policy to support the production of bio-diesel or other non-fossil fuel alternatives; his preferred options in this regard for the future; and if he will make a statement on the matter. [3970/05]

I propose to take Questions Nos. 71 and 306 together.

My Department is responsible for the promotion and development of renewable energy, including biofuels, and I am committed to the development and promotion of a biofuels market in Ireland's transport fuel sector. An interdepartmental group has been set up chaired by my Department and comprising officials from Sustainable Energy Ireland, SEI, the Department of the Environment, Heritage and Local Government, the Department of Transport, the Department of Agriculture and Food and the Department of Finance. The group is considering policy options for the development of a biofuels sector in Ireland.

As part of the work of this group, a liquid biofuels strategy study was published by SEI in December, which examines the full range of options and potential supports for liquid biofuels development in Ireland, including bioethanol, biodiesel and pure plant oil. The report is being considered as part of the overall policy objective to increase market penetration of biofuels in Ireland, which is at a very low level. The biofuels directive sets indicative targets for market penetration of 2% by end 2005 and 5.75% by end 2010. These targets present a challenge to Ireland, given the low base from which we are starting.

In March 2004, my Department secured an amendment to the Finance Act 1999, which provides for the introduction of a scheme for excise tax relief for biofuels. The purpose of the scheme is to allow qualified and conditional relief from excise of biofuel used in approved pilot projects for either the production of biofuel or the testing of the technical viability of biofuel for use as a motor fuel. It is envisaged that the scheme will encompass market development for pure plant oil, biodiesel and bioethanol.

The European Commission has confirmed that the scheme would represent a state aid and consequently its approval is required. In this regard, the Department of Finance has written to the Commission seeking approval. Once the necessary clearance is granted, a commencement order will be signed by the Department of Finance and the process for project selection and approval will be implemented.

Sustainable Energy Ireland is also funding a number of biomass projects and studies through its renewable energy research development and demonstration, RERDD, programme. Under the programme, Sustainable Energy Ireland offers capital grant aid for biofuels market demonstration projects in the pure plant oil, biodiesel and bioethanol categories.

Jan O'Sullivan

Question:

72 Ms O’Sullivan asked the Minister for Communications, Marine and Natural Resources if his attention has been drawn to the recent statements from a company (details supplied) that it will not be developing any further wind projects here; his views on whether such statements are a direct response to the energy regulator’s comments that there is no need to develop the wind energy sector at this time; and if he will make a statement on the matter. [3591/05]

Brian O'Shea

Question:

74 Mr. O’Shea asked the Minister for Communications, Marine and Natural Resources his views on the opinion of the electricity regulator that there is no need to further stimulate the wind energy sector at this time; if Ireland remains on course to meet the 13.2% of all energy coming from the renewable sector target by 2010; and if he will make a statement on the matter. [3590/05]

Bernard J. Durkan

Question:

76 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources his plans to support or encourage the production of alternative energy with particular reference to wind energy in the aftermath of the recent comments of the regulator; if he has given any direction in this regard or intends to so do; and if he will make a statement on the matter. [3564/05]

Simon Coveney

Question:

98 Mr. Coveney asked the Minister for Communications, Marine and Natural Resources his targets to achieve less dependency on fossil fuels and the development of alternative energy sources; his plans to offer incentives in this area; and if he will make a statement on the matter. [3641/05]

Dan Boyle

Question:

152 Mr. Boyle asked the Minister for Communications, Marine and Natural Resources when he expects to complete his review of future support mechanisms for renewable power sources; if a decision on the new support measures which need to be put in place has to await the conclusion of his wider review of the electricity market. [3676/05]

Michael Noonan

Question:

155 Mr. Noonan asked the Minister for Communications, Marine and Natural Resources if he has had discussions with the regulator in regard to the development of alternative energy sources; the extent to which he expects such sources to contribute to national energy requirements in the future; and if he will make a statement on the matter. [3651/05]

Bernard J. Durkan

Question:

303 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources his targets to achieve less dependency on fossil fuels and the development of alternative energy sources; his plans to offer incentives in this area; and if he will make a statement on the matter. [3967/05]

Bernard J. Durkan

Question:

307 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources if he has had discussions with the regulator in regard to the development of alternative energy sources; the extent to which he expects such sources to contribute to national energy requirements in the future; and if he will make a statement on the matter. [3973/05]

I propose to take Questions Nos. 72, 74, 76, 98, 152, 155, 303 and 307 together.

The existing AER VI program marks the end of the current market support for renewable sourced electricity generation. The Department conducted a consultation process on future development of renewable energy which attracted 47 responses last year. To ensure future development of our renewable resources the renewable energy development group was established on 6 May last year. The group is chaired by my Department and comprises relevant experts from the administrative, industry and scientific sector, including the Commission for Energy Regulation, CER, Sustainable Energy Ireland, SEI, ESB national grid and the Economic and Social Research Institute, ESRI, among others.

The group is at the end of its current work phase and its report is expected to be ready shortly. The work of the group has been informed by the renewable energy consultation process and the submissions made in response to our consultation document. Other inputs to the group came from direct presentations to the group from industry representatives and their associations; analysis conducted by sub-groups of the group itself; the work of the CHP strategy group and the bioenergy strategy group. In the course of the work of this group a wide spectrum of views and opinions were expressed by the parties involved and the views recently submitted to me by the energy regulator will be considered alongside all other views received.

In the interests of clarity and transparency, I have put out to consultation the recently expressed view of the Commission for Energy Regulation, which is an independent body under paragraph 9 in the Schedule to the Electricity Regulation Act 1999, and several replies have been received to date in response to the views outlined in the letter. I have had no specific discussions in regard to the development of alternative energy sources with the Commission for Energy Regulation nor do I have power to issue directions to the commission of the type referred to by Deputy Durkan. From my point of view, it is important to optimise the contribution of wind energy based electricity to the national supply on a basis that is fair to all parties, including consumers, and that it can be integrated safely and easily into the national network.

It is important that the State reduces its dependency on non-renewable fuels, whose prices are subject to the vagaries of the global markets and geopolitical developments which can adversely affect both the price and availability of supplies. From a national economic perspective, not just an energy policy perspective, increasing the amount of renewable energy in the system will be helpful in substituting costly fuel imports and in dealing with levels of uncertainty in the future evolution of energy prices.

I am aware of reports that the specific company referred to has decided to invest in other locations for now. That is purely a commercial decision for the company involved.

The renewable energy development group will advise on future options on policies, targets, programmes and support measures to develop the increased use of renewable energy in the electricity market to 2010 and beyond. The group's report, which is due shortly, will form the basis of my future policy decisions on the increased penetration of renewable energy technologies in the electricity market and will seek to ensure that developers can make a reasonable rate of return on renewable energy projects while ensuring that the interests of national competitiveness and the ultimate burden of cost to the final consumer are fully taken into consideration.

Mobile Telephony.

Pat Rabbitte

Question:

73 Mr. Rabbitte asked the Minister for Communications, Marine and Natural Resources the consequences of the European Commission’s decision to uphold the recent ruling by the Commission for Communications Regulation that more competition is needed in the mobile phone market here; his views on whether the two main mobile phone companies have operated an effective duopoly here; and if he will make a statement on the matter. [3596/05]

Joan Burton

Question:

79 Ms Burton asked the Minister for Communications, Marine and Natural Resources if his attention has been drawn to the fact that mobile phone customers here will have to pay significantly more than British subscribers to use third generation mobile phone technology; his views on whether Irish mobile phone charges continue to be excessive in comparison to European norms; his plans to tackle these excessive rates in the mobile phone industry; and if he will make a statement on the matter. [3576/05]

Paul McGrath

Question:

90 Mr. P. McGrath asked the Minister for Communications, Marine and Natural Resources the extent to which Ireland’s poor rating in the mobile telephone European league is being addressed or likely to be addressed in the near future; and if he will make a statement on the matter. [3664/05]

Bernard J. Durkan

Question:

314 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources the extent to which Ireland’s poor rating in the mobile telephone European league is being addressed or likely to be addressed in the near future; and if he will make a statement on the matter. [3981/05]

I propose to take Questions Nos. 73, 79, 90 and 314 together.

I have no function in the setting of pricing for phone services. The regulation of telecommunications operators, including pricing for mobile services, is the responsibility of the Commission for Communications Regulation, ComReg, in accordance with the requirements of the Communications Regulation Act 2002 and regulations made under the EU regulatory framework for electronic communications. As Minister for Communications, Marine and Natural Resources, I have responsibility for overall telecoms policy and my main goal in this policy is to create conditions for sustainable growth and competition that will benefit the economic and social development of Ireland by providing competitive services.

It is my belief that improving the market conditions to improve competition is the best way to drive down mobile phone charges to the end user. The more competitive telecoms services that are on offer, the better in the long run for consumers, the sector and the economy. In March 2004, my predecessor issued policy directions to ComReg, including a direction on competition. The direction on competition mandates ComReg to focus on competition as a key objective, with a particular focus on competition in the fixed and mobile markets, and to implement, where necessary, remedies which counteract or remove barriers to entry and support entry by new players to the market and entry into new sectors by existing players; and to have particular regard to the following: market share of new entrants; ensuring that the applicable margin attributable to a product at the wholesale level is sufficient to promote and sustain competition; price level to the end user; the potential of alternative technology delivery platforms to support competition.

ComReg has, as one of its key objectives under the Communications Regulation Act 2002, the promotion of competition in the exercise of its functions. Competition in the fixed and mobile markets will drive down prices for consumers. In 2004 ComReg conducted a market analysis on the mobile market in Ireland and found that Vodafone and O2 hold a joint dominance in that market. ComReg notified the European Commission of its conclusions in December 2004 and the Commission endorsed ComReg's position. The Commission has also endorsed ComReg's proposed remedies. ComReg is now proceeding to implement its remedies to bring more competition into the Irish mobile market.

ComReg's proposed remedies include opening existing networks to alternative service providers such as mobile virtual network operators, MVNOs. They also conclude that any roaming agreements already made between operators will be required to be maintained. This means that O2 will be required to maintain its agreement with Meteor that allows Meteor national roaming on O2's network.

ComReg's remedies should result in greater choice and competition for the consumer. In other European countries where further competition has been developed through the entry of MVNOs, the prices paid by consumers have fallen in some cases by up to 25%.

With regard to pricing for 3G services, only one operator, Vodafone, has commercially launched 3G consumer services. Hutchinson Whampoa, trading as 3, is expected to have achieved 53% demographic coverage by 30 June 2005 and a formal launch of full commercial service is expected around that date. O2 is expected to launch its product in the first quarter of 2005. ComReg expects further competition will develop when the other 3G licensees bring their 3G services to the market resulting in more competitive pricing structures for consumers.

Question No. 74 answered with QuestionNo. 72.

Electricity Generation.

Denis Naughten

Question:

75 Mr. Naughten asked the Minister for Communications, Marine and Natural Resources his preferred options for the future development of the provision of electricity services throughout the country; if, in the context of deregulation, he has made specific policy directives; and if he will make a statement on the matter. [3654/05]

Bernard J. Durkan

Question:

309 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources his preferred options for the future development of the provision of electricity services throughout the country; if, in the context of deregulation, he has made specific policy directives; and if he will make a statement on the matter. [3975/05]

I propose to take Questions Nos. 75 and 309 together.

In terms of preferred options for electricity market development, my objective is to deliver a fully open, competitive, all-island market in line with the recently published North-South development framework with a quality assured, secure supply at reasonable prices. In the broader context, I wish to see a well interconnected market, both east-west and North-South, underpinning EU policy on interconnection and with maximised usage of alternative or renewable energy sources.

The regulatory framework and unbundling of the transmission and distribution networks are key tools to deliver open and competitive markets to the benefit of consumers and the national economy. The review of the electricity sector which I have announced and, in particular, the element dealing with market structures and issues such as ESB structure and sector dominance will also inform future policy direction.

We are continuing to build upon the significant progress made to date in market liberalisation. Under the regulatory oversight of the Commission for Energy Regulation, CER, market opening is proceeding on a phased basis with statutory effect given to EU directives on the common rules for the internal electricity market. I have just made regulations to give effect to EU electricity directive 2003/54/EC. This directive strengthens the unbundling provisions of the transmission and distribution system operators, explicitly provides for enhanced levels of consumer protection, including the right of supply in quality terms and at reasonable prices, sets out a timetable for market opening and requires member states to ensure proper regulation by independent national regulatory authorities. The current regulatory framework in Ireland already takes account of many of the provisions of this new directive and the new regulations will augment the measures already in place.

On 19 February next, the market will be fully open to competition. From that date, all customers will be eligible to source their electricity from any licensed supplier and the entire market becomes contestable. This is over two years in advance of the EU directive requirements.

With regard to policy directions, currently I have certain limited statutory powers to give directions to the CER relating to electricity trading arrangements solely. This power was exercised by my predecessor in July 1999 and provided for the current electricity trading system. In the interests of the proper and effective regulation of the electricity and gas markets, I am proposing, in line with other regulated sectors and with Government approval, to take powers to issue policy directions of a general nature to the CER. Such a provision is included in the Energy (Miscellaneous Provisions) Bill, which is being drafted by the Office of the Parliamentary Counsel.

Question No. 76 answered with QuestionNo. 72.

Natural Gas Grid.

Richard Bruton

Question:

77 Mr. Bruton asked the Minister for Communications, Marine and Natural Resources his plans to provide a supply of natural gas to the north west; and if he will make a statement on the matter. [3567/05]

Bernard J. Durkan

Question:

278 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources his plans to provide a supply of natural gas to the north west; and if he will make a statement on the matter. [3923/05]

I propose to take Questions Nos. 77 and 278 together.

The regulation of the gas market is delegated to the Commission for Energy Regulation, CER, under the Gas (Interim) (Regulation) Act 2002. It is open to any intending supplier of gas to any town to apply to the CER for consent to lay the necessary pipe work and for a licence to supply natural gas. The CER must be satisfied that a proposal to extend the natural gas distribution network is an economic proposition before it will grant consent for it, as otherwise uneconomic projects will increase costs for all energy consumers. The 1976 Gas Act also requires Bord Gais Éireann, BGE, to demonstrate that any pipeline investment it proposes will be an economic business operation.

My Department is looking at the feasibility of bringing gas from Derry to Letterkenny. A study was completed in October 2004. The report concluded that the Derry to Letterkenny pipeline proposal is not economically viable and could require up to 100% subvention. In the circumstances, I have asked that a full cost-benefit analysis of the proposal be undertaken, including an assessment of the role of gas, if any, in facilitating regional development. The results of this further study are expected in March 2005.

There is also a long-standing Government commitment to examine the feasibility of bringing natural gas from Corrib to Sligo. Now that planning matters for the terminal are concluded, although I am aware there are two proceedings for judicial review before the High Court, I have asked my officials to commence this evaluation process, which will include a feasibility study and cost-benefit analysis of possible routes. It should be noted, however, that a preliminary evaluation in 2001 by BGE, having examined all possible routes for this project, found that none was commercially viable and even the least expensive option costs more than might be recovered over the lifetime of the pipeline. Work on preparing the specification for the further evaluation is under way and it is hoped to appoint consultants to do this work as soon as possible.

Mobile Telephony.

Billy Timmins

Question:

78 Mr. Timmins asked the Minister for Communications, Marine and Natural Resources if he has satisfied himself that health and safety standards in the mobile telephone industry are keeping pace with technological advances; and if he will make a statement on the matter. [3666/05]

Pat Breen

Question:

273 Mr. P. Breen asked the Minister for Communications, Marine and Natural Resources if he has satisfied himself that health and safety standards and requirements are being fully adhered to throughout the mobile telephone industry; and if he will make a statement on the matter. [3688/05]

Bernard J. Durkan

Question:

298 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources if he has satisfied himself that health and safety standards and requirements are being fully adhered to throughout the mobile telephone industry; and if he will make a statement on the matter. [3962/05]

Bernard J. Durkan

Question:

316 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources if he has satisfied himself that health and safety standards in the mobile telephone industry are keeping pace with technological advances; and if he will make a statement on the matter. [3983/05]

I propose to take Questions Nos. 78, 273, 298 and 316 together.

I have a dual track approach to this issue. First, Ireland participates in a number of international bodies which undertake detailed programmes of research into interactions between electromagnetic energy and people. The latest reports from this work were tabled at a meeting in Greece earlier this month. These reports conclude that, notwithstanding many years of investigation, no adverse health effects have been demonstrated to have been caused by electromagnetic energy emitted by telecommunication masts.

I appreciate that some people still maintain that these facilities are responsible for various symptoms and illnesses that they suffer. I sympathise with those people. The overwhelming weight of evidence is that facilities such as mobile base stations are not responsible for their condition. Focused research is continuing and my Department will monitor this area closely.

Second, Ireland also participates in the relevant bodies that monitor and set guidelines for limiting exposure to electromagnetic energy from such installations. These bodies continually review the relevant research already referred to and periodically meet to decide whether the guidelines continue to be appropriate in the light of the most up-to-date reports. My Department has this year endorsed these guidelines as continuing to offer protection to the public. The guidelines are utilised as operating limits in the licences issued to the operators of telecommunications facilities and measurements carried out on behalf of ComReg, the telecommunications regulator, have shown total compliance with the limits. I am, therefore, advised that there is no reason for me to act in terms of new legislation regarding limiting radio frequency emissions from these installations.

Issues relating to the physical siting of telecommunication masts are not a matter for me but for the relevant local authorities under the aegis of my colleague, the Minister for the Environment, Heritage and Local Government.

Question No. 79 answered with QuestionNo. 73.

Broadcasting Legislation.

Fergus O'Dowd

Question:

80 Mr. O’Dowd asked the Minister for Communications, Marine and Natural Resources the extent to which he has finalised his proposals in the context of the broadcasting Bill; and if he will make a statement on the matter. [3659/05]

Bernard J. Durkan

Question:

310 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources the extent to which he has finalised his proposals in the context of the broadcasting Bill; and if he will make a statement on the matter. [3976/05]

I propose to take Questions Nos. 80 and 310 together.

Work is continuing on the development of legislative proposals that will form the basis of a new broadcasting Bill. I expect to bring these proposals to Government in the third quarter of this year, with publication of the Bill by end 2005.

The principal objectives of the legislative proposals are as follows: the establishment of a single content regulator for both private and public service broadcasters as recommended by the forum on broadcasting; the establishment of RTE as a commercial company under the Companies Acts 1963 to 2003; the provision of a statutory mechanism for future adjustments to the level of the television licence fee; the development of the right of reply mechanism, allowing persons whose reputation and good name have been damaged by an assertion of incorrect facts in a television or radio programme to gain redress.

It is intended that the single content regulator will combine the existing regulatory functions of the Broadcasting Commission of Ireland and the RTE authority. The new regulator will play a key role in any mechanism for future adjustments to the level of the television licence fee with the twin goals of ensuring value for television licence fee payers and the development of public service broadcasting in Ireland. It is also proposed that any recommendations for legislative change arising from the review of radio licensing will be incorporated in the new Broadcasting Bill.

Electricity Generation.

Ruairí Quinn

Question:

81 Mr. Quinn asked the Minister for Communications, Marine and Natural Resources the details of the full scale Government review of the energy market here; the issues the review will address; the timescale of the review; if the review will ensure that the national grid and key generation infrastructure are retained in public ownership; and if he will make a statement on the matter. [3595/05]

Trevor Sargent

Question:

104 Mr. Sargent asked the Minister for Communications, Marine and Natural Resources when he expects his proposed full-scale review of the energy market and the future structure of the ESB to be completed; the person who will carry out the review; and if he will make a statement on the matter. [3684/05]

Bernard J. Durkan

Question:

274 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources the extent to which he expects the ESB to play a central role in the generation, transmission and distribution of supply to consumers and the national grid; and if he will make a statement on the matter. [3759/05]

I propose to take Questions Nos. 81, 104 and 274 together.

The review I am proposing is focused mainly on the electricity sector. Internal reviews on renewable energy, CHP and biomass are nearing completion. While the review is being planned for some time, precise terms of reference are still being finalised. What is proposed is a comprehensive and strategic review of the institutional arrangements and market structures for the Irish electricity sector. This will include a detailed examination of the ESB's vertically integrated utility structure and its dominance in the sector, particularly in the area of power generation. The review will not extend to the existing structure, functions or responsibilities of the Commission for Energy Regulation.

While precise details will be made available shortly in the tender documentation, I can confirm at this point that the review will include a thorough assessment of the effectiveness and appropriateness of the existing arrangements and structures in the electricity sector. This assessment will cover issues such as the cost of electricity in Ireland and a benchmarking of the cost bases and efficiency levels of existing State-owned power stations and networks. It will also look at the position of new entrants and provide an assessment of current levels of competition, particularly in the power generation sector.

The position of renewable energy sources and the various roles of the ESB in the renewable energy market segment will also be included in the review. There are also outstanding issues around the unbundling of the distribution business as required by the most recent EU directive on the internal market in electricity. The review will need to take full account of forthcoming developments, such as the all-island energy market and the proposed east-west and North-South electricity interconnectors.

In regard to the position of electricity assets in State ownership, I have previously confirmed my opposition to the privatisation of the transmission and distribution systems which are critical national assets that should remain in public ownership. There is strong consensus about this. I have also previously stated my opposition to any privatisation that would result in the creation of a monopoly or near monopoly in the power generation sector.

Notwithstanding this, it is my intention that the review should examine all options in regard to the future shape of the ESB and, in particular, on how to deal with the company's dominance in power generation. The issue of the ESB's dominance is a critical one in terms of developing competition in the market and ensuring that the electricity sector contributes fully to national competitiveness. Finding an effective solution to these issues is critical if we are to achieve the orderly development of the market with appropriate opportunities for new investment, deliver good value for money to customers and ensure the security of energy supplies into the future.

As part of the conclusions to the report that is to be submitted as a result of the review, the relevant consultants will be required to identify a range of alternative institutional arrangements and company structures, including ownership models, for the ESB and, to the extent appropriate, for the electricity sector in general. They will also be required to make specific recommendations as to the most appropriate arrangements and structures. It is my intention that these recommendations will serve to inform my Department's policy decisions in regard to the future of the electricity sector. If the recommendations are leading towards any change in the structure of the ESB, I expect them to be supported by a detailed business case for any proposals.

It is my intention that the call for tenders be announced within the next fortnight. Due to the scale of the review, the call for tenders will be subject to EU procurement rules and to the timescales that these rules impose. The contract notices will be transmitted electronically to the Official Journal and the tender documentation will also be made available electronically on the Government's e-procurement website. The call for tenders will be open to all interested parties. Again, due to the scale of the review, it is estimated that it will take a minimum of six months to complete.

There is no threat to the existence of the ESB, which has served this country well for over 75 years.

Television Licence Fee.

Bernard Allen

Question:

82 Mr. Allen asked the Minister for Communications, Marine and Natural Resources his views on whether a greater share of the television licence fee should be allocated to the independent broadcasting fund; his assessment of the fund to date; and if he will make a statement on the matter. [3570/05]

Bernard J. Durkan

Question:

280 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources his views on whether a greater share of the television licence fee should be allocated to the independent broadcasting fund; his assessment of the fund to date; and if he will make a statement on the matter. [3942/05]

I propose to take Questions Nos. 82 and 280 together.

The purpose of the Broadcasting (Funding) Act 2003 was to establish a special fund to encourage both private and public broadcasters to include additional programming of a particular character in their programme schedules. The Act provided that 5% of the net proceeds of the television licence fee should be paid into the fund from 2003 onwards. At the end of 2004 almost €17.5 million had been paid into the fund.

The legislation, which was enacted in December 2003, provided that the Broadcasting Commission of Ireland, BCI, would have responsibility for drawing up schemes through which the fund could be accessed. During the course of 2004, the BCI developed and published a draft scheme and consulted widely about it. In December, the BCI submitted a scheme to me for my approval as required under section 2(1) of the Act. The scheme will also have to be notified to the European Commission as a new state aid. My Department is in contact with the Commission in this regard. Once a scheme has been approved it is a matter for the BCI to invite applications and to make awards.

I view the special broadcasting fund as a positive initiative and look forward to listening to and watching some of the new programmes that will be broadcast on Irish radio and television services later this year as a result. I have no intention of bringing forward proposals to vary the amount being paid into the fund. The legislation, however, does provide for a formal review of each scheme by the BCI, three years after that scheme comes into operation.

Energy Regulation.

Ciarán Cuffe

Question:

83 Mr. Cuffe asked the Minister for Communications, Marine and Natural Resources when he will be able to give policy directions to the energy regulator; and the statutory changes which are required to make this possible. [3678/05]

Currently, I have certain limited statutory powers to give directions to the Commission for Energy Regulation, CER, about electricity trading arrangements solely. In the interests of the proper and effective regulation of the electricity and gas markets, I am proposing, in line with other regulated sectors and with Government approval, to take powers to issue policy directions of a general nature to the CER. Such a provision is included in the Energy (Miscellaneous Provisions) Bill which is being drafted by the Office of the Parliamentary Counsel. This Bill is scheduled for publication in the second quarter of 2005.

Inland Fisheries.

Jack Wall

Question:

84 Mr. Wall asked the Minister for Communications, Marine and Natural Resources if his attention has been drawn to the major difficulties being faced by local fishermen on the River Suir following recent drainage installations by South Tipperary County Council and the resulting loss to the fisheries of significant stretches of the River Suir; if he will propose and support a remedy for this matter; and if he will make a statement on the matter. [3608/05]

I understand that South Tipperary County Council has constructed a waste water treatment plant at Carrick-on-Suir and that this plant has been in operation since July 2004. The application for a foreshore lease was processed by this Department in line with standard procedures. Following receipt of the recommendations of the Department's expert advisers, a notice was placed in the local newspaper indicating that plans and details of the proposals were available for public inspection so that interested persons and bodies could make submissions. No submission was received on the matter and a lease issued to the local authority.

The Department has recently been contacted by the Southern Regional Fisheries Board which has expressed some concerns about the placement of a sewage outfall pipe and diffusers in the river Suir downstream of Carrick-on-Suir. The regional fisheries board is particularly concerned that the outfall pipe and diffusers might interfere with the local snap net fishing operations which are due to commence in mid-May this year.

To address these concerns, a representative of the Department's engineering division has met with a Southern Regional Fisheries Board representative at the site and is preparing a report on the matter. I am advised that this report, which will endeavour to ascertain the range and scope of the outfall pipe and diffusers, is expected to be concluded shortly.

Should this report find the outfall pipe and diffusers are likely to have an adverse impact on the local fishing operations, the Department will support the Southern Regional Fisheries Board in seeking to have the identified difficulties suitably rectified by the county council prior to the start of the local fishing season.

Energy Resources.

Michael Noonan

Question:

85 Mr. Noonan asked the Minister for Communications, Marine and Natural Resources the extent to which national oil reserves and storage are adequate to meet contingencies; and if he will make a statement on the matter. [3613/05]

Bernard J. Durkan

Question:

287 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources the extent to which national oil reserves and storage are adequate to meet contingencies; and if he will make a statement on the matter. [3950/05]

I propose to take Questions Nos. 85 and 287 together.

As a member of the International Energy Agency, IEA, Ireland is required to maintain emergency oil stocks equivalent to at least 90 days of net imports in the previous year. The EU imposes a similar requirement based on consumption. On 1 December 2004, the latest date for which comprehensive figures are available, Ireland's emergency oil reserves, whether held at home or in other EU member states, amounted to the equivalent of 110 days of net imports using the IEA methodology.

These stocks are made up of wholly owned stocks held in Ireland by the National Oil Reserves Agency, NORA, and industry-oil consumers equivalent to 70 days of stocks; wholly owned stocks held by NORA in other EU member states under cover of bilateral agreements equivalent to eight days of stocks; and rented stocks held by NORA in other EU member states under cover of bilateral agreements equivalent to 32 days of stocks. In the event of a significant global oil supply disruption, these reserves would be eked out over an extended period to supplement commercial supplies which would still be available in the normal course — albeit at a reduced level — to provide cover far in excess of their nominal duration. For example, if there were a 10% reduction in world oil supplies, a level of disruption unprecedented over the past four decades, then our current reserves would last for 1,100 days, that is, three years. They would last even longer if account is taken of the reduction in consumption which would be achieved by the demand restraint measures which would be triggered by a crisis of this magnitude.

Postal Services.

Tom Hayes

Question:

86 Mr. Hayes asked the Minister for Communications, Marine and Natural Resources if the implementation body examining the situation in An Post is likely to be in a position to examine in full the financial situation within the company; and if he will make a statement on the matter. [3619/05]

Bernard J. Durkan

Question:

293 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources if the implementation body examining the situation in An Post is likely to be in a position to examine in full the financial situation within the company; and if he will make a statement on the matter. [3956/05]

I propose to take Questions Nos. 86 and 293 together.

The purpose of the national implementation body is to oversee the delivery of the industrial peace and stability provisions of national level social partnership agreements. The national implementation body does not seek in any way to duplicate or substitute for already well established industrial relations machinery but rather to provide a forum in which obstacles to participation in the existing processes can be overcome.

National implementation body involvement in the current difficulties in An Post follows a request from ICTU to determine whether An Post breached the partnership terms of Sustaining Progress in making its decision to reintegrate SDS into Letterpost. The national implementation body, as part of its determination, proposed that an independent facilitator be agreed to share the financial details and institute a process for information sharing.

Following the dispute in SDS last month which resulted in 64 workers being suspended by An Post management, the national implementation body issued a proposal aimed at averting widespread industrial action by the union. The proposal, accepted by both parties, provides for the disputed matters surrounding SDS reintegration to be examined in the Labour Court on 11 February. Furthermore, the national implementation body, as part of its proposal, provided for the issue of Sustaining Progress increases, for which the company invoked the inability to pay clause, to be heard by the Labour Court as a matter of priority.

As outlined above, the remit of the national implementation body clearly relates to overseeing the provisions of partnership agreements and, therefore, it would not be appropriate for the national implementation body to examine the financial situation within An Post.

Electricity Generation.

Dan Neville

Question:

87 Mr. Neville asked the Minister for Communications, Marine and Natural Resources his preferred options for the future development of the electricity industry; the extent of any targets he has in mind for the use of wind, gas or alternative generation sources; and if he will make a statement on the matter. [3653/05]

Bernard J. Durkan

Question:

308 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources his preferred options for the future development of the electricity industry; the extent of any targets he has in mind for the use of wind, gas or alternative generation sources; and if he will make a statement on the matter. [3974/05]

I propose to take Questions Nos. 87 and 308 together.

I refer the Deputy to my response to the earlier questions today in regard to my proposal to undertake a comprehensive review of the electricity sector.

In addition, the promotion of renewable energy technologies in electricity production, the harnessing of energy from biomass products and the increased use of combined heat and power technology are key priorities of this Government and also of the European Union. The renewables directive, directive 2001/77/EC, addresses an obligation to Ireland to deliver a programme capable of increasing the portion of electricity from renewable energy sources to 13.2% of total consumption by 2010.

Existing hydro facilities together with the current AER support programme and activity in the liberalised green market are capable of delivering most of the target in the directive. As the amount of wind energy, in particular, connected to or with binding connection offers increases, further penetration will require co-operation and co-ordination between my Department, Sustainable Energy Ireland, SEI, the market regulator, CER, the electricity networks operators and developers. All these key players and more have participated in the work of the renewable energy development group which was established on 6 May last and which will report shortly. This report will, at a minimum, propose actions to ensure Ireland reaches its renewable energy target of 13.2% of gross electricity consumption by 2010 as set out in the directive.

In December 2003 my Department, in association with SEI, set up a bioenergy strategy group, BSG, to consider the policy options and support mechanisms available to Government to stimulate increased use of biomass for energy conversion and to make specific recommendations for action to increase the penetration of biomass energy in Ireland. Membership of the BSG comprised representatives of various Departments as well as State agencies in the agriculture and energy sectors and industry representatives. In March 2004, my Department, in association with SEI, established a CHP policy group to consider the most suitable and appropriate environments in which CHP can usefully be implemented in Ireland so as to maximise energy efficiency. Both the bioenergy strategy group and the CHP policy group are inputting into the renewable energy development group to ensure a comprehensive renewable energy policy is in place.

I am satisfied, therefore, that we have in place the necessary incremental steps to ensure increased penetration by renewable and alternative energy technologies in the energy markets. My objective is to put in place support regimes which will ensure orderly development and give reasonable return to project developers while also taking account of the interests of electricity consumers and consideration of national competitiveness.

Fisheries Protection.

David Stanton

Question:

88 Mr. Stanton asked the Minister for Communications, Marine and Natural Resources his views on the recent report by the Worldwide Fund for Nature that 13 of 15 species of marine life are in danger of extinction; and if he will make a statement on the matter. [3671/05]

The report to which the Deputy refers is a report entitled Marine Health Check 2005: A report to gauge the health of the UK's sea-life. This report is concerned with UK waters and argues for the introduction of particular national legislation. The report examines 16 marine species and habitats from an overall conservation perspective taking into account factors such as pollution, fishing, development and climate change. As the report is largely specific to the UK situation, it would not be useful for me to deal with much of its contents and, in addition, some of the species covered are protected in Irish waters under the aegis of the Department of the Environment, Heritage and Local Government under the habitats directive.

Both Atlantic cod and Atlantic salmon are of considerable importance to Ireland. In the case of cod, the EU has agreed a long-term recovery plan for a wide range of stocks, including those to the west of Scotland and in the Irish Sea, which sets targets for the recovery of these stocks. Ireland has been to the forefront of cod recovery in the Irish Sea, driving the introduction of closed areas some time before the adoption of the long-term recovery plan. In the Celtic Sea, an industry led closure of an area was agreed at Agriculture and Fisheries Council in December. I am confident that these recovery plans will provide for the recovery of these important stocks and ensure sustainable exploitation.

In the case of Atlantic salmon, the management of the Irish salmon fisheries, which limits both the commercial and angling fishing seasons and restricts the number of fish being caught, clearly demonstrates a commitment to the conservation of the wild salmon stock. It is the Government's belief that the current strategy of developing a sustainable commercial and recreational salmon fishery through aligning catches on the scientific advice holds out the strong prospect of a recovery of stocks and of a long-term sustainable fishery for both sectors.

With regard to basking shark, one of the species examined in the report, all fishing for this species is now totally prohibited in the waters around Ireland and the UK under the Common Fisheries Policy.

Action was taken under the Irish EU Presidency at Agriculture and Fisheries Council to protect the harbour porpoise through the introduction of a regulation addressing cetacean by-catch in certain fisheries.

Broadcasting Services.

Joe Costello

Question:

89 Mr. Costello asked the Minister for Communications, Marine and Natural Resources the plans he has to extend RTE broadcasts to enable Irish persons living in Britain to access RTE programmes on their televisions; his views on whether RTE broadcasts to Britain can be restored in view of the fact that they have been unavailable there for a number of years; and if he will make a statement on the matter. [3577/05]

RTE's statutory mandate, as defined in section 28 (1) of the Broadcasting Act 2001, provides that RTE's radio and television services shall be made available, in so far as is reasonably practicable, to the whole community on the island of Ireland. It is a matter for RTE to determine how best to fulfil its statutory mandate and I have no function in the matter.

RTE is not mandated to make its services available to Irish communities living abroad. RTE has, however, acted in a number of ways that has resulted in its radio or television services being more widely accessible. In addition to being available throughout Ireland, RTE's long wave radio service is available throughout much of the UK and parts of Europe. RTE services can also be accessed online.

In the past, certain RTE television programming was available in the UK on a commercial television channel, Tara TV. I understand that the company went into liquidation due to a lack of commercial success. Advances in broadband technology will give RTE additional options for making its services available in the future. This is likely to result in increased opportunities for Irish people living abroad to access RTE's radio and television services.

Question No. 90 answered with QuestionNo. 73.

Radio Broadcasting.

Gerard Murphy

Question:

91 Mr. Murphy asked the Minister for Communications, Marine and Natural Resources his views on whether there is scope for a greater number of local independent radio stations; his further views on whether the licensing regime should be amended to allow for a greater number of stations; and if he will make a statement on the matter. [3571/05]

Bernard J. Durkan

Question:

281 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources his views on whether there is scope for a greater number of local independent radio stations; his further views on whether the licensing regime should be amended to allow for a greater number of stations; and if he will make a statement on the matter. [3943/05]

I propose to take Questions Nos. 91 and 281 together.

The licensing of local radio stations in Ireland is a matter for the independent Broadcasting Commission of Ireland, BCI, and one in which I have no direct role. Under its statutory obligations, the BCI determines issues such as the type and number of licences in any region.

However, I wish to maintain a suitable legislative framework for local radio licensing in Ireland. In this regard, my Department carried out a review of radio licensing in Ireland last year. The review consisted of an extensive independent report by Ox Consultants and a public consultation. Over 50 submissions were received as part of the consultation and a public seminar on the topic of radio licensing was held last autumn. My Department will produce a report on the consultation and I will consider proposals for suitable legislative reform with regard to radio licensing.

The Ox report indicates that additional radio licensing is possible in Ireland, given the availability of spectrum, and that an increased number of channels may be available in the future through digital audio broadcasting. The report does raise some concerns regarding the viability of some local radio franchises, given their market size. The report also points to demand for special interest and dedicated format radio stations in Ireland.

While I will consider new legislative proposals that would improve the overall licensing framework, I am clear that decisions about the actual nature of the services to be licensed and who is to be awarded licences, should remain the remit of an independent body.

Postal Services.

John Deasy

Question:

92 Mr. Deasy asked the Minister for Communications, Marine and Natural Resources the extent to which he has been informed by An Post in respect of the company’s future intentions in regard to the payment of wages and pensions in accordance with legisation and previously established rules and practices; and if he will make a statement on the matter. [3620/05]

Bernard J. Durkan

Question:

294 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources the extent to which he has been informed by An Post in respect of the company’s future intentions in regard to the payment of wages and pensions in accordance with legisation and previously established rules and practices; and if he will make a statement on the matter. [3957/05]

I propose to take Questions Nos. 92 and 294 together.

First, the provisions applicable to staff transferred to An Post are set out in section 45 of the Postal and Telecommunications Services Act 1983. Implementing wage increases to An Post employees is an operational matter for the company and one in which I have no function.

An Post is a commercial State body with a remit to be financially viable. We must not ignore the fact that the company made an operating loss of €43 million in 2003 which followed on from losses of €17.4 million in 2002 and €6.7 million 2001. Following on from the scale of the losses in 2003, An Post management invoked the inability to pay clause contained in Sustaining Progress in respect of wage increases due under this agreement to An Post employees.

The key challenge for the company is to return to financial stability so that issues arising from the non-payment of Sustaining Progress can be resolved. The way forward is agreeing and implementing the strategic recovery plan which was approved by the board in 2003. This strategy sets out a road map to return An Post to profitability by 2005. It includes significant restructuring in terms of work practices and job losses amounting to approximately 1,730. However, buy in from the unions is crucial to agreement and implementation. This has not been an easy process — change is not easy.

Following the industrial dispute last March, the Labour Relations Commission put forward a framework to resolve the differences between management and unions. The length of the negotiation process indicates the difficult and deep seated issues to be resolved within An Post. Thankfully, during 2004, management and unions working together have made some progress in dealing with the crisis situation and, despite the negative comments that we have heard on the issue, there is a joint commitment by all parties to restructuring. All sides are to be commended for their efforts to date. I am not trying in any way to ignore or minimise the significant disagreements that exist between the management and the Communications Workers Union but we must concentrate on the process to take us forward to resolve the issues subject to dispute. That process is well under way.

Nevertheless, I recognise that we are not yet in the position where we can say that the necessary restructuring programme to secure the future of An Post has been agreed. This is essentially the nub of the problem we face today. The intervention of the national implementation body has ensured that the issue of Sustaining Progress increases will be addressed by the Labour Court as a matter of urgency on 11 February. In particular, the court will investigate the inability to pay clause adopted by the company.

It is essential that both sides continue to work together in conjunction with the State's industrial relations machinery to broker a deal that will allow the company to deliver quality services to our citizens, while at the same time providing sustainable well paid employment to its staff. That is the challenge facing the board and management, together with the unions, and they should not allow themselves to be deflected from meeting that challenge.

With hearings in the Labour Court under way or due to commence shortly on the restructuring programme, Sustaining Progress increases and SDS reintegration, I urge both parties to embrace this opportunity to reach agreement on how best to work together to secure the future of the company.

Fishing Fleet Modernisation.

John Perry

Question:

93 Mr. Perry asked the Minister for Communications, Marine and Natural Resources his plans for vessel owners who were encouraged to build larger vessels to target non-quota species in deep water to the west of Ireland to alleviate pressure on whitefish stocks; and if he will make a statement on the matter. [3685/05]

Since 1998, 64 new fishing vessels have received grant aid under fleet renewal programmes. Of the 21 vessels over 24 metres in length, only two were specifically designed with the capacity to target exclusively deep water species. Both vessels, however, retain all the attributes and equipment required to allow them also target traditional, non-deep water stocks. All the vessels introduced were replacing vessels in the fleet and, as such, did not add capacity to the fleet. They were introduced to enhance the operational efficiency, competitiveness and safety of the whitefish fleet in respect of both traditional quota stocks and new species.

Deep sea quotas were introduced for the first time in 2002. Revised quotas for 2005 and 2006, involving cuts of 15%, were agreed at last December's Council. Total allowable catches, TACs, and quotas were also introduced for a number of additional deep sea stocks at the December Council. In addition, a closed area off the west coast was put in place in respect of the orange roughy fishery. These measures are being introduced with the intention of providing for a sustainable deep sea fishery into the future. In respect of the stocks subject to TACs, most of which are high value, the Irish fleet has quotas of 2,954 tonnes available to it in 2005. On the basis of these allocations and additional opportunities for other non-quota stocks, the deep sea fishery remains important to the Irish fleet.

I am satisfied that the investment in the whitefish fleet has enabled this sector to meet the challenges facing it, that it will ensure that the maximum value is obtained from fully exploited volume restricted fisheries and that it has promoted the development of the important deep sea fisheries and more selective fishing technologies.

Inland Fisheries.

Jack Wall

Question:

94 Mr. Wall asked the Minister for Communications, Marine and Natural Resources his views on protests by anglers in Donegal, Kerry and other areas that their sport is being gravely hindered by serious restrictions and the failure to renew traditional leases; if he will address the causes of the serious decline in salmon stocks; and if he will make a statement on the matter. [3607/05]

Under the Fisheries Acts, primary responsibility for the conservation, protection, management, development and improvement of inland fisheries rests with the regional fisheries boards. Is in my understanding that the recent protests by anglers in County Kerry relate to demands for access to public fisheries which are managed by the national parks and wildlife service on behalf of the Minister for the Environment, Heritage and Local Government. I am informed, however, that the local salmon anglers are allowed to continue to manage the fishery on an ad hoc basis pending the completion of the requisite legal agreement and are not, therefore, excluded from using the fishery.

Protests by anglers in County Donegal, on the other hand, are related to the proposals prepared by the Northern Regional Fisheries Board for the management and development of State fisheries in the county. This plan was the subject of a discussion document, Outline Proposal for Development and Management of Angling in Donegal, prepared in support of the Donegal County Council County tourism plan on which there is an ongoing consultation exercise. The consultations are aimed at facilitating local and visiting anglers and to guarantee the long-term health and sustainability of the fisheries. I urge the angling representative bodies to participate in the ongoing process.

The overriding objective of the Government is to preserve the salmon resource in its own right and for the coastal and rural communities that it helps to support. The economic goals for a sustainable commercial salmon fishery based on quality and value rather than volume and the development of salmon angling as an important tourism product are both fully compatible with the primary objective. The Government has accepted the scientific advice that reductions in the overall fishing effort are required to sustain and rebuild wild salmon stocks nationally. The Department has implemented a strategy to ensure, through progressive reductions in catch, that the conservation limits specified by the standing scientific committee of the National Salmon Commission are being reached. This policy of promoting the application of quotas on commercial fishing and bag limits on angling has delivered significant catch reductions aimed at achieving the overall shared objective of restoration of salmon stocks.

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

Electricity Generation.

Mary Upton

Question:

95 Dr. Upton asked the Minister for Communications, Marine and Natural Resources if he will report on the likely impact of full market opening for electricity on 19 February 2005; his plans for a second North-South interconnector on the all-island electricity market; and if he will make a statement on the matter. [3606/05]

Liberalisation of the electricity market is well under way and has proceeded on a phased basis since February 2000 under the regulatory oversight of the Commission for Energy Regulation, CER, the independent regulator for gas and electricity.

In accordance with the Electricity Regulation Act 1999 (Eligible Customer) (Consumption of Electricity) Order 2003, on February 19 next the market will be fully open to competition. From that date, all customers will be eligible to source their electricity from any licensed supplier and the entire market becomes contestable. Scope will exist for all customers, household and non-household alike, to seek out keener prices in the competitive market. This is over two years in advance of the July 2007 deadline set down in electricity directive 2003/54/EC.

To date, the partial opening of the market has successfully broadened customer choice. The latest information available to me indicates that at the end of 2004, some 2,342 customers out of 13,500 eligible customers had switched supplier. In terms of eligible customers, as things stand all large customers and many small and medium-sized businesses are free to choose their electricity supplies from licensed suppliers other than ESB.

The "green" market has been fully liberalised since February 2000 and over 40,500 customers out of the electricity customer base have so far chosen "green" suppliers. My Department has itself changed to a "green" supplier, moving away from the ESB following a competitive process.

Indications are that at the end of 2004, the independent supply sector had increased its market share to some 33% by volume. The fully open market will encourage new entrants and provide existing players with opportunities to increase their market share. I look forward to seeing real competition taking root and flourishing in this sector for the benefit of all customers.

Turning to the plans for a second North-South interconnector, at a bilateral meeting in November 2004, Mr. Barry Gardiner, MP, the Northern Ireland Minister for Enterprise, Trade and Investment, and I endorsed plans put forward by the CER and the Northern Ireland Authority for Energy Regulation for the construction of a second interconnector. The proposed interconnector will provide increased system security and reliability. It will be a positive step towards further developing competition and will facilitate the development of a fully functioning single electricity market.

As a first step, the transmission system operators North and South have been requested to draw up a plan and to revert to the regulators by May 2005 with details of route options, ownership structures and other technical issues.

Telecommunications Services.

Róisín Shortall

Question:

96 Ms Shortall asked the Minister for Communications, Marine and Natural Resources when all of the State will be broadband enabled; the reason Northern Ireland has attained broadband enablement well before the Republic; and if he will make a statement on the matter. [3601/05]

Fergus O'Dowd

Question:

120 Mr. O’Dowd asked the Minister for Communications, Marine and Natural Resources the reason for the slow progress in regard to the provision of broadband facilities nationwide; and if he will make a statement on the matter. [3616/05]

Bernard Allen

Question:

137 Mr. Allen asked the Minister for Communications, Marine and Natural Resources his targets and objectives in regard to the availability of broadband services countrywide by the end of 2005; and if he will make a statement on the matter. [3690/05]

Joe Sherlock

Question:

150 Mr. Sherlock asked the Minister for Communications, Marine and Natural Resources his views on recent reports on the broadband deficit from Forfás and the Information Society Commission and on the high cost of broadband; and if he will report on the take-up of broadband by households and businesses for the three months up to the end of January 2005; and if he will make a statement on the matter. [3600/05]

Denis Naughten

Question:

162 Mr. Naughten asked the Minister for Communications, Marine and Natural Resources his preferred options for the provision of broadband services countrywide, whether by way of cable, wireless, satellite or combination thereof; and if he will make a statement on the matter. [3615/05]

John Gormley

Question:

164 Mr. Gormley asked the Minister for Communications, Marine and Natural Resources the number of metropolitan area network fibre-optic rings that have now been constructed and opened; and the details on the level of activity on each of these networks to date. [3682/05]

Bernard J. Durkan

Question:

289 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources his preferred options for the provision of broadband services countrywide, whether by way of cable, wireless, satellite or combination thereof; and if he will make a statement on the matter. [3952/05]

Bernard J. Durkan

Question:

290 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources the reason for the slow progress in regard to the provision of broadband facilities nationwide; and if he will make a statement on the matter. [3953/05]

Bernard J. Durkan

Question:

301 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources his targets and objectives in regard to the availability of broadband services countrywide by the end of 2005; and if he will make a statement on the matter. [3965/05]

I propose to take Questions Nos. 96, 120, 137, 150, 162, 164, 289, 290 and 301 together.

The provision of broadband facilities is a matter in the first instance for the private sector companies operating in a fully liberalised market. A number of factors determine whether broadband is offered in any area, including the level of investment required by the service provider, the likely number of customers for the service and so on.

My Department's regional broadband programme is addressing the infrastructure deficit, in cooperation with the local and regional authorities. Under that programme high speed open access broadband networks that will be used by the private sector companies to offer services at competitive prices will be built in almost 120 towns and cities with a population of over 1,500. To complement that my Department also administers a group and county broadband scheme for areas of lower population. Nineteen metropolitan area networks, MANs, have now been completed and a further seven are at construction phase. Commercial traffic is already being carried on some of the completed MANs. The MANs are being independently managed on an open access basis by E-Net, which was awarded the management contract in mid-2004.

In the second phase of the programme, MANs will be built in a further 35 towns of 1,500 population and over, in association with the local authorities. To date, 29 group broadband scheme projects, involving an aggregated public funding of almost €500,000, have been approved by me. Recent figures from ComReg indicate that there are now more than 125,000 broadband customers and the figure is increasing by over 30% per quarter. Broadband prices have become more competitive. There are now more than 130 companies listed on the ComReg website as offering internet access and this must be taken as an indication of the growing level of interest in broadband and the growing level of competition in the market. The bulk of the increase in broadband growth is confined to a limited number of companies.

As a result of rapid developments in broadband technology in recent years it is now possible to obtain broadband connectivity almost anywhere using the most appropriate technology for the location, such as wireless, cable, satellite, leased lines and DSL. Although more than 84% of Irish broadband customers use DSL, not every telephone line is suitable for this technology and in such cases another technology must be considered. My Department supports multiple technology solutions and choice in carrier and technology. There are 1.4 million speed line telecommunication consumers in Ireland. We estimate that there are in excess of 125,000 true broadband consumers, almost 9% market penetration. This is up from around 1,000 in March 2003.

The incontrovertible facts are that we are the lowest cost country in the OECD for international broadband; our regional broadband pricing is now on a par with the best in Europe, after Government intervention, and the price of the basic broadband package is at the EU average. Ireland is also the fastest growing broadband economy in the EU. The proof of our quality and cost of broadband is in the continued inward investment here of companies like Google, Overture, Amazon and so forth.

There are 45 different broadband offerings across a variety of technologies. In essence, there are broadband technologies to reach any broadband consumer in Ireland right now. Our group broadband scheme —€25 million — is specifically targeting small and rural communities. I believe the industry target should be 500,000 real broadband consumers by the end of 2006. That represents more than one third of the telecommunications market. Internet penetration will continue to grow because broadband is not the only means of accessing the Internet.

The Government target is to be in the top 10% of OECD countries by the end of 2007. That means a market penetration rate of in the region of 14%. That target is within early reach.

The Government is as interested in broadband quality as broadband quantity. That is why it is funding high speed fibre optic networks in 120 towns and cities. No country in Europe is rolling out advance broadband infrastructure at this rate. The Government has also put a PPP, E-Net, in place to manage these ultra high speed, open access networks. These networks are capable of delivering broadband speeds of 20,000 to 100,000 times faster than some current market offerings. They are an investment in the future of broadband and the Government has committed €170 million to their construction. These networks do not duplicate existing infrastructure. They are fibre-optic networks and most existing networks are copper wire. We are also rolling broadband out to all schools in the country by the end of 2005. This involves 4,200 schools and 4,200 communities.

The role of Government is to create the right regulatory environment for operators in the private sector to flourish. The second role of Government is to provide high speed open access infrastructure investment in parts of the country where the market is unlikely to make that investment. That is the rationale behind the metropolitan area network programme. The metropolitan area network programme is building advanced fibre-optic networks and linking the key business districts in about 120 towns throughout the country. These networks are the telecommunications equivalent of ring roads and should provide broadband infrastructural security in these towns and cities long into the next score years. Nobody else in the market is, or was, investing in this kind of long-term infrastructure. These networks will double the stock of high speed fibre optic cable in the country by the end of 2007.

Digital Industries.

Enda Kenny

Question:

97 Mr. Kenny asked the Minister for Communications, Marine and Natural Resources when responsibility for the digital hub project was transferred to his Department; and if he will make a statement on the matter. [2608/05]

Enda Kenny

Question:

126 Mr. Kenny asked the Minister for Communications, Marine and Natural Resources the costs which accrued to his Department in respect of the digital hub project; and if he will make a statement on the matter. [2609/05]

I propose to take Questions Nos. 97 and 126 together.

On 22 May 2001, the Government made an order transferring responsibility for the digital hub to the Minister for Public Enterprise whose functions regarding the hub were subsequently transferred to me. The hub provides state-of-the-art infrastructure to start up facilities for early stage, fast growth and established companies to undertake research and development into digital industries. It is based on a nine acre site in the Liberties area which was purchased at a cost of approximately €74 million. This figure includes €22 million spent on the former Media Lab Europe building which will remain in State ownership following the wind down of the lab.

There are now over 40 companies located there, employing more than 300 people, involved in a variety of areas including gaming, animation and mobile technologies. The hub also has social and community development aspects to its remit. The Diageo Liberties learning initiative, for example, has delivered 20 programmes involving more than 6,000 people, including 16 local schools, the wider community of the Liberties and the Irish digital media sector.

The digital hub uses an overdraft facility, secured by property in the hub, to meet its costs until its long-term development process is in place. These development plans will either take the form of a public private partnership or direct development by the agency itself. Borrowings require sanction from myself and the Minister for Finance. Annual running costs are approximately €2.5 million.

Question No. 98 answered with QuestionNo. 72.

Port Development.

John Gormley

Question:

99 Mr. Gormley asked the Minister for Communications, Marine and Natural Resources if he has been in contact with Dublin City Council to discuss the proposals from that authority for the development of a new urban area in the south docks area in Dublin; if the lands in question, which are used to store port container traffic, will be made available for such development; and the body or person who will make a decision in this regard. [3681/05]

Primary responsibility for this matter rests with my colleague, the Minister for the Environment, Heritage and Local Government. Issues relating to the use of land within the port estate are primarily a matter for the Dublin Port Company and I understand that the port company is in the process of preparing a formal submission to Dublin City Council on the framework plan for the Poolbeg peninsula and its implications for Dublin Port.

Aquaculture Development.

Eamon Gilmore

Question:

100 Mr. Gilmore asked the Minister for Communications, Marine and Natural Resources his plans to tackle cheap Norwegian salmon imports which are contributing to a crisis in the fish farming industry here; his views on whether production of Irish farmed salmon has dropped in recent years; the efforts he will make to revive this important industry; and if he will make a statement on the matter. [3579/05]

Following a decade of continuous expansion, the salmon farming industry has faced a number of difficulties over the past three years. The most significant of these has been a 30% drop in product prices as a result of distortion to the international market. Coinciding with this, Irish salmon farms have experienced exceptional mortality levels during 2003 and 2004.

At a national level, higher than average levels of pancreas disease have resulted in considerable losses, while in south Donegal exceptional salmon mortalities were experienced during 2003 which caused a total loss of production on three farms. These difficulties have led to significant financial losses for the industry. Annual production has fallen from a high of 23,313 tonnes in 2001 to its current level of 14,067 in 2004. The farmed salmon industry is worth about €59 million annually to the national economy. This is some 30% lower, however, than the value of the industry in 2001, prior to the difficulties outlined above. The international market for farmed salmon has suffered significant trading difficulties in 2003 and 2004. This was caused primarily by the impact of low price imports of Norwegian farmed salmon to the Community market.

The European Commission has accepted that there is a real problem which is undermining the market for Community producers. The Commission introduced provisional safeguard measures in August 2004 which lapsed on 6 December 2004, after they had been referred to the Council. I have worked closely with the authorities in UK and with industry representatives to press for strengthened safeguard measures. As a result of our combined efforts it is hoped that safeguard measures will be applied to the salmon market in the near future.

These measures will involve a minimum import price and a tariff quota. The introduction of safeguards should have a positive impact on EU price levels and subsequently the overall profitability of the Irish farmed salmon sector. These safeguard measures may be challenged at EU level over the coming months and, accordingly, further work may be necessary to ensure their retention.

In addition to seeking a level playing field for our salmon farmers in the EU marketplace, I have asked the Marine Institute to prioritise research into the possible causes and most effective treatment regimes for addressing the current pancreas disease problems which are affecting the industry. Under the national development plan, grant aid is available to support investment in aquaculture and this aid is available towards investment that increases the competitiveness of the Irish salmon farming sector through lowering the unit cost of production. The combination of these measures should, over time, result in an improvement in the position of the Irish industry vis-à-vis its international competitors.

BIM will also step up its marketing effort by pursuing a strategy of differentiating Irish farmed salmon in the home and international market, through the use of the world class product quality assurance scheme already in place, together with increased niche marketing of the unique Irish organic salmon.

Broadcasting Legislation.

Pádraic McCormack

Question:

101 Mr. McCormack asked the Minister for Communications, Marine and Natural Resources his preferred options for the development of radio communications in the context of the radio communications Bill; and if he will make a statement on the matter. [3611/05]

Bernard J. Durkan

Question:

285 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources his preferred options for the development of radio communications in the context of the radio communications Bill; and if he will make a statement on the matter. [3948/05]

I propose to take Questions Nos. 101 and 285 together.

The work involved in identifying and examining the various issues that need to be addressed in the context of a new radio communications Bill is at an early stage within my Department. I await the outcome of this work before making any decision on preferred options for inclusion within the proposed Bill.

Search and Rescue Service.

Róisín Shortall

Question:

102 Ms Shortall asked the Minister for Communications, Marine and Natural Resources his views on current developments in the Irish Coastguard and maritime safety agency; and if he will set a date for the provision of an emergency towing vessel service to protect mariners here and the Irish coastline; and if he will make a statement on the matter. [3602/05]

Officials in my Department are engaged in bringing together the safety services provided by the Irish Coastguard and the maritime safety directorate into a single body for greater co-ordination and more effective and efficient delivery of services. As part of this process, the closure of one of the three marine rescue co-ordination centres, one of a number of key recommendations of independent consultants Deloitte & Touche to develop the coastguard, is being advanced. The other recommendations made by the consultants will also be addressed as part of this process. Under the Government's decentralisation programme for the Civil Service, it is proposed to relocate the coastguard and maritime safety headquarters in Drogheda and this work is also being advanced now.

In regard to the provision of an emergency towing vehicle, I indicated in my reply to Question No. 418 on 26 January 2005 that the Department is examining how the recommendations of a working group on the matter can be progressed, having regard to the very significant costs involved. However, it is not yet possible to indicate when this examination will be complete.

Port Development.

Paul Nicholas Gogarty

Question:

103 Mr. Gogarty asked the Minister for Communications, Marine and Natural Resources the discussions he has undertaken with the Department of Transport on the ability of Dublin roads to take the further traffic that will result due to the predicted future growth in traffic into Dublin Port, in view of the recent EIS for the widened M50 motorway which shows that the road will be heavily congested from the moment of its reopening; and the implications for the rail freight services which are provided at Dublin Port. [3680/05]

Primary responsibility for road and rail infrastructure rests with my colleague, the Minister for Transport.

In 2002, the new Department of Transport was established. While ports remained under the aegis of the Department of Communications, Marine and Natural Resources, the Department works closely with the Department of Transport on matters relating to transport policy, particularly those issues which have a direct or indirect effect on port services. To ensure balanced regional development, the programme for Government accorded full recognition to the importance of competitive access maritime transport. In particular, the Government committed to ensuring that our ports are equipped for the demands of our growing economy through investment and development of seamless transport systems between all modes. This has been demonstrated, for example, by the Government investment in projects such as the Dublin Port tunnel and the Shannon Foynes access road.

The Government's ports policy statement was launched on 6 January 2005. It is available to view on the Department's website. The policy aims to better equip the port sector and its stakeholders to meet national and regional capacity and service needs. The policy statement highlights, inter alia, the substantial role of the commercial ports as part of the overall transport network and their reliance on landside transport connectivity. While recognising the close links that already exist, the policy statement commits to the necessity of intensifying co-ordination between the two Departments concerned to ensure effective integration of transport policy across all modes.

One of the key challenges ahead is the timely provision of adequate in-time port capacity. The internal resources of our commercial ports are not sufficient in general to fund large scale infrastructure projects. This is a significant challenge in view of the need for additional capacity at our ports over the coming years, particularly to cater for the growth in unitised trade. The Department is initially consulting with the commercial ports concerned to determine their view of port capacity and how they intend to deal with the projected capacity requirement.

The Department is interested in key projects identified by the commercial ports as essential to deal with anticipated capacity deficiencies to 2014 and beyond. The Department will co-ordinate with the Department of Transport in evaluating such projects to ensure that an integrated transport policy approach is adopted.

Finally, one of the three lift-on, lift-off container terminals at Dublin Port, operated by Dublin Ferryport Terminals, is rail connected. Details of services provided are available from Dublin Port Company.

Question No. 104 answered with QuestionNo. 81.

Special Areas of Conservation.

Eamon Ryan

Question:

105 Mr. Eamon Ryan asked the Minister for Communications, Marine and Natural Resources if the practice of pair trawling in the Shannon Estuary special area of conservation is in compliance with the habitat directives here in view of the fact that the area is a resident site and calving area for bottlenose dolphins and in view of the recorded history of dolphin bycatch with pair trawling. [3673/05]

While pair trawling does occur in the lower River Shannon candidate special area of conservation, SAC, I have been advised by the competent authority for the habitats directive, the Department of the Environment, Heritage and Local Government, that the fishing effort is regarded as low and seasonal in nature with vessels pursuing mainly sprat during late autumn and winter in an outer portion of the SAC.

I understand that the main calving season for bottlenose dolphins in this SAC is in early summer and consequently pair trawling is not considered to present a significant threat in that regard. I have also been advised that while some individuals may appear in the outer reaches of the SAC during the winter, the resident population appears to move into the inner reaches of the SAC during these months, taking them away from the area where pair trawling occurs. I will keep this matter under review, in consultation with the Department of the Environment, Heritage and Local Government.

Electricity Generation.

Willie Penrose

Question:

106 Mr. Penrose asked the Minister for Communications, Marine and Natural Resources his views on recent proposals to lease out some ESB generating stations; his further views on whether the leasing of power plants may potentially dilute the value of the ESB; and if he will make a statement on the matter. [3593/05]

I intend to have a comprehensive and strategic review of the electricity sector undertaken as soon as possible. One of the main issues covered in this study will be an examination of the vertically integrated structure of the ESB, including its dominance in the power generation sector.

I am aware that the management of the ESB, in its recent discussions with the ESB group of unions, raised the option of divestment regarding some of the generation portfolio in the context of dealing with the dominance issue. The group of unions, in its published position statement of 14 January 2005, rejected this option. Clearly, the ESB's dominance in power generation is a critical issue in terms of developing competition in the market and ensuring that the electricity sector contributes fully to national competitiveness. The conclusion of the review, in due course, will assist in bringing clarity to the issue raised by the Deputy.

Policy relating to the proper development of sectors, which were traditionally served by dominant State enterprises, to support economic development and national competitiveness should not be unduly influenced by concern about the value of the said enterprises.

Inland Fisheries.

Liam Twomey

Question:

107 Dr. Twomey asked the Minister for Communications, Marine and Natural Resources his views on the fact that the recently constructed weir on the River Nore at Kilkenny was allowed to be built even though it hinders the spawning of salmon; his further views on whether this may be repeated; and if he will make a statement on the matter. [3669/05]

While I am aware of the difficulties arising from the works undertaken on the weir on the River Nore in Kilkenny city, this project was undertaken on behalf of, and is therefore the responsibility of, the Office of Public Works. Due to the impact the new installation was having on the passage of migrating salmon up river, the regional fisheries board and the engineering division of this Department offered technical expertise to address the problem.

I understand from the chief executive of the Southern Regional Fisheries Board that his staff, in co-operation with the engineers in this Department and the Office of Public Works, have installed a temporary extension to the fish pass to ameliorate the situation and allow for the passage of fish up river. I am also advised that a long-term solution is planned and it is expected will be designed and completed during low water in the summer months.

Mobile Telephony.

Paul Kehoe

Question:

108 Mr. Kehoe asked the Minister for Communications, Marine and Natural Resources the extent to which he has monitored the development of mobile phone technology; if he has given directions or instructions in this regard; when he expects state-of-the-art technology to become available throughout the country; and if he will make a statement on the matter. [3665/05]

Bernard J. Durkan

Question:

315 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources the extent to which he has monitored the development of mobile phone technology; if he has given directions or instructions in this regard; when he expects state of the art technology to become available throughout the country; and if he will make a statement on the matter. [3982/05]

I propose to takes Questions Nos. 108 and 315 together.

The provision of telecommunications services and the development and roll out of mobile phone technology is primarily a matter for the mobile industry itself. The telecoms market is fully liberalised and regulated by the Commission for Communications Regulation, ComReg, which is independent in the exercise of its functions.

As Minister with responsibility for policy in this sector, I welcome all new technology developments and progress. I welcome the introduction of more innovation and competition in the sector, the entry of new players and new product offerings from existing and new suppliers, which mean greater choice and lower prices for consumers.

Television Licence Fee.

Gay Mitchell

Question:

109 Mr. G. Mitchell asked the Minister for Communications, Marine and Natural Resources his plans for the distribution of the television licence reserve fund; the full extent of this fund at present; and if he will make a statement on the matter. [3574/05]

Bernard J. Durkan

Question:

283 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources his plans for the distribution of the television licence reserve fund; the full extent of this fund at present; and if he will make a statement on the matter. [3946/05]

I propose to take Questions Nos. 109 and 283 together.

The Broadcasting (Funding) Act 2003 provides for the preparation and administration of a scheme or schemes by the Broadcasting Commission of Ireland, BCI, to support the production of certain categories of new programmes on radio and television services. The BCI has drawn up a scheme and in accordance with section 2(1) of the Act has submitted it to me for my approval. The scheme will also require approval of the European Commission as a new state aid.

That Act provides that drawing up the detail of any scheme along with its administration are matters for the BCI. Accordingly, once a scheme has been approved it is a matter for the BCI to determine when applications can be made, the manner in which awards are made and the resources to be devoted to administering the scheme. At the end of 2004 almost €17.5 million had been paid into the fund.

Fishing Fleet Modernisation.

Paul Nicholas Gogarty

Question:

110 Mr. Gogarty asked the Minister for Communications, Marine and Natural Resources the level of State finance that was provided over the past five years to support the building of new fishing vessels; the number of new vessels which were built to operate in the new deepwater fisheries that opened up in recent years; and the level of State support for these vessels. [3679/05]

The programme for the renewal of the whitefish fleet was introduced in 1998 as part of the Operational Programme for Fisheries 1994-1999. The programme was operated by Bord Iascaigh Mhara and included grant aid for the introduction of new and modern second-hand whitefish vessels, modernisation of existing vessels and safety grants.

Under the programme 29 new vessels were grant aided, ranging in size from nine metres to 37 metres in length. The total investment cost of these vessels was €48.2 million and this cost was supported by grant aid of €13.16 million consisting of €7.36 million in State aid — 25% of eligible costs — and €5.8 million in EU, FIFG, aid — 20% of eligible costs. Building on the success of the whitefish renewal scheme, a further measure, the fishing fleet development measure, was introduced as part of the NDP Operational Programme for Fisheries 2000-2006.

Under the fishing fleet development measure, which was also operated by BIM, 35 new vessels ranging from nine metres to 37 metres in length were approved for grant aid with an estimated investment of €55 million. Total grant aid approved was €14.38 million consisting of €1.80 million in State aid, 5% of eligible costs, and €12.58 million in EU-FIFG aid, 35% of eligible costs. By 1 February 2005, 32 of these vessels have been delivered with the remaining three expected in the next two months to complete the measure.

Deep sea quotas were introduced for the first time in 2002. Revised quotas for 2005 and 2006, involving cuts of 15%, were agreed at last December's Council. Total allowable catches, TACs, and quotas were also introduced for a number of additional deep sea stocks at the December Council. In addition, a closed area off the west coast was put in place in respect of the orange roughy fishery. These measures are being introduced with the intention of providing for a sustainable deep sea fishery into the future. In respect of the stocks subject to TACs, most of which are high value, the Irish fleet has quotas of 2,954 tonnes available to it in 2005. On the basis of these allocations and additional opportunities for other non-quota stocks, the deep sea fishery remains important to the Irish fleet.

Of the 21 vessels over 24 metres in length, only two were specifically designed with the capacity to target exclusively deep water species. Both vessels, however, retain all the attributes and equipment required to allow them also target traditional, non-deep water stocks. All the vessels introduced were replacing vessels in the fleet and, as such, did not add capacity to the fleet. They were introduced to enhance the operational efficiency, competitiveness and safety of the whitefish fleet in respect of traditional quota stocks and new species.

I am satisfied that the investment in the whitefish fleet has enabled this sector to meet the challenges facing it, that it will ensure the maximum value is obtained from fully exploited volume restricted fisheries and that it has promoted the development of the important deep sea fisheries and more selective fishing technologies.

Electricity Generation.

Ruairí Quinn

Question:

111 Mr. Quinn asked the Minister for Communications, Marine and Natural Resources his views on the recent European Commission report on the internal market for gas and electricity here and on the December 2004 EUROSTAT figures on electricity prices; if his attention has been drawn to the fact that the report clearly refers to the high costs of using the electricity network; the action he intends to take in view of this report; and if he will make a statement on the matter. [3594/05]

I am aware of the report and statistics referred to by the Deputy.

I have no function in electricity network costs. This is a matter which falls within the statutory responsibility of the Commission for Energy Regulation.

Post Office Network.

Mary Upton

Question:

112 Dr. Upton asked the Minister for Communications, Marine and Natural Resources his views on recently published submissions from the Irish Postmasters Union relating to financial supports for postmasters and the local post office network to enable the retention of a viable network across the country and the full discharge of the public postal service obligation; and if he will make a statement on the matter. [3605/05]

This Government and the board of An Post are committed to the objective of securing a viable and sustainable nationwide post office network as set out in the programme for Government. I have met the Irish Postmasters Union and listened with interest to its views on the future development of the network. My officials continue to be in regular contact with the management of An Post to assist with securing and developing our post office services.

The post office network has been the subject of a number of studies and reviews in recent years. Many of the recommendations arising from these reviews have been implemented, with particular regard to winning new business, including extra banking and new utility business. The Government has already provided an equity injection of €12.7 million for An Post to facilitate the modernisation of the post office network. The equity injection was paid to the company in 2003.

With regard to the recent publications from the Irish Postmasters Union concerning financial supports for postmasters, this is primarily a matter for the company and the Irish Postmasters Union. However, I understand the Flynn review recommended increases for postmasters of between 12% and 19%, with effect from January 2001. These increases have been fully implemented as have national pay awards, where applicable, with the exception of Sustaining Progress, for which the company has pleaded inability to pay. Contracts in place between An Post and members of the Irish Postmasters Union are of a commercial nature and are based, in most instances, on the level of transactions carried out by individual offices.

There is widespread recognition that the best strategy to sustain the network is for An Post to continue adapting to its customer needs within the financial constraints in which it now finds itself. In this regard I have asked the Irish Postmasters Union and An Post to work in partnership to maximise their efforts to secure the existing business and to pursue new business at every available opportunity.

Garda Investigations.

Liz McManus

Question:

113 Ms McManus asked the Minister for Communications, Marine and Natural Resources if he has received any report from the Garda into allegations of irregularities in the fishing industry in Killybegs, County Donegal; if so, the main conclusions of the report. [3586/05]

The matters to which the Deputy refers to are the subject of investigations by the Garda Síochána. The timeframe for this investigation is a matter for the Garda Síochána. I have received no report about these investigations. It would be inappropriate for me to comment further or make a statement at this time.

Inland Fisheries.

Eamon Ryan

Question:

114 Mr. Eamon Ryan asked the Minister for Communications, Marine and Natural Resources the estimated size of the wild salmon stock on the rivers Liffey and Boyne; the fish counting and measures which are planned on each river to return the stocks to sustainable conservation levels; and his estimate of the number of salmon returning to these rivers which will be intercepted in driftnets to the north, west and south of the country. [3674/05]

Under the Fisheries Acts, primary responsibility for the conservation and management of salmon stocks rests with the relevant regional fisheries board, which in this case is the Eastern Regional Fisheries Board. I am advised by the board that data on the total run of salmon into the rivers Liffey and Boyne are provided by counters managed by the board and the Marine Institute. Information gathered by the board under the national salmon carcass tagging and logbook scheme provides an accurate estimate of both the commercial catch and rod catch. A measure of the number of salmon from the Boyne and Liffey which are caught in fisheries outside their districts is available from the Marine Institute's national coded wire tagging and tag recovery programme.

I am advised by these agencies that, from these data, the total stock returning to the Boyne in 2004 was estimated at 7,933 salmon, of which 23% was captured by commercial nets and 11% were caught by rod and line within the district, and 22% may have been captured by commercial nets outside the district.

I am further advised that the total stock returning to the Liffey in 2004 was estimated at 992 salmon. The river is fished very little for salmon and almost no commercial fishing takes place. Less than 25 salmon were taken by all means in 2004. It is estimated that some 16% of returning salmon may have been captured by commercial nets outside the fishery district.

I rely upon the advice of the National Salmon Commission and the regional fisheries boards' managers in determining the conservation and management measures, including the district quotas for the commercial salmon catch necessary to protect salmon stocks and which are implemented under the wild salmon and sea trout tagging scheme. The National Salmon Commission and the fisheries managers have yet to complete their review of the scheme's operation in 2004 and finalise recommendations for the operation of the scheme in 2005. These recommendations, which may include specific measures aimed at restoring the more vulnerable stocks to sustainable levels, will be finalised towards the end of February. It is my intention to meet the National Salmon Commission and receive its advice at that time.

I will consider fully all of the measures recommended to me by the National Salmon Commission and the fisheries managers within the context of the Government's current strategy, which is to develop a sustainable commercial and recreational salmon fishery through aligning catches on the best available scientific advice.

Fishing Industry Development.

Ciarán Cuffe

Question:

115 Mr. Cuffe asked the Minister for Communications, Marine and Natural Resources the research he conducts on the final destination and use of fish stocks caught by the Irish fleet; his estimate of the percentage of the blue whiting catch in 2004 which was sold to be processed for human consumption and the percentage which was sold for processing for other uses. [3677/05]

The market development division of Bord Iascaigh Mhara, BIM, is responsible for the market development of the Irish seafood sector. To this end it monitors the species and market sectors into which Irish seafood is sold. It compiles statistics on the market and in particular comprehensive data are available on the Irish market, which is considered the most important market for Irish seafood. These data are broken down into fresh and frozen fish either whole or filleted and also on a geographical export-import basis. The overseas offices of BIM in France, Germany and Spain also liaise on an individual basis with buyers.

Provisional data available to me for 2004 indicate that 27% of the total landings of blue whiting were for human consumption while 73% of the landings were sold for fishmeal. I secured a substantial increase in the quota for blue whiting for 2005 and I have asked Bord Iascaigh Mhara, BIM, in conjunction with the industry, to work on developing a significant human consumption market for vessels landing blue whiting into Irish ports to maximise the benefits of this fishery. To this end BIM and the industry are exploring ways of developing this market.

I understand that initial market investigations have indicated that the Chinese market for blue whiting is good and that significant quantities of blue whiting were exported to China in 2004. I am confident that this will remain positive for 2005 and that further investigation for market possibilities for blue whiting in Africa and eastern Europe will further boost the processing sector.

Postal Services.

Bernard J. Durkan

Question:

116 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources the extent to which he has received communication from or given directions to An Post in the matter of the future of the postage, sorting and distribution services throughout the country; if he has received any information regarding the future use of post offices and sub-post offices; and if he will make a statement on the matter. [3563/05]

Since taking office, I have met the chairperson and the chief executive of An Post and with the board of An Post. I have also met union representatives. Departmental officials meet with An Post management on a monthly basis to be updated on significant issues. I am advised on the outcome of the monthly meetings.

With regard to the future of postal services throughout the country, there is agreement that change is required if the postal services of An Post are to adapt to the changing environment and to continue to offer a good service to the customer. To progress the change agenda, an exhaustive process of negotiation between An Post management and An Post trades unions has taken place over the last year. In particular, negotiations between company management and the Communications Workers Union, under the auspices of the Labour Relations Commission, were ongoing for most of 2004 but to date, despite much good work, the negotiations have not been brought to a successful conclusion. To keep up the momentum of the process and in an effort to resolve all remaining difficulties, the outstanding issues on collection and delivery arrangements will come to the Labour Court for hearing on 7 February with a view to agreeing a way forward in implementing a recovery strategy aimed at returning the company to a secure financial footing.

The challenge is for both sides to redouble their efforts to agree to put in place and to manage the changes necessary to enable An Post to thrive in an increasingly competitive marketplace. Its efforts in this regard will have the support and assistance of the State's industrial relations machinery.

With regard to the future of the post office network, this Government and the board of An Post are committed to the objective of securing a viable and sustainable nationwide post office network as set out in the programme for Government. I have met the Irish Postmasters Union and listened with interest to its views on the future development of the network. My officials continue to be in regular contact with the management of An Post to assist with securing and developing our post office services.

The post office network has been the subject of a number of studies and reviews in recent years. Many of the recommendations arising from these reviews have been implemented, with particular regard to winning new business, including extra banking and new utility business.

There is widespread recognition that the best strategy to sustain the network is for An Post to continue adapting to its customer needs within the financial constraints in which it now finds itself. In this regard I have asked the Irish Postmasters Union and An Post to work in partnership to maximise their efforts to secure the existing business and to pursue new business at every available opportunity.

Offshore Exploration.

Seán Ryan

Question:

117 Mr. S. Ryan asked the Minister for Communications, Marine and Natural Resources the main implications of the new exploration licensing round off the west coast of Ireland; the extent of interest in the licensing round to date; the type of developments he envisages may result from the round; and if he will make a statement on the matter. [3598/05]

In January, I announced some details of a new licensing round in the Slyne, Erris and Donegal basins off the west and north-west coast. I will announce further details at the end of next month. This is the second phase of a policy to open areas with exploration potential — the first phase is the licensing round in the north-east Rockall basin, which closes on 31 May 2005.

The acreage on offer in the Slyne, Erris and Donegal basins will cover an area of approximately 25,000 sq. km. The hydrocarbon potential of the area has been illustrated by the Corrib gas field, which is undergoing development. This constitutes a new opportunity for exploration in an area that remains under-explored. The infrastructure of the Corrib field could significantly reduce the development cost of any further commercial discoveries in the area.

It is too early at this stage to gauge the level of interest in the licensing round. The closing date of the licensing round is 15 March 2006 and the area will remain closed until then. The level of interest in the licensing round will become more apparent as we approach that date.

Digital Industries.

Pat Breen

Question:

118 Mr. P. Breen asked the Minister for Communications, Marine and Natural Resources the plans for the replacement of the anchor tenants at the digital hub; if he expects to be in a position to recoup any or all of the State’s liability arising therefrom; and if he will make a statement on the matter. [3363/05]

Joe Higgins

Question:

124 Mr. J. Higgins asked the Minister for Communications, Marine and Natural Resources if he will report on contact between his Department and the board of a company (details supplied) before the announcement of the decision to close the research centre in the digital hub. [1461/05]

Bernard J. Durkan

Question:

272 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources if, in view of his previously expressed confidence in the digital hub concept, he expects to be in a position to identify a replacement anchor tenant; if Government expenditure to date is likely to be recoupable; and if he will make a statement on the matter. [1565/05]

I propose to take Questions Nos. 118, 124 and 272 together.

MediaLab Europe, MLE, was formed by an agreement between the State and the Massachusetts Institute of Technology, MIT, and was in operation since early 2000. It was established to conduct non-directive research in the field of digital media.

The Government invested €35.5 million in start-up capital for MLE. Property was also purchased for MLE to the value of €22.5 million. The property remains in State ownership. The Government has met all its contractual obligations arising from the venture.

While it is acknowledged that research will generally require State support, the uniqueness of the MLE model, as presented initially to Government, was that it would be self funding by 2005. However, the financial situation deteriorated significantly in recent times due to MLE being unable to raise the necessary sponsorship and corporate income required and as envisaged in its business plan.

In February 2004, the Government liaison committee, GLC, made up of Departments with an interest in the MLE operation, wrote to the board of MLE requesting that it undertake a fundamental review of its business model and produce a strategic plan. The board of MLE submitted its strategic plan to the Department on 7 May 2004, which included a request for additional Exchequer funding of €9 million over three years.

Following this, extensive efforts were made to agree a restructuring of MLE that would allow it to move forward on a sustainable basis. This included detailed independent assessment of MLE's strategic plan and its progress towards achieving its high level objectives; discussions with the relevant Departments; discussions with the research and educational agencies and third level institutions; discussions with the business and development agencies; direct negotiations with MIT; and discussions with the board and executive of MLE. However, a package that would be acceptable to the Government failed to emerge and the decision was taken that no further Exchequer funding would be provided. The board of MLE took the decision to wind down operations.

I am considering the options for a new research entity at the MLE facilities. Issues being addressed include the need to secure greater focus on sustainable research and more directive research in a new business model; better links to Irish universities; improved corporate governance in accordance with general guidelines for State bodies; and effective management.

Considering the importance of the ICT sector to the Irish economy, the significance of digital media in the broader ICT sector and the need for commitment to research and development in this field, there is a need to make a comprehensive assessment of what model and structures should be put in place as part of a new research entity. It is my intention, therefore, to initiate a consultation process with third level institutes, industry, Government agencies, the private sector and the digital hub to establish what the research focus, structure and objectives of the new entity should be.

Drawing on the results of the consultation, the Government will make decisions regarding the shape of a new research entity. It is envisaged that there will be an open tendering process for any new entity to be established on the site and that Irish third level institutes and universities will be eligible to apply.

Broadcasting Services.

Damien English

Question:

119 Mr. English asked the Minister for Communications, Marine and Natural Resources his preferences in respect of the future of the public and private broadcasting sectors; and if he will make a statement on the matter. [3661/05]

Tom Hayes

Question:

134 Mr. Hayes asked the Minister for Communications, Marine and Natural Resources his plans for the development of broadcasting services, with particular reference to both the public and private sectors; and if he will make a statement on the matter. [3662/05]

Michael Ring

Question:

136 Mr. Ring asked the Minister for Communications, Marine and Natural Resources his preferred options in respect of the most desirable role to be played by both the public and private broadcasting sectors; and if he will make a statement on the matter. [3660/05]

Bernard J. Durkan

Question:

311 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources his preferred options in respect of the most desirable role to be played by both the public and private broadcasting sectors; and if he will make a statement on the matter. [3977/05]

Bernard J. Durkan

Question:

312 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources his preferences in respect of the future of the public and private broadcasting sectors; and if he will make a statement on the matter. [3978/05]

Bernard J. Durkan

Question:

313 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources his plans for the development of broadcasting services with particular reference to both the public and private sectors; and if he will make a statement on the matter. [3979/05]

I propose to take Questions Nos. 119, 134, 136 and 311 to 313, inclusive, together.

I refer to my reply to Question No. 137 on 21 October 2004. I am of the opinion that Irish viewers will be best served by a broadcasting environment that includes a strong public service broadcasting presence in the form of RTE and an independent TG4, together with private broadcasters. Digital television offers opportunities for Irish viewers to avail of an increased number of broadcasting services, including new services of particular relevance or interest to Irish audiences. An indication of this is the fact that the Broadcasting Commission of Ireland has licensed a number of new television services in recent months.

Question No. 120 answered with QuestionNo. 96.

Fishing Industry Development.

Jim O'Keeffe

Question:

121 Mr. J. O’Keeffe asked the Minister for Communications, Marine and Natural Resources his views on whether the fact that the quota management system here is based on statutory regulations rather than being regulated by industry management as in other EU countries causes more difficulty for Irish fishermen; and if he will consider changing the system to one which is clearly more flexible to operate. [3686/05]

Under the current management system for our quotas, officials from this Department meet industry representatives at the start of the year, and on a monthly basis thereafter, to discuss how best to manage the quotas available to us. On the basis of these discussions, management regimes are agreed and implemented for the individual stocks. The guiding principles of this process have been to ensure that fisheries remain open, even where the available catch is very limited due to the size of the quota, and that Ireland fulfils its legal obligations to effectively enforce fisheries regulations and conservation measures.

I recognise that our current arrangements for quota management have been in place for many years and require review and adjustment. We need to take account of the substantial investment, with grant aid support, that has taken place in recent years and the reality that the current system was put in place at a time when our whitefish quotas were significantly higher. I am committed to a root and branch review of how we manage our whitefish quotas.

I intend to have an independent economic assessment undertaken of the fishing possibilities which are available to our whitefish fleet and comparing this with the fishing opportunities that will be required to ensure a long-term viable future for our whitefish fleet. This study will review the quota management system taking into account the views of the sector and systems in operation in other countries. It will then make recommendations on the options for change, taking account of our fleet structure and fishing possibilities.

This study will inform the level and nature of changes which we will need to bring to our quota management system and our future fleet policies for the whitefish fleet. I will fully involve the industry representatives in how we take the recommendations forward.

Television Licence Fee.

Joe Costello

Question:

122 Mr. Costello asked the Minister for Communications, Marine and Natural Resources the main conclusions of the recent consultants report commissioned by his Department into the way in which RTE uses licence fee money; his views on whether RTE is using the licence fee revenue to suppress advertising rates in order to keep the competition under constant revenue pressure; and if he will make a statement on the matter. [3578/05]

The Government decision of December 2003 to increase the cost of a television licence by €2 required that the Minister for Communications, Marine and Natural Resources arrange for an external review on the impact on all broadcasters of the licence fee paid by the public to RTE, with particular emphasis on the advertising market. That review was carried out in October-November 2004 by a team of independent consultants headed by a London based firm, Europe Economics, and included Irish firms Curtin Dorgan Associates and PricewaterhouseCoopers.

Shortly after I received the independent consultants report I brought the report to the attention of Government and then published it. I have arranged for a copy of the report to be forwarded to the Deputy. It is also available on the Department's website at http://www.dcmnr.gov.ie/Home/Broadcasting/Latest+Broadcasting+News.htm.

Having regard to the report's conclusions, I do not propose taking any further action in the matter.

Postal Services.

Emmet Stagg

Question:

123 Mr. Stagg asked the Minister for Communications, Marine and Natural Resources if he will report on the publication of the Postal (Miscellaneous Provisions) Bill 2001 and on recent industrial relations at An Post; and if he will make a statement on the matter. [3604/05]

The Postal (Miscellaneous Provisions) Bill which was published in 2001 provides for the issue, sale and disposal of shares in An Post in the context of an employee share ownership plan, ESOP, and possible strategic alliance. The Bill also contains ancillary provisions arising out of a possible change of ownership.

The financial and industrial relations environment in An Post has changed substantially since 2001. Following operational losses of almost €43 million in 2003, the An Post board approved a recovery strategy for the company. The implementation of the recovery strategy is contingent on agreement with the trades unions to radical restructuring. Negotiations have been ongoing with the trades unions for over a year now and critical aspects will shortly be moving to the Labour Court for final determination.

With the IR situation in An Post at a delicate and critical stage, it would seem prudent to defer consideration of the issues provided for in the Bill until a resolution is found to the IR issues. For this reason, a decision has been taken, in conjunction with the Chief Whip, to withdraw the Bill from the Dáil Order Paper.

Question No. 124 answered with QuestionNo. 118.

Emmet Stagg

Question:

125 Mr. Stagg asked the Minister for Communications, Marine and Natural Resources his views on the proposed introduction of postcodes to the whole of Ireland; and if he will make a statement on the matter. [3603/05]

I am favourably disposed towards the introduction of postcodes because of the case made that a national postcode system would offer significant potential benefits for the postal business, for public utilities, for business and for consumers. Since coming to office I have directed that a full examination of the issue be progressed and my final decision will be based on this examination.

The Commission for Communications Regulation, whose remit includes postal issues, produced a report just recently which followed a consultative process held in November 2003. The report is broadly favourable to the introduction of a postcode system and is a useful contribution to the debate on the issue. My Department is at present examining the matter in conjunction with a small working group comprising representatives from An Post, the Commission for Communications Regulation, private postal operators and the Department of the Environment, Heritage and Local Government. That group will report to me by the end of March and I will then be in a position to decide on what further action is needed on the postcode issue.

Question No. 126 answered with QuestionNo. 97.

Electricity Generation.

Joe Sherlock

Question:

127 Mr. Sherlock asked the Minister for Communications, Marine and Natural Resources if he will provide the latest available figures on sources of energy in the generation of electricity in the State, namely the percentage of the total of electricity produced from oil, coal, natural gas, peat, hydro-energy, wind energy, solar energy and all other sources; and if he will make a statement on the matter. [3599/05]

The information sought by the Deputy is set out in the following table.

%

Coal

26.51

Peat

10.36

Oil

11.88

Gas

47.08

Hydro

1.02

Wind

0.78

Landfill Gas

0.33

Bio Gas

0.04

Imports

2.00

Source: Sustainable Energy Ireland.

Broadcasting Services.

Olivia Mitchell

Question:

128 Ms O. Mitchell asked the Minister for Communications, Marine and Natural Resources the extent to which he expects TG4 to proceed on a stand-alone basis in the future; and if he will make a statement on the matter. [3573/05]

Bernard J. Durkan

Question:

282 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources the extent to which he expects TG4 to proceed on a stand-alone basis in the future; and if he will make a statement on the matter. [3945/05]

I propose to take Questions Nos. 128 and 282 together.

I refer the Deputies to my reply to Question No. 114 of 3 February 2005.

Communications Masts.

Dan Boyle

Question:

129 Mr. Boyle asked the Minister for Communications, Marine and Natural Resources the reason there is no local or national register of the location of mobile phone masts; and if ComReg will ensure that such information becomes publicly available. [3675/05]

The national register of the location of mobile telephone masts is available on the website of the Commission for Communications Regulation, ComReg, at www.comreg.ie, called “site viewer”. The site viewer uses a database of national mobile phone base stations and is accessible to the public.

Telecommunications Services.

David Stanton

Question:

130 Mr. Stanton asked the Minister for Communications, Marine and Natural Resources if he will commit his Department to a timeframe for the completion of negotiations with mobile phone operators on the subject of lowering costs of SMS messages for deaf and moderately deaf persons; and if he will make a statement on the matter. [3569/05]

Bernard J. Durkan

Question:

279 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources if he will commit his Department to a timeframe for the completion of negotiations with mobile phone operators on the subject of lowering costs of SMS messages for deaf and moderately deaf persons; and if he will make a statement on the matter. [3941/05]

I propose to take Questions Nos. 130 and 279 together.

Discussions are ongoing between my officials and the mobile phone operators about the costs of SMS messages for deaf and moderately deaf persons. I also understand that the mobile operators are in discussions with the national associations representing deaf people on how products and services can be enhanced for deaf people. I hope to be in a position to make an announcement on the outcome of these discussions soon.

Proposed Legislation.

Olwyn Enright

Question:

131 Ms Enright asked the Minister for Communications, Marine and Natural Resources his plans as outlined in the programme for Government in respect of the Minerals Development Bill; and if he will make a statement on the matter. [3612/05]

Bernard J. Durkan

Question:

286 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources his plans as outlined in the programme for Government in respect of the Minerals Development Bill; and if he will make a statement on the matter. [3949/05]

I propose to take Questions Nos. 131 and 286 together.

The programme for Government includes the commitment that we will consolidate the Minerals Development Acts. The Minerals Development Acts 1940 to 1999 comprise five primary measures and a number of regulations have been made thereunder. Consolidation is certainly advisable, therefore, in the interests of better regulation. However, experience in the past 20 years since the last major minerals Act was passed has shown that the legislation also needs updating and amending to address problems and changes in policy and environment which have arisen and to streamline the permitting process.

Policy in this area has been under review in my Department for some time and legal advice has been sought on a number of complex issues which it is hoped can be addressed in new legislation. Any such provisions will have to be carefully considered to uphold the constitutional protection of private property rights. I hope to be in a position to bring forward proposals later this year but this will be contingent on satisfactory resolution of legal issues and will require extensive prior consultation with a wide variety of stakeholders.

Mobile Telephony.

Billy Timmins

Question:

132 Mr. Timmins asked the Minister for Communications, Marine and Natural Resources if he has received any communications from ComReg which would indicate any breach in health or safety standards arising from the use of hand-held mobile telephones or communications masts, with particular reference to non-ionising radiation; and if he will make a statement on the matter. [3637/05]

Bernard J. Durkan

Question:

296 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources if he has received any communications from ComReg which would indicate any breach in health or safety standards arising from the use of hand-held mobile telephones or communications masts, with particular reference to non-ionising radiation; and if he will make a statement on the matter. [3960/05]

I propose to take Questions Nos. 132 and 296 together.

In June 2003, my Department instigated an extensive communications site survey programme to measure non-ionising radiation from telecommunications mast sites, which was carried out by the Commission for Communication Regulation, ComReg, during 2003 and 2004. The total number of sites surveyed was 401. Not one of these sites was found to be in breach of international guidelines. Details of the results of this survey are available at the ComReg website, www.comreg.ie.

My Department to date has not received any communication from ComReg which would indicate any breach of health or safety standards arising from this survey or from mobile telephones.

Seymour Crawford

Question:

133 Mr. Crawford asked the Minister for Communications, Marine and Natural Resources if he has had discussions with ComReg arising from the recently published Stewart report; and if he will make a statement on the matter. [3638/05]

Liam Twomey

Question:

149 Dr. Twomey asked the Minister for Communications, Marine and Natural Resources if he has studied the contents of the Stewart report in regard to mobile telephone safety; and if he will make a statement on the matter. [3640/05]

Bernard J. Durkan

Question:

297 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources if he has had discussions with ComReg arising from the recently published Stewart report; and if he will make a statement on the matter. [3961/05]

Bernard J. Durkan

Question:

299 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources if he has studied the contents of the Stewart report in regard to mobile telephone safety; and if he will make a statement on the matter. [3963/05]

I propose to take Questions Nos. 133, 149, 297 and 299 together.

The independent expert group on mobile phones, IEGMP, chaired by Sir William Stewart, was set up in 1999. It issued its report, Mobile Phones and Health, in May 2000. This report is commonly referred to as the Stewart report. There have been numerous reports since then. The remit of IEGMP was to consider present concerns about the possible health effects from the use of mobile phones, base stations and transmitters; to conduct a rigorous assessment of existing research; to give advice based on the present state of knowledge; to make recommendations on further work that should be carried out to improve the basis for sound advice.

The Stewart report provides information on the interaction of radiofrequency fields with tissues. It examines epidemiological — human health — studies, research on cells in culture, experimental animals as well as on volunteers, and concerns about the use of mobile phones and driving. It also describes the operation of mobile phones and reviews recommendations on exposure standards for RF radiation.

The main conclusions on health effects in the Stewart report can be summarised as follows: exposure to RF radiation below guidelines does not cause adverse health effects to the general population; there is some scientific evidence which suggests that there may be biological effects occurring at exposures below these guidelines; biological effects do not necessarily result in health effects; gaps in knowledge justify a precautionary approach to the use of mobile phone technologies until much more detailed and scientifically robust information on any health effects becomes available; there are possible indirect effects on well being in some cases; drivers should be dissuaded from using either hand-held or hands-free phones whilst on the move.

My Department has had discussions in general with ComReg about compliance with the global limits for non-ionising radiation established by the International Commission for Non-Ionising Radiation Protection, known as the ICNIRP guidelines, and not in regard to specific individual reports.

Question No. 134 answered with QuestionNo. 119.

Telecommunications Services.

Brendan Howlin

Question:

135 Mr. Howlin asked the Minister for Communications, Marine and Natural Resources if his attention has been drawn to a recent European Commission report showing that consumers here are paying some of the highest Internet rates in Europe; if his attention has been drawn to the Commission’s concern that Ireland’s Internet provider market is not sufficiently competitive; if he plans to take any action in this regard; and if he will make a statement on the matter. [3582/05]

The regulation of telecommunications operators is the responsibility of the Commission for Communications Regulation, ComReg, in accordance with the requirements of the Communications (Regulation) Act 2002 and regulations made under the EU regulatory framework for electronic communications.

I understand, following consultation with the Deputy by my officials, that the article to which the Deputy refers deals with the cost of local loop unbundling. ComReg has undertaken a number of initiatives to improve local loop unbundling and stimulate competition. These include consulting on the potential reduction of the wholesale price for line share, the use of a phone line for broadband while Eircom keeps control of the phone line for calls — ComReg has suggested that the price of this should be reduced from €9 to 39 cent; directing Eircom, in January 2005, to commence work on development of improved processes which will allow other operators to offer effective voice and broadband products on their own infrastructure using LLU. The acceleration of local loop unbundling should stimulate improved competition and, thus, better prices for consumers

Question No. 136 answered with QuestionNo. 119.
Question No. 137 answered with QuestionNo. 96.

Electricity Generation.

Michael D. Higgins

Question:

138 Mr. M. Higgins asked the Minister for Communications, Marine and Natural Resources if his attention has been drawn to the latest ESB generation adequacy report which states that there may be a significant shortage of power stations in years ahead if the ESB and other electricity companies do not improve the reliability of their plants; the consequences he foresees should such a situation arise; if there are any measures he can take to prevent this; and if he will make a statement on the matter. [3581/05]

I am aware of the recently published fourth generation adequacy report 2005-2011, published by the transmission system operator, as referred to by the Deputy. The findings of this statutory annual report inform and augment policy developments in this area. The report looks at different scenarios to identify any potential gap between generating capacity and demand and consequences arising. The reliability of the generation plant is the key variable which distinguishes these scenarios.

The CER, in conjunction with the ESB, ESB national grid and my Department, is assessing the generation adequacy report findings to consider how any potential shortfalls in generation capacity between now and 2009 can be mitigated. An ESB plant productivity programme is already in place to enhance its availability. To ensure that the programme delivers, the CER will impose penalties for failure to deliver on a progressive basis. In the event that the ESB cannot meet availability targets, the CER will explore the feasibility of extending the short-term capacity measures already in place to meet peak demand. These include the use of temporary peaking plant and increased use of the North-South interconnector.

In the medium term, significant committed new thermal generation capacity of up to 532MW is scheduled to be brought on stream during late 2005 and 2006 by Aughinish Alumina Limited and Tynagh Energy Limited. In addition, Viridian Huntstown Power Limited, has announced its intention to proceed with a second new 400MW generating station at Huntstown. Plans are in train to construct a second North-South interconnector. In addition, the Government has given approval to proceed with the development of two 500MW electricity interconnectors between Ireland and Wales. When operational, these interconnectors will further enhance security of electricity supply. With the development of an all-island energy market capacity benefits should also accrue.

In forthcoming regulations to implement the electricity directive, 2003/54/EC, the statutory role of monitoring security of electricity supply will be formally assigned to the CER. The CER will be empowered to take any measures necessary to protect security of supply. In particular, it can host a competition to acquire the necessary generation or it can direct the TSO, ESB or any licensed undertaking to undertake any arrangements that the CER considers necessary to protect security of supply.

Mobile Telephony.

Jan O'Sullivan

Question:

139 Ms O’Sullivan asked the Minister for Communications, Marine and Natural Resources if his attention has been drawn to a recent report in Britain into mobile phone use which indicates that the health risks of mobile phones have been underestimated by most scientists; if, in view of this report, he is considering issuing specific instructions on the health risks attached to mobile phones; if he plans to initiate any such investigation here; and if he will make a statement on the matter. [3592/05]

My Department maintains a watching scientific brief on health issues relating to non-ionising radiation, including mobile telephony. The Department's involvement in matters concerning the health effects of non-ionising radiation, which includes radio frequency emissions from mobile phone base stations, is guided by advice from national and international health authorities which include the World Health Organisation of the United Nations.

Mobile telephones are in use internationally. The limits for non-ionising radiation are global limits established internationally by the International Commission for Non-Ionising Radiation Protection, ICNIRP. There is no scientific evidence to date that exposure up to these limits is damaging to health. Accordingly, I do not propose at this time to issue specific instructions on the health risks attached to mobile phones or to initiate such an investigation. My Department will continue to liase with the appropriate international bodies to ensure that the standards operating in Ireland comply with the ICNIRP guidelines.

Television Licence Fee.

Kathleen Lynch

Question:

140 Ms Lynch asked the Minister for Communications, Marine and Natural Resources the reasons behind the decision to grant an increase of €3 in the television licence fee from 1 April 2005; and if he will make a statement on the matter. [3585/05]

When the Government agreed to an increase in the level of the television licence fee in December 2002, it was a condition of that increase that the level of the licence fee would be subject to an annual adjustment using a consumer price index, CPI, minus X formula, following an independent annual review of RTE's performance in the previous year. The second such annual review was carried out by independent consultants PricewaterhouseCooper in October-November 2004.

The report's key findings were that RTE performed strongly in the programming, financial management and commercial areas. The report also found that there is a scope for some improvement in the company's approach to change management but was positive about what has been achieved to date. Full details of the report are available on my Department's website http://www.dcmnr.ie.

Having considered the report, I decided to increase the cost of a television licence fee by €3, 2%, with effect from 1 April 2005. This will bring the cost of a television licence from €152 to €155.

Telecommunications Services.

Gay Mitchell

Question:

141 Mr. G. Mitchell asked the Minister for Communications, Marine and Natural Resources if he has issued instructions or directives to combat Internet or mobile phone pornography; and if he will make a statement on the matter. [3645/05]

Bernard J. Durkan

Question:

305 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources if he has issued instructions or directives to combat Internet or mobile phone pornography; and if he will make a statement on the matter. [3969/05]

I propose to take Questions Nos. 141 and 305 together.

Legislation to combat illegal pornographic material is already in place. It is an offence under 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 that 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. My colleague, the Minister for Justice, Equality and Law Reform, is responsible for policy regarding the protection of children from the transmission of pornographic images by phones and other media. Anyone who has information on these matters should bring it immediately to the attention of the Garda Síochána for criminal investigation.

Richard Bruton

Question:

142 Mr. Bruton asked the Minister for Communications, Marine and Natural Resources the policy directives he has given to the communications regulator in regard to targets relating to the provision of broadband services throughout the country; and if he will make a statement on the matter. [3689/05]

Bernard J. Durkan

Question:

300 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources the policy directives he has given to the communications regulator in regard to targets relating to the provision of broadband services throughout the country; and if he will make a statement on the matter. [3964/05]

I propose to take Questions Nos. 142 and 300 together.

In March 2004, my predecessor, Deputy Dermot Ahern, under section 13 of the Communications Regulation Act 2002, issued policy directions to the Commission for Communications Regulation, ComReg, including one on broadband. This direction required ComReg to use regulatory and enforcement tools, where necessary and subject to relevant requirements under European and national law, to support initiatives to develop broadband and remove regulatory barriers, if any exist, to such initiatives. ComReg was required to have a particular focus on the residential and SME sectors, balanced regional development and potential for broadband provision on alternative platforms. The goal set for ComReg was to be at, or better than, the EU 15 average, excluding accession countries, for end-user access to, and usage of, broadband by mid-2005.

In its latest report on the policy directions, ComReg has reported that there were more than 114,000 DSL customers as of December 2004, an increase of over 50% in the previous three months. There are, in addition, around 16,000 other broadband connections provided through a mixture of wireless and leased line applications.

While the primary technology deployed here, DSL, which, incidentally, is that in use generally across Europe, will not be available to 100% of the population, other technologies such as fixed wireless access and satellite will extend the coverage. Overall levels for coverage of broadband now exceed 75% and are in line with the European average as outlined in the March 2004 policy direction. In the future, the acceleration of local loop unbundling should stimulate improved broadband offerings.

In addition, initiatives by the operators to supply broadband are being supplemented by a range of Government initiatives, including metropolitan area networks, MANs, schools broadband and community broadband. ComReg is working closely with the appropriate parties on all these initiatives.

Marine Safety.

Phil Hogan

Question:

143 Mr. Hogan asked the Minister for Communications, Marine and Natural Resources the number of prosecutions that have been taken on foot of hoax calls to the Irish Coastguard; and if he will make a statement on the matter. [3670/05]

The prosecution of hoax calls received by the Irish Coastguard is a matter for the Commissioners for Communications Regulation, ComReg, and the Garda Síochána. The Coastguard co-operates closely with Eircom emergency services, ComReg and the Garda Síochána in efforts to identify hoax callers and prosecute where possible. The Coastguard is aware of two cases where callers were identified and information passed to the Garda Síochána led to prosecutions.

Hoax calls are received by the Coastguard both on the 999/112 emergency telephone system and on the marine radio communications network. Analysis of calls since 2000 indicates a gradual decline in the numbers received:

Year

Hoax Calls

2000

54

2001

28

2002

30

2003

30

2004

23

Coastguard rescue co-ordination centres must treat every emergency call as real until it can be positively identified as hoax. In some instances these hoax calls result in the launching of search and rescue assets such as coastal search teams, cliff rescue units, lifeboats and helicopters. During hours of darkness and in bad weather conditions the lives of search and rescue personnel can be at risk. The Coastguard uses internal procedures to eliminate the hoax calls at an early stage. Some are blatantly nuisance calls but do take up the search and rescue co-ordinator's time and occupy emergency 999/112 high priority telephone lines.

Inland Fisheries.

John Perry

Question:

144 Mr. Perry asked the Minister for Communications, Marine and Natural Resources if he has met with anglers’ representatives to discuss the damage caused by drift net fishing to salmon stocks; and if he will make a statement on the matter. [3672/05]

Eamon Gilmore

Question:

157 Mr. Gilmore asked the Minister for Communications, Marine and Natural Resources if it is his intention to enter into any discussions with fishing representatives and unions concerning the issue of drift nets in view of the reduction of Irish stocks of wild Atlantic salmon; and if he will make a statement on the matter. [3580/05]

Seamus Healy

Question:

267 Mr. Healy asked the Minister for Communications, Marine and Natural Resources asked the Minister for Communications, Marine and Natural Resources if he will introduce a change in policy to stop drift net fishing in view of the fact that this county faces the complete extinction of its natural salmon species, that only 10% of minimum spawning requirement now exists in the River Suir, for example, and that the restrictions in place are not providing protection of this species; and if he will make a statement on the matter. [3547/05]

I propose to take Questions Nos. 144, 157 and 267 together.

I am fully aware of the widespread concerns being expressed, not just by anglers, about the viability of salmon fishing in Ireland. While I have not yet had the opportunity to meet with anglers' representatives on the specific issue of drift net fishing, I am fully aware of their view that this method of fishing is having a damaging impact on the stocks of wild Irish salmon. The Government does not accept the validity of the argument that its salmon management regime does not comply with international legislation or best practice nor does it accept that there is any sound or agreed scientific basis for the allegations made that the Irish salmon drift net fishery has an unacceptable impact on salmon stocks either in Ireland or in other European countries.

We are all agreed that over exploitation of fish stocks is a significant threat to the long-term sustainability of the inland fisheries resource. Since 1996, the Department has introduced a range of conservation measures which have seen considerable advances made in salmon policy and, in particular, the management of the commercial salmon fishery. As part of these measures, the drift net season is now confined to a two-month period in June and July on a four-day week basis. Fishing is only allowed during daylight hours and is confined to the area within the six-mile limit. The Department operates, through the regional fisheries boards, the wild salmon and sea trout tagging scheme regulations which, inter alia, limit the total allowable commercial catch of salmon, TAC.

Furthermore, since 2002, the Government has implemented a strategy to ensure, through progressive reductions in catch, that the conservation limits specified by the standing scientific committee of the National Salmon Commission are being reached. This policy of promoting the application of quotas on commercial fishing, including drift netting and bag limits on angling, has delivered significant catch reductions aimed at achieving the overall shared objective of restoration of salmon stocks. Bearing this in mind, it is the Government's belief that the current strategy of developing a sustainable commercial and recreational salmon fishery through aligning catches on the scientific advice holds out the strong prospect of a recovery of stocks and of a long-term sustainable fishery for both sectors.

I have no plans to introduce proposals to end the practice of drift netting for salmon or to purchase commercial salmon fishing licences in Ireland. Moreover, no convincing case has been advanced as to the public good that would be acquired by the State in the context of a publicly funded buy out or why stakeholders benefiting from increased numbers of salmon entering the rivers should not contribute in whole or in part towards achieving that increase. I am prepared, however, to keep the matter under review and would be open to any relevant proposals whereby stakeholders benefiting from any reduction in commercial catch might fund in whole or in part any compensation arising.

Coastal Protection.

Dinny McGinley

Question:

145 Mr. McGinley asked the Minister for Communications, Marine and Natural Resources if his attention has been drawn to the extensive damage caused by recent storms at Maghery Beach, County Donegal; and if he will provide funding to have coastal protection work completed before winter 2005. [3534/05]

Responsibility for coast protection rests with the property owner whether it be a local authority or a private individual. In July 2002, the Department requested all coastal local authorities to submit proposals, in order of priority, for consideration in the context of the 2003-2006 national coast protection programmes. Donegal County Council submitted a proposal relating to Maghery Beach estimated at €280,000. The proposal was number 11 in its order of priority. There was no Exchequer funding for this project in 2004. This project will be considered in the context of the amount of Exchequer funding available for coast protection works and overall national priorities.

Fishing Industry Development.

Dinny McGinley

Question:

146 Mr. McGinley asked the Minister for Communications, Marine and Natural Resources if his attention has been drawn to the depressed state of the fishing industry in County Donegal, particularly in Killybegs; and his plans to improve the deteriorating situation. [3362/05]

For many years, County Donegal, and in particular the Killybegs area, has been to the forefront of the Irish fishing industry, which has been a vital source of permanent and seasonal employment opportunities in coastal communities, as well as boosting the local economy through ancillary industries. Notwithstanding recent difficulties, I believe it will maintain this pre-eminent position in the future and remain an economic lynchpin of the area.

The fishing industry in Europe and elsewhere is generally experiencing some difficulties at the present time with a number of fish stocks. The primary challenge facing the fishing industry concerns the need for effective conservation measures to provide for the sustainable exploitation of these stocks into the future. The industry in Donegal is significantly based on pelagic stocks. While the Irish quota for mackerel has been reduced for 2005, I secured a substantial increase in the quota for blue whiting on top of the increase achieved for 2004. I have asked BIM to work closely with the industry to develop a significant human consumption market for vessels landing blue whiting into Irish ports to maximise the benefits of this fishery.

EU measures to strengthen control in pelagic fisheries introduced in 2004 as a consequence of concerns about illegal landings right across Europe will continue this year. The effective implementation of these measures is critical to ensure the medium to long-term sustainability of fish stocks and to maximise the market prices for vessel owners respecting quota allocations.

Quotas for demersal species in area VI, north-west coast, have been declining over more than a decade. A long-term cod recovery plan was introduced in 2004 to promote recovery of the cod stock in this area. The recovery plan, allied to the industry led initiative involving the closure of codling fishing grounds off the Greencastle coast in County Donegal, which were introduced in 2003, will help rebuild this stock and will also contribute to the recovery of the whitefish stocks under pressure in this area.

Telecommunications Services.

Michael Ring

Question:

147 Mr. Ring asked the Minister for Communications, Marine and Natural Resources the number of companies, groups or agencies involved in the provision of broadband facilities throughout the country; the extent to which State assistance has been offered, sought or granted in each or any case; and if he will make a statement on the matter. [3617/05]

Gerard Murphy

Question:

161 Mr. Murphy asked the Minister for Communications, Marine and Natural Resources if he has had discussions with bodies involved in the provision of broadband services or likely to become so involved in the future; and if he will make a statement on the matter. [3639/05]

Bernard J. Durkan

Question:

291 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources the number of companies, groups or agencies involved in the provision of broadband facilities throughout the country; the extent to which State assistance has been offered, sought or granted in each or any case; and if he will make a statement on the matter. [3954/05]

Bernard J. Durkan

Question:

302 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources if he has had discussions with bodies involved in the provision of broadband services or likely to become so involved in the future; and if he will make a statement on the matter. [3966/05]

I propose to take Questions Nos. 147, 161, 291 and 302 together.

On the website of the Commission for Communications Regulation, ComReg, there are over 130 companies listed as offering internet access. An indicative €200 million is being made available from Government and ERDF funds under the NDP's regional operational programmes 2000-2006 for the development of high-speed broadband infrastructure in all areas, in association with the local and regional authorities and telecommunications companies.

The regional broadband programme, with its main emphasis on the metropolitan area networks, is addressing the infrastructure deficit caused by low levels of investment by the private sector. The MANs are being built by the State and will remain in State ownership, offering service providers open access at favourable terms that will allow them to deliver broadband to the market at competitive prices.

Nineteen MANs have now been completed, and a further seven are under construction. The next phase of the MANs programme will see the roll-out of highspeed infrastructure to over 90 towns with a population of 1,500 and more, again in association with the local and regional authorities.

The group and county broadband scheme offers smaller towns and rural communities funding assistance towards provision of broadband in their own areas in association with the service providers. Up to 55% funding on capital costs is available under the scheme. More than 20 group broadband schemes have already been started, and funding for up to 150 more is available.

My Department is in close and continuous contact with the industry, through the telecommunications and Internet federation, and with individual service providers, regarding broadband developments.

Fisheries Protection.

Brendan Howlin

Question:

148 Mr. Howlin asked the Minister for Communications, Marine and Natural Resources his views on the recent EU negotiations on fishing catches and quotas for 2005; his further views on whether the 27% cut in the Irish mackerel quota will be particularly detrimental to the industry; and if he will make a statement on the matter. [3583/05]

The outcome of the EU Fisheries Council in December was generally satisfactory from an Irish viewpoint. My overall focus in these negotiations was to secure a deal that gave Irish fishermen the best possible range of fishing opportunities for 2005, taking account of the socio-economic needs of the industry and the necessity to maintain a sustainable approach. Close liaison was maintained with representatives of the Irish fishing industry throughout the Council, and in my view this contributed significantly to the Council's outcome which has been broadly welcomed by the industry.

The overall volume of fish quota, both for whitefish and for pelagic species, is at a similar level to 2004. In aggregate, the total volume of whitefish is 33,273 tonnes and the total volume of pelagic species is 197,445 tonnes. I believe that the deal I secured is good for Irish whitefish fishermen all around the coastline where there are sizeable increases in the main whitefish earners such as haddock, hake, monkfish and Dublin Bay prawns.

While I acknowledge that the 27% reduction in the mackerel quota for 2005, which had been agreed between the EU, Norway and the Faroe Islands before the Council, is a blow to the industry in the short term, I believe that the impact will be softened somewhat by significant gains which I secured elsewhere, including a reversal of the Commission's proposed 20% cut in the horse mackerel quota and also a reversal in the proposed 15% cut in the Celtic Sea herring quota.

In addition, I secured a record blue whiting quota of over 75,000 tonnes which will create new catching and processing opportunities for the pelagic industry.

Overall, I believe the outcome of the Council to be a positive one which helps to maintain a balance between the economic needs of the Irish fishing industry and the need to preserve and rebuild key stocks.

Question No. 149 answered with QuestionNo. 133.
Question No. 150 answered with QuestionNo. 96.

Harbours and Piers.

Jim O'Keeffe

Question:

151 Mr. J. O’Keeffe asked the Minister for Communications, Marine and Natural Resources the reason no progress has been made in relation to the €15 million development project for Castletownbere harbour; if same will be progressed; and if he will make a statement on the project. [3687/05]

The Castletownbere harbour development project involves the provision of an extension to the existing wharf at Dinish Island and the construction of a new auction hall on this extension. The scope of the project has changed due to the need to deal with disposal of dredge spoil and the need to increase dredging levels at the existing Dinish wharf to take account of changes in vessels using the port, as well as structural modification of the existing Dinish wharf and the re-design of the building to be constructed on the new wharf. Expenditure on this project in 2004 amounted to €1,364,345. Tenders for the main works are being examined at present and it is expected that a contract will be awarded in the near future.

Question No. 152 answered with QuestionNo. 72.

Port Development.

Kathleen Lynch

Question:

153 Ms Lynch asked the Minister for Communications, Marine and Natural Resources the main elements of the new ports policy framework launched recently; the reason the decision has been made to encourage more private investment in ports and to use State funds only as a last resort; his views on whether ports play a crucial role in the wider economy; and if they play such a role, if they should merit increased public investment; and if he will make a statement on the matter. [3584/05]

The Government's ports policy statement was launched on 6 January 2005. It is available to view on the Department's website. The policy aims to better equip the port sector and its stakeholders to meet national and regional capacity and service needs through: better transport policy co-ordination; clearer and more focused commercial mandates for the ports and their boards; reform of the structure of port boards; encouragement of private sector investment and involvement; sanction for the use of non-core assets to fund new port development but not to mask inefficiencies; encouragement of healthy competitive conditions within and between ports; better consultation and dispute resolution between port companies and users through appropriate information sharing and arbitration mechanisms; and encouragement of mergers where a business case exists.

Ireland, as an island, is dependent on sea-borne trade and the economic significance and importance of our ports to the prosperity of the country is self-evident. Given our small open economy, Ireland's international competitiveness is central to overall economic performance.

Our ports are vital gateways for commercial freight and sea passengers. This is highlighted by the fact that nine of the ten commercial State port companies are located in areas identified as gateways in the national spatial strategy. Almost all Ireland's overseas trade goes by sea, underlining the commercial significance of ports and their strategic importance.

Measured by volume, 99% of the island's foreign trade uses the maritime supply chain. It is estimated that the value of these imports and exports through seaports in the Republic is €130 billion for 2003, compared with a figure of €7 to €10 billion through airports. By contrast, the situation is different in terms of passenger numbers with some 20% of the tourists who visited Ireland in 2003 having arrived via our seaports.

Most of the ports are State-owned companies with statutory commercial mandates and operational criteria. The port companies are required to take all proper measures for the management, control, operation and development of their harbours and are required to conduct their business at all times in a cost-effective and efficient manner. This has led to a strong independence of action and a focused commercial mindset.

The Government expects that the port companies, as commercial entities, should be capable of funding their operations and infrastructure requirements without relying on Exchequer support. The port companies are, therefore, encouraged to seek financial assistance from other avenues such as private sector investment within ports.

One of the key challenges ahead is the timely provision of adequate in-time port capacity. The internal resources of our commercial ports are not sufficient in general to fund large-scale infrastructure projects. This is a significant challenge in view of the need for additional capacity at our ports over the coming years, particularly to cater for the growth in unitised trade. The Department is initially consulting with the commercial ports concerned to determine their view of port capacity and how they intend to deal with the projected capacity requirement.

The Department is interested in key projects identified by the commercial ports as essential to deal with anticipated capacity deficiencies to 2014 and beyond, and whether the ports see these being funded from their own resources or in partnership with the private sector. The policy framework encourages all port sector stakeholders to address capacity provision. The State will support capacity provision, as residual financier, but only if proven essential to progress identified high quality self-sustaining projects.

Postal Services.

Dan Neville

Question:

154 Mr. Neville asked the Minister for Communications, Marine and Natural Resources his preferred options in respect of the continuation of the services provided to An Post; and if he will make a statement on the matter. [3614/05]

Bernard J. Durkan

Question:

288 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources if he has advised Cabinet in regard to his preferred options in respect of the continuation of the services provided to An Post; and if he will make a statement on the matter. [3951/05]

I propose to take Questions Nos. 154 and 288 together.

The An Post annual report is brought to Government every year as provided for by the Postal and Telecommunications Services Act 1983 and, at the same time, relevant issues in relation to An Post are noted by Government. In addition, the Cabinet is updated on relevant issues as they arise.

Question No. 155 answered with QuestionNo. 72.

Offshore Exploration.

Olivia Mitchell

Question:

156 Ms O. Mitchell asked the Minister for Communications, Marine and Natural Resources the full extent of current oil, gas or other mineral explorations, on or offshore; the extent to which viable prospects have been identified; and if he will make a statement on the matter. [3642/05]

Bernard J. Durkan

Question:

304 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources the full extent of current oil, gas or other mineral explorations, on or offshore; the extent to which viable prospects have been identified; and if he will make a statement on the matter. [3968/05]

I propose to take Questions Nos. 156 and 304 together.

This reply has the same information as in Questions Nos. 44 and 126 of 21 October 2004 and Question No. 271 of 30 November 2004.

With regard to oil and gas exploration, one exploration well was drilled in 2004 by Providence Resources plc on the Blackrock prospect off the south coast. The well did not yield any significant shows of hydrocarbons and the well was plugged and abandoned as a dry hole.

The Dooish exploration well, which was drilled in 2002 by Enterprise Energy Ireland, now Shell E&P Ireland, off the Donegal coast and which discovered a hydrocarbon accumulation, was re-entered and deepened in 2003. Both my Department and Shell E&P are continuing to analyse the well results and integrate them with other data from the area. Further technical work on the prospect will be required before the size of the gas condensate accumulation and the possibility for any commercial development can be accurately assessed.

With regard to non-petroleum minerals, new exploration is continuously undertaken as part of my requirements to holders of prospecting licences, of which there are 276. Details of these licenses can be found in the six monthly report to the Oireachtas, which I am obliged to lay before the House under the Minerals Development Acts 1940 to 1999. The last such report was in respect of the six-month period ended 30 June 2004. The report for the six-month period ended 31 December 2004 is currently being prepared and will be laid before the House in due course.

No new economic deposits of non-petroleum minerals have been discovered in recent years. There have been some encouraging results, however. Exploration adjacent to existing base metal mines at Navan, County Meath, Tara Mines Limited, and Galmoy, County Kilkenny, Arcon Mines Limited has discovered additional resources which have the potential to extend the life of those mines. I have recently granted a new State mining licence to Arcon for extraction of part of these additional resources.

A good zinc prospect area near Pallas Green, County Limerick, also has the potential to host an economic deposit and exploration is continuing. The acid test of commerciality with any new discovery is that having made a find the explorationist is then prepared to invest in planning for mining and so makes the necessary applications for permits to me, to the relevant local authority and to the EPA.

Question No. 157 answered with QuestionNo. 144.

Post Office Network.

Damien English

Question:

158 Mr. English asked the Minister for Communications, Marine and Natural Resources the extent to which an external audit has taken place in An Post or is so intended; and if he will make a statement on the matter. [3618/05]

Bernard J. Durkan

Question:

292 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources the extent to which an external audit has taken place in An Post or is so intended; and if he will make a statement on the matter. [3955/05]

I propose to take Questions Nos. 158 and 292 together.

Section 32 of the Postal and Telecommunications Services Act 1983 provides that An Post is required to keep a set of accounts, including a profit and loss account and balance sheet, and also requires that the accounts are to be audited annually. After submission to Cabinet, the An Post annual accounts are laid before the Houses of the Oireachtas.

In practice, the An Post accounts are audited on an annual basis by a firm of outside accountants. The accountants have confirmed that the 2003 accounts for the company have been prepared, by the An Post directors, in accordance with applicable Irish law and accounting standards and provide a true and fair view of the company at 31 December 2003.

Marine Safety.

Breeda Moynihan-Cronin

Question:

159 Ms B. Moynihan-Cronin asked the Minister for Communications, Marine and Natural Resources if he plans to take new initiatives on water safety in view of the increase in incidents at sea involving pleasure craft; his views on whether a new awareness campaign is required to remind the public of the dangers involved in coastal activities; and if he will make a statement on the matter. [3588/05]

Since the establishment of the maritime safety directorate in 2002, a number of important initiatives have been taken or are being taken to strengthen the maritime safety regime, particularly in relation to leisure craft.

A Maritime Safety Bill to provide the necessary powers to assist local authorities in adopting regulations against the improper use of certain fast powered craft such as jet skis in waters within their jurisdiction has been published and is at an advanced stage.

A new code of practice for safety on recreational craft has been published for consultation to assist owners and operators of recreational craft. The code sets out in one comprehensive document current legislative requirements and recommended best practice regarding the safe operation of recreational craft in inland and coastal areas. I intend to launch this code shortly.

In general, I regard the provision of targeted safety information to be a very important method of promoting maritime safety. This year the Department will undertake a radio campaign over the three bank holiday weeks in the summer promoting safety measures for leisure craft users. In addition, the coast guard will undertake an "at sea" advisory programme in selected areas where water-based leisure activities are significant. Under this programme, introduced for the first time last summer, coastguard coastal units will undertake water based patrols to monitor and advise leisure craft users on the requirements for wearing life jackets and other safety issues. Throughout 2005, the Irish Coastguard will also attend various events around the coast providing advice and marine safety demonstrations to the public. I will continue to examine any initiatives which will increase the public's awareness of marine safety and help save lives.

Mining Pollution.

Trevor Sargent

Question:

160 Mr. Sargent asked the Minister for Communications, Marine and Natural Resources the timetable he has for a solution to be put in place to the pollution that is coming from a tailing pond (details supplied); the analysis he has carried out to come to the view that the proposed solution from the mining company involved is conceptually acceptable to him; the projected cost of this solution; and the entity which will pay that cost. [3683/05]

The former mining company has acknowledged that it has a contractual liability to rehabilitate the tailings pond, among other sites. To this end, the most recent proposal for the rehabilitation works was lodged with the Department on 3 November 2004,and additional information sought by the Department was supplied on 17 January last. When the proposals have been assessed by the local community, North Tipperary County Council, the Environmental Protection Agency, the Department and its consultants, the Department will submit to me a detailed report later this month setting out options for the rehabilitation works and recommendations for a way forward.

The specific views of the stakeholders will be included in that report, and I am glad to say that senior officials of the Department met the local community in Nenagh last Wednesday to get their views and a meeting with the local authority and the Environmental Protection Agency took place yesterday.

In reply to the specific questions, it is not possible to schedule a timetable for a proposed solution pending full consideration of the existing situation and options for a way forward; the mining company's proposed solution was accepted as being in line with conceptual designs prepared by the Department's consultants and published in March 2002; and the works at the tailings pond to be carried out by the mining company are expected to cost an estimated €1.5 million.

Question No. 161 answered with QuestionNo. 147.
Question No. 162 answered with QuestionNo. 96.

Mobile Telephony.

Pat Rabbitte

Question:

163 Mr. Rabbitte asked the Minister for Communications, Marine and Natural Resources his views on the recent joint ofcom and ComReg report into cross-Border telecoms issues; if initiatives are planned to reduce the cost of cross-Border calls; if the report addresses the issue of mobile phone users here straying onto British networks in Border areas; the recommendations made in this regard; and if he will make a statement on the matter. [3597/05]

I welcome the publication of the joint Commission for Communications Regulation, ComReg, and Ofcom report on cross-Border telecoms issues. The report covers cross-Border mobile telephone roaming; cross-Border leased line costs; telephone dialling codes; and illegal broadcast radio stations operating in Border areas. I am delighted that ComReg and Ofcom have adopted a common approach to tackle issues of mutual concern to businesses and the general public on both sides of the Border.

On 19 January 2005, I issued a press release with my Northern counterpart, Minister Barry Gardiner MP, which welcomed the publication of this report and expressed concern at mobile phone customers being caught by roaming mobile signals along the Border and incurring international charges for what they think are national calls.

I support the report's call for clearer information for customers on all-island tariff options and how to minimise roaming costs. I also support the report's call for the mobile operators to enter into joint arrangements on a cross-Border basis to offer customers all-island tariffs. While I acknowledge that a number of operators already offer all-island tariff options, it is disappointing that where these are available they are limited to bill-paying customers and business contracts. I would like to see all-island rates extended to pay-as-you-go mobile users, who represent around 70% of the mobile customer base. I appreciate that entering into such arrangements would involve business decisions which are a matter the operators. For my part, I have already taken the opportunity, in meetings with the operators, to raise this issue and will continue to do so. I am looking forward to the market's response to the report and to ComReg and Ofcom continuing to co-operate on this issue.

Question No. 164 answered with QuestionNo. 96.

Digital Broadcasting.

Willie Penrose

Question:

165 Mr. Penrose asked the Minister for Communications, Marine and Natural Resources his plans for the migration to digital broadcasting; when he anticipates the timing of the analogue switch off; the opportunities which may be presented to broadcasting here by the arrival of the digital era; and if he will make a statement on the matter. [3609/05]

Digital television services are available in Ireland through a number of cable and satellite networks. The terrestrial broadcasting system is an analogue platform, and it will be necessary to upgrade this platform to a digital terrestrial platform over time. I am examining proposals in this regard. Specific analogue switch-off dates will be considered in light of progress in upgrading to a national digital terrestrial platform.

Digital television services will go far beyond what is available through analogue transmission. Digital television offers the opportunity for more channels, improved quality of service to viewers, including wide-screen and high definition television, increased viewer choice with regard to programmes, content and interactivity, and new methods of communicating to viewers.

Postal Services.

Paul McGrath

Question:

166 Mr. P. McGrath asked the Minister for Communications, Marine and Natural Resources the number of postal service employees whose entitlements under benchmarking were withheld; and if he will make a statement on the matter. [3622/05]

Bernard J. Durkan

Question:

295 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources the number of postal service employees whose entitlements under benchmarking were withheld; and if he will make a statement on the matter. [3958/05]

I propose to take Questions Nos. 166 and 295 together.

The provisions applicable to staff transferred to An Post are set out in section 45 of the Postal and Telecommunications Services Act 1983. The benchmarking process applies to public service bodies only and An Post, as a commercial State body, was not included in the benchmarking process.

Consumer Expenditure.

Richard Bruton

Question:

167 Mr. Bruton asked the Taoiseach his estimate of the number of persons in dental practice and the value of private consumer spending on their services. [3512/05]

Richard Bruton

Question:

168 Mr. Bruton asked the Taoiseach his estimate of the number of persons in medical practice and the value of private consumer spending on their services. [3513/05]

Richard Bruton

Question:

169 Mr. Bruton asked the Taoiseach his estimate of private consumer spending on third level education. [3514/05]

Richard Bruton

Question:

170 Mr. Bruton asked the Taoiseach his estimate of private consumer spending on private rented residential accommodation. [3515/05]

I propose to take Questions Nos. 167 to 170, inclusive, together.

The CSO does not publish estimates of the individual expenditures listed above. However, three of the items listed above — viz. private rents, doctors' fees and dentists' fees — form part of the overall personal consumption expenditure estimates, which are published quarterly and annually as part of the national accounts. Consequently the estimates being provided here are of an approximate nature and should not be regarded as absolute definitive data. The latest full year for which data is available is 2003.

The estimated expenditure on private rented accomodation in 2003 is approximately €1.3 billion. The number of persons working as medical practitioners was 8,650 in the 2002 census of population. It is estimated that approximately 1,950 of those were in general practice.

The estimated private expenditure on doctors' services is approximately €290 million in 2003. This figure is estimated for the national accounts by projecting forward an estimate in the 1999/2000 household budget survey in respect of doctors' services. It is considered that the bulk of this is in respect of GP services but an element of it may be in respect of consultants' services. However the bulk of consultants' services are included with hospital services and not covered in this amount.

The number of persons working as dentists was 1,506 in the 2002 census. It is estimated that approximately 1,100 of these were in private practice. The estimated private expenditure on dentists' services in 2003 is €157 million.

Personal expenditure on third level education is not available from the national accounts as it is not distinguishable from imputed expenditure on university education which is financed by Government. However the household budget survey contains an estimate of personal expenditure on third level education. The latest survey for which results are available is the 1999-2000 survey and the estimated expenditure in that survey was €4.12 per week per household, i.e. averaged over all households irrespective of whether there were third level students there. A household budget survey is currently being conducted in respect of 2004-05 and results will be available within approximately 15 months of completion of the fieldwork.

Economic Statistics.

Richard Bruton

Question:

171 Mr. Bruton asked the Taoiseach if he will report on the distribution of women of working age by economic activity, indicating those at work, those engaged in homecaring, those in education and so on. [3516/05]

Statistics on population and labour force activity components are compiled from the quarterly national household survey. The latest statistics available are for the period June to August 2004 and the distribution of females aged 15 or over by economic activity is outlined below.

Persons aged 15 years and over classified by Principal Economic Status1, 2004.

Principal Economic Status June-August, 2004

Thousands

Females

At Work

745.5

Unemployed

37.2

Student

180.0

Home Duties

560.0

Retired

68.8

Others

39.4

Total Females

1,631.0

Males

At Work

1,052.1

Unemployed

80.5

Student

170.4

Home Duties

4.6

Retired

208.3

Others

71.5

Total Males

1,587.4

All Persons

At Work

1,797.6

Unemployed

117.7

Student

350.4

Home Duties

564.6

Retired

277.1

Others

110.9

Total Persons

3,218.4

1Classification based on respondent's own subjective assessment.

Source: Quarterly National Household Survey, Central Statistics Office.

Decentralisation Programme.

Billy Timmins

Question:

172 Mr. Timmins asked the Taoiseach the number of personnel, who on applying for promotion in his Department since January 2004, have been required to sign an agreement that they are willing to decentralise; how many of them refused to sign the agreement; if this impacted on their promotion or otherwise; and if he will make a statement on the matter. [4063/05]

No staff member on applying for promotion in my Department since January 2004 has been required to sign an agreement that they are willing to decentralise.

Health Board Property.

Enda Kenny

Question:

173 Mr. Kenny asked the Tánaiste and Minister for Health and Children the reason for the delay in selling the eight houses owned by the North Western Health Board in Slieve Sneacht Road, Letterkenny, County Donegal (details supplied); and if she will make a statement on the matter. [3479/05]

The Health Act 2004 provides for the Health Service Executive, which was established on 1 January 2005. Under the Act, the executive has the responsibility to manage and deliver, or arrange to be delivered on its behalf, health and personal social services. This includes responsibility for management of land and properties formerly held by health boards and now vested in the executive. Accordingly, my Department has requested the chief officer for the executive's north-western area to investigate the matter raised and to reply directly to the Deputy.

Health Board Services.

Dinny McGinley

Question:

174 Mr. McGinley asked the Tánaiste and Minister for Health and Children if a commitment will be given to a national funding framework for the violence against women service in light of the fact that the 2004 statistics for the Donegal women’s domestic violence service show an increase of 25% of women using the service; and if she will make a statement on the matter. [3788/05]

The national steering committee on violence against women was established following the 1997 report of the task force on violence against women. Its purpose is to provide a multi-disciplinary, multi-agency and cohesive response to the problem of violence against women and it is chaired by the Minister of State at the Department of Justice, Equality and Law Reform, Deputy Fahey.

My Department does not directly fund or co-ordinate health and personal social services to victims of abuse. Moneys are made available each year, formerly through the health boards, and now through the Health Service Executive, for the provision of services to women victims of violence. In recent years there has been a substantial increase in funding so that now over €12 million is provided annually for the provision of such services. It is now a matter for the Health Service Executive to resouce the provision of these services.

Michael Ring

Question:

175 Mr. Ring asked the Tánaiste and Minister for Health and Children when a person (details supplied) in County Mayo was placed on the orthodontic treatment list; the position of this person on the list; when they will be called for treatment; and if they will be given the treatment under the national treatment purchase scheme. [3372/05]

The Health Act 2004 provided for the Health Service Executive, which was established on 1 January 2005. Under the Act, the executive has the responsibility to manage and deliver, or arrange to be delivered on its behalf, health and personal social services. This includes responsibility for orthodontic services. Accordingly, my Department has requested the chief officer for the executive's western area to investigate the matter raised and to reply directly to the Deputy.

Gay Mitchell

Question:

176 Mr. G. Mitchell asked the Tánaiste and Minister for Health and Children when a long-term care bed will be made available for a person (details supplied). [3373/05]

The Health Act 2004 provided for the Health Service Executive, which was established on 1 January 2005. Under the Act, the executive has responsibility to manage and deliver, or arrange to be delivered on its behalf, health and personal social services. This includes responsibility for the provision of mental health services. Accordingly, my Department has requested the chief officer for the executive's eastern regional area to investigate the matter raised and to reply directly to the Deputy.

Suicide Incidence.

Dan Neville

Question:

177 Mr. Neville asked the Tánaiste and Minister for Health and Children, further to Parliamentary Question No. 339 of 18 May 2004, the reason for the difference between the figure of 451 suicides for 2002 and the figure of 478 as published by the CSO on 31 January 2005. [3387/05]

The source for all official figures on mortality, including suicide, is the Central Statistics Office, as published in its annual and quarterly reports on vital statistics. The quarterly reports, which contain provisional data as they are classified by year of registration, are generally published within five months of the end of the relevant quarter. The annual reports, which give a further breakdown in respect of births and deaths which occur in a given year, are published within approximately two years.

With regard to 2002, the Central Statistics Office published the fourth quarter and yearly summary report on vital statistics in April 2003. This report showed the number of deaths from suicide which were registered in 2002 as 451. The annual report on vital statistics, released on 31 January 2005, showed the number of deaths from suicide which occurred in 2002 as 478. In the reply to Parliamentary Question No. 339 of 18 May 2004, a footnote stated that figures for 2002 were provisional based on year of registration.

Health Board Services.

Dan Neville

Question:

178 Mr. Neville asked the Tánaiste and Minister for Health and Children her views on the report or investigation carried out by persons (details supplied) regarding clinical and management issues of the clinical care delivery in unit 5B of the Mid-West Regional Hospital. [3388/05]

Dan Neville

Question:

181 Mr. Neville asked the Tánaiste and Minister for Health and Children if she will outline the report or investigation carried out by a person (details supplied) regarding clinical and management issues of the clinical care delivery in unit 5B of the Mid-West Regional Hospital. [3411/05]

I propose to take Questions Nos. 178 and 181 together.

The Health Act 2004 provided for the Health Service Executive, which was established on 1 January 2005. Under the Act, the executive has responsibility to manage and deliver, or arrange to be delivered on its behalf, health and personal social services. This includes responsibility for mental health services in the HSE mid-western area. Accordingly, my Department has requested the chief officer for the executive's mid-western area to investigate the matter raised and to reply directly to the Deputy. As the review document referred to by the Deputy was not submitted to my Department, I have no comment to make on the matter.

Finian McGrath

Question:

179 Mr. F. McGrath asked the Tánaiste and Minister for Health and Children the reason, after the closure of speech therapy services on Gracepark Road, Dublin 9, children from Dublin 3, 5 and 9 now have to miss much of school time and travel into Dublin for services; her views on whether it would make more sense to provide speech therapy services locally for local children; and if she will make a statement on the matter. [3409/05]

Finian McGrath

Question:

191 Mr. F. McGrath asked the Tánaiste and Minister for Health and Children the reason speech and language therapy services are being located away from families in the Dublin 3, 5 and 9 areas into a new office on North Great Georges Street, Dublin 1; and if she will reconsider this major disruption to children. [3442/05]

I propose to take Questions Nos. 179 and 191 together.

The Health Act 2004 provided for the Health Service Executive, which was established on 1 January 2005. Under the Act, the executive has responsibility to manage and deliver, or arrange to be delivered on its behalf, health and personal social services. This includes responsibility for the provision of speech and language therapy, for people with a physical and-or sensory disability. Accordingly, my Department has requested the chief officer of the executive's eastern regional area to investigate the matters raised and reply to the Deputy.

Ruddle Review Panel Report.

Dan Neville

Question:

180 Mr. Neville asked the Tánaiste and Minister for Health and Children when she will receive the report into the circumstances of the death of a person (details supplied); and if she will make a statement on the matter. [3410/05]

I received the report of the Ruddle review panel yesterday, 7 February. I am making the report available to the family and to the other relevant parties today. It is my intention to publish the report on my Department's website shortly.

Question No. 181 answered with QuestionNo. 178.

Hospital Services.

John Perry

Question:

182 Mr. Perry asked the Tánaiste and Minister for Health and Children the plans she has in place to increase the bed capacity of the neurosurgical unit in Beaumont Hospital in view of the fact that this is the only facility for the whole of Ireland, with only 60 beds; if her attention has been drawn to the fact that as of 31 January 2005 there are 50 patients with critical life-threatening illnesses awaiting admission with 700 patients awaiting treatment which cannot be treated under the national treatment purchase scheme; her message to the persons on the waiting list; if she will take immediate action to address this urgent out of control situation; and if she will make a statement on the matter. [3417/05]

The Health Act 2004 provided for the Health Service Executive, which was established on 1 January 2005. Under the Act, the executive has responsibility to manage and deliver, or arrange to be delivered on its behalf, health and personal social services.

Services at Beaumont Hospital are provided under an arrangement with the executive. My Department has requested the chief officer for the executive's eastern regional area to examine the particular issues raised and to reply to the Deputy directly.

As the Deputy may be aware, Comhairle na nOspidéal was asked, in February 2002, to carry out a review of neurosurgical services, focusing in particular on the provision of adequate capacity and equity of access. I expect the review to be completed in the near future. The development of neurosurgical services will be progressed having regard to the recommendations contained in the Comhairle report.

The national treatment purchase fund has arranged, and will continue to arrange, treatment for patients who require certain neurological procedures and who have been waiting longer than three months.

Health Board Services.

John Perry

Question:

183 Mr. Perry asked the Tánaiste and Minister for Health and Children her plans to grant funding to an organisation (details supplied) in County Sligo; if her attention has been drawn to the fact that it is unable to advertise its services or have an out-of-hours service and has no refuge house when violent incidents occur at the weekends and at night; if she will sanction additional funding immediately for this sector; if the Finance Bill 2005 will contain a provision for the establishment of distinct budget lines in each Department with responsibility for violence against women; and if she will make a statement on the matter. [3422/05]

The national steering committee on violence against women was established following the 1997 report of the task force on violence against women. Its purpose is to provide a multi-disciplinary, multi-agency and cohesive response to the problem of violence against women and it is chaired by the Minister of State at the Department of Justice, Equality and Law Reform.

My Department does not directly fund or co-ordinate health and personal social services to victims of abuse. Moneys are made available each year, formerly through the health boards, and now through the Health Service Executive, for the provision of services to women victims of violence. In recent years there has been a substantial increase in funding so that now over €12 million is provided annually for the provision of such services. It is now a matter for the Health Service Executive to resource the provision of these services.

Jack Wall

Question:

184 Mr. Wall asked the Tánaiste and Minister for Health and Children the position regarding the application by a person (details supplied) in County Kildare for a hearing aid; and if she will make a statement on the matter. [3424/05]

The Health Act 2004 provided for the Health Service Executive, which was established on 1 January 2005. Under the Act, the executive has the responsibility to manage and deliver, or arrange to be delivered on its behalf, health and personal social services. This includes responsibility for audiology services. Accordingly, my Department has requested the chief officer for the executive's eastern area to investigate the matter raised and to reply directly to the Deputy.

Health Board Staff.

Fergus O'Dowd

Question:

185 Mr. O’Dowd asked the Tánaiste and Minister for Health and Children the position regarding funding for additional staff at St. Mary’s, Drumcar, County Louth; and if she will make a statement on the recent meeting held in relation to St Mary’s. [3425/05]

As the Deputy may be aware, the Health Act 2004 provided for the Health Service Executive, which was established on 1 January 2005. Under the Act, the executive is required to manage and deliver, or arrange to be delivered on its behalf, health and personal social services.

In this regard, the Health Service Executive's north-eastern area met the St. John of God order's north-east services on 1 February 2005 At that meeting it was agreed to use the existing joint partnership forum to develop a strategy on how best to continue the implementation of the Sale & Oreschnjck report to address the outstanding priority concerns regarding health and safety issues and critical staffing levels at St. Mary's residential services. Both parties are hopeful for a positive outcome.

The Health Service Executive's north-east disability services and St. John of God north-east service will arrange to keep parent representatives abreast of developments.

Clinical Indemnity Scheme.

Liz McManus

Question:

186 Ms McManus asked the Tánaiste and Minister for Health and Children the cover which is provided for doctors for good Samaritan acts in relation to the State medical indemnity scheme; if no cover is provided, the advice which is being given to doctors in an emergency of this type; and if she will make a statement on the matter. [3427/05]

The clinical indemnity scheme covers personal injury claims against staff employed by agencies covered by the scheme who provide care or treatment in emergencies in the Republic of Ireland. The scheme does not extend to informal non-emergency diagnosis, treatment or prescribing for family, friends or colleagues other than in the context of a formal attendance for treatment at an agency covered by the scheme. Professional indemnity cover for good Samaritan acts not covered by the clinical indemnity scheme is provided by the MDU and MPS as a benefit of membership.

General Practitioner Co-operatives.

Jerry Cowley

Question:

187 Dr. Cowley asked the Tánaiste and Minister for Health and Children when she will approve the implementation of the extension of Westdoc to provide out of hours cover to 41 or more general practitioners in Mayo and Galway; and if she will make a statement on the matter. [3438/05]

The Health Act 2004 provided for the Health Service Executive, which was established on 1 January 2005. Under the Act, the executive has the responsibility to manage and deliver, or arrange to be delivered on its behalf, health and personal social services. This includes responsibility for the development and expansion of out-of-hours general practitioner co-operatives.

Between 2000 and 2004, a total of €72.882 million was allocated to the health boards for out-of-hours co-operatives. Of this sum, €7.57 million was allocated to the western area of the Health Service Executive for its out-of-hours co-operative, Westdoc. For 2005, of the €31.98 million which has been allocated nationally for out-of-hours co-operatives, €3.55 million has been allocated to the executive's western area. This figure includes an additional amount of €800,000, specifically for expansion in 2005.

The geographical areas to be covered by co-operatives and any expansion are decisions for the relevant area of the Health Service Executive to make, having regard to the strategic, financial and other issues involved. The dedicated funding for GP out-of-hours co-operatives is exclusive of the fees paid to participating practitioners for attending patients.

Hospital Services.

Michael Ring

Question:

188 Mr. Ring asked the Tánaiste and Minister for Health and Children the number of beds which are vacant in the orthopaedic units of Mayo General Hospital and Merlin Park Hospital, Galway; if there are vacant beds in these units; the reason for same when there is such a crisis in the State’s hospitals; and the number of persons who are on the waiting lists for orthopaedic treatments in both hospitals. [3439/05]

The Health Act 2004 provided for the Health Service Executive, which was established on 1 January 2005. Under the Act, the executive has the responsibility to manage and deliver, or arrange to be delivered on its behalf, health and personal social services. This includes responsibility for Mayo General Hospital and Merlin Park Hospital, Galway. Accordingly, my Department has requested the chief officer for the executive's western area to investigate the issues raised and to reply directly to the Deputy.

Liam Twomey

Question:

189 Dr. Twomey asked the Tánaiste and Minister for Health and Children the number of persons treated as public and private patients in each acute hospital between 2002 and 2004; and if she will make a statement on the matter. [3440/05]

Liam Twomey

Question:

190 Dr. Twomey asked the Tánaiste and Minister for Health and Children the percentage of beds in each acute hospital used for public and private patients between 2002 and 2004; and if she will make a statement on the matter. [3441/05]

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

The information requested is being collated by my Department and will be forwarded to the Deputy directly.

Question No. 191 answered with QuestionNo. 179.

Hospital Waiting Lists.

Jack Wall

Question:

192 Mr. Wall asked the Tánaiste and Minister for Health and Children when a person (details attached) in County Kildare will receive medical treatment; and if she will make a statement on the matter. [3443/05]

The Health Act 2004 provided for the Health Service Executive, which was established on 1 January 2005. Under the Act, the executive has the responsibility to manage and deliver, or arrange to be delivered on its behalf, health and personal social services. This includes responsibility for the provision of mental health services. Accordingly, my Department has requested the chief officer for the executive's eastern regional area to investigate the matter raised and to reply directly to the Deputy.

Mental Health Services.

Finian McGrath

Question:

193 Mr. F. McGrath asked the Tánaiste and Minister for Health and Children if it is appropriate to have a hospital on the same grounds as a prison. [3446/05]

Enda Kenny

Question:

208 Mr. Kenny asked the Tánaiste and Minister for Health and Children the names of the members of the project team for the Central Mental Hospital; the date on which the project team reported its findings to her Department; if she will give the recommendations made by the project team; if she will report on its recommendations in relation to the location of the Central Mental Hospital; if it recommended a greenfield site; and if it recommended that the hospital be located adjacent to a prison; and if she will make a statement on the matter. [3716/05]

Enda Kenny

Question:

214 Mr. Kenny asked the Tánaiste and Minister for Health and Children if she ever proposed that the Central Mental Hospital be located adjacent to Mountjoy Prison; and if she will make a statement on the matter. [3724/05]

Enda Kenny

Question:

215 Mr. Kenny asked the Tánaiste and Minister for Health and Children if she opposed the proposal to locate the Central Mental Hospital adjacent to Mountjoy Prison; and if she will make a statement on the matter. [3725/05]

Enda Kenny

Question:

216 Mr. Kenny asked the Tánaiste and Minister for Health and Children if an agreement has been reached between her Department and the Office of Public Works in relation to the sale of the Central Mental Hospital; the details of the provision which has been made for investing the balance of funds accruing from the sale of the Dundrum site, after providing for a new hospital, into community mental health facilities; and if she will make a statement on the matter. [3726/05]

I propose to take Questions Nos. 193, 208 and 214 to 216, inclusive, together.

In 2003, the Minister for Health and Children established a project team, chaired by the East Coast Area Health Board, to progress the re-development of the Central Mental Hospital. This team included representatives from the Department of Health and Children, the Eastern Regional Health Authority, the East Coast Area Health Board, the clinical director, the director of nursing and the hospital manager of the Central Mental Hospital, the Irish Prison Service and a representative of the chief executive officers of the other health boards. I have asked the chairman of the project team, Mr. Martin Gallagher, now chief officer of the Health Service Executive's east coast area, to contact Deputy Kenny directly to supply the details of membership of the project team to him.

The project team's remit was to critically examine all options for the re-development of the hospital, to put together a design brief for the re-development, and to examine various financing options for the project.

There were six options considered by the group as follows: to develop a new facility on a greenfield site in the greater Dublin area; to develop a new facility on a greenfield site outside the greater Dublin area; to refurbish or upgrade the existing facility to accommodate the service; partial new build of the hospital with retention and refurbishment of some of the existing building; to transfer the service to another existing facility; or do nothing.

Several options, including the option of remaining in Dundrum, were examined under the various criteria including clinical quality-strategic fit, cost — capital and revenue, timescale, future demands, integrated services, accessibility and safety and security.

The team reported to the Department of Health and Children via the Eastern Regional Health Authority in May 2004 and recommended that the Central Mental Hospital be relocated to a new purpose-built facility in the greater Dublin area, as this was judged to be the most appropriate option for delivery of patient care.

The project team made no specific recommendation in relation to locating the Central Mental Hospital adjacent to a prison. However, the majority of admissions to the hospital come from within the prison service.

The new Central Mental Hospital will be a health facility, providing a therapeutic forensic psychiatric service to the highest international standards in a state-of-the-art building. The hospital will remain under the aegis of the Department of Health and Children and will be owned and managed by the Health Service Executive. Furthermore, I have asked my officials to examine the option of providing a separate governance structure for the hospital, by way of its own board, reflecting its importance as a national, tertiary psychiatric service. It is intended to develop the Central Mental Hospital, independently of the prison complex to replace Mountjoy Prison, by means of a separate capital development project, managed and directed by the Health Service Executive. A new central mental hospital on the 150-acre site would have its own grounds with a separate entrance, access road and address to the prison complex.

The lands of the Central Mental Hospital are the property of the Office of Public Works. My Department is preparing detailed proposals for Government in relation to the development of a new hospital and the disposal of the property at Dundrum. It is my intention that the proceeds from the sale of the existing site will go towards the provision of the new hospital in the first instance, with the balance of funds to be invested in health facilities, in particular community mental health facilities.

Medical Cards.

Pat Breen

Question:

194 Mr. P. Breen asked the Tánaiste and Minister for Health and Children the reason a person (details supplied) in County Clare did not qualify for a medical card; and if she will make a statement on the matter. [3457/05]

The Health Act 2004 provided for the Health Service Executive, which was established on 1 January 2005. Under the Act, the executive has the responsibility to manage and deliver, or arrange to be delivered on its behalf, health and personal social services. This includes responsibility for the assessment of applications for medical cards. Accordingly, my Department has requested the chief officer for the executive's mid-western area to investigate the matter raised and to reply directly to the Deputy.

Nursing Home Subventions.

Paul McGrath

Question:

195 Mr. P. McGrath asked the Tánaiste and Minister for Health and Children her plans for changes in the capital disregard for receipt of nursing home subvention. [3467/05]

As the Deputy will be aware, the nursing home subvention scheme is governed by the Nursing Home Subvention Regulations 1993. Schedule 2 of the regulations state that the first €7,618 of any asset or assets available to a person applying for nursing home subvention shall be disregarded.

It should be noted that the placing of a person in a private nursing home is a private matter between that person, or his or her representative and the nursing home. The subvention scheme was introduced to financially assist those who chose this system of care. The regulations including limits on income and assets were introduced to ensure that available resources were directed to those most in need. In a broader context it may be of interest to you to note that a review of the nursing home subvention scheme is ongoing within my Department. The ultimate aim of the review will be the development of a system which will be transparent, provide equity, be less discretionary, be financially sustainable and ensure a high standard of care is on offer to clients.

Health Services.

Paul McGrath

Question:

196 Mr. P. McGrath asked the Tánaiste and Minister for Health and Children the number and location of public nursing home beds in County Longford. [3468/05]

The Health Act 2004 provided for the Health Service Executive, which was established on 1 January 2005. Under the Act, the executive has the responsibility to manage, deliver or arrange to be delivered on its behalf, health and personal social services. This includes responsibility for the provision of public nursing home beds in County Longford. Accordingly, my Department has requested the chief officer for the executive's midland area to investigate the matter raised and to reply directly to the Deputy.

Health Service Staff.

Jerry Cowley

Question:

197 Dr. Cowley asked the Tánaiste and Minister for Health and Children the reason a person (details supplied) in County Mayo is unable to obtain employment with the health board; and if she will make a statement on the matter. [3470/05]

The Health Act 2004 provided for the Health Service Executive, which was established on 1 January 2005. Under the Act, the executive has the responsibility to manage and deliver, or arrange to be delivered on its behalf, health and personal social services. This includes responsibility for recruitment. As the Deputy may be aware, arising from the settlement of a High Court action, an agreed assessment process has been carried out for persons wishing to provide chiropody services in the public health service.

Following the recent completion of the assessment process and in light of the publication of the Health and Social Care Professionals Bill, which provides for the establishment of a system of statutory registration for health and social care professionals, including chiropodists, it will be necessary for the profession to carry out a review of the assessment system in order to inform the grandparenting and registration process to be established for chiropodists under the regulatory system.

Pending the establishment of the system of statutory registration, it is the responsibility of the Health Service Executive to satisfy itself that persons providing chiropody services are appropriately qualified and competent and fit to practise.

Health Services.

Seán Ó Fearghaíl

Question:

198 Mr. Ó Feargháil asked the Tánaiste and Minister for Health and Children when speech and language therapy services will be provided to a person (details supplied) in County Kildare. [3488/05]

The Health Act 2004 provided for the Health Service Executive, which was established on 1 January 2005. Under the Act, the executive has the responsibility to manage and deliver, or arrange to be delivered on its behalf, health and personal social services. This includes responsibility for the provision of speech and language therapy. Accordingly, my Department has requested the chief officer of the executive's south-western area to investigate the matter raised and reply to the Deputy.

Hospitals Building Programme.

Enda Kenny

Question:

199 Mr. Kenny asked the Tánaiste and Minister for Health and Children , further to Question No. 201 of 22 June 2004, the progress which has been made for the provision of a new community hospital for Dingle, County Kerry; the level of funding available for 2005; the construction date for same; and if she will make a statement on the matter. [3494/05]

The provision of a new community hospital for Dingle, County Kerry, will be addressed in the context of the Health Service Executive's national service plan which will indicate its proposed capital plan for the year. I expect this plan will be presented to me shortly.

Health Insurance Companies.

Richard Bruton

Question:

200 Mr. Bruton asked the Tánaiste and Minister for Health and Children the value of premia paid to and expenditure by health insurance companies. [3517/05]

The most recent figures available, provided by the health insurance authority, are that total premia paid in 2004, including premia paid to restricted membership undertakings, was approximately €1,060 million. Corresponding figures for expenditure are not available.

Ambulance Service.

Róisín Shortall

Question:

201 Ms Shortall asked the Tánaiste and Minister for Health and Children if her attention has been drawn to the concerns of residents in Ashbourne, County Meath, regarding the poor ambulance service available to them due to the fact that they are served by bases in Navan or Drogheda which leads to lengthy delays; if she will give urgent consideration to serving Ashbourne from ambulance bases on the north side of Dublin or alternatively make provision for an ambulance at the fire brigade base adjacent to Ashbourne; and if she will make a statement on the matter. [3518/05]

The Health Act 2004 provided for the Health Service Executive, which was established on 1 January 2005. Under the Act, the executive has the responsibility to manage and deliver, or arrange to be delivered on its behalf, health and personal social services. This includes responsibility for ambulance services in County Meath. Accordingly, my Department has requested the chief officer for the executive's north-eastern area to investigate the matter raised and to reply directly to the Deputy.

Medical Cards.

Breeda Moynihan-Cronin

Question:

202 Ms B. Moynihan-Cronin asked the Tánaiste and Minister for Health and Children when it is proposed to introduce legislation in order that a directive can be issued to the Health Service Executive with regard to doctor visit cards; and if she will make a statement on the matter. [3541/05]

Breeda Moynihan-Cronin

Question:

217 Ms B. Moynihan-Cronin asked the Tánaiste and Minister for Health and Children if she will clarify her statement of 18 November 2004 on the publication of the health Estimate that the doctor visit cards would allow persons to access through their general practitioner a range of medical services in the public hospital system; the services she is referring to; and if she will make a statement on the matter. [3727/05]

I propose to take Questions Nos. 202 and 217 together.

My Department is at present considering the nature of the legislative changes required to enable effect to be given to the decision to introduce doctor visit medical cards. Legislation in this regard will be introduced as soon as possible.

The new doctor visit card will cover visits to general practitioners who hold General Medical Services contracts with the Health Service Executive to treat GMS patients, and to whom these patients have been, or have expressed a wish to be, assigned under the General Medical Services medical card scheme.

As I have stated previously, I wanted to use resources to benefit as many people on lower incomes as possible. Parents on low incomes should not have to worry about the cost of bringing their child to a doctor. People will now be able to get the advice and reassurance they need from their GP, and in many cases, no additional costs will arise. Persons who hold doctor visit cards will be entitled to avail of drugs and medicines under the drugs payment scheme which provides that no person or family unit must pay in excess of €85 per month in respect of a range of approved prescribed drugs and medicines.

The new card is intended to confer entitlement to free GP visits for certain people with otherwise limited eligibility. The services in respect of the supply of medicines and a range of services provided free of charge under the GMS medical card scheme in the community, such as pharmacy, dental, ophthalmic and aural will not be available to those who hold doctor visit cards.

All those ordinarily resident in the State have eligibility for treatment in a public hospital subject, in the case of those with limited eligibility, to the statutory inpatient and outpatient charge. In relation to the outpatient charge for attendance at accident and emergency and casualty departments, the charge will apply except in circumstances where the person has been referred by a medical practitioner or where the patient's attendance results in admission as an inpatient.

There are a number of exemptions to the statutory charges, including medical card holders with full eligibility, women receiving services in respect of motherhood, children up to the age of six weeks and children referred for treatment from child health clinics and school health examinations. Also exempt from these charges are children receiving treatment for a number of prescribed diseases; and holders of a Health (Amendment) Act card. Under the Out-patient (Amendment) Regulations 2003, persons receiving services for the diagnosis or treatment of infectious diseases prescribed under Part IV of the Public Health Act 1947 are exempt, as are members of the Defence Forces personnel and their dependants. Those holding a doctor visit card will not be exempt from the statutory charges incurred unless they are covered by one of the exemptions specified above.

Hospital Services.

Tony Gregory

Question:

203 Mr. Gregory asked the Tánaiste and Minister for Health and Children if her Department will assist a person (details supplied) in Dublin 10; if this person can be considered for the public beds reserved for persons recovering from drug addiction; and if she will make a statement on the matter. [3542/05]

The Health Act 2004 provided for the Health Service Executive, which was established on 1 January 2005. Under the Act, the executive has the responsibility to manage and deliver, or arrange to be delivered on its behalf, health and personal social services. This includes responsibility for the provision of addiction treatment services. Accordingly, my Department has requested the chief officer for the executive's eastern regional area to investigate the matter raised and to reply directly to the Deputy.

Civil Registration Service.

Seamus Healy

Question:

204 Mr. Healy asked the Tánaiste and Minister for Health and Children when she proposes to commence the changes to the Civil Registration Act to allow registrars to officiate at wedding ceremonies at locations other than the registrars office such as hotels; and if she will make a statement on the matter. [3554/05]

The civil registration service has been engaged in a major modernisation programme in recent years, including conversion of historic records to electronic format and implementation of a new computerised registration system. This work, which is key to the implementation of the Civil Registration Act 2004, is being carried out in phases and the stage has been reached when it will soon be possible to begin commencing certain provisions of the Act.

The Civil Registration Act 2004 provides for the commencement of the various provisions of the Act on a gradual basis. It is anticipated that Parts 1, 2, 3, 5 and 8 of the Act, which relate to the restructuring of the service and the registration of births, stillbirths and deaths, will be commenced shortly.

The new procedures for marriage are set out in Part 6 of the Act and include universal procedures for notification, solemnisation and registration of marriages. Before these provisions can be commenced, a substantial body of work needs to be completed, including drafting of regulations, guidelines and detailed procedures; establishment of a register of solemnisers in co-operation with religious bodies; and the further development of the computer system to incorporate the new marriage provisions introduced by the Act.

In addition, the General Register Office is decentralising to Roscommon in April 2005, and this involves considerable effort to ensure the transfer of sufficient skills and corporate knowledge to enable the new team to provide an effective service from the new location. For these reasons, an tArd-Chláraitheoir is unable to give a specific date for implementation of the new marriage procedures, but it is unlikely to be before the end of this year. It is intended to give as much public notice as possible and a comprehensive public information campaign will be undertaken at the appropriate time.

Medical Cards.

Breeda Moynihan-Cronin

Question:

205 Ms B. Moynihan-Cronin asked the Tánaiste and Minister for Health and Children if all of the health boards have implemented the new income thresholds for medical cards; if not, the health boards which have not done so; and if she will make a statement on the matter. [3559/05]

Breeda Moynihan-Cronin

Question:

206 Ms B. Moynihan-Cronin asked the Tánaiste and Minister for Health and Children if she will elaborate on her commitment given in a statement on the health Estimate 2005 on 18 November 2004 that children with illnesses that persist from year to year will not have to re-apply for a medical card each year; and if she will make a statement on the matter. [3647/05]

Breeda Moynihan-Cronin

Question:

218 Ms B. Moynihan-Cronin asked the Tánaiste and Minister for Health and Children if she will clarify her statement of 18 November 2004 on the publication of the health Estimate that approximately 70,000 discretionary medical cards are issued; the way in which this information is obtained and compiled; the timescale she is referring to; if this number of cards is an annual figure; and if she will make a statement on the matter. [3728/05]

I propose to take Questions Nos. 205, 206 and 218 together.

The Health Act 2004 provided for the Health Service Executive, which was established on 1 January 2005. Under the Act, the executive has the responsibility to manage and deliver, or arrange to be delivered on its behalf, health and personal social services. This includes responsibility for the assessment for medical cards.

The new income guidelines, as agreed by the chief executive officers of the former health boards, have been introduced since January 2005. These guidelines reflect the 7.5% increase on the 2004 figures, as announced by me in November 2004, and also include substantial increases in respect of dependent children. Parents of children with illnesses that persist from year to year can be assured that they will not have to reapply for a medical card each year alleviating the anxiety of wondering if their medical card will continue. The assumption is that this will apply to a small number of children with very serious illnesses, where a review would normally result in automatic renewal of the medical card. An operational group overseeing the medical card scheme has been asked to put processes in place that limit the need for frequent reviews in these cases.

The procedures and arrangements in place locally in respect of the administration of the general medical services scheme are matters for the chief officer of the Health Service Executive's area to decide. This would include the issue of reviews of eligibility of card holders and the frequency of such reviews.

An estimated 70,000 discretionary medical cards reflect the number of cards in the system. This figure is based on data from the former health boards. These cards were issued under the discretionary powers of the chief executive officers under the Health Act 1970. The Health Service Executive is addressing, in conjunction with my Department, the drawing up of guidelines governing the issue of discretionary medical cards.

John Perry

Question:

207 Mr. Perry asked the Tánaiste and Minister for Health and Children if a medical card application for a person (details supplied) will be approved; and if she will make a statement on the matter. [3652/05]

The Health Act 2004 provided for the Health Service Executive, which was established on 1 January 2005. Under the Act, the executive has the responsibility to manage and deliver, or arrange to be delivered on its behalf, health and personal social services. This includes responsibility for the assessment of applications for medical cards. Accordingly, my Department has requested the chief officer for the executive's western area to investigate the matter raised and to reply directly to the Deputy

Question No. 208 answered with QuestionNo. 193.

Cancer Screening Programme.

Cecilia Keaveney

Question:

209 Cecilia Keaveney asked the Tánaiste and Minister for Health and Children her views on whether a solution to the need for the urgent expansion of the BreastCheck service into Donegal will be found in a closer development of co-operation with existing and well established practice in Northern Ireland; and if she will make a statement on the matter in view of the fact that much of Donegal is further geographically from Galway than from Dublin and has a close proximity to existing services in the other jurisdiction. [3717/05]

The rollout of the national breast screening programme to the remaining counties is a major priority in the development of cancer services. This will ensure that all women in the 50 to 64 age group in every county have access to breast screening and follow-up treatment where appropriate.

A capital investment of approximately €21 million has been approved to construct and equip two static clinical units, one in Cork and the other in Galway. In addition, this investment will also ensure that mobile units are available to screen women in the southern, western and north-western counties, including Donegal. Accordingly, BreastCheck will provide local mammography screening services for women in Donegal.

In advance of the rollout of BreastCheck to Donegal, women in Donegal avail of mammography services at Letterkenny General Hospital. I understand that there is considerable co-operation between Letterkenny General Hospital and Altnagelvin Hospital in Derry.

The Health Act 2004 provided for the Health Service Executive, which was established on 1 January 2005. Under the Act, the executive has the responsibility to manage and deliver, or arrange to be delivered on its behalf, health and personal social services. This includes responsibility for the provision of mammography services. Accordingly, my Department has requested the chief officer for the executive's north western area to examine the particular issues raised and to reply to the Deputy directly.

Health Services.

Cecilia Keaveney

Question:

210 Cecilia Keaveney asked the Tánaiste and Minister for Health and Children if she is satisfied with the level of prevention measures in place in Donegal for both male and female cancers; and if she will make a statement on the procedures being put in place to deal with this, either nationally or on an all-Ireland manner. [3718/05]

The Health Act 2004 provided for the Health Service Executive, which was established on 1 January 2005. Under the Act, the executive has the responsibility to manage and deliver, or arrange to be delivered on its behalf, health and personal social services. This includes responsibility for the issues raised by the Deputy. Accordingly, my Department has requested the executive to investigate the matters raised and to reply directly to the Deputy.

Asthma Research.

Cecilia Keaveney

Question:

211 Cecilia Keaveney asked the Tánaiste and Minister for Health and Children if the provision of information will be promoted to sufferers or families of young asthmatics to minimise the risk of attacks in view of the fact that Ireland has the fourth highest rate of asthmatics in the world; and if she will make a statement on whether studies may be initiated here to add to the body of knowledge that exists regarding the causes of asthma. [3719/05]

There are a number of factors which contribute to the development of asthma. It is generally accepted, not only in Ireland but in the western world in general, that there is a requirement for further research on the many causes of asthma, in particular those relating to genetics and the environment. On this basis, Ireland hosted and actively participated in the European Union's joint research council childhood asthma initiative last year which is continuing to provide further research information on asthma and its causes. Ireland also participates in international prevalence studies and additional work is ongoing on the development of further information systems on asthma. In recent years, the Health Research Board has received and funded a number of proposals relating to asthma and respiratory disease. There is scope for further funding when the Health Research Board announces its project and programme grant scheme in the coming months. There are no plans at present to initiate an information campaign as suggested by the Deputy but I will keep the matter under review.

Mental Health Services.

John McGuinness

Question:

212 Mr. McGuinness asked the Tánaiste and Minister for Health and Children if the appropriate home supports for a person (details supplied) in County Kilkenny will be put in place; if the SEHB will examine the case again to determine if the person can be referred to a specialised unit for treatment. [3721/05]

The Health Act 2004 provided for the Health Service Executive, which was established on 1 January 2005. Under the Act, the executive has the responsibility to manage and deliver, or arrange to be delivered on its behalf, health and personal social services. This includes responsibility for the provision of mental health services. Accordingly, my Department has requested the chief officer for the executive's south eastern area to investigate the matter raised and to reply directly to the Deputy.

Hospital Waiting Lists.

Gay Mitchell

Question:

213 Mr. G. Mitchell asked the Tánaiste and Minister for Health and Children when a person (details supplied) in Dublin 8 will be called for an appointment with a consultant; and if she will make a statement on the matter. [3722/05]

The Health Act 2004 provided for the Health Service Executive, which was established on 1 January 2005. Under the Act, the executive has the responsibility to manage and deliver, or arrange to be delivered on its behalf, health and personal social services. This includes responsibility for the provision of health services to persons residing in Dublin. Accordingly, my Department has requested the chief officer for the executive's eastern regional area to investigate the matters raised and to reply directly to the Deputy.

Questions Nos. 214 to 216, inclusive, answered with Question No. 193.
Question No. 217 answered with QuestionNo. 202.
Question No. 218 answered with QuestionNo. 205.

Jack Wall

Question:

219 Mr. Wall asked the Tánaiste and Minister for Health and Children the position in regard to an application by a person (details supplied) in County Kildare for a cataract operation; and if she will make a statement on the matter. [3729/05]

The Health Act 2004 provided for the Health Service Executive, which was established on 1 January 2005. Under the Act, the executive is required to manage and deliver, or arrange to be delivered on its behalf, health and personal social services. Responsibility for the provision of health services in County Kildare rests with the executive. My Department has requested the chief officer for the executive's eastern regional area to investigate the matter raised and to reply directly to the Deputy.

Health Service Staff.

John Deasy

Question:

220 Mr. Deasy asked the Tánaiste and Minister for Health and Children if she will report on the difficulties being experienced in the recruitment of social worker assessors for adoption purposes; if her attention has been drawn to the fact that in the Waterford area of the south Health Service Executive there are four vacancies with two on career breaks and two on maternity leave; the steps she is taking to resolve this issue; and if she will make a statement on the matter. [3730/05]

The Health Act 2004 provided for the Health Service Executive, which was established on 1 January 2005. Under the Act, the executive has the responsibility to manage and deliver, or arrange to be delivered on its behalf, health and personal social services. This includes responsibility for adoption assessments. Accordingly, my Department has requested the chief officer for the executive's south-eastern area to investigate the matter raised and to reply directly to the Deputy.

Hospital Services.

Tom Hayes

Question:

221 Mr. Hayes asked the Tánaiste and Minister for Health and Children the plans which exist to develop general services and facilities in South Tipperary General Hospital in Clonmel; if she will sanction the opening of the new 23 bed medical unit; and when the €2 million promised in March 2003 to open the unit will become available. [3731/05]

The Health Act 2004 provided for the Health Service Executive, which was established on 1 January 2005. Under the Act, the executive has the responsibility to manage and deliver, or arrange to be delivered on its behalf, health and personal social services. This includes responsibility for services at South Tipperary General Hospital. Accordingly, my Department has requested the chief officer for the executive's south eastern area to investigate the matter raised and to reply directly to the Deputy.

Tom Hayes

Question:

222 Mr. Hayes asked the Tánaiste and Minister for Health and Children the plans which exist to develop services and facilities in Our Lady’s Hospital, Cashel; and when funding for such development will become available. [3732/05]

The Health Act 2004 provided for the Health Service Executive, which was established on 1 January 2005. Under the Act, the executive is required to manage and deliver, or arrange to be delivered on its behalf, health and personal social services. This includes responsibility for the provision of services at Our Lady's Hospital, Cashel and South Tipperary General Hospital, Clonmel. To progress the developments and resolve the issues, including staffing issues arising at Cashel and Clonmel, the HSE south-eastern area, formerly the South Eastern Health Board, has carried out an analysis of five options to resolve outstanding difficulties. These options will be the subject of discussions at an early date between the Department and the HSE, in the context of the HSE's service plan for 2005.

Nursing Home Subventions.

Michael Ring

Question:

223 Mr. Ring asked the Tánaiste and Minister for Health and Children the breakdown for the nursing home subvention guidelines in each of the former health board areas; and the lowest and highest amounts paid for each region. [3733/05]

The Health Act 2004 provided for the Health Service Executive, which was established on 1 January 2005. Under the Act, the executive has the responsibility to manage, deliver or arrange to be delivered on its behalf, health and personal social services. This includes responsibility for the provision of the nursing home subvention scheme in the Health Service Executive. Accordingly, my Department has requested the chief officers for the executive's areas to investigate the matter raised and to reply directly to the Deputy.

Hospital Accommodation.

Cecilia Keaveney

Question:

224 Cecilia Keaveney asked the Tánaiste and Minister for Health and Children the position in relation to having extra beds provided for Letterkenny General Hospital to help ease the pressure on the accident and emergency unit; and if she will make a statement on the matter. [3799/05]

The Health Act 2004 provided for the Health Service Executive, which was established on 1 January 2005. Under the Act, the executive has the responsibility to manage and deliver, or arrange to be delivered on its behalf, health and personal social services. This includes responsibility for services at Letterkenny General Hospital. Accordingly, my Department has requested the chief officer for the executive's north-western area to investigate the matter raised and to reply directly to the Deputy.

I have identified the delivery of accident and emergency services as a priority area for attention. I have announced a ten-point action plan in relation to accident and emergency services which is being financed with €70 million current funding and €10 million capital funding. My Department is liaising with the HSE to progress the implementation of the plan.

Hospital Services.

Pat Breen

Question:

225 Mr. P. Breen asked the Tánaiste and Minister for Health and Children the position regarding beds for respite care at a hospital (details supplied) in County Clare; and if she will make a statement on the matter. [3805/05]

The Health Act 2004 provided for the Health Service Executive, which was established on 1 January 2005. Under the Act, the executive has the responsibility to manage, deliver or arrange to be delivered on its behalf, health and personal social services. This includes responsibility for the provision of respite care in County Clare. Accordingly, my Department has requested the chief officer for the executive's mid-western area to investigate the matter raised and to reply direct to the Deputy.

Health Services.

Jan O'Sullivan

Question:

226 Ms O’Sullivan asked the Tánaiste and Minister for Health and Children when it is proposed to commence the construction of a health centre at Westbury, Corbally, County Clare; and if she will make a statement on the matter. [3820/05]

The Health Act 2004 provided for the HSE, which was established on 1 January 2005. Under the Act the executive has the responsibility to manage and deliver, or arrange to be delivered on its behalf, health and personal social services. This includes responsibility for the construction of a health centre at Westbury, Corbally, County Clare. My Department has requested the chief officer for the executive's mid-western area to investigate the matter raised and reply to the Deputy direct.

Health and Safety Standards.

Jan O'Sullivan

Question:

227 Ms O’Sullivan asked the Tánaiste and Minister for Health and Children if gymnasia and leisure centres are covered under public health legislation that require that they be regularly inspected in the interests of public health and safety; if not, if she has plans to introduce any such legislation; and if she will make a statement on the matter. [3821/05]

While there is no specific public health legislation governing gymnasia and leisure centres, the Environmental Health Officers Association has produced a policy document entitled The Environmental Health Standards for Swimming Pools, Spa Pools, Hydrotherapy Pools and Other Multi-user Pools relating to environmental health standards in leisure facilities. The guidelines outline the standards that are necessary, based on research and professional experience and cover various areas of environmental health, structure and facilities, water quality and treatment, cleaning and maintenance, management systems and health and safety. The guidelines are endorsed by the Institute of Leisure and Amenity Managers, ILAM, which also provided technical assistance.

Under the Safety, Health and Welfare at Work Act 1989, the Health and Safety Authority is the State body charged with overall responsibility for administration, enforcement and promotion of workplace safety and health. Under the Act, gymnasia and leisure centres, in so far as they are workplaces, would be inspected by the authority in the interest of worker safety.

I have no plans at present to introduce legislation as referred to by the Deputy.

Violence Against Women.

Liz McManus

Question:

228 Ms McManus asked the Tánaiste and Minister for Health and Children if her attention has been drawn to the fact that for four years running, the Government budget has neglected to increase funding to the violence against women sector, other than cost of living increases and as a result of this, counselling services and other needs cannot be provided; if her attention has further been drawn to the fact that in view of the lack of structure to date and the effective cap on funding since 2002, this sector is in dire need of a once-off leap in funding with immediate effect; if this will be incorporated into the Finance Bill; and if she will make a statement on the matter. [3822/05]

The national steering committee on violence against women was established following the report of the task force on violence against women published in 1997. Its purpose is to provide a multidisciplinary, multi-agency and cohesive response to the problem of violence against women and it is chaired by the Minister of State at the Department of Justice, Equality and Law Reform.

My Department does not directly fund or coordinate health and personal social services to victims of abuse. Moneys are made available each year, formerly through the health boards, and now through the Health Service Executive, for the provision of services to women victims of violence. In recent years there has been a substantial increase in funding so that now over €12 million is provided annually for the provision of such services. The distribution of this funding is now a matter for the Health Service Executive.

I have asked my Department, together with the Health Service Executive, to undertake an analysis of the current level of service provision in this area with a view to planning future service needs.

Hospital Staff.

Liz McManus

Question:

229 Ms McManus asked the Tánaiste and Minister for Health and Children if she has allocated funding for the two neurology consultants and a full complement of support staff for Waterford Regional Hospital as the Comhairle na nOspidéal report endorsed; when the neurologists will be taking up their posts; and if she will make a statement on the matter. [3823/05]

The Health Act 2004 provided for the Health Service Executive, which was established on 1 January 2005. Under the Act, the executive has the responsibility to manage and deliver, or arrange to be delivered on its behalf, health and personal social services. This includes responsibility for services provided at Waterford Regional Hospital. Accordingly, my Department has requested the chief officer for the executive's south-eastern area to investigate the matter raised and reply to the Deputy directly.

Nursing Education.

Liz McManus

Question:

230 Ms McManus asked the Tánaiste and Minister for Health and Children the reason she signed into effect an An Bord Altranais decision to adopt changes which radically alter the qualification requirements leading to registration as a public health nurse without prior consultation or dialogue with public health nurses or their representative bodies; and if she will make a statement on the matter. [3824/05]

Regulation of the nursing and midwifery professions, including the setting of requirements and standards in relation to the education programmes for registration, is the statutory responsibility of An Bord Altranais, a broadly representative body. The 29 members include 17 elected by nurses who are representative of all the divisions of the register. A composite set of rules were approved by the board in November 2004 and included the changes referred to by the Deputy. My approval is required under section 26 of the Nurses Act 1985 and these rules were formally approved by me in December 2004 as soon as they were submitted by the board. In this case it is appropriate to respect the recommendations and advice of the professional regulatory body for nursing.

National Disability Strategy.

Liz McManus

Question:

231 Ms McManus asked the Tánaiste and Minister for Health and Children when the allocation of funding for personal assistance and assisted living hours announced in budget 2005 will be made; and if she will make a statement on the matter. [3825/05]

Officials of my Department will meet with representatives of the Health Service Executive next week to discuss appropriate protocols for the allocation and monitoring of the additional funds which are being made available for services for people with disabilities as part of the national disability strategy. I expect that the relevant allocations will be made following that meeting.

Hospital Services.

Róisín Shortall

Question:

232 Ms Shortall asked the Tánaiste and Minister for Health and Children if she will investigate the serious capacity problems at Beaumont Hospital, Dublin, which has led to the cancellation of a hysterectomy operation for a person (details supplied) in July, August, October and December 2004 and February 2005 due to the lack of an available bed in the hospital; if an immediate report will issue on this matter from Beaumont Hospital regarding the reason such a serious operation could not be performed in the hospital on any of the scheduled dates; her views on whether this is a totally unacceptable way for a patient to be treated; and the action she proposes to take to address this matter. [3826/05]

The Health Act 2004 provided for the Health Service Executive, which was established on 1 January 2005. Under the Act, the executive has the responsibility to manage and deliver, or arrange to be delivered on its behalf, health and personal social services. Services at Beaumont Hospital, Dublin are provided under an arrangement with the executive. My Department has requested the chief officer for the executive's eastern regional area to examine the issues raised and to reply to the Deputy directly.

Hospital Staff.

Denis Naughten

Question:

233 Mr. Naughten asked the Tánaiste and Minister for Health and Children if the nine bed medical assessment unit in the accident and emergency department of the county hospital, Roscommon, will be fully staffed in view of the fact that the funding has been allocated for this purpose; the reason for the delay in opening the unit; the action she is taking to ensure that this unit is operational; and if she will make a statement on the matter. [3852/05]

The Health Act 2004 provided for the Health Service Executive, which was established on 1 January 2005. Under the Act, the executive has the responsibility to manage and deliver, or arrange to be delivered on its behalf, health and personal social services. This includes responsibility for the county hospital, Roscommon. Accordingly, my Department has requested the chief officer for the executive's western area to investigate the issues raised and to reply directly to the Deputy.

Denis Naughten

Question:

234 Mr. Naughten asked the Tánaiste and Minister for Health and Children the action she is taking to ensure the appointment of a third consultant physician at the county hospital, Roscommon; and if she will make a statement on the matter. [3853/05]

The Health Act 2004 provided for the Health Service Executive, which was established on 1 January 2005. Under the Act, the Executive has the responsibility to manage and deliver, or arrange to be delivered on its behalf, health and personal social services. This includes responsibility for the county hospital, Roscommon. Accordingly, my Department has requested the chief officer for the executive's western area to investigate the issues raised and to reply directly to the Deputy.

Medicinal Products.

Denis Naughten

Question:

235 Mr. Naughten asked the Tánaiste and Minister for Health and Children the action she intends to take to restrict the availability of dextromethorphan in over the counter cold medicine in view of the fact that it has become a substance of abuse in the US; and if she will make a statement on the matter. [3854/05]

As the competent authority for the regulation of medicinal products in Ireland, the Irish Medicines Board assesses the quality, safety and efficacy of medicinal products on an ongoing basis. My Department is informed by the board that it has not received reports of substance abuse relating to products containing dextromethorphan which have been authorised for use in Ireland. The board conducted a review of these products two years ago during which no specific safety issues arose. The board will continue to monitor the safety and efficacy of these products.

Hospital Services.

Liz McManus

Question:

236 Ms McManus asked the Tánaiste and Minister for Health and Children the reason she has cut the 2005 budget for St. Columcille’s Hospital by €1 million; if her attention has been drawn to the fact that this hospital treats a higher number of elderly patients and public patients than other hospitals; if this policy puts a hospital in a position to be deemed inefficient if it not also means that the greatest needs are being met; and if she will make a statement on the matter. [3858/05]

The national casemix programme compares costs and activity between 37 hospitals that participate in the programme. The programme incorporates over €3 billion of expenditure and 1.6 million patient encounters annually. The programme allows each hospital to take full account of their unique patients and unique issues, including elderly or other patients with a long length of stay. The entire process takes place in consultation with each hospital, placing patient centred information at the centre of the process.

I am committed to performance related targets and casemix is the most internationally accepted performance related acute hospital activity programme. Ireland operates a budget neutral policy which rewards efficiency by re-targeting funds from less efficient hospitals to those who have demonstrated that additional funding will result in real benefits. The negative adjustment of €1,055,679 was consequently a reflection of the hospital's true performance vis-à-vis its peers following full compensation for its own unique local circumstances and mix of cases.

Decentralisation Programme.

Billy Timmins

Question:

237 Mr. Timmins asked the Tánaiste and Minister for Health and Children the number of personnel who on applying for promotion in her Department since January 2004, have been required to sign an agreement that they are willing to decentralise; how many of them refused to sign the agreement; if this impacted on their promotion or otherwise; and if she will make a statement on the matter. [4066/05]

My Department is not one of the Departments earmarked for decentralisation under the Civil Service decentralisation programme. The signing of an agreement by staff to decentralise would not, therefore, arise.

Disabled Drivers.

Fergus O'Dowd

Question:

238 Mr. O’Dowd asked the Minister for Finance the progress to date regarding the reconstitution of the disabled driver and disabled passengers medical board of appeal; and if he will make a statement on the matter. [3426/05]

The Department of Finance and the Department of Health and Children are reconstituting the medical board of appeal for the disabled drivers and disabled passengers tax concessions scheme. Progress has been made and it is expected that the new arrangements will be put in place shortly. Staffing and administration of the board are being addressed as part of this process.

Tax Code.

Seamus Healy

Question:

239 Mr. Healy asked the Minister for Finance if he will introduce amendments to the capital gains tax system to allow a waiver of this tax in cases in which land is compulsorily purchased to provide for new roads and motorway; and if he will make a statement on the matter. [3553/05]

Capital gains tax, CGT, is a tax on a capital gain arising on the disposal of assets. A 20% rate of CGT now applies on the gains arising on the disposal of assets, including land which is the subject of a compulsory purchase order, CPO. This is the lowest rate of CGT in recent history. Where compensation is received for land that is compulsorily acquired, any gains arising from the amount paid for the acquisition of land are chargeable to tax. In other words, if there is a sum paid by an authority for the compulsory acquisition of land, then irrespective of its components, for example, disturbance, injurious affection etc, that total sum will be the amount to be assessed for tax. The CGT due on a disposal of land under a CPO is calculated in the same way as any other disposal of land. The consideration for the disposal will be the sum received for the land. There are no plans to make any changes to the legislation in this regard.

Cecilia Keaveney

Question:

240 Cecilia Keaveney asked the Minister for Finance if homoeopath visits can be claimed under the Med 1 revenue form; if it has to be cleared first by the general practitioners (details supplied); and if he will make a statement on possible changes that may be needed to ensure that such genuine medical expenses can be recouped in the same manner as other equally expensive treatments. [3720/05]

Tax relief for health expenses is provided for under section 469 of the Taxes Consolidation Act 1997. I am informed by the Revenue Commissioners that under the provisions of the section, relief from income tax may not be claimed for the cost of homoeopathic treatment except in the following limited circumstances: where the homoeopath is a qualified medical practitioner registered in the register established under section 26 of the Medical Practitioners Act 1978, or where an individual is referred to a homoeopath by a qualified medical practitioner for a diagnostic procedure to be carried out. In practice, the number of such claims is likely to be very small.

The question of the recognition of homoeopathic treatment generally is a matter in the first instance for the Minister for Health and Children. I have no plans at present to broaden the scope of section 469 of the Taxes Consolidation Act 1997.

Flood Relief.

Ned O'Keeffe

Question:

241 Mr. N. O’Keeffe asked the Minister for Finance the position regarding the carrying out of urgent flood relief measures in respect of properties (details supplied) in County Cork. [3764/05]

An engineering report, which included a preferred flood alleviation scheme for the River Blackwater in Fermoy, County Cork, was completed by consultants employed by the Office of Public Works in late 2003. The OPW then requested the consultants to investigate the possibility of phasing the proposed works and following completion of a phasing report a public information day was held on 27 April 2004 outlining the proposed scheme and the proposed phased implementation of the scheme. The proposed scheme will protect properties on Rathealy Road, Fermoy, when implemented. A flood warning system is considered essential before this scheme is implemented and the OPW has commenced work on this as part of phase one of the scheme.

The consultants have now been asked to prepare the documentation necessary to bring the scheme to formal public exhibition. It is hoped to hold the exhibition later on this year. The programme for implementing the works will become clearer when the detailed design of the scheme has begun.

HM Customs and Excise Vessel.

Cecilia Keaveney

Question:

242 Cecilia Keaveney asked the Minister for Finance if his attention has been drawn to the fact that a HM Customs and Excise vessel came into a pier (details supplied) on the morning of 30 January 2005; if a statement will be made on the reason for the visit and if the authorities here were made aware of it. [4003/05]

I am advised by the Revenue Commissioners that HM Customs and Excise have informed them that the customs cutter HMCC Valiant left the quay at Lisahally, Derry, Northern Ireland, on Sunday 30 January 2005 at 9.25 a.m. bound for sea. While transiting Lough Foyle, HMCC Valiant launched her RHIB, rigid inflatable boat, in the fairway at the end of the maintained channel to diagnose an engine problem on HMCC Valiant. The RHIB was launched in the vicinity of Castlecary starboard hand buoy at 10.35 a.m. and recovered at McKinney’s port hand buoy at 11 a.m. The fairway is within 400 metres of the Republic of Ireland shore at the closest point, which helped to provide shelter from a westerly wind while checks were carried out. At no time did the RHIB or its occupants land in any area of the shoreline. At all times the above vessel was engaged in innocent passage on a course leading away from the Irish coast.

The Revenue Commissioners also advise me that excellent co-operation exists between the Irish Customs Service and HM Customs and Excise in dealing with international drug trafficking by sea. HM Customs and Excise vessels occasionally visit Irish ports as part of this collaborative working. The arrangements for such visits are covered in a memorandum of understanding between the two services.

Child Care Services.

Finian McGrath

Question:

243 Mr. F. McGrath asked the Minister for Finance if he will consider proposals (details supplied) on funding child care services. [3398/05]

The Deputy's question has nine separate proposals for funding child care services. Only some of them fall within the remit of my Department.

Over the past number of years the Government has considered carefully the whole area of child care. It has been decided as a matter of policy that child benefit will be the main instrument through which support will be provided to parents with children. One of the main benefits from this approach is that, whereas tax relief would be of little or no benefit to those with low incomes, the provision of support for parents through the child benefit route means equality of treatment for all recipients.

In line with this policy approach, the Government has substantially increased child benefit since coming into office in 1997. In that year, the rate of payment was €38.09 per month for the first and second child and €49.52 for the third and subsequent children. In accordance with my budget 2005 statement, the rate of payment from April 2005 will be €141.60 per month for the first and second child and €177.30 for the third and subsequent children. This represents a 272% increase in the rate for first and second children over the rate prevailing in 1997 and a 258% increase in the rate for third and subsequent children. By comparison, during this period the increase in the consumer price index was 31%. Overall expenditure on child benefit has increased from €506 million in 1997 to an estimated €1,916 million in 2005.

One of the key drivers of costs in respect of child care has been the limited number of formal child care places available. In addition, the delivery of quality child care is, of necessity, expensive because it is a labour intensive service frequently required by parents for ten or more hours per day. To address the availability of services, the supply of formal child care places is being stimulated through a programme of investment under the national development plan equal opportunities child care programme, EOCP. The EOCP funds capital development to increase places, support staffing costs for facilities targeting disadvantage, and improve child care quality. Over the next five years, 2005-2009, the capital envelope for the planned programme of continued investment in child care facilities will be €313 million, which is expected to create about 17,000 places — some 3,400 per annum for each of the next five years. The 2005 allocation for the EOCP provides €83.4 million of which €43.8 million is current and €39.6 million is capital funding. In effect, this is all new spending since 1997. Prior to 1997, the only equivalent provision was a pilot scheme which ran from 1994-97 at a total cost over the three years of €1.6 million.

The Government has also undertaken measures to favour the supply of child care by tax incentives to set up facilities and relief from benefit-in-kind taxation for free or subsidised child care provided by employers. Taken together these represent substantial measures to assist with the cost of child care.

Flood Relief.

Pádraic McCormack

Question:

244 Mr. McCormack asked the Minister for Finance if he will accept responsibility for the flooding of the home and farmyard of a person (details supplied) in County Galway on 7 and 8 January 2005 caused for the third time in 10 years by the overflowing of the Owenshree River at Roxboro, Kilchreest, County Galway; and if he will make a statement on the matter. [3524/05]

The Office of Public Works has no responsibility for the flooding of the Owenshree River at Roxboro, Kilchreest, County Galway. The Kilchreest area forms part of a drainage district and, as such, drainage maintenance for this area is a matter for the local authority. My officials in the OPW have further advised that its engineering services division, as part of its quinquennial inspections of drainage districts, will be inspecting this district later this year with a view to ensuring that the local authority is complying with its maintenance responsibilities.

The Office of Public Works commissioned engineering consultants to prepare a report in relation to the feasibility of providing a flood alleviation scheme at Kilchreest. The report, which was completed in May 2000, outlined three options to alleviate flooding of the Owenshree River, all of which proved to be non-viable. All potential OPW flood relief schemes must be technically feasible, cost-beneficial and meet environmental impact study requirements.

Departmental Properties.

Jim O'Keeffe

Question:

245 Mr. J. O’Keeffe asked the Minister for Finance the amount of land which is owned by the State or its agencies in north County Dublin; and if he will make a statement on the matter. [3525/05]

The properties owned by the Office of Public Works in the north County Dublin area are detailed in the reply to Question No. 246.

Jim O'Keeffe

Question:

246 Mr. J. O’Keeffe asked the Minister for Finance the amount of land which is owned by the State or its agencies within ten miles of the M50; and if he will make a statement on the matter. [3526/05]

The following is a list of properties or land owned or managed by the Commissioners of Public Works in Ireland which appear to be within ten miles of the M50 in Dublin. I will forward a list of properties or land which are managed by the Commissioners of Public Works in Ireland within the other counties which are within a ten mile radius of the M50.

Postal Code

Property Code

Building Code

Property Name

Address

Site Area SqM

Dublin 1

P1230

B1230

Eden Quay 26-27, Mercantile Off

26-27 Eden Quay

318.5

P1821

B1821

Garden of Remembrance

Parnell Square

0

P1823

B1823

Gardiner Street Lr SWO

Trinity House, 50 Lower Gardiner Street

1350

P2534

B4182

Marlborough St Ed HQ

Marlborough Street

5412.755

B4187

B4180

B4189

B4188

B4186

B4185

B4184

B4183

B4181

B4178

B4179

P2555

B2555

Meetinghouse Lane St, Marys Abbey

3-5 Meetinghouse Lane, Mary's Abbey

0

P2770

B2770

Upper 11-13 O'Connell Street

Hamman Buildings, 13 Upper O'Connell Street

675

P2771

B2771

O'Connell Street Upper 14-15

14-15 Upper O'Connell Street

1309.8

P2777

B2777

O'Connell Street Upper 44

44 Upper O'Connell Street

0

P2780

B2780

O'Connell Street Upper 45

45 Upper O'Connell Street

579.5

P2781

B2781

O'Connell Street Upper 9-10

Árus Brugha, 9-10 Upper Street O'Connell

711.6

P2817

B2817

Parnell Sq 22 Municipal Art Gallery

22 Parnell Square

2448

P34

B34

Store St Áras Mhic Dhiarmada

Store Street

4819

P3655

B3655

St Columba's NS

North Strand Road

0

P3693

B3693

Store Street GS

Store Street

2216

P3756

B3756

Thomas Lane 1-2

1-2 Thomas Lane, Cathedral Street

0

P4005

B4005

Cumberland St SWO

19-28 North Cumberland Street

1514.8

P4006

B4006

Custom House

Beresford Place-Custom House Q

33260

P8038

B8038

Parnell Square West 38/39

Parnell West Hotel, 38/39 Parnell Square West

0

P8111

B8112

Custom House Dublin Port

Promenade Road, Dublin Port

P847

B2824

Parnell Sq, 24-28 Coláiste Mhuire

24-28 Parnell Square

B2826

B2821

B2819

B2823

Dublin 10

P2037

B2037

Inchicore NS

Sarsfield Road/Grattan Crescent, Inchicore

0

P251

B251

Ballyfermot SWO

Rossmore Avenue, Ballyfermot

838.8

P4236

B254

Ballyfermot GS+Sorting Office

3500

B252

P724

B3999

Jamestown Rd

Jamestown Road, Inchicore

0

B4122

B4118

B4117

B4116

Dublin 11

P1222

B1222

Dunsink Observatory

Dunsink Lane, Finglas

42000

P1315

B1315

Finglas GS

North Road

0

P1316

B1316

Finglas SWO

Mellowes Road

9439.55

P1318

B4191

Finglas Prev Ctr

Kildonan Road, Finglas West

0

B4190

P1840

B1840

Glasnevin NS

Church Avenue, Glasnevin

P3908

B3908

Whitehall GS + RAX

Griffith Avenue

1741.5

P842

B842

Coláiste Caoimhín

St Mobhí Road, Glasnevin

29263

Dublin 12

P3706

B3706

Sundrive Road GS

Sundrive Road

1700

P968

B968

Crumlin GS

St Agnes Road, Crumlin

1440

Dublin 14

P1181

B5119

Dundrum GS+Courthse

Kilmacud Road, Dundrum

1786

B5118

P1190

B1190

Dundrum Central Mental Hospital

Dundrum Road

0

P3198

B3198

Rathfarnham Courthouse

Willbrook Road, Rathfarnham

P3199

B3199

Rathfarnham GS

Butterfield Avenue

1410

P3660

B3660

Clonskeagh (IPA)

Milltown Road, Clonskeagh

0

P8024

B8024

Clonskeagh, Clonskeagh Square

Unit A2, Block 1, Clonskeagh Square

Dublin 15

P4067

B4073

Abbotstown Farm

Castleknock

0

B4068

B3685

B4069

B4071

B4077

B4074

B4075

B4078

B4072

B4079

B4076

B4070

P4241

B407

Blanchardstown F/mer GS+TE

Main Street, Blanchardstown

B405

P4693

B4693

Blanchardstown GS + RAX

Blanchardstown

1138

Dublin 16

P3321

B4231

Pearse Museum+Park

Grange Road, Rathfarnham

0

B3321

B4234

Dublin 2

P1031

B1031

Dawson St 19 Royal Irish Acade

19 Dawson Street

0

P1045

B656

Dublin Castle

Dublin Castle

10547.48

B4056

B4055

B1082

B1075

B4045

B4048

B4046

B1055

B1053

B4053

B1054

B1056

B1052

B1049

B4008

B4007

B1069

B1083

B1079

P1328

B1328

Fitzwilliam Pl 31 Linguistic In

31 Fitzwilliam Place

0

P1331

B1331

Fitzwilliam Sq 21 Com on Nursi

21 Fitzwilliam Square

536.8

P1891

B1891

Pearse Street, Goldsmith House

Pearse Street

603.7

P1904

B4228

Government Buildings

Upper Merrion Street

5331.25

B4229

B4226

B2345

P1976

B1976

Harcourt Tce, Butter Testing Stn

Butter Testing Station, Harcourt Terrace

1406

P1979

B6318

Harcourt Tce, GS+F/Cens+16-17

Harcourt Terrace

822.5

B6319

B6320

P1984

B1984

Hatch Street 17-19

17-19 Hatch St

1072

P1985

B1985

Hawkins Street, Hawkins House

Hawkins Street

3592

P20

B20

Kildare Street, Agriculture House

Kildare Street

3847

P2128

B2128

Kildare Street, 36-42 Setanta

36-42 Kildare Street

0

P2558

B2558

Merrion Row 7-9

7-9 Merrion Row

P2559

B2559

Merrion Square, 7 Bd na Gaeilge

7 Merrion Square

P2564

B2564

Merrion Square, 16 Red Cross So

16 Merrion Square

P2566

B2566

Merrion Square 44-45

44-45 Merrion Square

1451

P2567

B2567

Merrion Square, 5 Inst/Advan St

5 Merrion Square

0

P2570

B2570

Merrion Square 73

73 Merrion Square

765

P2575

B2575

Merrion Street Upper 14-16

14-16 Upper Merrion Street

497.4

P2692

B2692

National Concert Hall

Earlsfort Terrace

0

P2693

B2693

National Gallery of Ireland

Merrion Square

0

P2694

B2694

National Library

Kildare Street

P2696

B2696

National Museum

P2697

B2697

Natural History Museum

Merrion Square

1620

P2796

B2796

Little Ship Street Osmond House

Little Ship Street

1529

P3677

B4169

St Stephens Gr Park

St Stephens Green

0

B4165

P3848

B3848

Security Hut, Turkish Embassy

Clyde Road

P3887

B3887

Werburgh Street SWO

Werburgh Street

P3940

B3940

St Stephens Gr, 78-81 Iveagh Hse

78-81 St Stephens Green

7399

P3948

B3948

St Stephens Gr 52

52 St Stephens Green

2266.75

P4000

B4000

St Stephens Gr, 50-51 OPW HQ

50-51 St Stephens Green

3262.4

P4015

B4018

Kildare Street 1-3

1-3 Kildare Street

0

B4017

P4016

B4016

Kildare Street 23-28

23-28 Kildare Street

2098.4

P4019

B2140

Kildare Street 4-5 Library

4-5 Kildare Street

1165

B2141

P4110

B4112

Leeson St Lr 93-99

Leeson Street

5640

B2343

B4113

B4111

P6271

B6271

Merrion Square 90

90 Merrion Square

0

P7707

B7707

Dawson Street 59

59 Dawson Street

430

P8010

B8010

Hanover Street East 6/7

6/7 Hanover Street East

2117

P8020

B8020

Castle Street 10/11

10/11 Castle Street

0

P8141

B8131

Burgh Quay 13-14

13-14 Burgh Quay

1128

Dublin 20

P735

B735

Chapelizod NS

Main Street, Chapelizod

0

Dublin 22

P3251

B3251

Ronanstown GS

Neilstown, Clondalkin

6000

P4003

B4003

Clondalkin GS

Orchard Lane

14600

Dublin 24

P3716

B3716

Tallaght GS

The Square, Tallaght

7270

P3717

B3717

Tallaght SWO/FAS /NAHB

2286

Dublin 3

P826

B826

Clontarf GS

Strandville Avenue East, Clontarf Road

3255

Dublin 4

P1104

B1104

Donnybrook GS

Donnybrook Road Donnybrook

2550

P216

B216

Shelbourne Road UCD Vet Colleg

Shelbourne Road, Ballsbridge

0

P3710

B3710

Security Hut Swiss Embassy

Clyde Road

P4001

B5090

Beggars Bush

Ballsbridge

3442

B5091

B5092

B5093

P4020

B4020

Lansdowne Road, 2-8 Lansdowne H

2-8 Lansdowne Road

957.27

P454

B454

Security Hut, British Embassy

Merrion Road, Ballsbridge

0

P477

B477

Burlington Road 10

Ballsbridge

P8012

B8012

Dublin Asylum

Broc House, 53 Nutley Lane

2300

Dublin 5

P2108

B2108

Kilbarrack Naomh Barroág

Naomh Barroág G A A Club, KilbarÎrack Road

26500

P3180

B3180

Raheny GS

Watermill Road, Raheny

2613.8

P870

B870

Coolock GS

Oscar Traynor Road, Coolock

3221

Dublin 6

P2435

B2435

Rathmines Rd Lr, 41-43 Lissonfie

41-43 Lower Rathmines Road

0

P3204

B3204

Rathmines GS

152 Rathmines Road

885

P4240

B3752

Terenure GS + Tel Exch + RAX

28-32 Terenure Road West, Terenure

3800

B3750

P51

B51

Ardee Road 1-A (Ardee House)

1-1A Ardee Road, Rathmines

2450

P708

B708

Cathal Brugha Barracks

Rathmines

0

P978

B978

Cullenswood House

Oakley Road, Ranelagh

Dublin 7

P1333

B4158

Four Courts

Inns Quay

21000

B2327

B3938

B2962

P1833

B4192

Infirmary Rd, Def HQ West

Infirmary Road

2448.4

B4193

B4197

B4195

B4194

B4196

P1916

B1916

Grangegorman Military Cemetery

Blackhorse Avenue

0

P1926

B1926

Green Street Courthouse

Green Street

2086

P1928

B1928

Green St F/mer Debtor's Prison

Green Street/Halston Street

0

P2046

B4199

Infirmary Rd Def HQEast

Infirmary Road

B4200

B4201

B4198

B4202

B4203

B4204

P2551

B2551

McKee Barracks

Blackhorse Avenue

P2617

B2617

Mountjoy GS

North Circular Road

1550

P3224

B3224

Henrietta St Registry of Deeds

Henrietta Street

1787.4

Dublin 7

P3401

B3401

Smithfield Childrens Court

Smithfield

1062

P3995

B3995

Arbour Hill Complex

Arbour Hill

0

P4004

B4004

Chancery Street District Court

Chancery Street

865

P445

B445

Bridewell GS/Crt Hse-Dub

1750

B8076

P544

B544

Navan Road SWO

Navan Road

14061

P545

B545

Cabra GS

Nephin Road, Cabra

4430

P853

B853

Collins Barracks

Benburb Street

0

P952

B952

Crimean Trophy Plot

Wolfe Tone Quay-Parkgate Street

Dublin 8

P1811

B1820

Ph/Pk Garda HQ

Phoenix Park

49550

B1816

B4096

B1818

B4097

B1819

B6309

B1809

B1812

B4098

B1814

B4099

B1810

B1813

B1808

B1817

P1949

B1949

Griffith Barracks

South Circular Road

0

P2036

B857

Inchicore Nth Est

Inchicore/Islandbridge

2043

B858

P2048

P8091

Infirmary Road Car Compound

Infirmary Road

0

P2046

P2048

P2080

B2080

St John's Road Computer Centre

St John's Road

5293

P2081

B4131

St John's Rd W/houses

0

P2081

B4132

St John's Rd W/houses

St John's Road

0

P2107

B2107

Kevin Street GS

Kevin Street

5480.76

P2222

B2222

Kilmainham GS

Kilmainham Lane, Kilmainham

2500

P2223

P2474

Kilmainham Jail

Inchicore Road

0

B2223

P2474

B2474

Longmeadows Estate

Islandbridge-Chapelizod

P2794

B4124

Ph/Pk OSO

Phoenix Park

5211.9

B4125

B4128

B4126

B5122

B5123

B4123

B4127

B5124

P3289

B4044

RHK

Kilmainham

202350

B3230

B4033

B4037

B4036

B3228

B5134

B4035

B4034

P3289

B3234

RHK

Kilmainham

202350

B3229

P3654

B3654

St Catherines NS

Donore Avenue

0

P4093

B4088

Ph/Pk Áras

Phoenix Park

B4085

B4089

B4087

B4086

B4082

B33

B4083

B4084

P4095

B393

Bishop Street

Bishop Street

5302.3

B4094

P4140

B4141

Ph/Pk

Phoenix Park

43000

B5120

B2936

B4148

B4143

B4145

B2934

B4147

B2932

B4142

P4140

B4150

Ph/Pk

Phoenix Park

43000

B4151

B4153

B2859

B2878

B5121

B2922

B2931

B2887

B2918

B4152

B2877

B2845

B2847

B2848

B2851

B2853

B2856

B2863

B2921

B2872

B2881

B2884

B2885

P4140

B2886

Ph/Pk

Phoenix Park

43000

B2915

B2920

B2869

Dublin 9

P2581

B2581

Glasnevin Meteorological Office

Glasnevin Hill Glasnevin

2316.6

P3310

B4176

Santry GS+Complex

Shanowen Road, Santry

11650

B4175

B5125

P426

B4212

Botanic Gdns

Botanic Road, Glasnevin

0

B4220

B4224

B4223

B4222

B4221

B4219

B4218

B4205

B4216

B4211

B4210

B4209

B4208

B4207

B4206

B4217

Jim O'Keeffe

Question:

247 Mr. J. O’Keeffe asked the Minister for Finance the amount of land which is owned by the State or its agencies in north County Dublin and which has been identified as being surplus to requirements; and if he will make a statement on the matter. [3527/05]

The Office of Public Works have no lands which have been identified as surplus to requirements in north County Dublin.

Enda Kenny

Question:

248 Mr. Kenny asked the Minister for Finance the number of State buildings by county, including Government offices, schools, Garda stations and so on for which surveys and inspections have been carried out to determine the type, form and condition of any asbestos present; the number of inspections per county which have yet to take place; the details of the schedule of work for removal of asbestos to be undertaken in 2005; and if he will make a statement on the matter. [3785/05]

The information regarding the numbers of buildings surveyed and awaiting surveys for asbestos is given in the table. The Commissioners of Public Works are finalising their 2005 programme of removal works in the light of the findings of these ongoing surveys. It is also hoped to complete the survey programme this year.

County

Buildings Surveyed

Buildings to be Surveyed

Total

Carlow

35

37

72

Cavan

27

104

131

Clare

33

141

174

Cork

416

244

660

Donegal

237

77

314

Dublin

683

553

1236

Galway

284

123

407

Kerry

190

85

275

Kildare

154

20

174

Kilkenny

94

27

121

Laois

33

57

90

Leitrim

30

40

70

Limerick

176

84

260

Longford

15

55

70

Louth

97

41

138

Mayo

74

213

287

Meath

113

38

151

Monaghan

19

92

111

Offaly

45

58

103

Roscommon

34

94

128

Sligo

40

65

105

Tipperary

101

167

268

Waterford

94

43

137

Westmeath

36

96

132

Wexford

125

60

185

Wicklow

106

39

145

Totals

3,291

2,653

5,944

Tax Clearance Certificates.

Ned O'Keeffe

Question:

249 Mr. N. O’Keeffe asked the Minister for Finance if arrangements will be made for an application form to obtain a C2 certificate to issue to a person (details supplied) in County Cork. [3786/05]

I am advised by the Revenue Commissioners that a C2 application form and supporting explanatory documentation has issued to the person concerned. These forms are available on-line from Revenue's website www.revenue.ie or by phoning the 24-hour Revenue form ordering service on 1890 306706.

Ned O'Keeffe

Question:

250 Mr. N. O’Keeffe asked the Minister for Finance to have tax details in respect of a person (details supplied) in County Cork amended. [3787/05]

The Revenue Commissioners have advised me that the amended address details provided for the person concerned have been noted. A duplicate tax credit certificate will shortly issue to the person concerned at the new address provided.

Nursing Homes.

Michael Ring

Question:

251 Mr. Ring asked the Minister for Finance the number of nursing homes which have been built in the State in the past ten years; and the number of those built which benefited from the tax break. [3789/05]

Capital allowances for private nursing homes was introduced in Finance Act 1998 with effect from 3 December 1997. The latest information from the Department of Health and Children is that the number of beds in private nursing homes increased from 6,932 at the end of 1997 to 13,178 in December 2003. An estimated 8,527 persons in these nursing homes receive direct Exchequer support of one form or another for their fees. The new capital allowances incentive for nursing homes would have caused some of this increase in bed capacity but the Department of Health and Children does not have information on this matter.

The Revenue Commissioners are not in a position to estimate the number of nursing homes built since 1997 which benefited from this tax incentive. This is because the normal self-assessment tax return form does not distinguish between capital allowances claimed in respect of private nursing homes from those claimed in respect of other buildings entitled to capital allowances. Consequently it is not possible for Revenue to indicate the level of take-up of this specific incentive. With regard to this issue my Department and the Revenue Commissioners have been working closely recently to investigate data capture issues with a view to improving data quality and transparency without overburdening compliant taxpayers. Arising from this work, provisions were included in Finance Act 2004 introducing a number of changes to the tax return forms which will yield additional information regarding the cost of various tax reliefs. The preliminary data should become available from early 2006 after the returns for 2004 are filed in October 2005.

Regarding the number of non-private nursing homes built that would not qualify for capital allowances, I am advised by the Department of Health and Children that as the information required is not normally collated in that Department, it has requested the chief officers for each of the Health Service Executive's areas to investigate the matter raised and to reply directly to the Deputy.

Tax Code.

Jack Wall

Question:

252 Mr. Wall asked the Minister for Finance if a person (details supplied) is due a tax rebate; and if he will make a statement on the matter. [3790/05]

I am advised by the Revenue Commissioners that following a review of this person's income tax liability for the years 2003 and 2004, PAYE balancing statements for those years together with cheques for the resultant overpayments will be sent to the taxpayer on 9 February 2005.

Disabled Drivers.

Seymour Crawford

Question:

253 Mr. Crawford asked the Minister for Finance the reason a person (details supplied) in County Monaghan has been refused the primary certificate, disabled drivers-passengers; his views on whether it is fair or realistic that this person should be refused this certificate; and if he will make a statement on the matter. [3806/05]

I assume the Deputy is referring to the disabled drivers and disabled passengers tax concessions scheme. The medical criteria for the purposes of the tax concession 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: (a) persons who are wholly or almost wholly without the use of both legs; (b) persons who are wholly without the use of one of their legs and almost wholly without the use of the other leg such that they are severely restricted as to movement of their lower limbs; (c) persons without both hands or without both arms; (d) persons without one or both legs; (e) 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(f) persons having the medical condition of dwarfism and who have serious difficulties of movement of the lower limbs.

It is a fundamental requirement for admission to the scheme that the applicant meets the specified medical criteria and is in possession of a primary medical certificate to that effect, issued by the appropriate senior area medical officer, who is an official of the local health board. I have no function in deciding whether individual certificates are issued. Where the issue of the required certificate is refused, this can be appealed to the disabled drivers medical board of appeal, an independent body, whose decision is final.

Planning Applications.

Denis Naughten

Question:

254 Mr. Naughten asked the Minister for Finance the reason the Office of Public Works has not responded to a request for further information by the planning authorities in County Leitrim concerning the application for the district veterinary office in Drumshanbo; and if he will make a statement on the matter. [3850/05]

A request for additional information was received from the planning authorities of Leitrim County Council in regard to the proposed district veterinary office in Drumshanbo on 19 November 2004.

The additional information is substantial in nature and relates to architectural, engineering and site selection issues as well as details concerning the overall land-holdings of the vendor of the site in the area and an indication from the vendor of the proposed future use of these lands.

The Office of Public Works is dealing with these matters and a response will issue as soon as all the necessary information is available.

State Property.

Enda Kenny

Question:

255 Mr. Kenny asked the Minister for Finance if he will report on the procedures which must be followed when the State or any of its agencies wish to dispose of real property; if tendering is mandatory in all cases; and if he will make a statement on the matter. [3851/05]

The procedures which must be followed when the Office of Public Works disposes of property are set down in the State Property Act 1954 and a number of delegated or specific financial sanctions. Section 10(2) of the State Property Act states: A State authority may, in respect of any State land for the time being vested in that State authority, do all or any of the following things—

(a) sell such State land or any part thereof,

(b) exchange, on such terms (including payment or receipt of money for equality of exchange) as such State authority may determine, such State land or any part thereof for any other land,

(c) make a grant gratuitously of such State land or any part thereof for any specified purpose,(d)make a lease of such State land or any part thereof for any term.

The Act further states in sub sections (3) and (4):

(3) Every sale of State land under paragraph (a) of subsection (2) of this section shall be made for such consideration in money or money's worth as the State authority selling it shall determine.

(4)(a) Every grant of State land under paragraph (c) of subsection (2) of this section shall contain such covenants, conditions and agreements (including a right of re-entry on breach thereof) as the State authority making the grant shall determine and shall agree upon with the person to whom the grant is made.

In cases where land or property has been identified as surplus to requirements, the Commissioners of Public Works preferred option is to dispose of same on the open market; by tendering or public auction.

In certain circumstances the OPW may dispose of property by: sale or grant to a local authority; sale to the neighbouring landowners in the case of a landlocked site; or (3) sale by private treaty to a sitting tenant. The proceeds of sale are generally returned to the Exchequer.

Decentralisation Programme.

Billy Timmins

Question:

256 Mr. Timmins asked the Minister for Finance the number of personnel who on applying for promotion in his Department since January 2004, have been required to sign an agreement that they are willing to decentralise; how many of them refused to sign the agreement; if this impacted on their promotion or otherwise; and if he will make a statement on the matter. [4067/05]

In the period since January 2004, the Department of Finance has made six promotional appointments from interdepartmental Civil Service panels; four assistant principal officers, two executive officers. These appointees have agreed to decentralise to Tullamore for three years and two years respectively, where required to do so.

My Department understands from the public appointments service that three people declined the APO posts and 13 people declined the EO posts referred to above. Those people continue to remain on the panel for further offers to other locations.

Communications Masts.

Finian McGrath

Question:

257 Mr. F. McGrath asked the Minister for Communications, Marine and Natural Resources if he will urgently investigate the health and safety concerns regarding the mobile phone mast overlooking the junior infants classrooms at a school (details supplied) in Dublin 13; and if he will raise with the Department of Health and Children teachers’ and parents’ serious misgivings regarding this mast. [3465/05]

Finian McGrath

Question:

259 Mr. F. McGrath asked the Minister for Communications, Marine and Natural Resources if mobile phone masts are allowed in or on school buildings; the procedures and conditions for allowing masts on schools; the number of schools in the State which have mobile phone masts; and if there are any risks to pupils and staff. [3792/05]

I propose to take Questions Nos. 257 and 259 together.

I am not aware of any national or international health advisory authority which has recommended that the siting of telecommunications masts should not result in direct beam falling on school property. It may be that some paper somewhere may have made such a recommendation — if the Deputy can identify any such work I shall have my experts study it and I will make a further statement.

If any of the relevant international bodies to which Ireland belongs were to make such a recommendation, my Department would have to consider an appropriate response; however to date no such recommendation has been made and therefore no such recommendation is being ignored in this State. This is because, in the continuing opinion of all the relevant international bodies, radiofrequency fields around such masts are not considered a health risk.

The Deputy might like to be appraised of a report in The London Times dated 13 November 2004 which records a Court of Appeal decision that mobile phone masts do not pose a risk to public health which would justify a ban on positioning them near schools.

The siting of individual mobile phone masts is a matter for the relevant planning authorities and my Department has no function in the matter. I do, however, acknowledge that real fears exist among certain parts of the community about the health impacts of these masts. I am sympathetic and understanding of these fears and the concerns that underpin them. However, I must point out that I have no scientific data which as yet supports the contention that these masts damage human health.

Marine Safety.

Tony Gregory

Question:

258 Mr. Gregory asked the Minister for Communications, Marine and Natural Resources the details of the work carried out on a vessel (details supplied) whilst it was docked at Waterford Belview Port, resulting in a delay of approximately seven days before the ship completed loading with cattle and left the port on 2 October 2004 to travel to Lebanon. [3775/05]

Safety standards for seagoing passenger and cargo vessels are developed and adopted at international level, principally from the Safety Conventions of the International Maritime Organisation and from initiatives at European level.

Under Irish and international law all cargo vessels trading into and out of Irish ports are required to carry the appropriate certification to demonstrate compliance with International Maritime Organisation and International Labour Organisation requirements.

The surveying staff attached to the maritime safety directorate of the Department carry out regular inspections of all vessels, including unannounced checks, to ensure compliance with the relevant conventions and regulations. Where a vessel is found to be non-compliant it is detained until the matter is rectified.

I am advised that the cargo vessel in question, a foreign vessel registered in the Lebanon, was found to be deficient during a port State control inspection in September 2004. During the inspection a total of 38 deficiencies were noted. Of these, 12 were found to be detainable deficiencies. The details of the actual work carried out to remedy the deficiencies is a matter for the vessel owner. The vessel was reinspected on 29 September 2004, where it was found that the deficiencies were remedied and the vessel was released from detention and permitted to proceed on its voyage.

I believe that the monitoring of vessels by regular inspections is proving to be an effective measure in encouraging compliance and implementation of international safety standards.

Question No. 259 answered with QuestionNo. 257.

Semi-State Sector Remuneration.

Thomas P. Broughan

Question:

260 Mr. Broughan asked the Minister for Communications, Marine and Natural Resources if he was consulted with regard to a reported pay increase for the chairperson of An Post; if the increase was in the region of 150%, from €19,000 to more than €50,000; if the board of An Post was consulted on this matter; his views on whether An Post should have pleaded inability to pay with regard to this reported increase; and if he will make a statement on the matter. [3856/05]

The remuneration scale for the chairpersons of State bodies is decided by the Government. Essentially, the remuneration package is dependent on the size of the body. Because of its size and the importance of the services it provides, An Post is a category one State body and the fee level for the chairperson is €19,046 per annum.

However, on occasion a higher fee level than the norm can be approved for individual chairpersons. This tends to arise when a State body is facing particular challenges and the commitment required of the chairperson would be greater than the norm. The board of An Post would have no role in deciding the remuneration package for the chairperson.

In regard to the current chairperson of An Post, the appointment to this post was made in February, 2003 subject to payment of the normal fee for category 1 chairpersons. However, the chairperson in June 2003 sought an increased rate of remuneration arising from the significant time commitment, which the position involved. The fee sought was based on a rate per day which, when aggregated, amounted to an annual package of €50,000 approximately.

This request was comprehensively examined by my Department and the Department of Finance. By this time, it was clear that An Post was facing significant challenges both on the financial and industrial relations fronts and, as a result, the role of chairperson of An Post required a greater time commitment and personal involvement than the norm. The key role of the board was reiterated when my predecessor the Minister, Deputy, Dermot Ahern, met the board in October 2003 and reminded board members of their crucial oversight obligations in regard to the recovery strategy for An Post. To reflect the importance of the role of the chairperson in overseeing the recovery strategy, it was decided that the person in question would be offered a remuneration package of €50,000 per annum which she has accepted.

Payment of remuneration to chairpersons is not linked to national pay agreements and therefore, the inability to pay clause set out in Sustaining Progress would not apply.

Telecommunications Services.

Thomas P. Broughan

Question:

261 Mr. Broughan asked the Minister for Communications, Marine and Natural Resources the efforts being made to address excessive roaming charges applied to mobile phone users here; if his attention has been drawn to the new European Commission investigation into the fees that mobile phone firms charge their subscribers when they travel abroad; his views on the recent ComReg-Ofcom report on cross-Border telecommunications issues; and if he will make a statement on the matter. [3857/05]

I have no function in setting of pricing for telephone services.

The regulation of telecommunications operators, including pricing for mobile services, is the responsibility of the Commission for Communications Regulation in accordance with the requirements of the Communications (Regulation) Act 2002 and regulations made under the EU Regulatory Framework for Electronic Communications.

International roaming has been identified by regulators throughout Europe and the European Commission as a significant issue to be addressed. ComReg is actively working with other members of the European regulators group in this area.

This co-ordinated approach is necessary, as any action taken by ComReg on international roaming would primarily benefit mobile phone users visiting Ireland and would not, on its own, benefit Irish mobile users travelling abroad.

A European regulators group composed of national regulators, including ComReg, is now examining this area. The national regulators group aims to present preliminary results of its work in this area in May 2005.

On the issues of cross-Border roaming, I welcome the publication of the joint ComReg and Ofcom report on cross-Border telecoms issues. The report covers: cross border mobile telephone roaming; cross border leased line costs; telephone dialling codes; and illegal broadcast radio stations operating in border areas.

I am delighted that ComReg and Ofcom have adopted a common approach to tackle issues of mutual concern to businesses and the general public on both sides of the Border.

On 19 January 2005, I issued a press release with my northern counterpart Minister, Barry Gardiner, MP, who welcomed the publication of this report and expressed concern at mobile phone customers being caught by roaming mobile signals along the Border and incurring international charges for what they believe are national calls.

I support the report's call for clearer information for customers on all-island tariff options and how to minimise roaming costs. I also support the report's call for the mobile operators to enter into joint arrangements on a cross-Border basis to offer customers all-island tariffs. While I acknowledge that a number of operators already offer all-island tariff options, it is disappointing that where these are available they are limited to bill-paying customers and business contracts. I would like to see all-island rates extended to pay-as-you-go mobile users, who represent approximately 70% of the mobile customer base. I appreciate that entering into such arrangements would involve business decisions which are a matter the operators. For my part, I have already taken the opportunity, in meetings with the operators, to raise this issue and will continue to do so.

I look forward to the market's response to the report and to ComReg and Ofcom continuing to co-operate on this issue.

Digital Hub Project.

Bernard J. Durkan

Question:

262 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources his plans to replace the anchor tenant at the digital hub; the total cost in terms of expenditure by the State in the project to date; if any moneys spent to date are recoverable; his plans for the digital hub project; and if he will make a statement on the matter. [3875/05]

MediaLab Europe was formed by an agreement between the State and the Massachusetts Institute of Technology and was in operation since early 2000. It was established to conduct non-directive research in the field of digital media.

The Government invested €35.5 million in start-up capital for MLE. Property was also purchased for MLE to the value of €22.5 million. The property remains in State ownership. The Government has met all its contractual obligations arising from the venture.

While it is acknowledged that research will generally require State support, the uniqueness of the MLE model, as presented initially to Government, was that it would be self-funding by 2005. However, the financial situation deteriorated significantly in recent times due to MLE being unable to raise the necessary sponsorship and corporate income required and as envisaged in their business plan.

In February 2004, the Government liaison committee, made up of Departments with an interest in the MLE operation, wrote to the board of MLE requesting that it undertake a fundamental review of its business model and produce a strategic plan. The board of MLE submitted its strategic plan to the Department on 7 May 2004 which included a request for additional Exchequer funding of €9 million over three years.

Following this, extensive efforts were made to agree a restructuring of MLE that would allow it to move forward on a sustainable basis. This included detailed independent assessment of MLE's strategic plan and its progress towards achieving its high level objectives; in-depth discussions with the relevant Government Departments; in-depth discussions with the research and educational agencies and third-level institutions; in-depth discussions with the business and development agencies; and direct negotiations with MIT and discussions with MLE.

However, a package acceptable to the Government failed to emerge and the decision was taken that no further Exchequer funding would be provided. The board of MLE took the decision to wind down operations.

I am currently considering the options for a new research entity at the MLE facilities. Issues being addressed include the need to secure greater focus on sustainable research and more directive research in a new business model, better links to Irish universities, improved corporate governance in accordance with general State bodies guidelines and effective management.

Considering the importance of the ICT sector to the Irish economy, and the significance of digital media in the broader ICT sector, and the need for commitment to research and development in this field, there is a need to make a comprehensive assessment of what model and structures should be put in place as part of a new research entity. It is my intention, therefore, to initiate a consultation process with third-level institutes, industry, Government agencies, the private sector and the digital hub to establish what the research focus, structure and objectives of the new entity should be. Drawing on the results of the consultation, Government will make decisions regarding the shape of a new research entity. It is envisaged that there will be an open tendering process for any new entity to be established on the site and that Irish third level institutes and universities will be eligible to apply.

Broadcasting Policy.

Bernard J. Durkan

Question:

263 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources his proposals for the development of the broadcasting industry; if he has examined the extent to which the State and private sectors are likely to be affected by his proposals; his views on whether it is opportune to proceed with the relevant discussions or legislation on the issue at an early date; and if he will make a statement on the matter. [3876/05]

My core broadcasting policy objectives are detailed in my Department's Statement of Strategy, 2003 — 2005. These objectives are: to create an environment that encourages the maintenance of high quality Irish radio and television services by both independent broadcasters and RTE; to secure a viable future for high quality public service broadcasting; to seek to retain access to a range of high quality programming in analogue and digital form, on a universal and free-to-air basis.

My key priorities for achieving these objectives include the following: developing the regulatory framework by bringing forward a Bill to provide for the establishment of a single content regulator for both public and private broadcasters and to establish RTE on the lines of a company under the Companies Acts; taking steps to examine the issues relating to the establishment of TG4 as an independent entity; ensuring adequate public funding for RTE and TG4 so that they can deliver on their statutory mandate; building on progress made in maximising the effectiveness of television licence fee collection; developing proposals to ensure that in a digital era Irish viewers continue to enjoy access to a range of high quality programming; bringing forward proposals for the future licensing of radio services in Ireland.

I am of the opinion that Irish viewers will be best served by a broadcasting environment that includes a strong public service broadcasting presence in the form of RTE and an independent TG4, together with private broadcasters. Digital television offers opportunities for Irish viewers to avail of an increased number of broadcasting services, including new services of particular relevance or interest to Irish audiences.

An indication of this is the fact that the Broadcasting Commission of Ireland has licensed a number of new television services in the past few months.

Industrial Relations.

Thomas P. Broughan

Question:

264 Mr. Broughan asked the Minister for Communications, Marine and Natural Resources his views on the recent breakdown in talks between ESB management and unions on a new pay agreement, staff shareholding in the company and pension rights; his further views on whether these talks can be restarted in the immediate future; the efforts he is making to ensure that agreement between staff and management is reached, including at board level; and if he will make a statement on the matter. [3883/05]

I do not have primary responsibility within the Government for industrial relations issues. The present difficulties between ESB management and the ESB group of unions are matters to be resolved by the parties within the context of the industrial relations machinery available to them. This includes the process established by the Labour Court currently being facilitated by Mr. Peter Cassells.

That said, it is my understanding that there is a willingness on both sides to find a way forward and that Mr. Cassells is engaged in efforts to bring the two sides together again. Given the importance of industrial peace in this sector for the economy in general, it is my sincere hope that these efforts will be successful.

In regard to the matters at issue, it is public knowledge that the claim of the ESB group of unions includes an increase in the employees' current 5% shareholding in the company to 19.9%, an 18.5% pay increase and a resolution of the company's pension deficit. All of this is separate from and additional to increases under Sustaining Progress. Considerations of national competitiveness, the partnership approach to pay in the economy and even the long-term future of the ESB itself raise serious questions about the appropriateness of these claims.

The question of shares is one for the Government as shareholder and they are not within the gift of the company. While I note from the ESB group of unions statement of 14 January that they now appear to have reduced their additional shareholding claim from 14.9% to 9.9%, I restate that Government policy on employee shareholding is clear and does not allow of a shareholding beyond 5% in the absence of a wider transaction affecting the company.

While my Department is keeping in touch with developments, I do not believe that intervention by me at any level is appropriate at present.

Harbours and Piers.

Cecilia Keaveney

Question:

265 Cecilia Keaveney asked the Minister for Communications, Marine and Natural Resources if an application is with his Department requesting funding (details supplied) in County Donegal; and if he will make a statement on the matter. [3384/05]

The pier in question is owned by Donegal County Council and its repair and maintenance is the responsibility of the local authority in the first instance.

Funding of €624,057 was provided to Donegal County Council by the Department in 2000 to 2003 for pier improvement works at Portmore Pier, Malin Head.

The county council has submitted an application for further funding for pier improvement and this will be considered in the context of the multi-annual fishery harbour development programme.

Postal Services.

John Perry

Question:

266 Mr. Perry asked the Minister for Communications, Marine and Natural Resources his plans to fund An Post’s public service obligations (details supplied); and if he will make a statement on the matter. [3421/05]

The universal service obligation which, includes nation-wide delivery requirements, is enshrined in EU and Irish law and therefore, it is a statutory requirement for An Post, as the designated universal service provider. Furthermore, the European Communities (Postal Services) Regulations 2002 sets out the area of the postal market solely reserved for An Post to allow the company fulfil universal service obligations.

In addition, the Government provided €12.7 million in funding in 2003 to support the post office network, and the network also benefits from significant contracts with the Department of Social and Family Affairs for social welfare payments, and the National Treasury Management Agency for Government savings products.

It is not envisaged at this stage, that public funding will be provided to An Post to meet its universal service obligations. In other countries, postal services not only provide such universal services but also are commercially successful and not dependent on any form of State support.

Question No. 267 answered with QuestionNo. 144.

Pension Provisions.

Seamus Healy

Question:

268 Mr. Healy asked the Minister for Communications, Marine and Natural Resources if An Post will ensure that its pensioners are treated properly and fairly and are awarded the pension increases which they have been denied by An Post management for the past two years; and if he will make a statement on the matter. [3548/05]

The authority to implement pension increases was delegated to An Post, subject to certain conditions, as this activity was considered part of the day-to-day operations of the company. In practice this allowed the company to implement pension increases following pay increases to employees. However, decisions outside the scope of the original delegated authority still require the consent of both the Minister for Communications, Marine and Natural Resources and the Minister for Finance.

Following a proposal from the board of An Post to amend the existing pension increase terms of An Post, in this instance, my Department and the Department of Finance undertook a review of the situation. While I fully empathise with An Post pensioners for the position they find themselves in due to the failure of An Post management and unions to reach agreement on implementation of the recovery strategy, the wider overall policy issues raised by the proposal from An Post also need to be considered.

By way of background and as the Deputy may be aware, the existing terms of the An Post superannuation scheme provide for ‘pay parity' that is, that pensions are increased in line with the pay of serving staff. This is in accordance with public service defined benefit pension increase policy generally, ‘pay parity' being an integral and well established practice which is widely applied in public service defined benefit pension schemes.

Unfortunately, following examination of the issue and taking into consideration the implications of providing a precedent which could impact adversely on the cost of pensions in the wider public sector and the existing practice of pay parity, increases to pensioners of An Post, linked to increases under Sustaining Progress, are not possible at this time.

While I understand the current frustration of An Post pensioners with the situation, agreement in partnership with An Post unions to the restructuring plan aimed at securing the future of the company and indeed providing sustainable long-term employment for An Post workers is the way forward.

With this in mind, I have urged both the unions and the management of An Post to fully engage with the industrial relations mechanisms of the State to agree a way forward for the future of the company and all stakeholders in this matter.

Post Office Network.

Seamus Healy

Question:

269 Mr. Healy asked the Minister for Communications, Marine and Natural Resources if An Post will reverse its decision to sell Cahir post office, County Tipperary, and put the franchise out to tender; and if he will make a statement on the matter. [3549/05]

I have no statutory function in relation to this matter. It is an operational issue for the board and management of An Post.

Harbours and Piers.

Dinny McGinley

Question:

270 Mr. McGinley asked the Minister for Communications, Marine and Natural Resources if he has satisfied himself that the proposed pontoon to be built in Rossaveal Harbour and funded by his Department does not present safety danger; and if he will make a statement on the matter. [33269/04]

During 2001 and 2002 the Department, with the assistance of consultants, developed proposals for a deepwater quay and ferry terminal at Rossaveal Fishery Harbour Centre. The project was brought to planning stage at that time but was shelved due to budgetary constraints. In 2004, the Department of Community, Rural and Gaeltacht Affairs and this Department agreed to co-fund the ferry terminal aspect of the overall development.

In assessing the various options for the proposed ferry terminal, consideration was given to solid quay versus pontoon construction and, in terms of layout, marginal quay, quay orientated parallel to road, versus finger pier arrangement. After extensive computer modelling of the inner harbour, involving simulation of wave and tidal conditions and assessment of impacts of new structures on the wave climate, as well as the use of ship simulation studies, it was concluded that a finger pier arrangement of pontoon type construction was the optimum solution for the ferry terminal in Rossaveal.

The use of pontoons offers the following advantages over a solid quay construction: in practical terms, for a particular ferry, the relationship between the ferry deck and doors and pontoon deck can be fixed thus ensuring ease of access for all passengers including hospital patients and disabled persons; the ferry does not need to provide its own fenders and can berth immediately adjacent to rubbing strips on the pontoon, thus minimising the gap between the pontoon and the ferry side entrance doors; the associated access walkway from the quayside can be modified to suit increases in sea levels; there are no significant currents or wave conditions to consider, making a pontoon solution viable. Fabrication of the pontoon and access walkway can be carried out away from Rossaveal thus minimising impacts on existing port operations and the community in general.

In terms of layout, the principal advantages of using the pontoons in a finger pier configuration are that the berthing arrangement is optimised and the ferries are approximately berthed in line with the longest fetch direction.

The advice of the Department's consultants is that the use of pontoons for the ferry terminal in Rossaveal does not present any significant safety danger over that of a solid quay wall construction. In terms of access, pontoons offer a safer and easier option as the relationship between the ferry deck and the pontoon deck is constant, and in particular wheelchair access is easier with this arrangement.

Acmhainní do TG4.

Dinny McGinley

Question:

271 D’fhiafraigh Mr. McGinley den Aire Cumarsáide, Mara agus Acmhainní Nádúrtha an bhfuil géarghá le hacmhainní breise a chur ar fáil do TG4 sa chaoi gur féidir leis an stáisiún leanúint ar aghaidh ag gníomhú go héifeachtach sna blianta amach romhainn. [33481/04]

Is mian liom aird an Teachta a dhiriú ar an bhfreagra a thug mé ar cheist uimhir 147 ar 9 Nollaig 2004.

Question No. 272 answered with QuestionNo. 118.
Question No. 273 answered with QuestionNo. 78.
Question No. 274 answered with QuestionNo. 81.

Electricity Supply Board.

Bernard J. Durkan

Question:

275 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources if the board of the ESB has expressed an opinion in regard to the future role of the company; and if he will make a statement on the matter. [3760/05]

Bernard J. Durkan

Question:

318 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources the extent to which discussions are ongoing with or within the ESB in regard to the future of the company and issues have arisen which could have a fundamental effect on the company’s future; and if he will make a statement on the matter. [4056/05]

I propose to take Questions Nos. 275 and 318 together.

Five-year rolling corporate plans show the medium-term thinking of State-owned companies. I am aware of views expressed on how the company sees itself being positioned going forward, including its stated desire to retain its vertically integrated structure. I have been informed by the chairman that the question of privatisation is not on the company's agenda. Furthermore, within the context of full electricity market opening later this month, ESB has declared its intention to reduce its market share to 60%. This is a significant target and one which is critical in the context of dealing with ESB's dominance and the development of a competitive electricity market. The company also views it as important for it to maintain sufficient scale to compete with other large energy companies, to match peer performance, expand internationally and ultimately secure sufficient economies of scale and scope to remain a major Irish company in the longer term.

The company will have an opportunity to put forward its views on its future during the consultation phase of the review of the electricity sector which I am proposing to instigate shortly. I confirm it is my intention that the review should examine all options in regard to the future shape of the ESB and, in particular, on how to deal with the company's dominance in the power generation market. I also intend to require the relevant consultants to identify a range of alternative institutional arrangements and company structures, including ownership models, for the ESB and, to the extent appropriate, for the electricity sector in general. The consultants' recommendations will serve to inform future policy decisions in regard to the future of the electricity sector. Given the scale of the review, it is likely to be the end of the year before the final report is available.

Broadband Infrastructure.

Joe Walsh

Question:

276 Mr. Walsh asked the Minister for Communications, Marine and Natural Resources if broadband will be rolled out to each of the towns in west Cork; and if he will make a statement on the matter. [3761/05]

Under the second and third phases of my Department's regional broadband programme, high-speed, open-access broadband infrastructure is being provided in a further 94 towns countrywide in association with the local and regional authorities. My officials are in discussions with Cork County Council regarding the design and technical details for the broadband networks for Bantry and Skibbereen in west Cork. Dunmanway will be included in the next phase which I hope to announce shortly.

The county and group broadband scheme offers smaller towns and rural communities funding assistance towards provision of broadband in their own areas in association with the service providers. Up to 55% funding on capital costs is available under the scheme for projects in west Cork. To date, no community from west Cork has drawn on the available funding. To improve take-up, my Department is establishing a GBS co-ordinator in the south west regional authority, which covers Cork and Kerry, with the aims of promoting the CGBS initiative and providing advice to communities on how to secure funding under the scheme. The co-ordinator will be appointed by mid-February.

ESB Contracts.

Fiona O'Malley

Question:

277 Ms F. O’Malley asked the Minister for Communications, Marine and Natural Resources the position regarding the offer of contracts to the offshore section of AER VI; if, in view of the fact that state aids clearance from the EU was granted in August 2004, and the way was therefore cleared for offers to be made, if his Department has instructed the ESB to make an offer to a consortium (details supplied) for a 50 MW contract; and if so, if this consortium has accepted the offer. [3773/05]

I allocated additional capacity in the AER VI competition on 13 December last.

This announcement also confirmed the offer of contracts to two separate offshore wind demonstration projects of 25 MW each. Conditional offers of contracts have been accepted in respect of the winning projects in the offshore wind category.

The formal contracts, in the form of power purchase agreements, are issued by ESB customer service. However, ESB customer service will not be in a position to execute the power purchase agreements until a related order under section 39 of the Electricity Regulation Act 1999 is published. My Department is awaiting additional information in respect of a small number of projects which were announced in December last in order to facilitate the maximum number of projects in the order. My Department is seeking to expedite this matter.

Question No. 278 answered with QuestionNo. 77.
Question No. 279 answered with QuestionNo. 130.
Question No. 280 answered with QuestionNo. 82.
Question No. 281 answered with QuestionNo. 91.
Question No. 282 answered with QuestionNo. 128.
Question No. 283 answered with QuestionNo. 109.
Question No. 284 answered with QuestionNo. 70.
Question No. 285 answered with QuestionNo. 101.
Question No. 286 answered with QuestionNo. 131.
Question No. 287 answered with QuestionNo. 85.
Question No. 288 answered with QuestionNo. 154.
Questions Nos. 289 and 290 answered with Question No. 96.
Question No. 291 answered with QuestionNo. 147.
Question No. 292 answered with QuestionNo. 158.
Question No. 293 answered with QuestionNo. 86.
Question No. 294 answered with QuestionNo. 92.
Question No. 295 answered with QuestionNo. 166.
Question No. 296 answered with QuestionNo. 132.
Question No. 297 answered with QuestionNo. 133.
Question No. 298 answered with QuestionNo. 78.
Question No. 299 answered with QuestionNo. 133.
Question No. 300 answered with QuestionNo. 142.
Question No. 301 answered with QuestionNo. 96.
Question No. 302 answered with QuestionNo. 147.
Question No. 303 answered with QuestionNo. 72.
Question No. 304 answered with QuestionNo. 156.
Question No. 305 answered with QuestionNo. 141.
Question No. 306 answered with QuestionNo. 71.
Question No. 307 answered with QuestionNo. 72.
Question No. 308 answered with QuestionNo. 87.
Question No. 309 answered with QuestionNo. 75.
Question No. 310 answered with QuestionNo. 80.
Questions Nos. 311 to 313, inclusive, answered with Question No. 119.
Question No. 314 answered with QuestionNo. 73.
Question No. 315 answered with QuestionNo. 108.
Question No. 316 answered with QuestionNo. 78.

Telecommunications Services.

Bernard J. Durkan

Question:

317 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources if the proper climate exists for the development of competition in the provision of modern telecommunication facilities with particular reference to broadband, mobile and fixed line telephone technology services; and if he will make a statement on the matter. [4053/05]

The telecoms market is fully liberalised and regulated by the Commission for Communications Regulation, ComReg, which is independent in the exercise of its functions. ComReg has as one of its key objectives under the Communications Regulation Act 2002, the promotion of competition in the exercise of its functions. Competition is now demonstrably higher in the fixed, mobile and broadband markets than two years ago, reflecting the success of pro-competition policies adopted by the Government.

Question No. 318 answered with QuestionNo. 275.

Decentralisation Programme.

Billy Timmins

Question:

319 Mr. Timmins asked the Minister for Communications, Marine and Natural Resources the number of personnel who on applying for promotion in his Department since January 2004, have been required to sign an agreement that they are willing to decentralise; how many of them refused to sign the agreement; if this impacted on their promotion or otherwise; and if he will make a statement on the matter. [4068/05]

My Department has not, to date, required candidates for internal promotion competitions to sign a specific agreement to relocate under the decentralisation programme. The matter is being kept under review in light of central developments.

Northern Ireland Issues.

Paul McGrath

Question:

320 Mr. P. McGrath asked the Minister for Foreign Affairs if he will provide figures for violent crimes, including shootings and attacks on the person, in Northern Ireland for 2003 and 2004. [3867/05]

Violent crime is categorised by the Police Service of Northern Ireland as being one of three separate classes: class 1 relates to offences against the person and includes shootings and assaults; class 2 relates to sexual offences and class 4 relates to robbery. Class 3 relates to burglary and is not categorised as violent crime. As the PSNI provide these statistics on a financial year basis, rather than calendar year, the 2004-05 figures are unavailable at this time. The most pertinent statistics with regard to the Deputy's question are set out below:

2002-03

2003-04

Class 1

28,455

28,982

Class 2

1,469

1,780

Class 4

2,497

1,973

Total:

32,421

32,735

Decentralisation Programme.

Billy Timmins

Question:

321 Mr. Timmins asked the Minister for Foreign Affairs the number of personnel who on applying for promotion in his Department since January 2004, have been required to sign an agreement that they are willing to decentralise; how many of them refused to sign the agreement; if this impacted on their promotion or otherwise; and if he will make a statement on the matter. [4069/05]

Under the Government's decentralisation programme, the development co-operation directorate of the Department of Foreign Affairs is scheduled to decentralise to Limerick. This will involve the relocation to Limerick of some 130 posts, most likely during the first quarter of 2007. A decentralisation committee within the Department is planning all aspects of the move in close consultation with the Department of Finance. To date, the Department has not made any offer of promotion contingent on the officer taking a post being decentralised.

Sports Funding.

Seamus Healy

Question:

322 Mr. Healy asked the Minister for Arts, Sport and Tourism if he will approve the roll-out of the sports partnerships scheme to allow the Irish Sports Council to approve new applications, including the application from South Tipperary Vocational Education Committee; and if he will make a statement on the matter. [3552/05]

As the Deputy is aware, the Irish Sports Council is the statutory body with responsibility for the development of sport, including initiatives to promote sport in local areas. The provision in funding for the Irish Sports Council in the 2005 Estimates is more than €34 million, in comparison to slightly more than €13 million in 2000.

The Programme for Prosperity and Fairness committed the Government to the introduction of local sport partnerships to help promote and develop sport at local level. In its first strategy document, A New Era for Irish Sport 2000-2002, the Irish Sports Council included the establishment of local sports partnerships as one of its main priorities. The Sports Council, following the receipt of proposals from local bodies, approved and funded the establishment of eight partnerships in May 2001 and a further four were established in early 2002. These are located in Clare, Donegal, Fingal, Kildare, Laois, Roscommon, Sligo, Tipperary North, Cork, Limerick, Meath and Waterford.

At my Department's request the Sports Council commissioned a review of the operation of four of the original eight partnerships. Following the completion and consideration of this review, I gave approval in 2003 to the Irish Sports Council to extend the network of local sports partnerships by a further four, bringing the total number of local sports partnerships to 16. The four partnerships in question have been established and are located in Kerry, Westmeath, Kilkenny and Mayo. A sum of €2.45 million has been allocated to the local sports partnerships in 2005. Since 2001, a total of more than €9 million has been allocated to the local sports partnerships by the Irish Sports Council.

My Department is in the process of engaging consultants to carry out an independent appraisal and review of the entire local partnership process to obtain confirmation that this element of sport policy continues to have an impact at local level. The question of extending the partnerships to further areas will be considered in light of the outcome of that appraisal.

Swimming Pool Projects.

Michael Lowry

Question:

323 Mr. Lowry asked the Minister for Arts, Sport and Tourism, further to Questions Nos. 547 of 7 December 2004 and 502 of 26 January 2005, the criteria he uses in deciding funding allocations under the local authority swimming pool programme; and if he will make a statement on the matter. [3841/05]

Michael Lowry

Question:

324 Mr. Lowry asked the Minister for Arts, Sport and Tourism the number of pools funded to date under the local authority swimming pool programme; the location of these pools; the number of applications which remain under consideration; when the programme will be completed; the number of pools which will be funded during the entire life of the programme; and if he will make a statement on the matter. [3842/05]

I propose to take Questions Nos. 323 and 324 together.

Under the local authority swimming pool programme administered by my Department, projects are considered on a case-by-case basis and consideration is given to such issues as whether the area is classified as disadvantaged, the number and geographical spread of projects within and between counties, the viability of the project, particularly with regard to operational and maintenance issues, the overall funding package for the project, technical details and the Department's annual Estimates provision for the programme.

Fifty-five projects are being dealt with under the current programme which closed for applications on 31 July 2000. Of these, 25 projects have been grant aided, of which 15 have been completed. They are located in Arklow, Courtown-Gorey, Dundalk, Ennis, Enniscorthy, Monaghan, Navan, Wicklow, Roscommon, two in Tralee, Ballinasloe, Finglas in Dublin, Grove Island in Limerick city and Clonmel. Ten projects are under construction and are located in Ballymun and Ballyfermot in Dublin, Cobh and Youghal in County Cork, Churchfield in Cork City, Drogheda, Letterkenny, Jobstown in south County Dublin, Monaghan town and Tuam.

Thirty projects are at various stages of the programme, with two at tender stage in Killarney and Ballybunion and 13 at contract document stage in Askeaton, Athy, Claremorris, Clondalkin in south County Dublin, Dunmanway, Glenalbyn in Dún Laoghaire-Rathdown, Longford, Naas, Portarlington, Portlaoise, Skerries, Thurles and Tullamore. A further 15 are at preliminary stages in Ballaghadereen, Ballybofey, Birr, Buncrana, Bray, Castlebar, Clara in County Offaly, Dundrum in Dún Laoghaire-Rathdown, Edenderry, Ferrybank in Wexford, Greystones, Kilkenny, Loughrea, New Ross and Roscrea.

The priority of the programme is to support the proposals in hand. New proposals for swimming pools are not being considered at this time. However, my Department is carrying out an expenditure review on the swimming pool programme, which is examining, among other things, how the programme has worked to date, the benefits which have accrued to the areas where pools have been built through the existing programme and what amendments, if any, are required to ensure the effective and efficient delivery of the programme. This review is expected to be completed by mid-year. On completion of this review, the question of re-opening the programme can be considered.

Decentralisation Programme.

Billy Timmins

Question:

325 Mr. Timmins asked the Minister for Arts, Sport and Tourism the number of personnel who on applying for promotion in his Department since January 2004, have been required to sign an agreement that they are willing to decentralise; how many of them refused to sign the agreement; if this impacted on their promotion or otherwise; and if he will make a statement on the matter. [4070/05]

There have been no competitions for promotion in my Department since January 2004. Two appointments have been made from interdepartmental panels, one at assistant principal and one at executive officer level and in each case the persons appointed have been requested, and have agreed, to sign an undertaking that they are prepared to decentralise to Killarney.

M. J. Nolan

Question:

326 Mr. Nolan asked the Minister for Enterprise, Trade and Employment if he will consider the renting of temporary accommodation in Carlow to accommodate staff wishing to transfer from Dublin to Carlow under the decentralisation programme pending the provision of permanent accommodation in the town; and if he will make a statement on the matter. [3383/05]

My Department has been making good progress in implementing its decentralisation programme and has been selected for inclusion among the organisations listed as the potential "early movers" of the decentralisation programme. Under the decentralisation programme, approximately 300 core staff from my Department will be relocated to Carlow.

As required by the third report of the decentralisation group, my Department is updating its decentralisation implementation plan, which sets out how the staffing, training, customer service, business continuity and risk assessment issues associated with this major undertaking will be addressed over the coming months. In addition, a number of the decentralising business units are in the process of upgrading systems and work processes to ensure a smooth transition during the relocation process.

My Department is working closely with the Office of Public Works on the procurement of a site in Carlow. In this regard, we understand that OPW is at an advanced stage in the site acquisition process. At this stage in the process, the Department does not envisage renting temporary accommodation in Carlow.

Economic Competitiveness.

Phil Hogan

Question:

327 Mr. Hogan asked the Minister for Enterprise, Trade and Employment if he will develop research and development models similar to the Malmo region of Sweden to ensure better potential innovation for companies here and more employment prospects arising from these developments; and if he will make a statement on the matter. [3394/05]

Programmes to promote innovation and industrial employment have been operating for many years, notably the programmes of the industrial development agencies, but also broader measures to promote competitiveness, entrepreneurship and productivity and a business-friendly environment in general. They have been instrumental in achieving the strong employment growth of recent years. This includes programmes in the area of research and development. A notable increase in Government spending on research and development programmes is being implemented under the National Development Plan 2000 to 2006, with €2.5 billion to be spent across a number of Departments, as compared to €500 million in the 1994 to 1999 period.

In developing our research and development policies and programmes, we are informed by good practice in other countries and regions. It is also necessary, however, to take account of the industrial structure and level of economic development at any particular time in deciding the precise measures to apply. Accordingly, while our programmes reflect good international practice, it would not be appropriate to imitate any specific national model. Two key developments in recent years which draw on good international practice are the establishment of Science Foundation Ireland to promote world class research in ICT and biotechnology and, most recently, the introduction of an incremental research and development tax credit.

In the context of the enterprise strategy group report and the national research and development action plan, it is intended to continue to develop our research and development policies and programmes with the aim of significantly increasing investment on research and development and translating that investment into competitiveness and high quality jobs.

Redundancy Payments.

Phil Hogan

Question:

328 Mr. Hogan asked the Minister for Enterprise, Trade and Employment when a redundancy payment will be made to a person (details supplied) in County Wexford in respect of a company; and if he will make a statement on the matter. [3395/05]

From inquiries made in the redundancy section of my Department, the position is that no claim for statutory redundancy has been received in respect of the person concerned. When a redundancy arises in an employment, the employer pays the employee statutory redundancy in the first instance. If the person concerned feels he or she is entitled to a statutory redundancy payment, he or she should apply to his or her former employer for a redundancy payment. If his or her former employer cannot afford to pay but gives him or her the necessary statutory forms showing that he or she paid him or her a nil amount, I can arrange for payment of his or her statutory redundancy entitlement to be made to him or her direct from the social insurance fund. If, however, the employer refuses to give him or her the necessary forms to claim his or her lump sum, it is open to him or her to bring a claim against his or her employer before the Employment Appeals Tribunal for a decision in the matter. I have arranged to have the appropriate form for bringing a claim before the tribunal sent to the person in question. If the tribunal awards him a statutory redundancy payment, again, I can arrange for payment to be made out of the social insurance fund on foot of the tribunal order.

Job Creation.

Seymour Crawford

Question:

329 Mr. Crawford asked the Minister for Enterprise, Trade and Employment the number of IDA jobs created in each of the counties of Cavan and Monaghan in each of the past ten years; his views on whether, with the better road structure, especially into Monaghan and the improved broadband availability, now is the time to make an effort to secure high-tech employment for these two Border counties; and if he will make a statement on the matter in view of the recent job losses in the Virginia factory. [3415/05]

IDA Ireland is the agency with statutory responsibility for the attraction of foreign direct investment, FDI, to Ireland and its regions. While I may give general policy directives to IDA Ireland, I am precluded under the Industrial Development Acts from giving directives regarding individual undertakings or giving preference to one area over others.

Data on job creation are compiled from an annual employment survey carried on by Fórfas. County data for 2004 will not be available until mid 2005. The number of jobs created by IDA supported companies in counties Cavan and Monaghan in the period 1994 to 2003 is as set out in the following table. IDA Ireland, through its network of local and overseas offices, is actively marketing counties Cavan and Monaghan on an ongoing basis as a location for FDI. The agency believes recent infrastructural developments such as those referred to by the Deputy will enhance the attractiveness of both counties for new investments. However, it also points out that decisions regarding where to locate a project, including what areas to visit as potential locations, are ultimately taken by investors.

The job losses in Virginia are very much regrettable. However, I am confident the strategies and policies being pursued by the IDA Ireland, together with the ongoing commitment of Government to regional development, will bear fruit in terms of additional sustainable investment and jobs.

Year

New Jobs in IDA Supported Companies in County Cavan

New Jobs in IDA Supported Companies in County Monaghan

1994

58

112

1995

60

33

1996

13

4

1997

116

28

1998

49

24

1999

35

0

2000

34

1

2001

68

22

2002

47

57

2003

9

10

Job Losses.

Phil Hogan

Question:

330 Mr. Hogan asked the Minister for Enterprise, Trade and Employment the date on which he can visit Ballyshannon in County Donegal to discuss a strategy to create employment in the region in view of the significant numbers of job losses, in particular the closure of a company (details supplied); and if he will make a statement on the matter. [3431/05]

The announcement by the company that it is to close its Donegal Parian facility is disappointing and particularly devastating for the workers and families directly affected. The role of FÁS, the State training agency, will be particularly important in assisting those who are to lose their jobs. FÁS will make its full range of services available to the workforce, including advice and training opportunities.

On 2 December last, I visited north Donegal and met a number of groups and companies. I undertook this visit in recognition of the relatively difficult employment position in Donegal. It is also my intention, in the very near future, to visit south Donegal, including Ballyshannon, and meet local interest groups to discuss the employment position.

IDA Ireland is actively marketing all areas of Donegal for new investment and jobs and has invested significant moneys in developing a business park to international standards in Letterkenny. In Ballyshannon IDA Ireland has obtained planning permission for a new facility and a significant amount of site development work has been recently completed. Also in Ballyshannon, Enterprise Ireland has recently partnered with the local community development company, Erne Enterprise, to develop new high quality enterprise space. Enterprise Ireland is providing €300,000 in support to this new 10,000 sq. ft. enterprise centre. I assure the Deputy that tackling the difficulties in Donegal is a particular priority for me and I have reiterated this point to the State development agencies operating in Donegal.

Phil Hogan

Question:

331 Mr. Hogan asked the Minister for Enterprise, Trade and Employment if he is considering taking action that would lead to employment opportunities for north Cork, particularly Mitchelstown and Mallow, in view of recent job losses; and if he will make a statement on the matter. [3432/05]

The issue of job creation is a day-to-day operational matter for the industrial development agencies and relevant county enterprise boards and not one in which I have a direct role. IDA Ireland informs me that it is actively marketing north Cork as a potential location for new foreign direct investment, FDI, through its network of local and overseas offices to secure new investment and additional jobs for the region, including the towns of Mitchelstown and Mallow. Specifically, IDA Ireland has been marketing a new business expansion scheme supported building in Mitchelstown of 2,072 sq. m., with the vacant advance factory in Mallow. However, it is important to bear in mind that ultimately decisions regarding where to locate a project are taken by the overseas investors.

Enterprise Ireland works with companies in its portfolio in north Cork to assist them increase their sales and exports and improve innovation in order that they can compete on world markets. The agency is encouraging companies to adopt new technologies to add value to their products and services. In 2004 Enterprise Ireland invested more than €9 million in its client companies in County Cork, of which €1.53 million was for client companies in the region, including Mitchelstown and Mallow. This investment was primarily to support new business employment, research and development, capital investment and staff training.

Enterprise Ireland is also actively involved with the provision of infrastructure to facilitate business development and employment in the region. In 2003 it approved a capital grant of €200,000 for a food enterprise centre on the industrial estate in Michelstown under its community enterprise centre 2002 scheme. I understand the project is at planning stage.

In addition, Enterprise Ireland supports the development of business incubation workspace as part of its ongoing commitment to fostering links between colleges and industry. In this regard, Enterprise Ireland has provided support of €2.54 million for incubation facilities in Cork Institute of Technology and €750,000 at University College Cork bio-transfer unit to develop an incubation centre specifically for food biotechnology start-up companies.

The Cork North County Enterprise Board, CEB, provides a range of supports for existing and potential entrepreneurs who are starting or expanding their business. In the recent past the board has conducted 270 one-to-one consultations with clients from the Mitchelstown and Mallow region. In addition, following a joint initiative by Cork County Council, Cork North CEB and Mitchelstown Credit Union, four small advance industrial units are being provided at a cost of €350,000 to facilitate the emergence of new small businesses in the town. From 1993 to date the CEB has paid more than €2 million in grant aid to 178 projects and assisted in the creation of 374 full-time jobs in the north Cork district.

I am confident the strategies and policies being pursued by IDA Ireland, Enterprise Ireland and the Cork County Enterprise Board will bear fruit in terms of delivering the maximum possible level of additional jobs for north Cork, including the towns of Mitchelstown and Mallow.

Job Creation.

Phil Hogan

Question:

332 Mr. Hogan asked the Minister for Enterprise, Trade and Employment if he has proposals to create employment opportunities at a vacant IDA advance factory in Youghal, County Cork; and if he will make a statement on the matter. [3433/05]

IDA Ireland is the agency with statutory responsibility for the attraction of foreign direct investment, FDI, to Ireland and its regions. While I may give general policy directives to the agency, I am precluded under the Acts from giving directives regarding individual undertakings or from giving preference to one area over others.

I understand the agency is actively marketing Youghal, including the vacant advance factory, for additional investment and jobs to potential overseas investors via its network of overseas offices and project divisions. In particular, they are targeting sectors such as pharmaceuticals, medical technologies, information and communications technologies and internationally traded services. Ultimately, decisions regarding where to locate a project, including what areas to visit as potential locations, are taken by investors.

I am confident the strategies and policies being pursued by IDA Ireland, together with the ongoing commitment of Government to regional development, will bear fruit in terms of additional sustainable investment and jobs for the people of east Cork.

Regional Development.

Pat Breen

Question:

333 Mr. P. Breen asked the Minister for Enterprise, Trade and Employment his plans for the future of Shannon Development. [3490/05]

There have been a number of developments that will impact on the mid-west region and the roles of the respective State agencies operating there, the most significant of which are: the proposed relocation of the headquarters of Enterprise Ireland, involving 300 of the agency's Dublin based staff to Shannon, as part of the Government decentralisation programme; the establishment of an independent Shannon Airport Authority; and the enterprise strategy group recommendation that Shannon Development should disengage from industrial development functions which should be left to the national agencies, that is, Enterprise Ireland and the IDA.

Other developments such as the removal of the need for operating licences for companies setting up in the Shannon free zone, the transfer of responsibility for Shannon town from Shannon Development to Clare County Council and the transfer of the tourism development function for north Kerry from Shannon Development to Cork Kerry Tourism impact on the future role of Shannon Development, in particular.

Shannon Development fully supports the decision to establish an independent airport authority which it sees as vital to the economic development of the region. It has also further agreed that the company should refocus its activities on the airport with a view to generating business for the airport and that the company's assets should be used to support the airport authority particularly in its early, vulnerable years. The issue of the organisational structure best fitted to achieve these objectives is still under review and no decision has been taken.

Companies Investigations.

Pat Rabbitte

Question:

334 Mr. Rabbitte asked the Minister for Enterprise, Trade and Employment further to Parliamentary Questions Nos. 23 and 28 of 16 December 2004, the reasons for the Tánaiste giving her authorised officer a direction to cease investigative work under section 19 in regard to three companies and to commence writing up his reports; if she and her officer were in agreement that the officer’s work should be concluded; if the report of the authorised officer has been completed; the person to whom the report will be sent; and if he will make a statement on the matter. [3801/05]

Pat Rabbitte

Question:

335 Mr. Rabbitte asked the Minister for Enterprise, Trade and Employment further to Parliamentary Questions Nos. 23 and 28 of 16 December 2004, the statutory power that was exercised by the Tánaiste in giving a direction to her authorised officer to cease investigative work under section 19 of the Companies Act in regard to three companies; and if he will make a statement on the matter. [3802/05]

Pat Rabbitte

Question:

336 Mr. Rabbitte asked the Minister for Enterprise, Trade and Employment further to Parliamentary Questions Nos. 23 and 28 of 16 December 2004, the steps which were taken in order to transfer responsibility for the investigation of these matters to the tribunals; if the relevant books and documents were transferred; if so, when; if there is a proposal to amend the tribunals terms of reference in order to include these matters; the way in which the decision to have these matters pursued by the tribunals is compatible with the Government decision to reduce the remit and shorten the lifetime of the Mahon tribunal; and if he will make a statement on the matter. [3803/05]

Pat Rabbitte

Question:

337 Mr. Rabbitte asked the Minister for Enterprise, Trade and Employment if and when SI 524 of 2001, the Company Law Enforcement Act 2001 (Section 34) Regulations, 2001, was annulled or withdrawn; and if he will make a statement on the matter. [3804/05]

I propose to take Questions Nos. 334 to 337, inclusive, together.

Section 19 of the Companies Act 1990 empowered the Minister, then Minister for Industry and Commerce, or an authorised officer of the Minister to require the production of books and documents by companies and other bodies in certain circumstances. This type of investigative procedure is normally viewed as preliminary in nature in that it may lead to further and more serious regulatory action such as a full investigation under the control of the courts. In exercise of those powers, my predecessor, the Tánaiste, authorised an officer of the Department to require the production of books and documents by five named companies. In the case of two of the five, the investigations were concluded and follow-up action has been, or is being, taken by the appropriate authorities. The other three investigations are not yet concluded and are being brought to completion by the authorised officer. These three investigations concern Guinness and Mahon (Ireland) Ltd., Hamilton Ross Co. Ltd. and College Trustees Ltd. and the authorisations were made on 8 January 1998, 23 January 1998 and 10 March 1999, respectively.

Significant changes to our company law enforcement arrangements were made under the Company Law Enforcement Act 2001. These included the establishment of a Director of Corporate Enforcement and the transfer to the director of company law enforcement functions of the Minister. The functions transferred from the Minister to the director included those under section 19 of the 1990 Act with the exception of functions relating to section 19 investigations which were then current. This was carried out pursuant to section 34 of the Company Law Enforcement Act 2001 and by S.I. No. 524 of 2001 made thereunder. This instrument, which remains in full force and has not been amended, prescribed five companies in respect of which the powers conferred on the Minister and the authorised officer by sections 19 to 23 of the 1990 Act, as amended by the 2001 Act, continued to be available. This was to facilitate the efficient continuation and conclusion of those investigations.

The progress of these investigations was monitored by my predecessor and by the Department over the course of the past seven years. It was the expectation that the investigations would be concluded within a reasonable period following the coming into operation of the new statutory arrangements in November 2001. Over time concerns developed on the part of the Tánaiste and the Department in relation to the time-frame of the investigations and these were conveyed at various times to the authorised officer. These concerns culminated in the issue of a formal direction on 29 July 2004 to the authorised officer to cease investigative work and to commence writing up the reports with a view to facilitating appropriate follow-up action as soon as possible by relevant authorities. I am informed and understand that this direction was based solely on concerns relating to the length of time which the investigations were taking and to the consequential possibility that any meaningful substantive follow-up action, if such were deemed necessary, would be rendered more difficult.

The statutory basis for the direction given by the Tánaiste to the authorised officer is that it is implicit in the terms of section 19 that the carrying out of an investigation under that section by an officer authorised by the Minister, remains under the control and direction of the Minister. I understand that the authorised officer was not in agreement with the Tánaiste in relation to the direction but undertook to comply with it.

The authorised officer has taken steps to ensure that any information disclosed by the investigations which was, or might be, relevant to the work of the Moriarty or Mahon tribunals was brought to the attention of the relevant tribunal at the earliest opportunity. The Tánaiste confirmed this approach and issued a specific direction to the authorised officer in March 2004 in relation to the Moriarty tribunal and in July 2004 in relation to the Mahon tribunal. The authorised officer has complied, and is complying, with the Tánaiste's instructions. My Department has no responsibility for the terms of reference of either tribunal or any changes in those terms.

I recently received a briefing note on the up to date position on the section 19 investigations from the authorised officer. I am considering that briefing with the object of ensuring that the reports of the authorised officer on his investigations into the three companies are completed by him as quickly and as comprehensively as possible and that they are made available to the relevant authorities for any action they consider appropriate, as soon as feasible.

Section 19 investigations are of their nature confidential and matters investigated cannot be revealed to anyone other than the appropriate authorities recognised in company law.

Health and Safety Information.

David Stanton

Question:

338 Mr. Stanton asked the Minister for Enterprise, Trade and Employment if non-nationals will receive health and safety information in their own language; and if he will make a statement on the matter. [4042/05]

Under the Safety, Health and Welfare at Work Act 1989, the Health and Safety Authority is the State body charged with overall responsibility for administration, enforcement and promotion of workplace safety and health. Matters arising from this responsibility are, therefore, a day to day function of the authority.

Under the 1989 Act, there is a duty on employers relating to the provision of information, instruction, training and supervision to ensure the safety and health of workers. The Health and Safety Authority recognises the new challenges that the growth of non-English speaking people within the workforce brings. This is evidenced by the launch recently of a new authority initiative, safe system of work plan, SSWP, aimed at reducing injuries and deaths on construction sites.

The initiative relies heavily on pictograms to explain and clarify hazards and controls, thereby creating a wordless document where safety can be communicated to all workers regardless of literacy or language skills. The safe system of work plan aims to focus on those in the construction industry who are most at risk allowing them to ensure that all necessary safety controls are in place prior to the commencement of planned work. In addition, work is currently under way to produce the safe system of work plan in a number of different languages.

In April 2004, the authority in conjunction with Bord Glas, recognised the multicultural nature of the horticultural workforce, with the launch of The Essential Health and Safety Guide for Horticulture, which aims to promote health and safety awareness and accident prevention in the workplace. As a labour intensive industry, horticulture is an established employer of migrant workers and 30% of these originate from then accession states, including Latvia, Lithuania, Estonia and Poland. The guide is available in five different languages English, Latvian, Lithuanian, Polish and Russian.

The Government's commitment to ensuring appropriate standards of health and safety in Irish workplaces, for all workers, national and non-national, is illustrated in the Safety, Health and Welfare at Work Bill 2004, which is currently before the House. The Bill, when enacted, will update, repeal and replace the Safety, Health and Welfare at Work Act 1989 and will provide a modern legal framework to guarantee best international practice in regard to health and safety in Irish workplaces.

Section 9 of the Safety, Health and Welfare at Work Bill 2004 sets out the type of information on safety health and welfare required to be given by employers to employees. The information must be in a form, manner and language that can be understood. It must include information on hazards, risks and measures taken as regards safety, health and welfare and the names of emergency staff and safety representatives.

Furthermore, under section 20 of the Bill, an employer is obliged to prepare a written safety statement, based on the identification of hazards and an assessment of risks. This statement, which sets out how the safety, health and welfare of the employees will be secured and managed, also must be in a form, manner and, as appropriate, language that can be understood. The new provisions are intended to provide for the fact that new challenges are evolving in our economy due to the changing nature of the workforce.

Decentralisation Programme.

Billy Timmins

Question:

339 Mr. Timmins asked the Minister for Enterprise, Trade and Employment the number of personnel who on applying for promotion in his Department since January 2004, have been required to sign an agreement that they are willing to decentralise; how many of them refused to sign the agreement; if this impacted on their promotion or otherwise; and if he will make a statement on the matter. [4071/05]

There have been no internal promotions undertaken in the Department of Enterprise, Trade and Employment in the period concerned that relate to decentralisation.

Social Welfare Benefits.

Michael Ring

Question:

340 Mr. Ring asked the Minister for Social and Family Affairs the reason payment of the disability allowance was discontinued for a person (details supplied) in County Mayo; the action which is being taken to rectify the situation; when payment will be restored; the person who assessed the claim and dealt with this person. [3367/05]

Continued entitlement to disability allowance is subject to the person satisfying a means test and the medical eligibility criteria that apply. Legislation provides that all income which the claimant and his or her spouse or partner have is assessable for means purposes subject to certain exemptions.

Following a review, the disability allowance claim of the person concerned was disallowed by a deciding officer from 19 January 2005 on the grounds that he had failed to show that his income from self-employment did not exceed the statutory limit for receipt of the allowance. He was notified of this decision on 24 January 2005, the reason for it and of his right of appeal to the social welfare appeals office. He is currently in receipt of supplementary welfare allowance. If the person concerned provides full details of his income, his entitlement to disability allowance will be assessed and payment of any moneys he may be due will be made without delay.

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

Mary Upton

Question:

341 Dr. Upton asked the Minister for Social and Family Affairs the position regarding extending the respite care grant to pensioners and others not claiming the carer’s allowance. [3369/05]

Seán Haughey

Question:

347 Mr. Haughey asked the Minister for Social and Family Affairs the details of the changes announced in budget 2005 the respite care grant; the way in which eligibility for this grant will now be determined; and if he will make a statement on the matter. [3543/05]

I propose to take Questions Nos. 341 and 347 together.

The conditions for receipt of the extended respite care grant will be set out in the forthcoming Social Welfare Bill and regulations. As set out in my speech at budget time, the following broad conditions will apply: the carer must be providing full-time care to a person who is in need of such care; as is the case with recipients of carer's allowance, a full-time carer must not be engaged in employment for more than ten hours per week; and those who are on unemployment payments will be excluded since they are required to be available for and actively seeking full-time work. Full details of the conditions for receipt of the extended respite care grant will be widely publicised in advance of the payment date.

Paul Kehoe

Question:

342 Mr. Kehoe asked the Minister for Social and Family Affairs the reason the pension of persons (details supplied) in County Wexford was reduced; the payment they are in receipt of; the options available to them; and if he will make a statement on the matter. [3370/05]

A person aged 66 years or over may qualify for an old age non-contributory pension if his or her weekly means do not exceed €171.10. All income is taken into account in calculating the means including the value of any property owned, but excluding a person's own home.

Each of the couple concerned is getting an old age non-contributory pension of €38.50 per week based upon weekly means of €133.05 which were assessed in January 2002. However, following a recent review of their circumstances by a social welfare inspector, their weekly means had increased to €185.23.

As the means of each of the couple are currently in excess of the maximum statutory limit, their pensions are due to be revoked. However, before a formal decision is made on this matter, a deciding officer of my Department wrote to the couple in January 2005 affording them a period of 21 days in which to supply any evidence which might indicate that their means assessment is incorrect. If no reply is received to this letter, a decision on their entitlement to pension will be made based upon the facts currently available.

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

Child Support.

Finian McGrath

Question:

343 Mr. F. McGrath asked the Minister for Social and Family Affairs if he will work with the Department of Finance on child care proposals (details supplied). [3397/05]

My Department administers a number of child income support measures, including child benefit which delivers standard rates of payment in respect of all qualified children in a family regardless of income levels or employment status. Child benefit supports all children but delivers proportionately more assistance to those on low incomes and with larger families. It is not intended primarily to meet child care costs. However, the very substantial increases in benefit in recent years can make a significant contribution to meeting those and other child-rearing costs.

The question of specific support for the costs of child care is a matter for my colleague, the Minister for Justice, Equality and Law Reform, through whose Department the equal opportunities child care programme under the national development plan is administered.

The Deputy has asked me to consider in particular the following issues with the Minister for Finance: introducing 18 weeks paid parental leave for parents of children under the age of five, to be paid at the same rate as maternity benefit; extending maternity benefit from 18 weeks to one year; alternatively, allowing an element of paternity leave where the father could share the final four months of leave with the child's mother; establishing paid part-time parental benefit for parents of children under the age of 11; and introducing a means-tested parental allowance payment for parents with a child under the age of five.

The legislation which specifies the circumstances under which parental and maternity leave can be taken lies within the responsibility of the Minister for Justice, Equality and Law Reform.

Any change in the current provisions for maternity benefit, such as extending the duration of leave from 18 weeks currently to one year, would require changes to that legislation. My Department provides maternity benefit payments to employees only where entitlement to maternity leave has been established.

Similarly, it is likely that any entitlement to paid parental benefit would be contingent on an underlying entitlement to parental leave. Responsibility for the current provisions in relation to parental leave rests primarily with the Minister for Justice, Equality and Law Reform and once entitlement to unpaid leave is established, my Department can award credits to protect the social insurance record of the person taking the leave.

The legislation underwriting both maternity leave and parental leave provisions were considered under separate working groups established under the Programme for Prosperity and Fairness. The report of the working group on the review and improvement of the maternity protection legislation 2001 recommended an extra four weeks paid maternity leave, bringing the total entitlement to 18 weeks and four extra weeks additional unpaid maternity leave being the total entitlement to eight weeks. These recommendations have since been implemented.

The report of the working group on the review of the Parental Leave Act was published in 2002 and dealt with the principle of paid parental leave. In its report, the working group said it could not reach a consensus on the issue and therefore no specific proposals for paid parental leave were advanced.

The working group did not specifically address the issue of a payment in respect of part-time parental leave for children under the age of 11 years. It would be necessary to work out both the practical and financial implications of such a measure in a broader framework probably involving the social partners before detailed consideration could be given to this proposal.

The introduction of a means-tested parental allowance payment for parents with a child under the age of five would represent a very significant departure from the current approach in relation to child income support which is based for the most part on the provision of child benefit. Such a measure would in the first instance require a shift in the current approach based largely on universal payments to a more selective approach and second would imply a shift in support toward families with younger children.

In relation to a move in the direction of more targeted child income support such as a means-tested child benefit supplement, following its identification as an issue in the Sustaining Progress national agreement, the National Economic and Social Council, NESC, has undertaken a review of child income support and in particular the possible merging of family income supplement and child dependant allowances into a second-tier child income support payment. This review, which NESC expects to complete during 2005, will inform the development of future policy in this area.

The introduction of an age-related child benefit payment structure has been proposed on a number of occasions in the past and the arguments for specific age related payments are far from clear-cut. Whereas it is recognised that child care expenses might be higher for pre-school children, research has shown that other expenses rise with age.

In recognition of the increased expense encountered by larger families with younger and older children, rates have been structured towards payment of the higher rate in respect of third and subsequent children. This policy provides a consistent level of support to parents regardless of the age of the child.

Social Welfare Benefits.

Fergus O'Dowd

Question:

344 Mr. O’Dowd asked the Minister for Social and Family Affairs if his Department plans to review the earnings disregard for persons with disabilities who are in rehabilitative employment; and if he will make a statement on the matter. [3435/05]

My Department aims, through the provision of a range of supports, to encourage and assist people with disabilities and long-term illnesses who are in receipt of social welfare payments to identify and take up available employment, training and other self-development opportunities, where appropriate. This is achieved through a number of measures, which include: exemptions from the general "no work" conditions which apply to the contributory illness and disability payments. With the prior approval of the Department, a person may be exempted from these conditions so as to engage in employment or training of up to 20 hours per week which is considered to be rehabilitative or therapeutic in nature; earnings disregards in the case of means-tested payments, disability allowance and blind pension, for those engaging in rehabilitative employment or self-employment and rehabilitative training; participation in the back to work scheme, whereby people on long-term illness and disability payments can retain those payments on a sliding scale for three years where they take up full-time employment in the open labour market, four years where engaged in self-employment; the jobs facilitator network, which assists people to return to work, training and education by advising them of the options available, encouraging them to take up these options and providing supports, where necessary; and exemptions from liability for employer and employee PRSI contributions, in certain instances.

The earnings disregard for those in receipt of means-tested payments engaging in rehabilitative employment has been increased on a number of occasions since the transfer of the then disabled person's maintenance allowance, DPMA, from the health boards to my Department as disability allowance in 1996.

At that time, the disregard was £35.20, equivalent of €44.69, increased to £36.30, €46.09, from 4 June 1997 and to £50, €63.49, from 3 June 1998. It was then increased to £75, €95.23, from 5 April 2000 and also extended to self-employment and to its current level of €120 from 3 April 2002. Any further change to this disregard would have budgetary implications and would have to be considered in the context of overall available resources.

As part of the Government's expenditure review initiative, a working group established in my Department reviewed the range of existing illness and disability schemes and identified a number of areas where employment support could be strengthened within the social welfare system and across Departments generally.

The review considered that there is no single approach which could offer a complete solution to the barriers which people with disabilities may experience in finding and taking up employment , but rather that a combination of measures is required which should include: a recognition of the fact that some people's medical and other circumstances may mean that they have some capacity for work, but may never achieve full-time work. A review of the rehabilitative earnings disregard could be considered in this context; ensuring that whatever employment support measures are adopted do not act as a disincentive for people with disabilities and long-term illnesses in maximising their potential; retaining a range of employment supports for different client groups, and ensuring that clients are referred to the most suitable option, having regard to the nature of their illness-disability, age and social circumstances; and the introduction of early intervention measures which are aimed at re-integrating people who sustain serious illnesses, injuries and disabilities back into the workforce before they become long-term dependent on social welfare payments.

The review sets out a strategic direction for policy in relation to the illness and disability schemes and its recommendations will be taken on board in the context of future development of employment support activities. My Department is actively considering how the many recommendations of the report might be implemented.

Gay Mitchell

Question:

345 Mr. G. Mitchell asked the Minister for Social and Family Affairs if he will review the case of a person (details supplied) in Dublin 12; and if, in the circumstances, the exemption will be continued for a further six months to allow the person to prepare for work. [3447/05]

A person is not permitted, as a general rule, to engage in work while receiving disability benefit. Legislation provides, however, that a person may be granted an exemption from this rule where she-he is engaged in part-time work in the nature of rehabilitation or occupational therapy, with a view to return to full-time employment.

The person concerned has been in receipt of disability benefit since 20 January 2003. In March 2004, an exemption was approved for a period of six months from June 2004.

An extension to the exemption period was refused on 13 December 2004 following consultation with the Department's medical adviser who advised that the rehabilitative and occupational therapeutic value of the work had been exhausted, and that the exemption was unlikely to lead to return to full-time employment.

The person concerned sought a review of the decision and her case was sent to the chief medical adviser of the Department for his advice. The reviewing officer, after examining all the facts and taking into consideration the advice of the chief medical advisor, upheld the original decision.

If the person concerned wishes to continue with the part-time work, she will have to submit a final certificate to the Department. Alternatively, if the person concerned wishes to continue to claim disability benefit she could cease the part-time work but her entitlement to disability benefit would be subject to reassessment on medical grounds.

If the person concerned continues with her part-time job, she may be entitled to unemployment assistance but that is subject to her meeting the relevant conditions, including that she was seeking work either for those periods not covered by her current part-time job or an alternative full-time job. The person concerned may also claim supplementary welfare allowance on a short-term basis while awaiting a decision on a claim for unemployment assistance.

Paul McGrath

Question:

346 Mr. P. McGrath asked the Minister for Social and Family Affairs the number of recipients of the carer’s allowance at the full rate, the carer’s allowance at a reduced rate and carer’s benefit; and if he will compare these figures with the total estimated number of carers. [3466/05]

There are now 23,915 people in total receiving either carer's allowance or carer's benefit. Some 21,001 of these are in receipt of carer's allowance at the maximum rate and another 2,233 are on reduced rates. A further 681 people are currently in receipt of carer's benefit.

The Central Statistics Office, CSO, included a question in the 2002 census to identify the number of persons providing unpaid personal care for a friend or family member with a long-term illness, health problem or disability. The analysis of this section of the census found that: 40,526 people provide 43 hours or more unpaid personal help per week, or over six hours per day; 23,366 people provide 15 to 42 hours unpaid personal help per week, or between two and six hours per day; and 84,862 people provide one to 14 hours unpaid personal help per week, or up to two hours per day.

There are currently approximately 24,000 carers in receipt of carer's allowance or carer's benefit. This equates to 59% of the 40,500 or so people found by the CSO to be caring for six hours or more each day. It equates to 37% of the 64,000 or so carers found by the CSO to be caring for more than two hours per day. People providing lower levels of care would not necessarily meet the qualifying conditions for receipt of a payment because the carer must be providing full-time care and attention and the care recipient must be in need of full-time care and attention. In the case of carer's allowance, the carer must also satisfy a means test.

Support of carers has been a priority of Government since 1997. Payments to carers have been greatly improved over that period and qualifying conditions for carer's allowance have been significantly eased, coverage of the scheme been extended and new schemes such as carer's benefit and the respite care payment have been introduced. The further development of support for carers continues to be a priority for me and for Government.

Provision has been made in successive budgets for substantial increases in the income disregards. From April 2005, the weekly income disregards will increase to €270 for a single carer and to €540 for a couple.

The effect of this increase will ensure that a couple with two children, earning a joint income of up to €30,700 can qualify for the maximum rate of carer's allowance while the same couple, if they had an income of €49,200, could still qualify for the minimum carer's allowance, the free schemes and the respite care grant. The carer's allowance means test is one of the more flexible tests in terms of the assessment of household incomes.

In addition and with effect from June 2005 I have made provision for the introduction of a universal respite care grant payment of €1,000 payable to all carers providing full-time care to an older person or a person with a disability subject to certain employment related conditions. This grant may be made in respect of each care recipient and is not subject to a means test. These measure will continue to enhance the provision of supports for carers.

Question No. 347 answered with QuestionNo. 341.

Breeda Moynihan-Cronin

Question:

348 Ms B. Moynihan-Cronin asked the Minister for Social and Family Affairs the number of recipients of the fuel allowance; the estimated annual cost of increasing the allowance to €12 and to €15; the estimated annual cost of extending the allowance to the remainder of the year; the estimated annual cost of paying a half-rate allowance for those months during which the allowance is not currently awarded; and if he will make a statement on the matter. [3555/05]

The estimated cost of social welfare fuel allowances in 2004 is €84 million, benefiting some 270,000 households. The estimated additional cost of increasing the allowance to €12 and to €15 per week for the 29-week winter heating season would be approximately €23 million and €47 million, giving a total scheme cost of €107 million or €131 million, respectively.

The estimated additional cost in 2005 terms of extending the fuel allowances to a full year would be approximately €66 million, giving a total scheme cost of €150 million. The estimated additional cost of paying half-rate allowance for those months during that the allowance is not paid currently would be approximately €33 million, giving a total cost of €117 million.

Fuel allowances are an assistance towards a person's extra heating expenses in the colder months, and have never been intended to cover the entire cost of fuel in that period. Significant real increases in recent years in primary social welfare payment pension, benefit and assistance rates have improved the income position for people who depend on the social welfare system to meet their day to day living costs, including heating. In addition, more than 300,000 households also qualify for electricity and gas allowances throughout the year under the household benefits package.

Any increase in fuel allowance payment levels or duration would have significant cost implications and is a matter for consideration in a budgetary context.

Michael Ring

Question:

349 Mr. Ring asked the Minister for Social and Family Affairs the way in which means were assessed for a person (details supplied) in County Mayo in regard to the carer’s allowance. [3557/05]

Under the legislative provisions that apply to carer's allowance all income which the claimant and his-her spouse have is assessable for means purposes. In the case of carer's allowance income disregards of €250 for a single person and €500 for a married couple apply. Any means in excess of the disregards are assessable.

The person concerned has been in receipt of carer's allowance since 2000. She applied for an increase in her carer's allowance in respect of a second carer on 29 July 2004. She was awarded carers allowance at €209.40 per week with effect from 15 July 2004. This represented the maximum personal rate payable to a person providing care to two persons. The means which, at that time, were derived from her spouse's earnings were below the disregard.

Due to a change in her spouse's employment and earnings two revised decisions have been made in respect of her entitlement. Income from her spouse's employment was re-assessed at €607.89 per week net of allowable deductions in respect of PRSI, superannuation, travel, etc.

Following the application of the €500 income disregard that applies, her weekly means were assessed as half of the balance, or €53.94 per week. Accordingly, her weekly rate of allowance was reduced to €161.90. She was notified of this decision and the reasons for it, including a breakdown of the means assessed.

Additional information regarding her spouse's employment was subsequently received by my Department on 1 February 2005. A further revised decision has been completed and income from employment was assessed as €703.92. Following application of the income disregard, the weekly means equate to €101.96. The rate of payment will be reduced accordingly from 3 March 2005 to €135.40.

Her case will, however, be automatically reviewed arising from improvements to the income disregards made in the context of the budget. These are being increased to €540 with effect from April 2005 for a married or co-habiting couple. In cases where there are no other changes in circumstances, this will result in an increase of €20 per week in the rate of carers allowance payable.

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

With effect from June 2005, I have made provision for the annual respite care grant of €1,000 to be payable in respect of each care recipient.

Mary Upton

Question:

350 Dr. Upton asked the Minister for Social and Family Affairs his plans to extend the free travel pass to cover all services operated by Dublin Bus; and if he will make a statement on the matter. [3833/05]

I understand that the Deputy's question refers to the possibility of removing the time restrictions from the free travel scheme.

Time restrictions have been a feature of the free travel scheme since its inception. The central issue in regard to time restrictions is that of capacity constraints and the pressure on the transport system from commuters travelling to and from work and school in the morning and evening.

Time restrictions do not apply on any transport services in the case of people with learning disabilities, people attending long-term rehabilitation courses or certain work experience programmes and certain other people with disabilities or visual impairment.

These people are issued with an unrestricted free travel pass which enables them to travel during the normally restricted travel times. Also, there are no peak time travel restrictions on Luas, DART, suburban rail services, and on services provided by private transport operators in other parts of the country.

In exceptional circumstances, where hospital appointments cannot be arranged out of peak travel time, my Department can issue a temporary unrestricted free travel pass. Requests for such passes are considered on a case by case basis.

I understand that any general lifting of the existing time restrictions at this time could cause capacity problems for transport operators. However, my officials are keeping the matter under review.

John McGuinness

Question:

351 Mr. McGuinness asked the Minister for Social and Family Affairs if the maximum rent allowance will be awarded in the case of persons (details supplied) in County Carlow; the reason these persons are being asked to repay his Department; and if a decision will be expedited in this case. [3834/05]

Subject to certain conditions, including a means test, rent supplements are available through the supplementary welfare allowance scheme administered on my behalf by the community welfare staff of the Health Service Executive, HSE.

The southern region of the HSE has advised that an overpayment of rent supplement occurred in this case owing to the failure of the person concerned to notify the community welfare officer that he had taken up part-time employment. The HSE has further advised that the person concerned is no longer in part-time employment and that payment of the appropriate amount of rent supplement has been restored to him.

The HSE is obliged to make all reasonable efforts to recoup the overpayment. In doing so, it will have full regard to the circumstances of the couple concerned to ensure that no hardship occurs. The community welfare officer will notify the person shortly of the amount of the overpayment and will seek his proposals for repayment of the sum due.

Child Poverty.

David Stanton

Question:

352 Mr. Stanton asked the Minister for Social and Family Affairs his views on the recent EU-S12C report which indicated that nearly 15% of children under 15 were living in consistent poverty; the action he intends to take as a result; the timescale for same; and if he will make a statement on the matter. [3873/05]

The Deputy is referring to the first results from the 2003 EU survey of income and living conditions, EU-SILC, which were released by the Central Statistics Office, CSO, last month. The findings of this survey are a valuable contribution to the comprehensive research already undertaken into income, living standards and the extent of poverty in Ireland. A key message from the survey is that, despite the extremely positive and targeted action taken by the Government and the record levels of spending on social welfare, there continue to exist vulnerable groups, including children, who struggle on the margins of society. It is, therefore, necessary to intensify the efforts to eradicate poverty and social exclusion, particularly in relation to persons in these vulnerable groups. The EU-SILC survey is a new survey that uses a different methodology to that employed in earlier surveys. It is a fact that different surveys give different results. Therefore, the apparent differences that emerged in the "consistent poverty measure" between the new EU-SILC results and the earlier 2001 Living in Ireland survey do not suggest any radical increase in poverty rates in Ireland between 2001 and 2003. Both the CSO and the Economic and Social Research Institute, ESRI, have assured me that the figures are not comparable and that it is therefore not possible to conclude from them whether the rates for consistent poverty went up or down or remained unchanged. Nevertheless, what is not in question are the groups who are identified as being most at risk. The EU-SILC survey confirms the findings of earlier analyses in this regard.

In my initial response to the launch of these figures, I stressed my commitment to taking swift and decisive action on child poverty. Serious consideration is now being given to the introduction of a second tier of supports — in addition to the child benefit and other support entitlements — aimed specifically at addressing those children most at risk. Linked to this are the vulnerable circumstances of many lone parents. The existing support systems will be scrutinised over the coming months and changes considered that more adequately reflect the needs of this group, and society in general, in a 21st century Ireland.

My Department is also involved in efforts to develop a strategy to eliminate obstacles to employment for lone parents. Tackling child poverty has been and continues to be among the Government's key priorities. Strategies to address child poverty and the measures to give effect to them are set out in the revised national anti-poverty strategy, the national children's strategy and in the national action plan against poverty and social exclusion. The importance of tackling child poverty is also reflected in the fact that ending child poverty was identified as one of ten special initiatives being undertaken under Sustaining Progress. Under this initiative, key policy issues are being addressed including: child income support arrangements; the development of a strategy for strengthening families in a changing society; initiation of a longitudinal study of children; barriers to employment, particularly for lone parents and larger families. The work being undertaken under the special initiative will further enhance the capacity to tackle the issue of child poverty.

This Government continues to make significant progress in its programme of increases in the levels of child benefit. From April 2005 child benefit payments will amount to €141.60 for the first and second children and €177.30 for the third and subsequent children. Between the 2001 and 2005, the child benefit rate increased by 65%. Furthermore, the national action plan against poverty and social exclusion set a target for child benefit and child dependant allowances to be set at 33% to 35% of the minimum adult social welfare payment rate by 2007. Following budget 2005 the combined child income support, that is, child benefit and child dependant allowance, for those on social welfare will be at 33% of the lowest social welfare rate in 2005. The causes of poverty among children and its effects are multi-faceted and require a multi-policy approach and the results of the EU-SILC survey will be examined in greater detail over the coming weeks with a view to facilitating a more effective such approach.

Income Support.

Róisín Shortall

Question:

353 Ms Shortall asked the Minister for Social and Family Affairs if an examination will be carried out on the income supports for mature students in view of the case of a person (details supplied) in Dublin 9; and if he will make a statement on the matter. [4006/05]

The back to education allowance is a second chance education opportunities programme designed to encourage and facilitate people on certain social welfare payments to improve their skills and qualifications and, therefore, their prospects of returning to the active work force.

At present, to qualify for participation in the scheme an applicant must be, inter alia, in receipt of a relevant social welfare payment for at least six months if pursuing a second level course of study, currently 15 months is to be reduced to 12 months from September 2005.

The requirement to be in receipt of a relevant social welfare payment for a minimum period of time has always been a feature of the back to education allowance scheme and is considered reasonable and necessary to ensure that resources are targeted at those who are most in need. The issue of income supports for students, whether mature students or otherwise, is not a matter for the social welfare system.

Prior to commencing a course of study in September 2004, the person concerned, was in employment and not, therefore, within the target group for the scheme. I am satisfied that, overall, the current arrangements ensure that the scheme supports those people who are most distant from the labour market and whose need is greatest. As I have undertaken to the Dáil and the Oireachtas Joint Committee on Social Affairs, I will continue to keep the qualifying period for this scheme under regular review.

Decentralisation Programme.

Billy Timmins

Question:

354 Mr. Timmins asked the Minister for Social and Family Affairs the number of personnel who, on applying for promotion in his Department since January 2004, have been required to sign an agreement that they are willing to decentralise; how many of them refused to sign the agreement; if this impacted on their promotion or otherwise; and if he will make a statement on the matter. [4072/05]

Under the Government's decentralisation programme for the Civil Service and public service, my Department's headquarter sections and the social welfare appeals office are scheduled to re-locate to six locations, Sligo, Carrick-on-Shannon, Donegal, Buncrana, Carrickmacross and Drogheda. In addition, the Combat Poverty Agency and Comhairle, which operate under the aegis of my Department, are scheduled to re-locate to Monaghan and Drogheda, respectively, under the programme.

To date, no employee in my Department has refused to sign an agreement on assignment or when offered promotion. Since January 2004, five employees have been requested on assignment to sign an agreement that they are willing to decentralise to a provincial location in accordance with the decentralisation programme. Four of the assignments were within the grade of specialist IT posts, carrying an allowance, which are designated for decentralisation to Drogheda. Three of these were from a public appointments service, PAS, interdepartmental panel and one was from an internal departmental competition. The fifth assignment was on promotion from a PAS interdepartmental panel to a post which is also due to re-locate to Drogheda under the programme. Each of these employees signed the undertaking.

Three employees have indicated they were unable to participate in competition because of the requirement to agree to re-locate in the event of their being offered promotion as a result of the competition.

Airport Development Projects.

David Stanton

Question:

355 Mr. Stanton asked the Minister for Transport if he will clarify his comments, as reported in the local press, made during his recent visit to Cork regarding the provision of airbridges in Cork Airport; if he will report on the responsibility of the Cork Airport Authority and the Dublin Airport Authority in this matter; and if he will make a statement on the matter. [3866/05]

Until the relevant assets are vested in the Cork and Shannon Airport Authorities, in accordance with the framework provided for in the State Airports Act 2004, overall stewardship of Cork Airport, including the major development programme under way at that airport, remains with the Dublin Airport Authority subject to any agreed delegated arrangements made with the new Cork Airport Authority.

I understand from the Dublin Airport Authority that the main airline customers using Cork Airport do not support the provision of airbridges as originally envisaged in the plans for the airport development programme and, accordingly, the current works do not provide for airbridges. The Cork Airport development project has a substantial budget assigned to it. It is a matter for the airport authorities concerned to decide how best to use the available budget to ensure the continued growth and success of Cork Airport.

Driving Tests.

Paul Kehoe

Question:

356 Mr. Kehoe asked the Minister for Transport the action that can be taken to assist following the new regulations introduced regarding the gear boxes in lorries being used by a driving school (details supplied); and if he will make a statement on the matter. [3381/05]

EU Directive 2000/56/EC provides for changes in the type of vehicle that may be presented for test. These changes only apply in respect of truck, bus or car with trailer tests. The Road Traffic (Licensing of Drivers) (Amendment) Regulations 2004, SI 705 of 2004, give effect to the provisions of the directive.

These regulations require that a vehicle used for a driving test in licence category C, trucks, which was registered on or after 1 January 2004, must have passenger accommodation for not more than eight persons, a gross vehicle weight of at least 12,000 kg., a length of at least 8 m, a width of at least 2.4 m, and be capable of a speed of at least 80 km/h. The vehicle must also be fitted with anti-lock brakes, be equipped with a gearbox having at least eight forward gears, and recording equipment, tachograph. The cargo compartment must also consist of a closed box body, which is at least as wide and as high as the cab. Vehicles registered before 1 January 2004 are not subject to these requirements and may be used for driving test purposes until 2013.

In February 2002, representative bodies of driving instructors were advised, by letter, of the directive. In the course of information sessions held at most test centres in both 2003 and 2004, regional supervisors from my Department advised driving instructors that changes were to be introduced to the representative vehicles that could be presented for driving tests. I am not aware of any situation where a supervisor offered advice on the purchase of a vehicle by a driving instructor.

Road Safety.

Phil Hogan

Question:

357 Mr. Hogan asked the Minister for Transport his views on whether there should be no pillion passenger allowed in respect of provisionally licensed motorcyclists; and if he will make a statement on the matter. [3390/05]

The Road Traffic (Licensing of Drivers) Regulations 1999 provide that a person provisionally licensed to drive a category A, A1 or M vehicle, that is a motorcycle or moped, may not carry a passenger. I have no proposals to change this requirement.

Phil Hogan

Question:

358 Mr. Hogan asked the Minister for Transport if he will consider the introduction of compulsory private tuition programmes for inexperienced drivers; and if he will make a statement on the matter. [3391/05]

The Government's strategy for road safety for 2004 to 2006 identified speed, seat-belt wearing, driving while intoxicated, engineering measures and vulnerable road users as the key priority areas to be addressed over the coming years in terms of yielding road safety benefits. As regards motorcyclists, it is the intention over the course of the strategy to introduce compulsory initial practical training for motorcyclists before they are permitted to drive alone on a public road.

There are no proposals to introduce such compulsory training for other learner drivers. Proposals being developed by my Department for the regulation and quality assurance of driving instruction will involve a test of the competence of individual instructors and will ensure the availability of a high standard of instruction to learner drivers.

Speed Limits.

Phil Hogan

Question:

359 Mr. Hogan asked the Minister for Transport if he plans to change the present speed limit for large public service vehicles in view of the establishment of a speed limit of 80 km/h for coaches; and if he will make a statement on the matter. [3393/05]

Willie Penrose

Question:

371 Mr. Penrose asked the Minister for Transport the reason his Department has not changed the speed limits for large public service vehicles, such as coaches and buses, in line with those recommended in the report of the working group on the review of speed limits; and if he will make a statement on the matter. [3830/05]

I propose to take Questions Nos. 359 and 371 together.

As I indicated in reply to Parliamentary Question No. 209 of 1 February 2005, I made regulations on 12 January 2005 to prescribe a maximum speed limit for certain classes of vehicles from 20 January 2005. A limit of 80 km/h limit was set for vehicles with accommodation for more than eight passengers.

In setting the metric speed limit for this class of large vehicle, I made no change to the speed limit policy that had applied since 1992 other than converting the previous maximum limit of 50 mph to the nearest equivalent metric value of 80 km/h. I have, however, made it clear that I will revisit the matter of maximum speed limits for these and other specified classes of vehicles later this year.

Road Accidents.

Seymour Crawford

Question:

360 Mr. Crawford asked the Minister for Transport the number of fatal accidents which occurred in each of the past three years on regional roads outside the 30 to 40 mph speed limit; the number which occurred on national secondary roads for the same period and on national primary roads; if he has satisfied himself that all regional roads are unsafe for 100 km/h speed limits; and if he will make a statement on the matter. [3414/05]

Statistics on road accidents, based on information provided by the Garda Síochána, are published by the National Roads Authority in its annual Road Accident Facts reports. The most recent report for 2002, along with those relating to previous years, are available in the Oireachtas Library.

The road accident reports include data relating to the number of fatal accidents on each of the national primary and secondary routes. The report also includes details relating to the number of fatal accidents inside and outside built-up areas on these roads. For the purpose of the report, a built-up area is regarded as an area with a 30 mph or 40 mph speed limit. Data relating to the number of fatal accidents inside and outside built-up areas on non-national roads is available from the report but no breakdown is available as between regional and local roads.

The following table gives the breakdown of the number of fatal accidents outside built-up areas on national primary and secondary routes along with the number of fatal accidents outside built-up areas on non-national roads in 2000, 2001 and 2002.

Year

Number of fatal accidents outside built-up areas on national primary routes

Number of fatal accidents outside built-up areas on national secondary routes

Number of fatal accidents outside built-up area on non-national roads

Total number of fatal accidents for the year

2000

84

41

122

362

2001

85

41

135

360

2002

84

41

123

346

Over the three-year period, the number of fatal accidents on national primary and secondary roads accounted for 35% of the total.

The working group established in 2003 to review speed limit structures and policies recommended that the general speed limit that applied in respect of rural roads other than motorways should be replaced by separate default speed limits for the rural national and rural regional and local roads. The provisions in the Road Traffic Act 2004 establishing the default speed limits for roads generally reflects that recommendation by providing for the introduction of a default speed limit of 100 km/h for rural national roads and 80 km/h for rural regional and local roads.

The determination of different default maximum speed limits for national and non-national roads in rural areas is based on the premise that the regional and local road network is of a lower infrastructural standard in terms of design, road engineering and maintenance than is the case with the national network. This is supported by the engineering advice from the Department of the Environment, Heritage and Local Government to the effect that 80 km/h is the most appropriate maximum speed limit for the greatest part of the regional and local road network.

The Road Traffic Act 2004 empowers county and city councils to make special speed limit by-laws for the purpose of applying special speed limits. Where a county council determines that a speed limit of 100 km/h can be deployed on a regional or local road, it may facilitate that determination through the inclusion of an appropriate provision in by-laws. Equally, a county council may apply a maximum speed limit lower than the default speed limit in respect of a regional and local road and, subject to the consent of the National Roads Authority, in the case of a national road, where they consider it would be the best road safety match.

Integrated Ticketing System.

Olivia Mitchell

Question:

361 Ms O. Mitchell asked the Minister for Transport the progress to date with regard to the introduction of integrated ticketing by the Railway Procurement Agency; the amount which has been granted for this project; if this money has been ring-fenced by the RPA solely for this project; and if he will make a statement on the matter. [3423/05]

In March 2002, the Railway Procurement Agency, RPA, was given statutory responsibility under the Transport (Railway Infrastructure) Act 2001 (Additional Functions) (Integrated Ticketing) Order 2002 for the delivery of an integrated ticketing system. The contactless smartcard-based integrated ticketing system, which will enable a passenger to use a single ticket on one or more scheduled public transport services, by road and by rail, irrespective of the transport operator involved, is being developed by the RPA and will be introduced on a phased basis, initially in the Dublin area.

A first step was the launch in April 2004, in conjunction with the RPA, of smartcards by a private operator, Morton's Coaches, on its services. Another important step will be the launch of smartcards on Luas services which, I have been informed by the RPA, will take place shortly. The RPA expect that Dublin Bus and possibly some additional private operators will follow with smartcards on services this year, with the DART expected to follow next year. By early 2006, passengers will be able to travel on both bus and Luas services in Dublin using one smartcard. Integration using smartcards with other operators is projected to follow shortly thereafter.

The delivery costs of the fully integrated ticketing project are currently estimated to be €29.6 million for the total project including a 10% contingency cost. This funding is included in my Department's capital envelope. Procurement procedures and processes are matters solely for the RPA.

Road Accidents.

Ruairí Quinn

Question:

362 Mr. Quinn asked the Minister for Transport the number of road accidents and road fatalities recorded in County Meath in 2004; the way in which these compare with similar figures for 2003; and if he will make a statement on the matter. [3464/05]

Statistics relating to road accidents, based on information provided by the Garda Síochána, are published by the National Roads Authority in its annual Road Accident Facts reports. The most recent report for 2002, along with those relating to previous years, are available in the Oireachtas Library. Reports contain details of the number of road deaths in each county. Figures relating to specific counties for 2003 and 2004 will not be available until the NRA has fully analysed and authenticated the 2003 and 2004 statistics. The 2003 Road Accident Facts report will be published shortly.

Driving Tests.

Breeda Moynihan-Cronin

Question:

363 Ms B. Moynihan-Cronin asked the Minister for Transport the average waiting times for a driving test at each of the country’s test centres; and the number of testers operating in each centre. [3493/05]

The following table sets out the average waiting times at 4 February 2005 for each driving test centre and the number of driver testers assigned to headquarter centres within each region. Driver testers are in turn assigned from headquarter centres to meet the demand in other test centres. In addition to the driver testers, a chief tester and ten supervisory testers are employed by my Department.

Driving Test Centres

Average weeks waiting at 4 February 05

Number of testers headquartered in centre

Nth. Leinster Region

Finglas

27

17

Raheny

36

9

Dundalk

26

Mullingar

25

Navan

37

1

Sth. Leinster Region

Churchtown/Rathgar

29

15

Tallaght

31

11

Gorey

30

Naas

41

2

Tullamore

22

Wicklow

25

West Region

Athlone

25

2

Birr

28

Castlebar

28

3.5

Clifden

14

Ennis

18

3

Galway

28

6

Loughrea

22

2

Roscommon

19

Tuam

24

North West Region

Ballina

27

Buncrana

30

Ck-on-Shannon

29

1

Cavan

32

2

Donegal

33

Letterkenny

25

3

Longford

32

Monaghan

29

1

Sligo

23

3

South East Region

Carlow

42

1

Clonmel

31

2

Dungarvan

39

Kilkenny

32

2

Nenagh

42

Portlaoise

31

1

Thurles

43

Tipperary

38

Waterford

35

3

Wexford

32

4

South West Region

Cork

18

13.5

Killarney

40

1

Kilrush

26

Limerick

36

4

Mallow

28

Newcastle West

27

Shannon

36

Skibereen

38

Tralee

27

3

Rail Services.

Olivia Mitchell

Question:

364 Ms O. Mitchell asked the Minister for Transport the level of State capital investment made in Irish Rail’s freight business each year from 1997 to date; the areas in which these allocations have been spent in terms of the options for freight, which were set out in the strategic rail review being pursued by Irish Rail; and if he will make a statement on the matter. [3658/05]

While no direct Exchequer capital has been provided to Iarnród Éireann for its freight operations during the period in question, the company has invested approximately €4.5 million from its own resources in container wagons and €3 million in depot cranes. The purchase of this equipment is broadly in line with the relevant recommendations of the strategic rail review.

Since the publication of that review in 2003, the environment in which Iarnród Éireann operates its rail freight has changed radically and the company was obliged to examine its entire rail freight operation. The outcome of this examination was the decision of the company to concentrate on the more profitable elements of the business and generate new business in areas in which it could compete with the highly competitive road freight transport industry.

John Deasy

Question:

365 Mr. Deasy asked the Minister for Transport if his recent announcement regarding the purchase of new rail carriages will ensure a non-stop service from Waterford to Dublin and return which will make it possible to travel from Waterford to Dublin in approximately an hour and a half; and if he will make a statement on the matter. [3768/05]

I have been informed by Iarnród Éireann that it is planning to utilise the recently ordered 120 InterCity railcars to provide a much-improved service on all InterCity routes, including the Waterford line, when these trains are delivered in 2007. Its proposals include the provision of a two-hourly each-way service between Dublin and Waterford. The total number of daily services will increase from the current level of five to seven, with all services being operated by the new rolling stock.

Iarnród Éireann has statutory responsibility for the operation of rail services and it is a matter for the company to decide on the scheduling and timetabling of Waterford-Dublin services. However, I understand that Iarnród Éireann is looking at the possibility of introducing a direct Waterford-Dublin service following the introduction of the new rolling stock.

Toll Charges.

Charlie O'Connor

Question:

366 Mr. O’Connor asked the Minister for Transport if legislation is to be introduced to deal with the issues preventing the control of toll charges at the West Link Bridge; and if he will make a statement on the matter. [3770/05]

The statutory power to levy tolls on national roads, to make toll by-laws specifying toll charges, and to enter into toll agreements with private investors is vested in the National Roads Authority, NRA, under Part V of the Roads Act 1993, as amended by the Planning and Development Act 2000.

Departmental Advertising.

Róisín Shortall

Question:

367 Ms Shortall asked the Minister for Transport if he will report on the number of “Go Metric” newspaper inserts which were produced in the recent public information campaigns; the cost of producing same; the publications in which these inserts were carried and the dates of same; the number which were distributed as inserts; if there were instances of newspapers unable to carry these inserts; if costs accrued to the State for these; and if he will make a statement on the matter. [3771/05]

The metrication changeover board oversaw the implementation of the changeover to metric speed limits on 20 January 2005. Major elements of the overall programme to support the changeover to metric speed limits were the public information and public relations campaigns undertaken on behalf of the metrication changeover board by the National Safety Council. The overall cost of those elements of the programme was €2.5 million.

A significant part of the public information campaign featured the production of some 5,322,000 "Go Metric" information leaflets. Of that number, a total of 2,592,409 were distributed as newspaper inserts. The remainder were either distributed by post to all households in the State or made available through Garda stations, libraries, petrol stations, NCT centres and other outlets.

The total cost for distribution of the information leaflets as newspaper inserts was €178,298. The following table details the publications in which these inserts were carried, the numbers distributed through each title and the dates on which the inserts were carried. There were three instances in which newspapers were unable to carry the leaflets as inserts. No costs were incurred where newspapers failed to carry the inserts and alternative arrangements were made for distribution. In one instance, a free display advertisement was given where the insert was rejected after the newspaper had initially agreed to carry it.

Press Inserts — Titles and Circulation

Title

Distribution

Insertion Date

Sundays

Ireland on Sunday

151,899

16 January

Sunday Star

60,000

16 January

News of the World

195,000

16 January

Sunday Business Post

72,000

16 January

Sunday Independent

300,000

9 January

Sunday Mirror

60,000

16 January

Sunday People

70,000

16 January

Sunday Tribune

87,000

January

Sunday World

206,010,

January

Sunday Times

120,000

16 January

Total

1,321,909

Dailies

Daily Star

120, 000

week commencing 10 January

The Irish Sun

154, 000

week commencing 10 January

Irish Examiner

80,000

week commencing 10 January

Total

354,000

Others

Irish Farmers Journal

85,000

week commencing 10 January

Foinse (Irish Language)

5,500

22 January

La (Irish Language)

10,000

week commencing 10 January

RTE Guide

135,000

week commencing 10 January

Total

235,500

Weekly Press

Anglo Celt

18,000

week commencing 10 January

Connaught Telegraph

15,000

week commencing 10 January

Corkman

10,000

week commencing 10 January

Donegal Democrat

19,000

week commencing 10 January

Donegal People’s Press

15,000

week commencing 10 January

Drogheda Independent

18,500

week commencing 10 January

Dundalk Argus

13,500

week commencing 10 January

Dundalk Democrat

10,500

week commencing 10 January

Kerryman

32,000

week commencing 10 January

Kilkenny People

19,500

week commencing 10 January

Leitrim Observer

10,000

week commencing 10 January

Longford Leader

14,000

week commencing 10 January

Longford News

9,000

week commencing 10 January

Lucan & Blanch Gazette

13,000

week commencing 10 January

Mayo News

10,500

week commencing 10 January

Munster Express

16,000

week commencing 10 January

Nationalist & Leinster Times

19,000

week commencing 10 January

Nationalist Clonmel

18,000

week commencing 10 January

Nenagh Guardian

9,500

week commencing 10 January

Northern Standard

14,500

week commencing 10 January

People Group

60,000

week commencing 10 January

Roscommon Champion

9,000

week commencing 10 January

Tipperary Star

13,000

week commencing 10 January

Tuam Herald

11,000

week commencing 10 January

Westmeath Examiner

13,000

week commencing 10 January

Carlow Nationalist

13,000

week commencing 10 January

Kildare Nationalist

9,000

week commencing 10 January

Laois Nationalist

5,500

week commencing 10 January

Waterford News and Star

17,000

week commencing 10 January

Western People

22,500

week commencing 10 January

The Kingdom

17,000

week commencing 10 January

Sligo Weekender

9,500

week commencing 10 January

Total

504,000

Weekly Free Press

Inside Cork

20,000

week commencing 10 January

Kildare Times (Nth/Sth)

35,000,

week commencing 10 January

Limerick Post

44,000

week commencing 10 January

Northside People (East)

week commencing 10 January

Northside People (West)

week commencing 10 January

Southside People

29,000

week commencing 10 January

Waterford Today

16,000

week commencing 10 January

Local News

33, 000

week commencing 10 January

Total

177,000

Speed Limits.

Michael Lowry

Question:

368 Mr. Lowry asked the Minister for Transport if his attention has been drawn to correspondence (details supplied); his views on the project proposed; if he will consider facilitating the project and providing the necessary funds; and if he will make a statement on the matter. [3827/05]

The working group that carried out a review of speed limit structures and policies in 2003 noted in its report of September 2003 that particular road safety issues may arise at school locations at certain times during school term time. The group recognised that these concerns could not be addressed through the speed limit policies that were available for deployment at that time. The group recommended that a regime to allow for the application of special speed limits to be applied at critical times when children are entering or leaving school where there is a recognised safety risk should be considered.

The group also expressed the view that the application of special speed limits might lead to the deployment of a 30 km/h speed limit at selected locations but cautioned that great care must be exercised with the deployment of that speed limit, especially on roads in rural areas, as the application of such a low speed threshold over a short stretch of road could of itself compromise safety.

The Road Traffic Act 2004 responds to those recommendations by the inclusion of provisions that allow both for the deployment of special speed limits of 30 km/h and the use of speed limits for particular periods. The Road Traffic Act 2004 also provides that the Minister for Transport may issue guidelines to county and city councils in respect of the making of speed limit by-laws. The use of the 30 km/h speed limit must be in accordance with provisions in such guidelines. A consultation process involving county and city councils generally in regard to draft guidelines is being pursued in advance of their completion.

It is a matter for county and city councils to decide whether to apply such speed limit arrangements in their areas through the inclusion of appropriate provisions in speed limit by-laws made for the purpose of applying special speed limits generally. The councils must consult with the Garda Commissioner and with minor local authorities in their administrative area in regard to special speed limit proposals and, in the case of national roads, must obtain the consent of the National Roads Authority.

Road Safety.

Cecilia Keaveney

Question:

369 Cecilia Keaveney asked the Minister for Transport if there has been an improvement in the level of seat belt usage from the figures given for the period 1996 to 2000 which revealed that 77% of child fatalities were found not to be wearing a seat belt; and his views on the fact that 79% of child rear seat passengers were not strapped in. [3828/05]

Official statistics relating to seat belt wearing, including occupants of cars involved in fatal and injury accidents, are published by the National Road Authority. The NRA accident data in regard to occupants of cars involved in fatal and injury accidents by seat belt usage relates to drivers and front seat passengers only. The data in respect of child passengers is not separately identified.

The most recent report for seat belt usage relates to surveys carried out in 2003 by the NRA. The report shows that the overall usage rate, driver and front passenger, was 85% in 2003, which compares to 72% in 2002 and 52% in 1991. The 2003 surveys were the first time that the wearing of seat belts by children was specifically measured. The report also covers the seat belt wearing habits of schoolgoers. It found that front seat belt usage rates averaged 68% for primary-going school children and 62% for secondary school goers. The figures for rear seat belt usage by primary and secondary school goers was 48% and 44% respectively. This 2003 data will provide a useful baseline to measure the effectiveness of a number of initiatives designed to increase seat belt usage.

Seat belt usage has been identified as a key item in the road safety strategy for 2004 to 2006 with target levels of 90% for front seat belt wearing and 60% for rear seat belts to be achieved by 2006. The recently published National Safety Council guide on child safety in cars, which provides vital information to parents and all those charged with the responsibility of transporting children on all aspects of safety systems for children, should make a useful contribution in bringing about higher levels of usage of child safety restraint systems.

Road Network.

Olivia Mitchell

Question:

370 Ms O. Mitchell asked the Minister for Transport the cost, as given in the Atkins report, of adjusting the backfill in the port tunnel in order to give a 4.9 m clearance for trucks. [3829/05]

The cost of options outlined in the Atkins report to achieve a 4.9 m operational height ranged from €59 million to €111 million. The full Atkins report is available on my Department's website at www.transport.ie.

Question No. 371 answered with QuestionNo. 359.

Public Transport.

Eamon Gilmore

Question:

372 Mr. Gilmore asked the Minister for Transport if he has received any request from Bus Átha Cliath for approval or for funding for additional buses to serve the rapidly developing areas around Kiltiernan, Stepaside and Sandyford, County Dublin, especially those housing estates which are located off the Enniskerry Road; if he will report on his response to the request; and if he will make a statement on the matter. [3831/05]

The day-to-day timetabling, scheduling of services and the deployment of its fleet is the statutory responsibility of Dublin Bus. I understand the management of Dublin Bus is currently examining ways of maximising the utilisation of the existing bus fleet in light of the significant investment made to date under the national development plan and the ongoing changes in demand patterns for Dublin.

It would be premature to make any decisions on investment in additional capacity until my Department is satisfied that existing resources are being utilised in the most efficient and effective manner.

Road Safety.

Cecilia Keaveney

Question:

373 Cecilia Keaveney asked the Minister for Transport if he has any role in regard to road safety and the development of policy for same; the need for the introduction of a mandatory code to ensure that all traffic islands located on roads have reflective strips attached as well as regularly checked lights; and if he will make a statement on the need for legislation or regulation on this matter. [3998/05]

As Minister for Transport, my remit includes responsibility for road safety policy. My Department recently published the road safety strategy for 2004 to 2006 which outlines a range of road safety measures that will be pursued over the period in question.

In overall terms, measures will focus on the areas of education, enforcement, engineering and legislation and will target the key areas of speeding, driving while intoxicated and seat-belt wearing. The strategy was developed by the high-level group on road safety which is chaired by my Department and comprises representatives of all the road safety agencies and Departments. The agencies and Departments represented on the high-level group on road safety are responsible for implementing specific measures in the strategy which are within the remit of each organisation.

Responsibility for traffic management, including the provision and maintenance of traffic islands on the public road network, is a matter for the road authorities. Guidelines regarding lighting and signing of traffic islands are contained in the traffic management guidelines issued in May 2003 jointly by my Department, the Department of the Environment, Heritage and Local Government and the Dublin Transportation Office.

I understand from the NRA that in late 2004 it awarded two contracts for the maintenance of traffic calming installations on national roads. As part of these contracts, all traffic calming islands will be routinely cleaned. Kerbs facing traffic will be painted with reflective black and yellow paint. Bulbs will be checked in lighting columns and bollards and will be replaced where necessary. In addition to this, there is a facility for local authorities to call out the contractor who covers their area if repairs are needed between the routine visits.

My Department is carrying out a review of the traffic signs manual in conjunction with the NRA and the Department of the Environment, Heritage and Local Government. The current signing of traffic islands on national and non-national roads will be considered in the course of this review. Copies of the guidelines and manual to which I have referred are available in the Oireachtas Library. It would be premature to make any decisions on investment in additional capacity until my Department is satisfied that existing resources are being utilised in the most efficient and effective manner.

Public Transport.

Paul McGrath

Question:

374 Mr. P. McGrath asked the Minister for Transport the list of applications currently on file with the Department for a new bus route licence in Dublin; the details of the operator, the route, the date of application, the decision and the length of time taken to come to a decision in each case of application; and if he will make a statement on the matter. [4011/05]

The Road Transport Act 1932 provides the legislative basis for entry to the public transport market by private bus operators. In accordance with this legislation, private bus operators apply to my Department for passenger licences to operate coach and bus services within the State. However, to protect the commercial interests of applicants for licences, their names and routes sought remain confidential until a decision is made.

Under section 24 of the Transport Act 1958, Dublin Bus is not required to hold a licence under the Road Transport Act 1932. However, Dublin Bus is required by ministerial direction to make notifications to my Department of proposed new services or proposed changes to existing services, at least four weeks prior to their introduction.

My Department has on hand two applications from private bus operators for new bus routes in the Dublin area. These were received on 10 June 2004 and 21 December 2004, respectively. There are also on hand three notifications from Dublin Bus for new bus routes. Two were received on 21 December 2004 and one was received on 25 January 2005. The applications and notifications indicated above are being processed by my Department.

Decentralisation Programme.

Billy Timmins

Question:

375 Mr. Timmins asked the Minister for Transport the number of personnel who on applying for promotion in his Department since January 2004, have been required to sign an agreement that they are willing to decentralise; how many of them refused to sign the agreement; if this impacted on their promotion or otherwise; and if he will make a statement on the matter. [4073/05]

As there have been no promotions in my Department since January 2004 that would have necessitated the signing of such an agreement, this issue does not arise.

Inland Waterways.

Paul McGrath

Question:

376 Mr. P. McGrath asked the Minister for Community, Rural and Gaeltacht Affairs the moneys allocated for the necessary works to make the Royal Canal navigable through County Longford; and the expenditure on this project in Longford for each of the past five years. [3492/05]

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 the allocation for the restoration of the Royal Canal under the National Development Plan 2000 — 2006 was IR£12 million, €15.3 million, in 1999 terms.

For the year 2005, €3.42 million has been allocated for the restoration of the Royal Canal and it is envisaged by Waterways Ireland that €2.99 million will be spent on projects in County Longford. Expenditure in the past five years on this project in County Longford was as follows:

Year

Spend

2000

836,526

2001

1,839,682

2002

2,449,328

2003

595,119

2004

1,545,307

Anti-Poverty Strategy.

Seamus Healy

Question:

377 Mr. Healy asked the Minister for Community, Rural and Gaeltacht Affairs if the community workers co-operative will be able to continue its important work addressing the causes of poverty, inequality and injustice in society by restoring its funding through the national anti-poverty programme; and if he will make a statement on the matter. [3550/05]

John Deasy

Question:

378 Mr. Deasy asked the Minister for Community, Rural and Gaeltacht Affairs if funding has been withdrawn from the community workers co-operative in view of the key support it gives to local groups to combat poverty in the community; if he will reconsider this decision; and if he will make a statement on the matter. [3783/05]

I propose to take Questions Nos. 377 and 378 together.

I refer the Deputies to my reply to Questions Nos. 216 to 224, inclusive, 226 and 227 of 1 February 2005.

Security of the Elderly.

Mary Upton

Question:

379 Dr. Upton asked the Minister for Community, Rural and Gaeltacht Affairs if he will comment on his decision to limit the amount awarded per group applying under the scheme of community support for older people to €30,000; what measures he proposes to take to provide security measures to applicants who cannot be assisted by groups, following this limit on funding; and if he will make a statement on the matter. [3784/05]

Following a review of the scheme of community support for older people in 2004 the maximum funding available to any individual participant voluntary organisation was set at €30,000. In previous years a small number of organisations received sums in excess of €30,000; however, the vast majority of applicants were small community-based voluntary groups which received average amounts of less than €10,000.

The purpose of this change is to refocus the scheme on community groups and to redirect resources towards smaller groups, which have direct personal links with older people in their area, and who are therefore better placed to understand and appreciate their needs. This change has no implications for the overall funding available for the scheme.

Analysis of the grants awarded under the 2004 scheme shows that less than 5% of groups were approved for the maximum grant of €30,000. The average amount awarded to groups was less than €6,000. This would indicate that co-operation between groups in the same area could overcome difficulties presented by the €30,000 limit. For the 2005 scheme, my Department will be encouraging groups to take advantage of this flexibility. A list of organisations funded under the scheme in 2004 is available on the Department's website at www.pobail.ie or by contacting the Department directly. Individuals seeking assistance under the scheme should contact one of these groups to make an application on their behalf.

Anti-Poverty Strategy.

Tony Gregory

Question:

380 Mr. Gregory asked the Minister for Community, Rural and Gaeltacht Affairs further to Parliamentary Question No. 220 of 1 February 2005, if the Government White Paper, Supporting Voluntary Activity, confirmed that the community workers co-operative meets the criteria of the anti-poverty networks programme; if there are now new criteria involved; if the anti-poverty networks were informed of any change in criteria; if there has been an assessment process regarding the eligibility or otherwise of the CWC for the anti-poverty networks programme; and the provision which has been made for core funding for the peace project. [3835/05]

I refer the Deputy to my reply to Question No. 220 and others of 1 February 2005 on this matter and to my response to the Adjournment Debate on this matter on 26 January 2005.

The decision to discontinue funding of the community workers co-operative was taken in a context where I have been progressively concentrating the focus of my Department's resources directly on communities experiencing disadvantage and isolation. As I indicated in the Adjournment Debate, my view is that the CWC differs from the other groups funded under the national anti-poverty networks in that those other groups, in the main, deal with specific target groups. The other nine anti-poverty networks, which will continue to receive funding, have a specific focus on Travellers, unemployment, refugees, rural poverty, lone parents, older people and disabled people. I believe that the CWC is the voice of community workers rather than of disadvantaged communities and that it overlaps with the functions of other networks. As such it fails to meet a number of the key criteria suggested by the White Paper on supporting voluntary activity.

I also advised the Deputy that funding of the CWC projects in the amount of €358,413 under the peace programme is not affected by this decision.

Departmental Correspondence.

Willie Penrose

Question:

381 Mr. Penrose asked the Minister for Community, Rural and Gaeltacht Affairs if he received correspondence from a person (details supplied); if, in respect thereof, a resolution can be achieved; and if he will make a statement on the matter. [3836/05]

Documentation necessary to enable the matter to be progressed is required from the person and is still awaited. The matter is under consideration by the office of the Ombudsman.

Inland Waterways.

John McGuinness

Question:

382 Mr. McGuinness asked the Minister for Community, Rural and Gaeltacht Affairs if funds are available for the construction of a lock at Inistioge, County Kilkenny; if Waterways Ireland will consider such a project; and if he will make a statement on the matter. [3837/05]

As the Deputy will be aware, Waterways Ireland — one of the six North-South implementation bodies — was established under the British-Irish Agreement Act 1999. The body has responsibility for the management, maintenance and development, principally for recreational purposes, of the Shannon, the Shannon-Erne Waterway, the Royal and Grand Canals, and the Barrow navigation in the South and the River Bann and Lough Erne in the North. As Waterways Ireland has no responsibility for the River Nore, it is not in a position to consider a request for the construction of a lock at Inistioge.

Decentralisation Programme.

Billy Timmins

Question:

383 Mr. Timmins asked the Minister for Community, Rural and Gaeltacht Affairs the number of personnel who on applying for promotion in his Department since January 2004, have been required to sign an agreement that they are willing to decentralise; how many of them refused to sign the agreement; if this impacted on their promotion or otherwise; and if he will make a statement on the matter. [4074/05]

As the Deputy is aware my Department has offices both in Dublin and in a decentralised location in Na Forbacha in Galway, and will decentralise to Knock Airport under the decentralisation programme.

No persons in my Department have been required to sign, on applying for internal promotion, an agreement that they are willing to decentralise. The other questions raised by the Deputy do not, therefore, arise. Only one internal promotion was made early in 2004 in my Department's Dublin office and the candidates applying for that position were not required to sign up for decentralisation as the vacancy arose before the announcement of decentralisation. Subsequent internal promotions in 2004 were all in Na Forbacha offices.

For the sake of completeness, I should add that four officers have accepted appointments to my Department's Dublin office on the understanding that they are willing to decentralise. These appointments are as a result of either open or interdepartmental competitions.

Grant Payments.

Jimmy Deenihan

Question:

384 Mr. Deenihan asked the Minister for Agriculture and Food when a decision will be made on the application by a person (details supplied) in County Kerry to be accepted as a force majeure case; and if she will make a statement on the matter. [3382/05]

The person named applied for consideration of force majeure or exceptional circumstances on 21 January 2004 on the grounds of an outbreak of TB and brucellosis during the reference period. Having fully examined the circumstances outlined by the person named, my Department is satisfied that force majuere circumstances should apply in this case. The year 2000 will be excluded and the years 2001 and 2002 only, will be used in the calculation of the provisional single payment entitlements in this case. The person named was notified of this decision on 31 January 2005.

Proposed Legislation.

John Perry

Question:

385 Mr. Perry asked the Minister for Agriculture and Food if, with regard to the Veterinary Practice Bill 2004, she has accepted the recommendations from Veterinary Ireland, with particular reference to definition of emergency, membership of veterinary council, limited registration, definition of the practice of veterinary medicine, non-registered persons, education committee, fitness to practice, veterinary nurses and veterinary premises; the steps she has in place to address these issues; and if she will make a statement on the matter. [3420/05]

I presented the Veterinary Practice Bill 2004 to Seanad Éireann on 27 October 2004. The Second Stage of the Bill was taken in the Seanad on 4 November 2004 during which Senators made a number of useful contributions. I am reflecting on a number of amendments suggested by Senators and on recommendations made to me by interested parties including those from Veterinary Ireland. It is my intention to introduce a number of amendments to the Bill during the forthcoming Committee Stage discussions in the Seanad.

Farm Retirement Scheme.

Paudge Connolly

Question:

386 Mr. Connolly asked the Minister for Agriculture and Food if she proposes to review the farm retirement scheme with a view to resolving and correcting its inconsistencies; and if she will make a statement on the matter. [3437/05]

My Department is currently completing a review of the scheme of early retirement from farming under the expenditure review process established by the Department of Finance in 1997 in the context of the strategic management initiative. The review, when completed, will be laid before the House. The purpose of the review is to analyse systematically whether the scheme is meeting its objectives and inform future decisions regarding priorities on expenditure programmes.

Registration of Title.

Beverley Flynn

Question:

387 Ms Cooper-Flynn asked the Minister for Agriculture and Food the reason a person (details supplied) in County Mayo is unable to register his interest in a commonage. [3476/05]

My Department has no function in this matter. Matters relating to the registration of title are dealt with by the Land Registry.

Farm Retirement Scheme.

Paul McGrath

Question:

388 Mr. P. McGrath asked the Minister for Agriculture and Food the number of retired farmers in County Longford who were in receipt of the early farm retirement scheme for each of the past five years. [3477/05]

Details of the number of participants from County Longford in the scheme of early retirement from farming, ERS1, which closed to new applicants on 31 December 1999, and the current scheme, ERS2, introduced in November 2000, for each of the past five years is set out in the following table.

Year ended

No. of participants in payment ERS1

No. of participants in payment ERS2

31 December 2000

119

0

31 December 2001

111

6

31 December 2002

106

13

31 December 2003

94

25

31 December 2004

85

29

Grant Payments.

Pat Breen

Question:

389 Mr. P. Breen asked the Minister for Agriculture and Food if she will assist young full time farmers who have taken over land from relatives in cases in which there are few entitlements on the farm and who cannot avail of the national reserve for the first time entitlements; and if she will make a statement on the matter. [3478/05]

A young farmer who has commenced farming, having inherited land, will automatically inherit any entitlements established for the farmer from whom the land was inherited. If the young farmer commenced farming in 2001 or 2002 he or she may apply to be treated as a new entrant, during the reference years, in which case his or her own entitlements would be based on one or two years rather than on the three-year average as is normally the case. In such circumstances, the farmer will receive either the inherited entitlements or those based on the new entrant calculation, whichever is more beneficial to him or her.

Where a young farmer commenced a farming activity after the reference period of 2000 to 2002 using land that is leased in, he or she also has the option of leasing in before 16 May 2005 any entitlements established for the farmer from whom the land is leased.

EU regulations provide that member states may provide payment entitlements from the national reserve to young farmers who commenced farming after 31 December 2002 or who, while farming in 2002 did not receive any direct payments in that year. In other words young farmers may be included as a non-mandatory category in the national reserve and the member state is entitled to use objective criteria such as income, farming qualifications etc. in determining eligibility. The single payment advisory committee, comprising representatives of the farming organisations and Teagasc recommended that Ireland cater for this category in the 2005 national reserve. I have accepted this recommendation and have made provisions to include a special category, category D in the reserve for farmers who commenced their farming activities after 31 December 2002 or during 2002 without having received a direct payment in that year.

Young farmers who benefited from the new entrant measures during the reference period or who inherited entitlements may also be eligible, in certain circumstances, for an allocation of entitlements from the reserve by way of a top-up of existing entitlements under the investment category, category B, provided they had made a qualifying investment by 19 October 2003.

Milk Quota.

Enda Kenny

Question:

390 Mr. Kenny asked the Minister for Agriculture and Food if a person (details supplied) in County Mayo is entitled to extra milk quota from the national reserve; and if she will make a statement on the matter. [3504/05]

Allocations of milk quota from the milk quota national reserve are granted on the basis of recommendations from the milk quota appeals tribunal. The tribunal was established to consider and advise on applications for additional quota from individual producers who have suffered severe hardship in the context of the milk quota system.

The named person has submitted an application for additional quota on the grounds of hardship in the current 2004-05 milk quota year. The tribunal examined this application at a recent meeting and an allocation of additional quota was recommended. This allocation has now been approved and notification is being issued to the person and his co-operative.

Dan Neville

Question:

391 Mr. Neville asked the Minister for Agriculture and Food if a 10,000-gallon milk quota applied for under the hardship clause will be made available to a person (details supplied) in County Limerick. [3505/05]

Allocations of milk quota from the milk quota national reserve are granted on the basis of recommendations from the milk quota appeals tribunal. The tribunal was established to consider and advise on applications for additional quota from individual producers who have suffered severe hardship in the context of the milk quota system.

The husband of the named person has submitted an application for additional quota on the grounds of hardship in the current 2004-05 milk quota year. The tribunal will endeavour to examine all applications before the end of the quota year. All applicants will be notified of the outcome as soon as their case has been considered.

Farm Retirement Scheme.

Pat Breen

Question:

392 Mr. P. Breen asked the Minister for Agriculture and Food the reason the early retirement pension of a person (details supplied) in County Clare has been reduced; and if she will make a statement on the matter. [3506/05]

The person named is a participant in the 2000 early retirement scheme introduced under EU Council Regulation 1257/1999, which she entered in joint management with her husband. It is a requirement of this Council regulation that any national retirement pension to which a scheme participant — and his or her spouse or partner in a joint management arrangement — becomes entitled must be deducted from the early retirement pension.

The husband of the person named was awarded a contributory old age pension with effect from 18 June 2004. In accordance with the requirements of the scheme and the governing regulation, therefore, the amount of his old age pension must be deducted from his wife's early retirement pension.

Transportation of Animals.

Enda Kenny

Question:

393 Mr. Kenny asked the Minister for Agriculture and Food if she will report on the terms of the EU Council Regulation (EC) No. 1/2005; if the need for certificates of competence for drivers and attendants, and certificates of approval for vehicles applies only to transport in excess of eight hours and journeys above 65 kilometres; and if she will make a statement on the matter. [3545/05]

Most of the provisions of Council Regulation (EC) No 1/2005 will not come into effect until 5 January 2007, with a small number of other provisions only having effect from 1 January 2008 and 1 January 2009. The Council regulation, when it comes into force, is designed to improve the welfare of animals during transport both within member states and throughout the European Union and follows intense negotiations at both the official and political levels over the past 18 months.

The main provisions of this regulation do not apply to the transport by farmers of their own animals using their own vehicles for distances up to 50 km. Several other provisions do not apply to persons transporting animals for distances up to 65 km. In addition, the more detailed requirements relating to certificates of competence for drivers and attendants and certificates of approval of vehicles apply to transport in excess of eight hours. My Department is considering the arrangements and requirements for the operation of the new regime for the transport of animals both at home and to our European markets from 2007 onwards. It is my intention to consult all relevant parties on the most effective way to implement the regulation.

Milk Quota.

John Perry

Question:

394 Mr. Perry asked the Minister for Agriculture and Food if assistance will be given to a person (details supplied) in his appeal for milk quota on hardship grounds. [3649/05]

Allocations of milk quota from the national reserve are granted on the basis of recommendations from the milk quota appeals tribunal. The tribunal was established to consider and advise on applications for additional quota from individual producers who have suffered severe hardship in the context of the milk quota system.

The person named submitted an application for additional quota on the grounds of hardship in the current 2004-05 milk quota year. The tribunal examined his application recently and having done so, did not recommend making an allocation on that occasion. Notification of this outcome is being issued to the person and his co-operative. While every application to the tribunal is treated in a fair and sympathetic manner, it has not been possible, within the constraints of the limited amount of quota available and the sizeable number of applications received, to meet the demands for quota from all applicants.

Grant Payments.

John Perry

Question:

395 Mr. Perry asked the Minister for Agriculture and Food the position on the single payments scheme appeal of a person (details supplied). [3655/05]

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 (EC) No. 1782/2003, submitted an appeal to the independent single payment appeals committee.

Following a full examination of the circumstances outlined in the appeal, the independent single payment appeals committee made a recommendation and a letter issued to the person named on 8 November 2004. The findings of the appeals committee were that the original decision taken by my Department should be upheld on the grounds that the circumstances outlined occurred a significant number of years prior to the reference period. On 24 November 2004 the person named requested that the decision taken in his case be re-examined. My Department is undertaking this review and a response will issue shortly to the person named.

Farm Retirement Scheme.

John Perry

Question:

396 Mr. Perry asked the Minister for Agriculture and Food the position in relation to the early retirement scheme of a person (details supplied) in County Sligo; and if she will make a statement on the matter. [3656/05]

The person in question joined the scheme of early retirement from farming in March 1995 and received payment until his 70th birthday on 20 June 2003, when his participation in the scheme ended. A pension cannot be paid beyond a participant's 70th birthday.

The mid-term review of the Common Agricultural Policy has implications for farmers involved in the early retirement scheme. The new single payment scheme introduced in Ireland from 1 January 2005 applies to farmers who actively farmed during the reference years of 2000, 2001 and 2002, who were paid livestock premia or arable aid in one or more of the reference years and who will continue to farm in 2005. Farmers such as the person named, who joined the 1994 early retirement scheme, did not farm during the reference period and cannot establish entitlements under the single payment scheme. If they transferred their holdings by lease, the transferees were actively farming during the reference years and will have entitlements established for them. Entitlements relate to the farmer who was actively farming during the reference period and not to the land.

During negotiations with the European Commission on the single payment scheme, Ireland secured agreement to an arrangement that will benefit family members or others who take over holdings that were farmed by third parties who leased them during the reference period. Farmers who take over such holdings, by transfer free of charge or by a lease of five or more years at a nominal amount, may apply to the national reserve for payment entitlements under the single payment scheme.

Grant Payments.

Dan Neville

Question:

397 Mr. Neville asked the Minister for Agriculture and Food the outcome of an appeal against the decision not to grant force majeure exceptional circumstances in relation to the single payment scheme to a person (details supplied) in County Limerick. [3772/05]

The person in question has 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 (EC) No. 1782/2003. Following this decision, the person submitted an appeal to the independent single payment appeals committee. A full review of the circumstances of the case will be carried out by the committee and the person will be notified shortly of the outcome.

Live Exports.

Tony Gregory

Question:

398 Mr. Gregory asked the Minister for Agriculture and Food the action she has taken with regard to three Irish livestock export companies that were fined a total of €18,000 in December 2004 for serious breaches of EU animal transport law after failing to give cattle travelling in four livestock vehicles the required number of hours’ rest in France; and if these companies have been suspended from the register of approved transporters. [3774/05]

The Department of Agriculture and Food is investigating the matter referred to by the Deputy. A report about the incident has been requested from the French veterinary authorities. Submissions on behalf of the operators are also being examined. Any action which might be taken in respect of the transporter will be considered after all the circumstances of the case have been established.

Milk Quota.

Ned O'Keeffe

Question:

399 Mr. N. O’Keeffe asked the Minister for Agriculture and Food if an application for a person (details supplied) in County Cork for the transfer of a milk quota will be expedited and approved. [3776/05]

The person in question, who is a participant in the scheme of early retirement from farming, applied under regulation 11(1) of the EC (Milk Quota) Regulations 2000, as amended, for ministerial approval to seek a new lessee of land and milk quota. Approval was granted and a letter to that effect issued to the applicant on 28 January 2005. The approval is subject to the new lessee being approved as an eligible transferee in the early retirement scheme. The person in question was sent a letter, dated 14 January 2005, requesting the documentation required to process her application for the installation of the new lessee in accordance with the requirements of the early retirement scheme. The application can be processed when the documentation has been received.

Farm Retirement Scheme.

Ned O'Keeffe

Question:

400 Mr. N. O’Keeffe asked the Minister for Agriculture and Food the position regarding an application by a person (details supplied) in County Cork for the early retirement pension. [3777/05]

The Department of Agriculture and Food has not received an application from the person in question under the early retirement scheme. On the basis of the information supplied by the Deputy, however, the person is not eligible under the current scheme because she will not reach the minimum age of 55 until November 2007.

Grant Payments.

Gerard Murphy

Question:

401 Mr. Murphy asked the Minister for Agriculture and Food the outstanding payments which will issue to a person (details supplied) in County Cork. [3778/05]

The person in question lodged two applications under the 2004 EU special beef premium scheme, on 7 January 2004 in respect of 14 animals and on 13 December 2004 in respect of 19 animals. The 60% advance payment in respect of the first application issued on 20 October 2004. The 60% advance payments for December applications cannot commence before March 2005, following the expiry of the regulatory two-month retention period. Balancing payments on all applications are scheduled to commence in April.

Afforestation Programme.

Trevor Sargent

Question:

402 Mr. Sargent asked the Minister for Agriculture and Food the number and extent of forestry grant applications approved in the past five years; the percentage of all approved applications this represents; in cases in which the application form states that the site is within an area recorded by the county or district development plans or the inventory of outstanding landscape; and if the information is not readily available, if she will analyse the application forms in order to answer this question. [3779/05]

Trevor Sargent

Question:

403 Mr. Sargent asked the Minister for Agriculture and Food if she has performed any checks to assess the level of accuracy of the forestry grant applications in relation to the question which requires applicants to state whether it is within an area recorded by the county district development plans or the inventory of outstanding landscape; and if he will perform such checks in a representative number of cases. [3780/05]

Trevor Sargent

Question:

404 Mr. Sargent asked the Minister for Agriculture and Food if the forestry grant application form will be altered to ensure that any sites which may impact on a view protected in the relevant county development plan is identified and so avoided. [3781/05]

I propose to take Questions Nos. 402 to 404, inclusive, together.

An examination of records held by the Department of Agriculture and Food indicates that 92,580 hectares, relating to 8,488 applicants, were approved for afforestation grant aid over the past five years. The Department's main recording system relates to planting rather than approvals, many of which are never activated by applicants. Some 65,049 hectares were planted during the past five years, involving 6,630 applicants. This figure represents approximately 40% of the area and the client base in receipt of annual forestry premiums. It amounts to approximately 9% of the entire national forest estate.

Information on the number of cases in which the application form states that the site is within an area recorded by the county or district development plans, or the inventory of outstanding landscape, is not readily available. It is not among the various data fields which are captured on the forestry service's computer system, which is primarily a payment system. The Department is developing a major new IT system, which will allow for more detailed reporting and will extend to the subject of this question.

All applications for grant aid received by the Department are thoroughly examined by the forestry service in respect of the suitability of the proposed afforestation sites. County development plans are taken into account, statutory designations and available landscape datasets. Applications are forwarded to an inspector with direct local knowledge of the area in question for his report. That ensures that the accuracy of all statements made in support of applications is assessed. Any application for planting within a prime scenic area listed in the county development plan or the inventory of outstanding landscapes is automatically submitted for full public consultation.

The forestry service retains professionals in the fields of archaeology, ecology and landscaping to whom applications are referred as required for comments and recommendations. Any application in respect of an area over 2.5 hectares is submitted for public information by way of notice in the local press, while all sites over 25 hectares are specifically referred to the relevant local authority for comment. The Department places great emphasis on the careful evaluation of the environmental implications of any afforestation proposal. Any application that might give rise to environmental concern is dealt with in the context of the extensive consultation process I have described. The redesign of the application form is being examined as part of the project I mentioned.

Sugar Industry.

Michael Lowry

Question:

405 Mr. Lowry asked the Minister for Agriculture and Food her views on the national sugar quota and on the national sugar beet quota; the steps she will take to bring both national quotas under State ownership; and if she will make a statement on the matter. [4057/05]

Each member state has a quota for manufactured sugar under the EU sugar regime. There is no quota for sugar beet and there is no quota at farm level. EU regulations stipulate that the quota must be made available to sugar manufacturing enterprises in the member state. Accordingly, in Ireland the entire sugar quota is processed by Irish Sugar Limited, which is the only sugar manufacturer here. That company places annual contracts with farmers to grow a specific tonnage of sugar beet, sufficient to manufacture the sugar quota. The EU regulations do not provide for the buying and selling of the quota for manufactured sugar. The Commission has raised the possibility of cross-border quota mobility in the context of the proposed reform of the EU sugar regime, but several member states including Ireland are strongly opposed to the idea.

Decentralisation Programme.

Billy Timmins

Question:

406 Mr. Timmins asked the Minister for Agriculture and Food the number of personnel who on applying for promotion in her Department since January 2004, have been required to sign an agreement that they are willing to decentralise; how many of them refused to sign the agreement; if this impacted on their promotion or otherwise; and if she will make a statement on the matter. [4075/05]

The Deputy is aware that the Department of Agriculture and Food is scheduled to be decentralised to Portlaoise in the first phase of the decentralisation programme. Nine officers have accepted promotion on the understanding that they will have to decentralise to Portlaoise. Eight of the officers were appointed from interdepartmental public appointments service panels. I have no information about any officers who refused to accept promotion on the basis of having to decentralise. No officer from our internal promotion panels has yet refused to accept promotion on those terms.

Proposed Legislation.

Bernard J. Durkan

Question:

407 Mr. Durkan asked the Minister for Justice, Equality and Law Reform if he intends introducing privacy rules or legislation in relation to the electronic or print media; and if he will make a statement on the matter. [3980/05]

I am preparing proposals to bring to the Government which will provide for extensive reform of the law concerning defamation, taking into account the work of the Law Reform Commission, the Commission on the Newspaper Industry, the legal advisory group on defamation and the public consultation process I initiated on publication of the group's report.

Most of the responses received during the consultation process addressed the recommendations put forward by the legal advisory group about the establishment of a statutory press council. The recommendation was made on foot of one of the group's more specific terms of reference, which was to consider the nature and extent of statutory intervention that might attach to the establishment of an entity concerned with the regulation of the press. There is some divergence of views on the optimum approach to this matter. The group recommended the establishment of a statutory Government-appointed press council with functions such as the preparation of a press code of conduct and the investigation of complaints about alleged breaches of the code. The report set out in some detail the main features of such a council, including matters pertaining to its operation and structure.

On a number of occasions, I argued that the model examined by the advisory group is not the only or the most obvious model for a press council. My stated preference is for a body composed of persons representative of civic society, with minority representation from media interests including journalists. Appropriate recognition which could bring certain privileges could be conferred by statute on such a press council. I envisage that the central focus of such a council would be a press code of standards supported by and subscribed to by all print media organisations with operations in the State. I envisage that such a code could provide an added protection to citizens from media intrusion and harassment.

Regarding a tort of invasion of privacy, the area is one that already offers potential redress under our law, including the Constitution and the European Convention on Human Rights. I am keeping the law under review in the light of developments in the jurisprudence of our courts and in the European Court of Human Rights.

Ground Rents.

Mary Upton

Question:

408 Dr. Upton asked the Minister for Justice, Equality and Law Reform the proposals he has to simplify the buy-out by tenants of ground rent, in particular as applies to places of business; and if he will make a statement on the matter. [3379/05]

The Deputy is aware that the Landlord and Tenant (Ground Rents) (No. 2) Act 1978 provides for a statutory scheme for the acquisition of the fee simple by the owners of dwelling houses. Part III of the Act provides a special procedure, operated at low cost by the Land Registry, whereby owner occupiers of dwelling houses may acquire readily and relatively inexpensively the fee simple in their property. The Act also contains provision for the determination of applications for the purchase of the fee simple in cases where the consent of all the necessary parties is not forthcoming. In such cases, the registrar of titles determines the application by arbitration.

While Part III of the Landlord and Tenants (Ground Rents) (No. 2) Act 1978 does not apply to business premises, the fee simple in such cases may be acquired by the lessee in accordance with the notice procedure set out in the Landlord and Tenants (Ground Rents) Act 1967. Under this procedure, parties are free to fix a purchase price for the fee simple. The matter may be referred to the county registrar for arbitration in the absence of such an agreement. Under section 7 of the Landlord and Tenant (Amendment) Act 1984, the purchase price determined by arbitration shall be the sum which, in the opinion of the arbitrator, a willing purchaser would give and a willing vendor would take for the fee simple being acquired, having regard to the various factors listed in that section.

Child Care Services.

Paul Connaughton

Question:

409 Mr. Connaughton asked the Minister for Justice, Equality and Law Reform when an ADM grant will be awarded to a playschool (details supplied) in County Galway; and if he will make a statement on the matter. [3428/05]

The Deputy may be aware that the equal opportunities child care programme provides grant assistance towards the staffing costs of community and not-for-profit child care services which have a clear focus on disadvantage. I have been informed by the child care directorate of the Department of Justice, Equality and Law Reform that the group in question has been awarded two separate annual staffing grants of €12,000, totalling €24,000, under the programme to date. The group has submitted an additional application for further funding for another year.

The day-to-day administration of the programme is undertaken by Area Development Management Limited, which has been engaged by the Department of Justice, Equality and Law Reform to conduct, on my behalf, thorough assessments against the programme criteria of all applications for grant assistance. The staffing grant application in question is in the final stages of the assessment process and I expect to make a final decision on it within days. In the interim, it would be premature of me to comment further on the application.

Departmental Strategy Statements.

Jim O'Keeffe

Question:

410 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform asked the Minister for Justice, Equality and Law Reform the details of the extent of the involvement of staff of his Department in compiling, publishing, disseminating or in preparing for the compilation, publishing or dissemination a document entitled Justice, Equality and Law Reform: Implementation and Progress Report November 2004; and if he will make a statement on the matter. [3430/05]

The implementation and progress report of November 2004 was prepared by the programme manager in the Department of Justice, Equality and Law Reform. No other member of staff in the Department was directly involved in compiling the report, which consolidates progress reports in each area of responsibility under my remit as Minister for Justice, Equality and Law Reform. The vast majority of material in the report was already in the public domain. The report was published on the Department's website in the usual manner and is available there for public consultation.

Family Law.

Finian McGrath

Question:

411 Mr. F. McGrath asked the Minister for Justice, Equality and Law Reform his views on the best cost effective method to ensure that fathers pay agreed maintenance payments to the children in divorce cases and on the way to ensure that these payments are made on a regular basis. [3429/05]

The Family Law (Divorce) Act 1996 provides a range of measures to ensure that proper provision is made for the maintenance of spouses and any dependent children of the family. The Act encourages couples to think in terms of agreeing the key elements of their divorce in advance of any court proceedings. The court may order the attachment of earnings at the same time as it makes a maintenance order. It may specify that the payments should be secured by reference to a particular asset, for example. It may make an order for the payment of lump sum maintenance which can be paid in instalments which are themselves secured.

If a spouse defaults in making agreed payments of maintenance or payments ordered by the court, the court has at its disposal a system of enforcement of payments. The court can make an attachment of earnings order and, ultimately, committal for refusal to obey a court order to pay, the means having been assessed by the court. District Court clerks are empowered, using a special mechanism contained in maintenance cases generally, to prosecute a case for arrears of maintenance. The Legal Aid Board makes the services of solicitors and, where necessary, barristers available to persons of modest means seeking redress in civil law, including family law cases.

Registration of Title.

Michael Ring

Question:

412 Mr. Ring asked the Minister for Justice, Equality and Law Reform if the Land Registry office will expedite the applications on a folio for persons (details supplied) in County Mayo. [3444/05]

I have been informed by the registrar of titles that an application for subdivision in this case was lodged on 13 December 2004, dealing number D2004SM011130M refers. I have been further informed that a query issued to the lodging solicitor on 7 February 2005 and that the application cannot proceed until the query has been satisfactorily resolved. I assure the Deputy that the matter will receive further attention in the Land Registry on receipt of a satisfactory reply.

Michael Ring

Question:

413 Mr. Ring asked the Minister for Justice, Equality and Law Reform if the Land Registry office will expedite a dealing for a person (details supplied) in County Mayo. [3445/05]

I have been informed by the registrar of titles that there is no record of an application pending on the folio in question at present. If the Deputy can provide me with the date of lodgment of the application and a Land Registry application number, I will make further inquiries on his behalf.

Prisons Building Programme.

Finian McGrath

Question:

414 Mr. F. McGrath asked the Minister for Justice, Equality and Law Reform if he will give an update on the plans to build a prison in the north Dublin area. [3446/05]

Jim O'Keeffe

Question:

446 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform the nature and extent of the advice given to him and to the committee engaged in the selection of the new site for the relocation of Mountjoy Prison; and if he will make a statement on the matter. [4026/05]

Jim O'Keeffe

Question:

447 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform the level of consultation which the expert committee or his Department had with the community in the Thorntown area of County Dublin; and if he will make a statement on the matter. [4027/05]

Jim O'Keeffe

Question:

448 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform if contracts have been signed on the proposed acquisition of lands at Thorntown, County Dublin; the amount paid to date in respect of a deposit or other outlay; and if he will make a statement on the matter. [4028/05]

I propose to take Questions Nos. 414 and 446 to 448, inclusive, together.

At the start of 2004, I announced my intention to replace the facilities in the Mountjoy Prison complex with a new prison facility on a greenfield site in the greater Dublin area. In February 2004, advertisements were placed in the print media inviting interested persons to put forward potentially suitable sites for consideration. A committee comprising representatives from the Office of Public Works, the Prison Service and the Department of Justice, Equality and Law Reform was subsequently established to review all potential sites and to make recommendations. In addition to its own expertise and experience, the committee benefited from the advice of a property expert from CB Richard Ellis Gunne who supported the committee in an advisory capacity. Professional planning and engineering advice was obtained as appropriate. Details of the process are contained in the reports of the committee available on the website of the Department of Justice, Equality and Law Reform.

The committee recommended the purchase of a particular site. The recommendation was accepted and on 26 January 2005 a contract was signed for the purchase of a 150 acre site at Thornton Hall, The Ward, County Dublin, at a cost of €29.9 million. An initial payment of €2.9 million has been made. While the final plans for the site have not been settled, it will allow a state-of-the-art male adult prison with full facilities to be constructed to replace the crowded and antiquated facilities in Mountjoy. The practice of slopping out, for example, will be brought to an end. The existing Dóchas centre cannot cope with the increase in the number of female prisoners and a new women's facility, of a standard on a par with the Dóchas centre, will be constructed on the site.

The new site opens up a number of possibilities regarding the construction or relocation of other prison facilities, but such options are still being explored. It is intended that the prison facilities on the new site will be developed under a public private partnership approach. When the new facilities are available, the prisoners and facilities will be transferred and the Mountjoy site will become available for redevelopment in that area of the north inner city of Dublin. The facilities on the new site are not expected to be ready before 2008.

There was no consultation with local communities in any of the areas in which potential sites were located prior to the purchase of the land. Following the announcement of the purchase of the site and the proposal for its development, the Prison Service wrote to residents in the immediate vicinity of the site to assure them that "the highest priority will be given to allaying, in so far as possible, the genuine concerns of local residents". The letter was followed up by the Prison Service offering to meet concerned groups. Two such meetings, which were arranged for last week, were postponed at the request of the local representatives. It is hoped that the meetings can be rearranged. In the interim, the Prison Service has forwarded documentation about the site acquisition process to the local community action group.

The director general of the Prison Service, along with other officials, had a preliminary meeting with Fingal County Council to discuss the development of the site. When the planning process is initiated pursuant to part 9 of the Planning and Development Regulations 2001, SI 600 of 2001, formal notice of the proposed development will be given and persons and bodies will have an opportunity to make submissions or observations on the proposed development.

Visa Applications.

Caoimhghín Ó Caoláin

Question:

415 Caoimhghín Ó Caoláin asked the Minister for Justice, Equality and Law Reform the reason for the denials of work visas to persons (details supplied); the conditions of the visa which these persons may fail to observe; and the reason they may do so. [3449/05]

The visa applications referred to by the Deputy were refused on 23 November 2004. The applicants have been notified in writing by the Department of Justice, Equality and Law Reform of the reasons for the refusal; namely, that the visa officer was unable to conclude that the applicants would observe the conditions of the visa and that insufficient supporting documentation was supplied.

In assessing any visa application, the visa officer considers various matters, including whether it is reasonable in the circumstances to conclude that the applicant will fully honour the conditions of the visa. The officer considers whether it is unlikely that the applicant will overstay the length of time applied for. In all cases, the onus is on the applicant to demonstrate to the satisfaction of the officer that he or she will observe the conditions of any visa issued to him or her. The applications in question were refused because the officer could not reasonably be satisfied, on the basis of the documentation supplied to the Department, that the applicants would observe the conditions of the visa. The officer examining the applications determined that the level of documentation supplied was insufficient to warrant the granting of the visas applied for. Specifically, details of the applicants' previous employers and certificates of their qualifications were not provided.

An appeal was received in respect of both applications on 4 January 2005. The appeals officer was unable to conclude, based on the additional documentation supplied, that the initial decision to refuse the visas should be overturned.

Garda Investigations.

Gay Mitchell

Question:

416 Mr. G. Mitchell asked the Minister for Justice, Equality and Law Reform if gardaí are actively investigating slashing of tyres of cars belonging to two persons (details supplied) in Dublin 12. [3450/05]

I have been informed by the Garda authorities that the Garda Síochána at Kilmainham Garda station is aware of the incident and that an investigation has commenced. I understand that no person has been made amenable at this time.

Garda Strength.

Ruairí Quinn

Question:

417 Mr. Quinn asked the Minister for Justice, Equality and Law Reform the number of gardaí stationed at each Garda station in County Meath; the level of increase in Garda numbers that has taken place at all of these stations since 1995; if he has further plans to increase numbers at these stations; and if he will make a statement on the matter. [3462/05]

Jim O'Keeffe

Question:

453 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform the number of gardaí in County Meath; the number of Garda stations in County Meath; if the construction of new stations or the expansion of existing stations is planned; and if he will make a statement on the matter. [4033/05]

Jim O'Keeffe

Question:

454 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform if he has satisfied himself with the number of gardaí in County Meath in view of the high level of crime; and if he will make a statement on the matter. [4034/05]

I propose to take Questions Nos. 417, 453 and 454 together.

I have been informed by the Garda authorities, who are responsible for the detailed allocation of resources, including personnel, that the personnel strength — all ranks — of each of the 17 Garda stations in County Meath as at 31 January 1997 and 3 February 2005 was as set out in the following table:

Station

1997

2005

Laytown

6

8

Ashbourne

22

40

Dunboyne

14

12

Dunshaughlin

11

10

Kells

31

31

Athboy

4

6

Oldcastle

3

4

Nobber

3

2

Trim

24

26

Crossakeel

2

0

Summerhill

2

2

Enfield

18

15

Ballivor

2

3

Navan

47

46

Duleek

4

4

Slane

3

4

Kilmessan

1

0

The information requested on the personnel strength of each Garda station in County Meath in 1995 is not readily available and can only be obtained by the expenditure of a disproportionate amount of Garda time and resources relative to the information sought. The most up-to-date statistics in this regard refer back as far as 1997.

As regards the number of stations in Meath, all Garda accommodation is continually under review to ensure that it meets the operational requirements of the Garda Síochána. Where it does not meet them, the required refurbishment, or construction, works are completed by the Office of Public Works with all due urgency, and in accordance with overall priorities within the Garda building programme and the availability of financial and other resources.

While county boundaries do not correlate to Garda divisional boundaries, the Garda stations in County Meath form part of the Louth-Meath division. The personnel strength, including all ranks, of the Louth-Meath division as at 3 February 2005 was 532. This compares to a figure of 470 on 31 December 1995 and represents an increase of 62, or 13%, since that date. The allocation of personnel within a division is a matter for the local chief superintendent. I am advised that local Garda management is satisfied that the best possible use is being made of existing resources in County Meath.

On Garda resources generally, I am very pleased that the Government has approved my proposal to increase the strength of the Garda Síochána to 14,000 members on a phased basis, in line with a commitment in An Agreed Programme for Government in this regard. This is a key commitment in the programme for Government, and its implementation will significantly strengthen the operational capacity of the force.

The Commissioner will now draw up plans on how best to distribute and manage these additional resources. In this context, the needs of the Meath district will be fully considered within the context of the needs of Garda divisions throughout the country. Clearly, the additional resources will be targeted at the areas of greatest need, as envisaged in the programme for Government. The programme identifies, in particular, areas with a significant drugs problem and a large number of public order offences, but it will be possible to address other priorities also, such as the need to increase very significantly the number of gardaí allocated to traffic duties as part of the new Garda traffic corps. I have already promised that the additional gardaí will not be put on administrative duties. They will be put directly into frontline, operational, high-visibility policing. They will have a real impact.

Crime Levels.

Ruairí Quinn

Question:

418 Mr. Quinn asked the Minister for Justice, Equality and Law Reform the breakdown of crime figures in respect of robberies, motor offences, serious and violent crimes for County Meath in 2004; the way in which these figures compare with similar figures for 2003; and if he will make a statement on the matter. [3463/05]

I am informed by the Garda authorities that the Garda districts covering County Meath do not have the same administrative boundaries as the county, but that the number of headline offences recorded in the four Garda districts during 2003 and 2004 covering County Meath are as set out in the following table.

*2004

2003

Murder

0

1

Manslaughter

0

0

Rape of a Female

12

11

Rape — Section 4

1

4

Aggravated Sexual Assault

1

0

Aggravated Burglary

4

6

Robbery of an Establishment/institution

37

17

Robbery of Cash/Goods in Transit

2

2

Robbery from the Person

17

14

Other Headline Offences

2,149

1,964

Total Headline Offences

2,223

2,019

*Statistics for 2004 are provisional/operational and liable to change.

I am further informed that the numbers of road traffic proceedings commenced in the Garda division of Louth-Meath was 14,023 in 2003 and 11,097 in 2004. All statistics for 2004 are provisional and liable to change. Road traffic offence proceedings at district level are not readily available and could only be obtained through disproportional expenditure of Garda time and resources.

Censorship Laws.

John Gormley

Question:

419 Mr. Gormley asked the Minister for Justice, Equality and Law Reform if he will report on the laws that govern the sale and distribution of games (details supplied); his views on whether some of these games are extremely violent and unsuitable for children; his plans to limit their distribution; and if he will make a statement on the matter. [3483/05]

The legislation dealing with the sale and/or distribution of video games is the Video Recordings Act 1989. In accordance with this legislation, video games are exempted works for classification purposes unless they fall within the terms specified in paragraphs (a) or (b) of section 3(1) of the Act, which covers the grounds for prohibition of works.

The Republic of Ireland is part of the Pan European Game Information, PEGI, a European-wide rating system with regard to video games. Its website is www.pegi.org. Games are classified by PEGI as being suitable for the following age ratings: three plus, seven plus, 12+, 16+ and 18+.

I am informed by the film censor that it is now normal practice to view games rated as 18+ and, in some cases, 16+ to allow it to form an opinion as to whether such games fall within the terms specified in paragraphs (a) or (b) of section 3(1) of the Video Recordings Act 1989.

I am considering a review of the law in respect of this matter. Any such review will take account of issues surrounding the classification, supply and sale of computer and video games. Any proposals for changes to the legislation that might result from such a review would be brought before the Government and announced in the usual manner.

John Gormley

Question:

420 Mr. Gormley asked the Minister for Justice, Equality and Law Reform the basis on which the film censor allows certain films to be distributed as videos while others can only be viewed in the cinema; if he intends to review this legislation; and if he will make a statement on the matter. [3484/05]

The legislation governing the censorship of films and videos includes the Censorship of Films Act 1923, the Video Recordings Act 1989 and subsequent legislation. This legislation provides for the certification, classification and, in certain circumstances, the prohibition of films and videos.

The decision as to which films are submitted for cinema classification and which films go straight to video is a commercial one and as such is a matter for the distributors concerned. I am considering a review of the law on this matter. Any proposals for changes to the legislation that might result from such a review would be brought before the Government and announced in the usual manner.

Public Order Offences.

Gay Mitchell

Question:

421 Mr. G. Mitchell asked the Minister for Justice, Equality and Law Reform, further to Parliamentary Question No. 277 of 6 October 2004, the steps that have been taken since his last reply; the progress that has been made to address the issues involved in view of the concerns of a person (details supplied); and if he will make a statement on the matter. [3485/05]

The Garda authorities have informed me that they continue to liaise closely with Dublin City Council regarding the area in question. Two families have been brought before the courts under the Housing (Miscellaneous Provisions) Act 1997. The courts have confirmed the eviction in one instance and papers are again being served in the second case.

I have been further informed that, shortly before Christmas 2004, a working group consisting of young people, the Garda Síochána and Dublin City Council was set up through the Garda youth diversion project operating in the area. I understand that the outcome from meetings of the group has been positive and initiatives are now being put in place to involve young persons in the area in activities funded by the Garda youth diversion project. These initiatives will be managed by the sports development officer from Dublin City Council.

In October 2004 a special Garda operation was put in place in the evenings in and around the area in question, with special emphasis on public order and active patrolling. This operation proved successful and the area has received regular patrolling since then. I have also been informed that efforts are being made to encourage the residents to form a residents' association and that these efforts will continue.

Prisons Building Programme.

Jim O'Keeffe

Question:

422 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform if he will report on the option to purchase lands at Newlands Cross, County Dublin; the size and nature of the site; the amount of money lost by the State on the expiry of that option; the amount of money which the acquisition of the lands would have cost; and if he will make a statement on the matter. [3529/05]

Jim O'Keeffe

Question:

449 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform the reason the option to purchase a site at Newlands Cross, County Dublin was not taken up or was abandoned; and if he will make a statement on the matter. [4029/05]

Jim O'Keeffe

Question:

450 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform the nature and extent of submissions or objections which he received regarding plans to locate a detention centre at Newlands Cross; and if he will make a statement on the matter. [4030/05]

I propose to take Questions Nos. 422, 449 and 450 together.

An option to purchase the site referred to by the Deputy at Newlands Cross was purchased in October 2002. The site was selected as a possible location for a new detention centre for juveniles aged 16 to 17 years in accordance with the requirements of the Children Act 2001, and for the location of a prison service headquarters building. The site comprised of 32.1 acres of land. An option to acquire the site was negotiated with the owners and was completed in October 2002 at a cost of €250,000. The option would have enabled the completion of the purchase of the site within one year for a further €15,750,000. This would have worked out at approximately €500,000 per acre.

In addition to the cost of the option at €250,000 approximately, €50,000 was expended on fees and surveys in connection with the site. Having considered a report by the Commissioner of Public Works and after further consideration by the Irish Prison Service it was decided not to proceed with a development on that site and no contract was entered into in respect of the site. The Government also decided to decentralise the prison service headquarters to Longford and that project is now proceeding. Representations and observations were made by residents, local elected representatives and South Dublin County Council.

Proposed Legislation.

Jimmy Deenihan

Question:

423 Mr. Deenihan asked the Minister for Justice, Equality and Law Reform if he has plans to update the law that governs the running and procedures of co-operatives; and if he will make a statement on the matter. [3530/05]

My Department has no responsibilities regarding the subject matter of this question.

Residency Permits.

Bernard Allen

Question:

424 Mr. Allen asked the Minister for Justice, Equality and Law Reform when a decision will be made on the application for permission to remain here on the basis of marriage to an Irish national by a person (details supplied) in County Cork. [3531/05]

The application made by the person in question for permission to reside in the State is currently under active consideration. It is expected that a decision on the matter will be made in the near future.

Proposed Legislation.

Jim O'Keeffe

Question:

425 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform if there is any proposal to reform the existing ward of court procedure. [3539/05]

I am advised that the Courts Service, mindful of the need for a comprehensive reform of the law relating to the protection of intellectually incapacitated individuals, and in the context of a relevant consultation paper published by the Law Reform Commission in 2003, is currently engaged in a review of the operation of the wardship jurisdiction. I will consider any proposals for changes in legislation within my area of functional responsibility which emanate from the review and from the final report of the Law Reform Commission.

Criminal Prosecutions.

Jim O'Keeffe

Question:

426 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform the number of prosecutions for offences under section 31 of the Intoxicating Liquor Act 1988, as amended, in each of the years 2001, 2002, 2003 and 2004; and if he will make a statement on the matter. [3540/05]

The number of proceedings commenced and convictions under section 31 of the Intoxicating Liquor Act 1988 are set out in the following table. Comparable statistics for 2001 are unavailable as they were not compiled on PULSE and could only be obtained through the expenditure of a disproportionate amount of Garda time and resources.

Numbers of proceedings commenced and convictions under section 31 of the Intoxicating Liquor Act 1988.

Year

Proceedings commenced

Convictions

2002

135

69

2003

126

75

2004*

42

24

* Statistics for 2004 are provisional and are, therefore, subject to change.

Garda Strength.

Enda Kenny

Question:

427 Mr. Kenny asked the Minister for Justice, Equality and Law Reform the Garda strength, including all personnel at each Garda station in the Mayo division as of 20 January 2005; his views in respect of the 3,000 overtime hours allocated to County Mayo in the recent high-profile policing operation; and if he will make a statement on the matter. [3556/05]

I have been informed by the Garda authorities, who are responsible for the detailed allocation of resources, including personnel, that the personnel strength, of all ranks, of each Garda station in the Mayo division as at 20 January 2005 was as follows:

Station

Strength

Castlebar

57

Ballyvary

1

Ballyglass

1

Balla

2

Partry

2

Glenisland

1

Tourmakeady

1

Ballina

36

Killala

2

Ballycastle

1

Bonniconlon

1

Crossmolina

2

Lahardane

1

Enniscrone

3

Easkey

3

Belmullet

19

Blacksod

1

Bellacorick

1

Bangor Erris

3

Ballycroy

1

Glenamoy

2

Claremorris

21

Kilmaine

1

Ballindane

1

Knock

4

Ballinrobe

11

Cong

1

Shrule

1

Hollymount

1

Swinford

24

Kiltimagh

4

Charlestown

4

Kilkelly

2

Ballyhaunis

9

Foxford

1

Westport

27

Newport

2

Achill Sound

4

Mulranny

1

Louisburgh

2

Keel

1

On Garda resources generally, I am very pleased that the Government has approved my proposal to increase the strength of the Garda Síochána to 14,000 members on a phased basis, in line with a commitment in An Agreed Programme for Government in this regard. This is a key commitment in the programme for Government and its implementation will significantly strengthen the operational capacity of the force.

The Commissioner will now draw up plans on how best to distribute and manage these additional resources. In this context, the needs of the Mayo division will be fully considered within the context of the needs of Garda divisions throughout the country. Clearly, the additional resources will be targeted at the areas of greatest need, as envisaged in the programme for Government. The programme identifies in particular areas with a significant drugs problem and a large number of public order offences, but it will be possible to address other priorities also, such as the need to very significantly increase the number of gardaí allocated to traffic duties as part of the new Garda traffic corps. I have already promised that the additional gardaí will not be put on administrative duties. They will be put directly into frontline, operational, high-visibility policing. They will have a real impact.

In November of last year, I announced that due to careful financial management within the Votes pertaining to the Department of Justice, Equality and Law Reform as a whole, I had made an additional €4 million available to the Garda Commissioner to be expended on targeted Garda operations. This funding provided for, inter alia, an additional 140,000 hours of overtime for the Garda Síochána between November and the end of the year in respect of high-visibility Garda operations. The Mayo division received an allocation of 3,000 overtime hours, out of the additional 140,000 hours, in respect of this new high-profile policing operation. The additional 3,000 hours enabled the delivery of additional operations in areas such as crime patrols and burglary prevention patrols and in additional high-visibility operations in areas such as uniform mobile patrols, traffic management and road safety operations.

Residency Permits.

Joe Costello

Question:

428 Mr. Costello asked the Minister for Justice, Equality and Law Reform if he will allow all the former Kosovar programme refugee parents who gave birth to children during their stay here between 1999 and 2000 to return to reside here with their Irish-born children; and if he will make a statement on the matter. [3640/05]

The scheme I have introduced for making applications for permission to remain on the basis of parentage of an Irish-born child applies only in cases where the parents are resident in the State. It does not apply in respect of parents who are not resident in the State, nor have I any plans to introduce such a scheme. However, given the limited number of parents involved, the unique nature of their presence in the State at the time of birth of their children here and the specific circumstances of their departure, I am prepared to consider applications on a case-by-case basis subject to the requirements of the common good.

Visa Applications.

Dan Neville

Question:

429 Mr. Neville asked the Minister for Justice, Equality and Law Reform when a holiday visa will be processed for a person (details supplied). [3644/05]

My Department has no record of a visa application from a person with the same name or a similar name to the person referred to by the Deputy. The reference number does not relate to a visa application number. If the Deputy wishes to forward the appropriate visa application number, my Department will examine this issue as a matter of urgency

Asylum Applications.

John McGuinness

Question:

430 Mr. McGuinness asked the Minister for Justice, Equality and Law Reform the status of the application by a person (details supplied) to stay here; and if a decision in the case will be expedited. [3734/05]

The person concerned arrived in the State on 24 November 2002 and applied for a declaration as a refugee on 25 November 2002. 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 27 February 2004, 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 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. Representations have been received on behalf of the person concerned.

This person's case file, including all representations submitted, will be considered under section 3(6) of the Immigration Act 1999, as amended, and under section 5 of the Refugee Act 1996, as amended, which pertains to prohibition of refoulement. I expect the file to be passed to me for decision shortly.

Visa Applications.

Paul Kehoe

Question:

431 Mr. Kehoe asked the Minister for Justice, Equality and Law Reform the current status of the visa application for a person (details supplied); the further time it will take before a decision is made; and if he will make a statement on the matter. [3735/05]

The application in question was refused on 3 February 2005 and this decision will be communicated to the applicant as soon as possible via the Irish mission in the person's country of origin.

The application referred to by the Deputy was to allow a non-EEA national reside in the State with her grandson. In assessing any visa application, the visa officer will consider various matters, including whether it is reasonable in all the circumstances to conclude that the applicant would fully honour the conditions of the visa — for example, it is unlikely that the applicant would overstay the length of time applied for. The visa officer will also have regard to information provided and to such factors as the applicant's ties and general circumstances in her country of origin. The application was refused because the visa officer could not reasonably be satisfied, on the basis of the documentation supplied to my Department, that the applicant would observe the conditions of the visa applied for. In particular, it was felt that the applicant had not displayed evidence of her obligations to return home following the proposed visit. It did not appear from the details supplied with the application that the visit was intended to be short-term in nature.

No documentation was supplied in respect of the applicant's reference in Ireland, namely the applicant's grandson. Therefore the immigration status of the reference in Ireland could not be determined, nor could the availability of sufficient finances to enable the support of the applicant without recourse to public funds, be established.

It is open to the applicant to appeal the decision to refuse the visa application. An appeal should be accompanied by any additional supporting documentation that the applicant feels will address the reasons for refusal, as stated above.

Hospitals Building Programme.

Enda Kenny

Question:

432 Mr. Kenny asked the Minister for Justice, Equality and Law Reform the details of communications and nature of communications received from the Department of Health and Children requesting that the Central Mental Hospital be located on the same site as the proposed new prison to replace Mountjoy; and if he will make a statement on the matter. [3736/05]

Enda Kenny

Question:

433 Mr. Kenny asked the Minister for Justice, Equality and Law Reform if, in assessing the suitability of sites, his departmental expert committee was requested to give consideration to the relocation of the Central Mental Hospital on the same site as the new proposed prison or in proximity of the new prison; and if he will make a statement on the matter. [3737/05]

Enda Kenny

Question:

434 Mr. Kenny asked the Minister for Justice, Equality and Law Reform the reason he favours the location of the Central Mental Hospital on the same site as the proposed new prison; and if he will make a statement on the matter. [3738/05]

I propose to take Questions Nos. 432 to 434, inclusive, together.

While the location of the Central Mental Hospital is a matter, in the first instance, for the Department of Health and Children, I am strongly of the view that a prisoner with a severe mental illness should be treated in an appropriately secure therapeutic environment and not in a prison. I must also recognise that we have prisoners who suffer from mental illness and it is in their interest and in the interests of the Irish Prison Service that a suitable facility be readily accessible to prisoners.

When the issue of selecting a site for a new prison facility was being put before the Government in November 2004, the question of siting the Central Mental Hospital in the same locality was raised by the relevant Departments. The Government decided, in principle, subject to further study, that the Central Mental Hospital should be transferred from Dundrum to the same site as the new prison facility. It was clear that the relocated Central Mental Hospital was to be separate and distinct from any prison facility.

I, as a member of the Government, fully support that decision. There are considerable potential benefits to the taxpayer and to the patients of the Central Mental Hospital. In particular, it will allow significant new resources to be allocated to the Central Mental Hospital and the construction of a state-of-the-art mental hospital. The question of further study and progressing the relocation of the Central Mental Hospital is a matter for the Department of Health and Children.

The committee that reviewed potential sites for a prison facility to replace the Mountjoy complex had no specific brief regarding the Central Mental Hospital and there was no written correspondence with the Department of Health and Children on the matter. However, the committee was aware of the proposal to relocate the Central Mental Hospital and that one option that would have to be considered was the relocation of the Central Mental Hospital to a site close or adjacent to the new prison complex.

As regards communications other than those referred to, my Department received a copy of correspondence dated 11 May 2004 in which the Eastern Regional Health Authority had proposed that the Central Mental Hospital be relocated to a new greenfield site with ready access to the M50 motorway. At a later stage, it was consulted by the Department of Health and Children regarding proposals on the redevelopment of the Central Mental Hospital at a new site. My Department supported the proposal and expressed the view that while the redeveloped Central Mental Hospital should be separate and distinct from any prison, accessibility from prisons was an important issue and should be taken into account in the selection of sites for the new prison facility and the Central Mental Hospital.

Communications Masts.

Joe Costello

Question:

435 Mr. Costello asked the Minister for Justice, Equality and Law Reform the location of each of the mobile phone masts in use by a company (details supplied) at Garda stations in Dublin; the number of masts that have planning permission; and if he will make a statement on the matter. [3739/05]

By agreement with the company specified by the Deputy, the following Garda communications masts are utilised by the company in Dublin.

Garda Headquarters

Howth

Bray

Kevin Street

Ballyfermot

Lucan

Cabinteely

Kill O’Grange

Ballymun

Malahide

Crumlin

Kilmainham

Blanchardstown

Mountjoy

Dalkey

Pearse Street

Bridewell (DMA North)

Raheny

Donnybrook

Rathfarnham

Cabra

Ronanstown

Dundrum (DMR East)

Rathmines

Clondalkin

Santry

Dunlaoire

Shankill

Clontarf

Store Street

Enniskerry

Stepaside

Coolock

Swords

Greystones

Sundrive Road

Finglas

Whitehall

Harcourt Tce.

Terenure

Fitzgibbon Street

Blackrock (DMR East)

Irishtown

Balbriggan

I am informed by the Garda authorities that as all of these masts were erected prior to 1994, they were exempt from planning permission, and that any mast replaced since then under the terms of the agreement was replaced in accordance with the planning process.

The Deputy will note that the number of locations referred to in the table is 44. In response to Question No. 697 of 26 January 2005, the number quoted for the county of Dublin was 45. This latter figure included Ashbourne station, which, although part of the Dublin metropolitan district, should have been included in the figures for County Meath.

Child Care Services.

Brian O'Shea

Question:

436 Mr. O’Shea asked the Minister for Justice, Equality and Law Reform if there is an appeal system whereby unsuccessful applicants for capital funding for a community child care facility can have their case reviewed (details supplied); and if he will make a statement on the matter. [3740/05]

In December 2004, I announced a further allocation of almost €35 million in capital funding to community-based not-for-profit groups for the development of child care services. At the same time, my Department wrote to all applicants whose projects are still under consideration to advise them that the allocation of further capital funding would be announced in 2005 and 2006 on the basis of further appraisal of local need and the quality of applications on hand. This project received such a letter.

I understand an application for capital grant assistance under the Equal Opportunities Childcare Programme 2000-2006, EOCP, was submitted by the group 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 level of demand for capital grant assistance was such that I considered it important to increase the capital provision for the present programme. Following discussions with my colleague the Minister for Finance, an additional capital provision of €90 million was made available over the period 2005 to 2009 in the context of the 2005 budget. Of this amount, €50 million is being made available under the present programme and the remaining €40 million will flow under the next phase of the post-2006 EOCP. This augments the increased EU funding of some €12 million made available last year in recognition of the progress of the programme. This brings the total funding available for the programme to €499.3 million and now includes an increased provision for capital developments, for which €205 million has been set aside.

The availability of the additional capital funding will enable me to make further capital grant assistance available over the coming months and years to groups which address significant child care service gaps and where the project proposal represents good value for money when considered in respect of the current guidelines on building costs. In the light of this, the group in question has been advised that while its project had not been prioritised for immediate funding in December 2004, it will be reconsidered in the future, and that I hope to make further significant capital commitments during 2005 and thereafter.

The ongoing appraisal of the applications in the pipeline will be concluded as speedily as possible to facilitate the development of additional child care facilities and places at the earliest opportunity. When the appraisal on the project in question is completed, the application will then be considered by the programme appraisal committee, chaired by my Department, before I make a final decision. In the interim, it would be premature of me to comment further on this application.

Film Censorship.

Bernard Allen

Question:

437 Mr. Allen asked the Minister for Justice, Equality and Law Reform if he has satisfied himself that the film censor is fulfilling his role as censor of films rather than classifier of films; and if he has had discussions with the film censor on this matter. [3838/05]

The Irish Film Censor's Office was created by the Censorship of Films Act 1923. The film censor is appointed to undertake the functions provided for in this, and subsequent, legislation, including the Video Recordings Act 1989. The Deputy will appreciate that, as such, the film censor is independent in the exercise of his official functions. However, I am considering a review of the censorship legislation. Any proposals for changes to the legislation that might result from such a review would be brought before the Government and announced in the usual manner.

Bernard Allen

Question:

438 Mr. Allen asked the Minister for Justice, Equality and Law Reform if the censorship of films legislation obliges the film censor to refuse a certificate to any film which is indecent, obscene or blasphemous or which tends to incorporate principles contrary to public morality. [3839/05]

The Office of Film Censor was created by the Censorship of Films Act 1923. The film censor is appointed to undertake the functions provided for in this, and subsequent legislation, including the Video Recordings Act 1989. The legislation provides that no film shall be exhibited in public unless it is certified as fit for public exhibition by the film censor.

The legislation gives the film censor the power to certify films and to impose conditions or restrictions upon their exhibition. It also provides for the prohibition of films where the film censor forms the opinion that such film or some part thereof is unfit for general exhibition in public by reason of its being indecent, obscene or blasphemous or because the exhibition thereof in public would tend to inculcate principles contrary to public morality or would be otherwise subversive of public morality.

Child Care Services.

John McGuinness

Question:

439 Mr. McGuinness asked the Minister for Justice, Equality and Law Reform if an application (details supplied) for funding for child care facilities will be considered as part of the ongoing programme of funding in the area. [3845/05]

I understand that an application for capital grant assistance under the Equal Opportunities Child Care Programme 2000-2006, was submitted by the group to my Department some time ago. This 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 level of demand for capital grant assistance was such that I considered it important to increase the capital provision for the present programme. Following discussions with my colleague the Minister for Finance, an additional capital provision of €90 million was made available over the period 2005-09, in the context of the 2005 budget.

Of this amount, €50 million is being made available under the present programme and the remaining €40 million will flow under the next phase of the post-2006 programme. This augments the increased EU funding of some €12 million made available last year in recognition of the progress of the programme. This brings the total funding available for the programme to €499.3 million and includes an increased provision for capital developments for which €205 million has been set aside. In December 2004, I announced an allocation of almost € 35 million in capital funding to community-based not for profit groups.

The availability of the additional capital funding will enable me to make further capital grant assistance available over the coming months and years to groups which address significant child care service gaps and where the project proposal represents good value for money when considered in respect of the guidelines on building costs. In the light of this, the group in question has been advised that whilst its project had not been prioritised for immediate funding in December 2004, it will be reconsidered in the future, and that I hope to make further significant capital commitments during 2005 and thereafter.

The ongoing appraisal of the applications in the pipeline will be concluded as speedily as possible to facilitate the development of additional child care facilities and places at the earliest opportunity. When the appraisal of the project in question is completed, the application will then be considered by the programme appraisal committee, chaired by my Department, before I make a final decision. In the interim, it would be premature of me to comment further on this application.

Paternity Leave.

Paul McGrath

Question:

440 Mr. P. McGrath asked the Minister for Justice, Equality and Law Reform the paternity leave which is provided for in law, from employers to fathers, prior to, during and after maternity confinement; and if he will make a statement on the matter. [3860/05]

While there is no statutory entitlement to paternity leave, many employers in both the public and private sectors have arrangements in place providing short periods of paid paternity leave. Section 16 of the Maternity Protection Act 1994 (as amended) entitles the employed father of a child to leave in the event of the death of the mother within 24 weeks of the birth of a living child.

Paternity leave was considered in the context of a review of the Parental Leave Act 1998 conducted by a working group chaired by my Department. The working group comprised the social partners, relevant Departments and the Equality Authority. The report of the working group on the review of the Parental Leave Act 1998 was published on 29 April 2002.

The working group considered paternity leave taking into account the following issues: reconciliation of work and family life and balanced participation of men and women in work and family life; cost to employers; comparative situation in EU member states. While acknowledging that a statutory arrangement to provide an entitlement to time off for fathers at the time of childbirth would enhance arrangements for the reconciliation of work and family life, the working group could not reach consensus on the issue.

Subsequently, no agreement was reached on paternity leave by the social partners in the context of the negotiations on the Sustaining Progress partnership agreement. In the absence of a consensus among the social partners the Government does not propose to provide for a statutory entitlement to paternity leave.

Prison Accommodation.

Paul McGrath

Question:

441 Mr. P. McGrath asked the Minister for Justice, Equality and Law Reform when he expects to utilise the unit adjoining St. Patrick’s Institution at Mountjoy Prison; the number of persons who were employed to work in that building and the number who are still in the employ of his Department; and the way in which he justifies the capital cost of providing this, as yet unused, unit in view of plans to relocate Mountjoy Prison. [3861/05]

The unit to which the Deputy refers is located at St. Patrick's Institution. It comprises the refurbished cellular accommodation in ‘B' wing of the institution and a new adjoining building which houses an education unit and other facilities. The cellular accommodation is being fully utilised at present and parts of the new building are in use. The intention is to bring all of the cellular accommodation and the new building into full and exclusive use for 16 and 17 year old boys but arrangements to do so have to have regard to the outcome of ongoing negotiations on the major organisational change programme in the Irish Prison Service. As I indicated in reply to Question No. 692 on 26 January 2005, discussions with the Prison Officers Association are continuing in this matter following receipt of an arbitration report.

I am satisfied that substantial benefit will be obtained from use of the new unit over the coming years for as long as young people continue to be accommodated in the Mountjoy complex at its current location. In particular, I am satisfied that exclusive use of the unit for 16 and 17 year old boys will represent important progress pending the provision of new children detention centres under the Children Act 2001 and, that the experience gained from such use will help inform the planning of those new centres.

Two persons have been assigned to work at the new unit. One of them, who had accepted a contract psychologist post, has since vacated it following appointment to a psychologist post in the Irish Prison Service from a competition organised by the Public Appointments Service. The second person, who has been assigned by the City of Dublin Vocational Education Committee as head teacher of the education unit, has been assisting in preparations for its opening.

Paul McGrath

Question:

442 Mr. P. McGrath asked the Minister for Justice, Equality and Law Reform the details of the tender process, applicants and applications considered, including details of the successful applicant, when commissioning the building of the vacant unit at Mountjoy Prison. [3862/05]

There is no vacant unit at Mountjoy Prison. There is a unit which is not yet fully utilised in St. Patrick's Institution which is the subject of a separate question by the Deputy.

Legal Aid Service.

Paul McGrath

Question:

443 Mr. P. McGrath asked the Minister for Justice, Equality and Law Reform the measures which have been put in place to ensure the ongoing and adequate funding of the private practitioners scheme, and that the service provided by this scheme is offered to any and all qualifying applicants facing interim custody and maintenance hearings, throughout the State, as a matter of course rather than simply withdrawing the service from availability when funding runs low; and if he will make a statement on the matter. [3863/05]

The allocation for the Legal Aid Board has been increased from €18.388 million in 2004 to €21.362 million in 2005, an increase of 16%. The operation of the civil legal aid scheme is a matter for the Legal Aid Board, including continuing to provide adequate service to clients either through their law centres or through the use of private practitioners.

Paul McGrath

Question:

444 Mr. P. McGrath asked the Minister for Justice, Equality and Law Reform the number of applications monthly for the private practitioners scheme throughout the State in 2002, 2003 and 2004 by area, together with the number of applications granted by area and monthly; and if he will make a statement on the matter. [3864/05]

I can inform the Deputy that 27,241 legal aid certificates were granted in 2002 and 30,060 legal aid certificates were granted in 2003 under the criminal legal aid scheme. The figure for 2004 is not available at this stage and the number of applications made is not recorded.

The Legal Aid Board operates a private practitioner scheme in the District Court for civil legal aid. While the board does not maintain statistical information in respect of the number of applications or the number of legal aid certificates granted on a monthly or location basis, it maintains statistics on the number of legal aid certificates granted under the scheme on an annual basis. The number of legal aid certificates granted under the scheme for 2002 and 2003, as published in the board's annual reports for those years, were 1,604 and 895, respectively. Statistics for the year 2004 are not yet compiled and will be included in the board's annual report in due course.

The Legal Aid Board operated a private practitioner scheme in the Circuit Court on a pilot basis during 2002. A total of 145 legal aid certificates were granted under the scheme in 2002, broken down by location as follows: Dublin, 50; Donegal, eight; Cork south, 21; Kerry, 14; Kildare, one; Wexford, 49; Tipperary, 2.

Crime Levels.

Paul McGrath

Question:

445 Mr. P. McGrath asked the Minister for Justice, Equality and Law Reform the number of shootings and attacks on the person during 2003 and 2004 in the Dublin 15 area; and if he will make a statement on the matter. [3865/05]

The Garda authorities inform me that the crime statistics compiled by the Garda Síochána do not relate to postal areas. Blanchardstown district covers the Dublin 15 area. The number of offences recorded in Blanchardstown district where a firearm was used was 58 in 2003 and 79 in 2004. It has not been possible in the time available to provide all the information requested by the Deputy. The remaining information is being prepared and I will revert to the Deputy in due course.

Questions Nos. 446 to 448, inclusive, answered with Question No. 414.
Questions Nos. 449 and 450 answered with Question No. 422.

Detention Centres.

Jim O'Keeffe

Question:

451 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform the position regarding the planned location of the detention centre for young offenders; and if he will make a statement on the matter. [4031/05]

No final decision has been made with regard to the location of the detention centre for young offenders.

Garda Stations.

Jim O'Keeffe

Question:

452 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform the number of Garda stations which have been identified as being in a state of poor repair or dilapidation or have otherwise been deemed unsuitable or inadequate accommodation for the number of gardaí stationed in same; and if he will make a statement on the matter. [4032/05]

Most Garda properties are vested in the Office of Public Works. A survey of the Garda property portfolio was carried out on behalf of the Office of Public Works to determine which Garda properties were considered economically maintainable and which uneconomic to repair. Following that survey, the Office of Public Works last year ran a pilot equity exchange programme of eight Garda stations in counties Limerick and Tipperary selected by that office, following consultation with my Department and the Garda authorities. The programme was developed to test the feasibility of exchanging clusters of small Garda stations which cannot be viably maintained for new modern station facilities.

The Office of Public Works reports that the level of interest expressed was not adequate to meet the requirements of the programme and that the Commissioners of Public Works are considering how best to progress matters. In the meantime, the Commissioners of Public Works will undertake any essential maintenance works necessary to stations.

Separate from the equity exchange programme, significant funding is provided each year by the Office of Public Works for the Garda capital building programme with an estimated €10 million provided in 2005.

This does not include additional funding to provide new accommodation requirements for the Garda College in Templemore arising from the increased number of recruits to bring the strength of the force up to 14,000. The building programme in many cases addresses sub-standard accommodation as well as meeting additional and new requirements. Major projects under way include Ballyshannon, Bantry, and Ballina.

There is a provision of more than €7 million in the Garda Vote in 2005 to meet ongoing maintenance of Garda stations such as painting and minor repairs.

Questions Nos. 453 and 454 answered with Question No. 417.

Garda Strength.

Jim O'Keeffe

Question:

455 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform the number of gardaí in County Kildare; the number of Garda stations in County Kildare; if the construction of new stations or the expansion of existing stations is planned; and if he will make a statement on the matter. [4035/05]

Jim O'Keeffe

Question:

456 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform if he has satisfied himself with the level of Garda numbers in County Kildare in view of the high level of crime; and if he will make a statement on the matter. [4036/05]

I propose to take Questions Nos. 455 and 456.

The Garda authorities, who are responsible for the detailed allocation of resources, including personnel, inform me that the personnel strength of each of the 18 Garda stations (all ranks) in County Kildare as at 7 February 2005, is set out in the following table.

Station

Strength

Naas

77

Clane

6

Kill

3

Celbridge

19

Maynooth

16

Kildare

27

Newbridge

29

Robertstown

3

Kilcullen

3

Carbury

2

Monasterevin

3

Rathangan

3

Athy

16

Castledermot

2

Ballytore

1

Ballymore Eustace

1

Leixlip

26

Kilcock

5

There has been an increase of 40 officers — from 202 to 242 — in Kildare Garda stations since 31 December 1997. Local Garda management is satisfied that the policing resources in the Carlow and Kildare division are adequate to meet the policing needs of the division.

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

The Commissioner will draw up plans on how best to distribute and manage these additional resources. The needs of the Kildare district will be fully considered within the context of the needs of Garda divisions throughout the country. The additional resources will be targeted at the areas of greatest need, as is envisaged in the programme for Government which identifies particular areas with a significant drugs problem and a high number of public order offences, but it will be possible to address other priorities as well, such as the need to increase the number of gardaí allocated to traffic duties as part of the new Garda traffic corps. I have already promised that the additional gardaí will not be put on administrative duties. They will be put directly into frontline, operational, high-visibility policing and will have a real impact.

The accommodation needs of the force are continually under review to ensure that operational requirements are met. Where such requirements are not being met, then the required refurbishment, or construction, works are completed by the Office of Public Works with all due urgency, and in accordance with overall priorities within the Garda building programme and the availability of financial and other resources.

Crime Levels.

Jim O'Keeffe

Question:

457 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the large numbers of offences of sexual assault, aggravated sexual assault and rape reported annually as opposed to the low level of convictions recorded; the reasons for this situation; and the steps he proposes to deal with the matter. [4045/05]

The recently published provisional headline crime statistics for 2004 show sexual offences generally decreased by 17% or 329 cases when compared to 2003; there was a decrease of 28% or 403 cases in sexual assaults. There is an increase in the number of cases of rape of a female and rape section 4. There is a high attrition rate in rape cases in Ireland, and many cases reported to the gardaí do not reach prosecution stage for a variety of reasons. The Director of Public Prosecutions is statutorily independent in the performance of his function and it would, therefore, be inappropriate for me to comment on his decisions.

In 2003 my Department approved joint funding for comprehensive research into attrition rates in rape cases. The research, which is entitled The Understanding of Attrition, Early Withdrawal, the Trial Process and Identifying Possible Changes to Support Complainants in Rape Cases, is being carried out by the Department of Law at the National University of Ireland, Galway and the Rape Crisis Network Ireland and is expected to be completed in 2006.

This research should provide a greater understanding as to why some victims choose not to report cases to the Garda, what can be done about under reporting and why, of the cases that are reported, only a relatively small percentage result in a court hearing. Following this, action will, as appropriate, be taken to resolve any issue which may arise.

Sentencing Policy.

Jim O'Keeffe

Question:

458 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the apparent inconsistency in court sentencing and in regard to cases of sexual assault, aggravated sexual assault and rape; and if he has proposals in this regard. [4047/05]

I refer the Deputy to my detailed reply to Questions Nos. 190, 192 and 193 of 16 December 2004.

I have nothing further to add to that reply other than to say that, in general, the penalties for sexual offences are very severe. Life imprisonment is the maximum penalty for rape and other serious sexual offences. The maximum sentence for sexual assault was increased to allow for situations where there were several assaults over an extended period of time. The Sex Offenders Act 2001 provides for a maximum sentence of ten years for sexual assault of a person over 17, and 14 years where the victim is under 17.

In so far as consistency of sentencing is concerned, the Criminal Justice Act 1993 provides that the Director of Public Prosecutions may, where it appears to him that a sentence imposed by a court is unduly lenient, apply to the Court of Criminal Appeal to review the sentence. The Director of Public Prosecutions is totally independent in the carrying out of his functions.

Victim Support.

Jim O'Keeffe

Question:

459 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform if the level of support available to the victims of crime, in particular the victims of sexual assault, aggravated sexual assault and rape, are inadequate; and if he has proposals in this regard. [4050/05]

The rights and entitlements of victims of crime in Ireland are set out in the victims charter which was published by my Department in 1999 following extensive consultation with all relevant agencies including the courts, the Garda Síochána, the Prison Service, the probation and welfare service, the State prosecution service and the Victim Support organisation.

A guiding principle of the victims charter is a commitment to giving victims of crime a central place in the criminal justice system. The charter makes specific provision for particularly vulnerable victims such as victims of sexual offences, domestic violence, elderly victims, victims with disabilities, and children. It also contains specific provisions on keeping victims informed of the outcome of their complaints, the progress of any criminal proceedings, and the outcome of these proceedings. The Victim Support organisation has received in excess of €5 million from my Department over the last five years.

On victims of rape and sexual assault, the Deputy will be aware that the key services required by people who have been victims of a rape or a sexual assault are medical treatment and counselling and that the provision of these services are the responsibility of the relevant health board. As the Deputy will appreciate, the services required by such victims, for which my Department has responsibility, relate mainly to the civil and criminal justice systems. In this regard, any incident of rape or sexual assault reported to the Garda Síochána is fully investigated and, subsequently, a file is forwarded to the Director of Public Prosecutions for a direction as to whether a prosecution should proceed.

In relation to any need the victim might have for legal advice, the Legal Aid Board offers legal advice and, in certain circumstances, representation to complainants in cases of serious sexual assault. In addition, my Department has also provided funding to the Rape Crisis Network for work of this nature. Following recent discussions with the Rape Crisis Network and other victims' organisations, other initiatives are also under consideration.

Decentralisation Programme.

Billy Timmins

Question:

460 Mr. Timmins asked the Minister for Justice, Equality and Law Reform the number of personnel who, on applying for promotion in his Department since January 2004, have been required to sign an agreement that they are willing to decentralise; how many of them refused to sign the agreement; if this impacted on their promotion or otherwise; and if he will make a statement on the matter. [4076/05]

Five officers have been required to sign an agreement, which along with other relevant clauses, includes one indicating a willingness to decentralise on being offered appointment to posts within my Department. Three officers have signed the agreement and two are awaiting clarification of issues other than decentralisation prior to signature of the document.

Child Care Services.

Finian McGrath

Question:

461 Mr. F. McGrath asked the Minister for Justice, Equality and Law Reform if he will consider proposals (details supplied) on funding child care services. [4481/05]

Proposals Nos. 1, 2 and 5 come within my Department's remit. I propose to deal with proposals Nos. 1 and 2 together. A review of the maternity protection legislation was carried out in 2000 by a working group, chaired by my Department, which comprised the social partners and relevant Departments and agencies. The working group was set up in accordance with commitments in the Government action programme for the millennium and the Programme for Prosperity and Fairness. The report of the working group on the review and improvement of the maternity protection legislation was published in February 2001.

Among its recommendations, the working group recommended an increase in the maternity leave entitlement, which attracts a payment from the Department of Social and Family Affairs, from 14 weeks to 18 weeks and an increase in the unpaid additional maternity leave entitlement from four weeks to eight weeks. These increases were announced in budget 2001 and implemented by means of the Maternity Protection Act 1994 (Extension of Periods of Leave) Order 2001 (SI No. 29 of 2001) with effect from 8 March 2001. Identical increases were simultaneously applied to the adoptive leave entitlement.

During its deliberations on the increase in the maternity leave periods, the working group considered both the benefits and costs to employers and to the economy generally. The benefit to employers and industry to the extent that increased maternity leave periods facilitates the increased participation and retention of women in the labour force was among the factors considered. The Irish Business and Employers Confederation, the Department of Finance and the Health Service Employers' Agency were represented on the group, and took costs into account, in their agreement to the recommendations.

The Maternity Protection (Amendment) Act 2004, which was commenced on 18 October last, implemented the outstanding recommendations of the maternity protection review group and fulfilled a statutory component of the work-life balance programmes to which the Government is committed under Sustaining Progress. The 2004 Act makes no provision for a further extension of the maternity leave periods beyond the improvements implemented in 2001.

Proposals on the transfer of maternity leave to fathers were considered by the maternity working group who considered that "maternity leave is linked to a mother's welfare, and that as such, it is not appropriate to make any portion of maternity leave optionally transferable to fathers". The group also agreed that the issue of paternity leave would be considered in the context of a subsequent review of the Parental Leave Act 1998.

Proposals on the extension of the duration of parental leave, payment of parental leave and statutory paternity leave were considered in the context of the review of the Parental Leave Act 1998 which was conducted by a working group chaired by my Department. The working group comprised the social partners, relevant Departments and the Equality Authority. The report of the working group on the review of the Parental Leave Act 1998 was published on 29 April 2002.

During working group discussions the arguments, both for and against the proposals for extended parental leave, paid parental leave and paid paternity leave, were strong and the merits of each were enunciated in some depth in the report of the working group. In the course of their deliberations, the cost implications for employers of these proposals were considered by the working group. Concern was expressed by some members of the working group in relation to the adoption of any new measures which would result in increased costs for employers in view of the economic climate at that time and the need to maintain international competitiveness. Consequently, the group did not reach consensus on paid parental leave, paid paternity leave and increased duration of parental leave.

Subsequently, no agreement was reached on the extension of the duration of parental leave, the introduction of paid parental leave and paternity leave by the social partners in the context of the negotiations on the Sustaining Progress partnership agreement. In the absence of a consensus among the social partners the Government does not propose to provide for the extension of the duration of parental leave, paid parental leave or paternity leave.

The Government is committed as part of the Sustaining Progress partnership agreement to strengthen the parental leave scheme in accordance with the recommendations agreed in the Programme for Prosperity and Fairness report of the working group on the review and improvement of the Parental Leave Act 1998. In this regard, the Parental Leave (Amendment) Bill 2004 was published and initiated in Seanad Éireann on 16 December, 2004. The Bill is scheduled for Committee Stage consideration in the Seanad tomorrow, 9 February.

The main provisions of the Bill include the following: raising the maximum age of the eligible child from five to eight years; an increase in the maximum age of the eligible child to 16 years in the case of children with disabilities; extension of parental leave entitlements to persons acting in loco parentis in respect of an eligible child; a statutory entitlement to take the 14 weeks parental leave in separate blocks.

On proposal No. 5, the Government has already significantly increased the funding available to the Equal Opportunities Childcare Programme 2000-2006, EOCP, since its launch in April 2000 and, following the EOCP's good performance in the mid-term review of the NDP, a further €12 million in the level of EU funding has been made available. Taken together this has meant that the funding available to the EOCP has risen by almost 60% from an original allocation of €317 million to €499 million for the period to the end of the NDP. This includes an increase of €50 million in capital funding which was announced in the most recent budget. The Government has also committed €40 million in capital funds for the next phase of child care funding up to 2009, demonstrating its commitment to developing child care services across the country and into the future.

The Equal Opportunities Childcare Programme 2000-2006 provides grant aid for capital, staffing and quality improvement projects in the child care sector. It is intended that the EOCP will increase the number of child care places and services nationwide, support the introduction of a co-ordinated approach to the delivery of child care services and improve the quality of child care in Ireland. To date the EOCP has committed over €313 million which will lead to the creation of over 33,500 new child care places, of which 20,500 are already in place as of June 2004, and the support of almost 30,000 existing child care places.

Departmental Responsibility.

Paul Kehoe

Question:

462 Mr. Kehoe asked the Minister for Education and Science if she has responsibility for the Institute of Chartered Accountants; if she can intervene when a person has a complaint about same; and if she will make a statement on the matter. [3371/05]

My Department has responsibility for co-ordination of the implementation of EU directives on mutual recognition of professional qualifications under the general system insofar as regulated professions are concerned. The Institute of Chartered Accountants in Ireland is one of a number of bodies prescribed as a designated authority under the directives for the purpose of the profession and professional activities of auditing company accounts. It is also a designated authority for the regulation of the title of chartered accountant. Under the directives, a designated authority is a body empowered to receive applications and make decisions, within the framework provided by the directives, on the regulation of title or the recognition of qualifications for a regulated profession.

My Department has no role in complaints concerning the institute, except insofar as the implementation of the EU directives on mutual recognition of professional qualifications is concerned.

Schools Building Projects.

Mary Upton

Question:

463 Dr. Upton asked the Minister for Education and Science her views on class sizes at a school (details supplied) in Dublin 8 of over 30 students; and the position regarding the school buildings application for this school. [3404/05]

As the Deputy will be aware, the staffing of a primary school is determined by reference to the enrolment of the school on 30 September of the previous school year. The actual number of mainstream posts sanctioned is determined by reference to a staffing schedule which is finalised for a particular year following discussions with the education partners. The guidelines can only be deviated from where a school experiences rapid growth in its enrolment. In such cases, an additional post, referred to as a developing school post, may be sanctioned occasionally where the projected enrolment at 30 September of the school year in question equals or exceeds a specified figure. If the specified figure is not achieved on 30 September, sanction for the post is withdrawn.

The staffing schedule is structured to ensure that all primary schools will operate to an average mainstream class size of 29 pupils. School authorities should ensure that there is an equitable distribution of pupils in mainstream classes and that the differential between the largest and the smallest classes is kept to a minimum.

The mainstream staffing of the school referred to by the Deputy for the current school year is a principal and five mainstream class teachers based on an enrolment of 155 pupils on 30 September 2003. The school was also granted a developing post for the 2004-05 school year on the basis of a projected enrolment of 180 pupils. In addition, the school has a resource post and a language support post.

According to data submitted to my Department by the board of management the enrolment on 30 September 2004 was 180 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 in February-March 2005.

With regard to the proposed building project for the school in question, this has been assessed in accordance with the published prioritisation criteria, which were revised following consultation with the education partners and its progress is being considered in the context of the 2005 school building programme.

The Deputy will be aware that I recently announced the first phase of the 2005 school building programme which provided details of 122 major school building projects countrywide which will prepare tenders and move to construction during 2005. This announcement is the first in a series of announcements I plan to make in the coming period on the schools building and modernisation programme that will include details of schools identified as suitable for construction under public private partnerships; an expansion of the number of schools that will be invited to deliver their building projects on the basis of devolved funding; details of schools with projects approved under the 2005 summer works scheme; schools whose projects will further progress through the design process; and schools that will be authorised to commence architectural planning.

Dan Neville

Question:

464 Mr. Neville asked the Minister for Education and Science the position regarding the completion of the extension to a school (details supplied) in County Limerick. [3405/05]

An extension and refurbishment project at the school to which the Deputy refers has been assessed in accordance with the published prioritisation criteria, which was revised following consultation with the education partners and the project is being considered for the 2005 school building programme.

The Deputy will be aware that I recently announced the first phase of the 2005 school building programme which provided details of 122 major school building projects countrywide which will prepare tenders and move to construction during 2005. This announcement is the first in a series of announcements I plan to make in the coming period in relation to the schools building and modernisation programme that will include: details of schools identified as suitable for construction under public private partnerships; an expansion of the number of schools that will be invited to deliver their building projects on the basis of devolved funding; details of schools with projects approved under the 2005 summer works scheme; schools whose projects will further progress through the design process; and schools that will be authorised to commence architectural planning.

John Cregan

Question:

465 Mr. Cregan asked the Minister for Education and Science the situation and the reason for the delay in relation to the opening of a school for autistic children (details supplied); the capital funds which have been supplied for the project; the funds towards rent to the landlord of the existing national school which have been paid by her Department; the reason and the person on whose behalf the landlord is seeking a higher rent; and if her Department will broker a deal, and make extra funds available in order to open this badly needed facility. [3408/05]

I wish to inform the Deputy that the unit to which he refers is currently operating and receives an annual funding allocation from my Department. The unit currently caters for 24 children on the autistic spectrum and wishes to put additional accommodation in place to cater for a further six children. As the Deputy is aware the unit is located on the grounds of a primary school but operates separately from that school.

The school building section of my Department sanctioned a grant of €78,769 in July 2004 to the school in which the unit is located to enable it to provide the additional required accommodation. This amount was 100% of the total cost of the building work involved to cater for these additional children. To date this grant has not been drawn down by the school. When the additional accommodation is in place, the unit will be able to cater for 30 children.

The school in which the unit is located has sought a financial contribution from the Department in consideration of its allowing the unit to operate on the school site. In this regard my Department has recently written to the chairperson of the board of management of the school with proposals to address the issue raised by the school. My officials are awaiting a response from the school to the proposals that have been made.

John Perry

Question:

466 Mr. Perry asked the Minister for Education and Science when the much needed extra classroom will be sanctioned for a school (details supplied) in County Sligo; if she will report on the negotiations that have taken place; the amount of funding that will be granted; when work will commence; and if she will make a statement on the matter. [3418/05]

An extension project at the school to which the Deputy refers has been assessed in accordance with the published prioritisation criteria, which was revised following consultation with the education partners and the project is being considered for the 2005 school building programme.

The Deputy will be aware that I recently announced the first phase of the 2005 school building programme which provided details of 122 major school building projects countrywide which will prepare tenders and move to construction during 2005. This announcement is the first in a series of announcements I plan to make in the coming period on the schools building and modernisation programme that will include details of schools identified as suitable for construction under public private partnerships; an expansion of the number of schools that will be invited to deliver their building projects on the basis of devolved funding; details of schools with projects approved under the 2005 summer works scheme; schools whose projects will further progress through the design process; and schools that will be authorised to commence architectural planning.

John Perry

Question:

467 Mr. Perry asked the Minister for Education and Science if her attention has been drawn to the fact that there are 111 pupils in a school (details supplied) who are in totally inadequate facilities; when she will authorise work to commence on the new school; the timescale involved; and if she will make a statement on the matter. [3419/05]

The building project for the school referred to by the Deputy is at an early stage of architectural planning. I recently announced details of 122 major school building projects that will progress to tender and construction phase over the next 12 to 15 months under the €3.4 billion multi-annual funding secured for the years 2005-09.

I am anxious to ensure that a consistent flow of projects to tender and construction can be sustained into the future. I plan to make a number of announcements in the near future on the 2005 schools building and modernisation programme including details of those school projects which will further progress through the design process. All projects in architectural planning, including the school in question, will be considered as part of this process.

Ruairí Quinn

Question:

468 Mr. Quinn asked the Minister for Education and Science the number of primary and post primary schools in County Meath which have applications for consideration at her Department for building improvements and repairs and for building extensions; the number of schools in County Meath which will receive grant assistance in 2005 for building improvements and repairs and for extensions; and if she will make a statement on the matter. [3458/05]

The information requested by the Deputy is not readily available in my Department. However, if the Deputy has a query about a specific school, I would be happy to provide the information for him.

The Deputy will be aware that I recently announced the first phase of the 2005 school building programme which provided details of 122 major school building projects countrywide which will prepare tenders and move to construction during 2005. This announcement is the first in a series of announcements I plan to make in the coming period on the schools building and modernisation programme that will include details of schools identified as suitable for construction under public private partnerships; an expansion of the number of schools that will be invited to deliver their building projects on the basis of devolved funding; details of schools with projects approved under the 2005 summer works scheme; schools whose projects will further progress through the design process; and schools that will be authorised to commence architectural planning.

School Class Sizes.

Ruairí Quinn

Question:

469 Mr. Quinn asked the Minister for Education and Science if she will identify the 20 biggest primary and post-primary classes in the country; her plans to address big class sizes; and if she will make a statement on the matter. [3459/05]

The 2004 statistical returns from primary schools to my Department indicate that there were five classes with in excess of 40 pupils and 22 classes with between 38 and 39 pupils in the 2003-04 school year.

The system for allocating teachers to primary schools is based on ensuring an overall maximum class in the school size of 29. Where some classes in a school have class sizes of greater than 29, it is generally because a decision has been taken at local level to use their teaching resources to have smaller numbers in other classes.

The Deputy should note that significant improvements have been made in this area in recent years. The average class size at primary level is now 23.9, down from 26.6 in 1996-97. The pupil-teacher ratio, which includes all the teachers in the school including resource teachers, has fallen from 22.2 to 1 in the 1996-97 school year to 17.44 to 1 in 2003-04. More than 4,000 additional teachers, including nearly 2,500 resource teachers have been employed in our primary schools since 1997. These additional teaching posts have been used to reduce class sizes, to tackle educational disadvantage and to provide additional resources for children with special needs.

Significantly smaller class sizes have been introduced in disadvantaged schools involved in the giving children an even break-breaking the cycle programme, with approximately 47,700 pupils in 243 participating schools availing of reduced class sizes of either 15 or 20 pupils per class. In line with the programme for Government commitment, class sizes for the under-nines will continue to be reduced further.

The specific information requested in relation to class size at post-primary level is not readily available within my Department. It is clear that class size at second level is influenced by a combination of factors such as school size, timetabling decisions, teacher allocation, subject expertise and the length of the school day, in addition to decisions made at individual school level of the basis of enrolments, the ability levels of pupils and the programmes offered. In practice, schools are accorded a considerable local discretion in the way in which they organise matters of subject choice, teacher allocation and class size.

The Deputy will be aware that significant improvements have also occurred in the pupil-teacher ratio at second level in recent years. At second level, there was one teacher for every 14 pupils in 2004, down from one for every 16 pupil in 1996-97.

Pre-school Services.

Ruairí Quinn

Question:

470 Mr. Quinn asked the Minister for Education and Science the number of publicly funded pre-school places in County Meath; the way in which this per capita proportion of pre-school places compares with the rest of the country. [3460/05]

My Department funds pre-school places, primarily under schemes aimed at tackling educational disadvantage and for children with special needs.

In 1994-95, the early start pre-school project was established in 40 primary schools in designated areas of urban disadvantage in Dublin, Cork, Limerick, Waterford, Galway, Drogheda and Dundalk. There are no early start pre-schools in County Meath. In addition, my Department currently funds approximately 380 Traveller pre-school places throughout the country, of which 19 places are in County Meath. One Traveller pre-school currently has an application lodged with my Department to offer another 12 places. This application is being examined by officials in my Department at present. The provision of Traveller pre-school places in County Meath compares favourably with provision elsewhere in the country.

My Department has also sanctioned on a pilot basis a facility, which provides an applied behavioural analysis model, ABA, of response to children with autism in County Meath. This facility caters for up to 24 children ranging from three to ten years of age. The Deputy should note that the Departments of Justice, Equality and Law Reform and Health and Children also provide significant funding for pre-school places across the country.

School Enrolments.

Ruairí Quinn

Question:

471 Mr. Quinn asked the Minister for Education and Science the breakdown of the waiting lists for entry to primary and post-primary schools in counties Meath, Louth, Kildare and Wicklow; and if she will make a statement on the matter. [3461/05]

The information requested by the Deputy is not readily available in my Department. Pre-enrolment lists are compiled by schools locally. There is no general requirement to file them with my Department. However, the information can be made available to my Department to support requests for additional resources as such requests arise.

Physical Education Facilities.

Paul McGrath

Question:

472 Mr. P. McGrath asked the Minister for Education and Science the details of the provision in her Department for each of the past five years for physical education equipment in primary schools and post-primary schools; and her views on the need for physical education equipment in schools (details supplied). [3469/05]

My Department's records are held on a project by project basis and this information is not sub-divided in the format requested by the Deputy.

My Department fully recognises the crucial role of physical exercise within the school environment and continues to respond to the need to improve sporting facilities and in particular indoor facilities. It is the policy of my Department to consider the provision for physical education facilities in the design brief for new schools and major extensions to existing schools. A comprehensive equipment schedule is included in the funding package for such facilities, ranging from table-tennis sets to netball and indoor soccer equipment.

In addition, all primary schools receive an annual minor works grant from my Department and it is open to these school management authorities to use this devolved grant for the purchase of physical education equipment provided it is not required for more urgent works.

Student Support Schemes.

Róisín Shortall

Question:

473 Ms Shortall asked the Minister for Education and Science further to Parliamentary Question No. 1120 of 26 January 2005 (details supplied), the location in the guidelines for the scheme of a requirement on third level institutions to assess the extent of demand based on student numbers, the need for rented accommodation, existing supply issues and related factors; the reason there are no guidelines setting out the criteria for carrying out such assessment if it was intended that third level institutions be required to assess the supply and demand, which presumably would also deal with adequacy, standard and price of existing and proposed accommodation in the catchment area; the way in which she has ensured that a consistent, fair and transparent approach has been adopted by all third level institutions in the assessment, particularly those which have a commercial interest as accommodation providers in the market in view of the fact that there are no guidelines setting out the assessment criteria; the stage at which a third level institution should decide to intervene in the market and control the amount of competition in view of the fact that the market, based on price and quality, normally regulates the balance between supply and demand and encourages healthy competition, which is in the interests of students; her views on the obvious conflict of interest that exists when a third level institution is both a provider and regulator; the way in which the implementation of this scheme is being monitored in order to ensure it is achieving its objectives in all areas as similar tax incentive schemes are very transparently monitored by the local authorities; and if that all current proposals will be certified by third level institutions pending revised guidelines being drafted and proper need assessments being undertaken in view of the obvious serious deficiencies in the existing guidelines. [3481/05]

The student accommodation tax incentive scheme is designed to address difficulties in the student accommodation market. Accordingly, the primary focus of the scheme is student welfare by providing an adequate supply of rented accommodation through a tax designated scheme. The guidelines that underpin the scheme require third level institutions to approve of development plans. In paragraph 4 of the guidelines, the rationale for this certification is explained as being in the interest of orderly development. It is appropriate that third level institutions should be quite rigorous in assessing need in order to prevent an oversupply situation. An oversupplied market, partly funded through a tax designated scheme, would certainly not serve the interest of taxpayers or indeed developers.

Third level institutions must work to promote the best interest and welfare of students and the role bestowed on them under the section 50 tax scheme, and the rationale for that role, is consistent with that objective. Their participatory role in providing accommodation is not incongruous with their function of safeguarding and promoting the best interest of students.

Clearly, any inference of non-adherence to these core principles would be a cause of disquiet. Accordingly, any evidence of non-compliance with the guidelines or alleged irregularity should be brought to the attention of my Department.

Psychological Service.

Paul McGrath

Question:

474 Mr. P. McGrath asked the Minister for Education and Science when an appointment with a child psychologist will be confirmed for a person (details supplied) currently on a waiting list. [3489/05]

I understand that the person referred to has already had an educational psychological assessment and that his parents are now waiting for a clinical appointment for him. This is therefore a matter for the relevant health board rather than for my Department.

However, to try to expedite matters, a psychologist from the national educational psychological service, NEPS, has been in touch with the school attended by the person. She has supplied contact details for the local community care psychological service to the school for transmission to the person's parents.

Teachers’ Remuneration.

Dan Neville

Question:

475 Mr. Neville asked the Minister for Education and Science if a person (details supplied) in County Limerick will be recognised for incremental credit in their salary in relation to their time teaching in the private sector on their return to working in public sector teaching. [3507/05]

In accordance with the terms of agreed reports of the conciliation council for teachers, incremental credit may be awarded to second level teachers in respect of approved teaching service. For the purpose of the award of incremental credit, approved teaching service is defined as service given in a fully qualified whole-time capacity in a school that is recognised by my Department. Teaching service given in schools outside of Ireland that is demonstrated to the satisfaction of my Department to be equivalent to approved teaching service may also be considered as acceptable service for credit purposes. Service given in a private second level school, such as the one referred to by the Deputy, is not covered by the terms of the agreed report and therefore does not qualify for the award of incremental credit.

Schools Building Projects.

Phil Hogan

Question:

476 Mr. Hogan asked the Minister for Education and Science when finance will be provided for an extension and refurbishment work on a school (details supplied) in County Wexford; and if she will make a statement on the matter. [3508/05]

My Department has no current application for capital funding from the school to which the Deputy refers. In 2001, however, my Department provided grant aid of almost €43,000 to facilitate an extension project at the school comprising a classroom and ancillary accommodation.

Educational Disadvantage.

Bernard Allen

Question:

477 Mr. Allen asked the Minister for Education and Science the parameters used in deciding on the persons who should qualify under the access programme operated in schools in Cork for admission to third level education. [3509/05]

Students in second level schools in Cork linked to the access programmes of University College Cork and Cork Institute of Technology are encouraged and supported in applying for admission to third level education through the Central Applications Office. Applicants to the CAO are assessed for entry on the basis of performance in the leaving certificate examination and the meeting of admission requirements of individual higher education institutions and courses.

Students in schools linked to the access programmes of UCC as well as those in schools linked to the access programmes of six other higher education institutions — UCD, NUIM, TCD, UL, DCU and DIT — may also apply for a number of third level places through a collaborative entry scheme operated between those institutions. Applications for entry through this scheme are assessed on the basis of attendance at linked schools as well as the achievement of minimum academic entry requirements. A number of socioeconomic criteria are also considered which are family income, parental occupation and parental education levels. The motivation of an applicant in studying at third level is also assessed. Numbers entering the seven participant institutions through this scheme have grown from 300 in 2001 to 700 in the current academic year, 2004-05.

Third Level Education.

Richard Bruton

Question:

478 Mr. Bruton asked the Minister for Education and Science the estimated number of students attending private third level institutes of education; and the nature of the relationship which these colleges have with her Department. [3510/05]

My Department does not regulate provision in private colleges, except insofar as the functions set out below are concerned. The data submitted for statistical purposes to my Department indicates that in 2002/03 6899 students attend courses in non-aided third level colleges, but this information is submitted on a voluntary basis and does not necessarily cover all activity in the private sector.

The Qualifications (Education and Training) Act 1999, provides that the Higher Education and Training Awards Council and the Further Education and Training Awards Council may approve the quality assurance arrangements of institutions in the private sector, validate programmes and make or recognise awards, in compliance with quality criteria. Under section 43 of the Act, the awards councils may not carry out this function unless they are satisfied, in the case of providers offering programmes of at least three month's duration on a commercial or profit making basis, that there are adequate arrangements for protection of learners in place, in the event of that provider ceasing operations. Such protection for learners may be secured under the Act either by having an agreement in place with at least two other providers to enable learners to transfer to continue their programmes should the provider cease operation, or a provision for a refund of fees. It is not obligatory, however, for providers of education and training in the private sector to seek national recognition for their awards.

The schemes of financial assistance for students attending post leaving certificate and higher education courses confine eligibility for grants to students attending approved full time courses in recognised State funded institutions, and to courses in other colleges which are recognised third level courses for the CAO system of entry and are validated by the Higher Education and Training Awards Council. Similarly, eligibility for tax relief for third level fees for students attending courses in private colleges is also confined to courses approved under a code of standards by the Higher Education and Training Awards Council for this purpose.

A further role in relation to private colleges will arise as from 18 April 2005 under revised arrangements announced recently by the Department of Justice, Equality and Law Reform for the granting of access to work to students from countries outside the EU-EEA and Switzerland. This will confine access to work to students attending full time courses of at least one year's duration leading to qualifications recognised by my Department. At present criteria are being developed by my Department for the purpose of inclusion on the register of recognised courses for this purpose. These arrangements will include private sector providers who satisfy the quality criteria.

In addition, I recently launched a report on the internationalisation of Irish education services which sets out a strategy for promoting Ireland as a centre of excellence for international students. The report proposes the development of a quality mark and code of practice, and a mandatory licensing scheme, for colleges in the public and private sector offering courses of more than three month's duration aimed at international students.

My Department is the designated authority for the recognition of courses for the regulated profession of primary school teacher, and as such has a role in the approval of courses in certain private colleges for entry to employment as a national school teacher. In the context of these functions, my Department is in continuing contact with HECA, the Higher Education Colleges Association, which represents third level colleges in the private sector.

Physical Education Facilities.

Jimmy Deenihan

Question:

479 Mr. Deenihan asked the Minister for Education and Science the position regarding the provision of a sports hall and other sporting facilities at the north campus of the Institute of Technology, Tralee, County Kerry; and if she will make a statement on the matter. [3558/05]

The institute of technology in Tralee is currently commencing construction of a grass pitch and all-weather pitch on its north campus. This project, which is due for completion in 2005-06, has been partly funded by my Department.

The recent third level capital review, chaired by Mr Kevin Kelly, has recommended the provision of a new health and leisure studies building in Institute of Technology, Tralee, in the period 2006-08. In November 2004, I announced the end of the freeze on third level capital funding when I gave immediate approval for key projects in the third level sector. The projects selected have been identified as being of a high national priority and include a number of new facilities to support the provision of additional health skills places and the expansion of teacher training places. I also announced the re-introduction of a devolved grant scheme for minor capital works in the institutes of technology sector and I am pleased to advise that IT Tralee received funding under the scheme.

These announcements are the first steps in the process of addressing the infrastructural deficit in the third level sector. There are many further higher education projects recommended for funding in the Kelly report, including projects at IT Tralee, and I will be considering how best to advance a number of these projects in the context of the capital envelope of funding available to me.

Schools Building Projects.

Enda Kenny

Question:

480 Mr. Kenny asked the Minister for Education and Science if approval has been given to provide a new school to replace a school (details supplied) in County Mayo; when official recognition was given to this school; if her attention has been drawn to a situation whereby €60,000 in rent is being paid per year for existing buildings; if her attention has further been drawn to the inadequate facilities that exist and of the availability of suitable sites; and if she will make a statement on the matter. [3642/05]

The school referred to by the Deputy opened in September 1998 with provisional recognition and was granted permanent recognition in 2002. My Department is currently providing grant aid towards the rental of temporary accommodation for the school, at a rate of 95% of the rental costs.

The acquisition of a site for the school referred to by the Deputy is being considered in the context of the schools building and modernisation programme and the Deputy will be aware that I recently announced the first phase of this programme, providing details of 122 major school building projects which will prepare tenders and move to construction during 2005. This is the first in a series of announcements, I plan to make in the coming period that will include the following: details of schools identified as suitable for construction under public private partnerships; an expansion of the number of schools that will be invited to deliver their building projects on the basis of devolved funding; details of schools with projects approved under the 2005 summer works scheme; schools whose projects will further progress through the design process and schools that will be authorised to commence architectural planning.

Jim O'Keeffe

Question:

481 Mr. J. O’Keeffe asked the Minister for Education and Science the situation regarding a new school extension (details supplied). [3643/05]

Aghinagh national school has been offered devolved funding by my Department for a new school building. Discussions between the Department and the board of management of the school are ongoing and an official from the building unit in the Department is visiting the school this week to see if agreement can be reached with regard to the offer of devolved funding.

Jim O'Keeffe

Question:

482 Mr. J. O’Keeffe asked the Minister for Education and Science the situation regarding proposed extensions to schools (details supplied) in County Cork. [3791/05]

The proposed extensions at the schools to which the Deputy refers have been assessed in accordance with the published prioritisation criteria, which was revised following consultation with the education partners and the project is being considered for the 2005 school building programme.

The Deputy will be aware that I recently announced the first phase of the 2005 school building programme which provided details of 122 major school building projects countrywide which will prepare tenders and move to construction during 2005. This announcement is the first in a series of announcements I plan to make in the coming period in relation to the schools building and modernisation programme that will include the following: details of schools identified as suitable for construction under public private partnerships; an expansion of the number of schools that will be invited to deliver their building projects on the basis of devolved funding; details of schools with projects approved under the 2005 summer works scheme; schools whose projects will further progress through the design process and schools that will be authorised to commence architectural planning.

Enda Kenny

Question:

483 Mr. Kenny asked the Minister for Education and Science the position regarding funding for provision of proper toilet facilities at a school (details supplied) in County Mayo; when such work can commence this year; and if she will make a statement on the matter. [3793/05]

An extension and refurbishment project at the school to which the Deputy refers has been assessed in accordance with the published prioritisation criteria, which was revised following consultation with the education partners and the project is being considered for the 2005 school building programme.

The Deputy will be aware that I recently announced the first phase of the 2005 school building programme which provided details of 122 major school building projects countrywide which will prepare tenders and move to construction during 2005. This announcement is the first in a series of announcements I plan to make in the coming period in relation to the schools building and modernisation programme that will include the following: details of schools identified as suitable for construction under public private partnerships; an expansion of the number of schools that will be invited to deliver their building projects on the basis of devolved funding; details of schools with projects approved under the 2005 summer works scheme; schools whose projects will further progress through the design process and schools that will be authorised to commence architectural planning.

Education Schemes.

Jan O'Sullivan

Question:

484 Ms O’Sullivan asked the Minister for Education and Science if she has a role in limiting the number of students who participate in teachers education courses (details supplied); if not, if any State body has such a role; and if she will make a statement on the matter. [3794/05]

The college referred to by the Deputy is a privately-owned institution providing a privately run course which has been accredited by the Higher Education and Training Awards Council, HETAC.

Neither my Department nor any other State body has a role in regulating the number of students enrolled by this privately run college. In order for the course to secure HETAC accreditation, the college complied with HETAC's quality assurance and validation requirements. The graduate diploma conferred at the end of this course is recognised by my Department for the purposes of primary teaching.

Schools Building Projects.

Joe Walsh

Question:

485 Mr. Walsh asked the Minister for Education and Science if the commencement of work on an extension to a school (details supplied) in County Cork will be sanctioned; and if she will make a statement on the matter. [3795/05]

An extension and refurbishment project at the school to which the Deputy refers has been assessed in accordance with the published prioritisation criteria, which was revised following consultation with the education partners and the project is being considered for the 2005 school building programme.

The Deputy will be aware that I recently announced the first phase of the 2005 school building programme which provided details of 122 major school building projects countrywide which will prepare tenders and move to construction during 2005. This announcement is the first in a series of announcements I plan to make in the coming period in relation to the schools building and modernisation programme that will include the following: details of schools identified as suitable for construction under public private partnerships; an expansion of the number of schools that will be invited to deliver their building projects on the basis of devolved funding; details of schools with projects approved under the 2005 summer works scheme; schools whose projects will further progress through the design process and schools that will be authorised to commence architectural planning.

Joe Walsh

Question:

486 Mr. Walsh asked the Minister for Education and Science if the commencement of work on a much needed extension to a school (details supplied) in County Cork will be sanctioned; and if she will make a statement on the matter. [3796/05]

An extension and refurbishment project at the school to which the Deputy refers has been assessed in accordance with the published prioritisation criteria, which was revised following consultation with the education partners and the project is being considered for the 2005 school building programme.

The Deputy will be aware that I recently announced the first phase of the 2005 school building programme which provided details of 122 major school building projects countrywide which will prepare tenders and move to construction during 2005. This announcement is the first in a series of announcements I plan to make in the coming period in relation to the schools building and modernisation programme that will include the following: details of schools identified as suitable for construction under public private partnerships; an expansion of the number of schools that will be invited to deliver their building projects on the basis of devolved funding; details of schools with projects approved under the 2005 summer works scheme; schools whose projects will further progress through the design process and schools that will be authorised to commence architectural planning.

Special Educational Needs.

David Stanton

Question:

487 Mr. Stanton asked the Minister for Education and Science if a blind child (details supplied) who had the assistance of a full time special needs assistant in primary school will continue to have this essential support in her current second level school; the reason it took from March 2004 to December 2005 for her Department to partially respond to the urgent needs of this student; if she will ensure that a full-time assistant is now made available as a matter of extreme urgency; and if she will make a statement on the matter. [3797/05]

Where a pupil with special educational needs enrols in a post-primary school, it is open to the school to apply for additional teaching support and-or special needs assistant support for the pupil.

My Department allocates additional teaching support and special needs assistant support to second level schools and vocational education committees to cater for pupils with special educational needs. Each application is considered on the basis of the assessed needs of the pupil(s) involved and having regard to a range of factors including the overall resources available to the school. An application for additional teaching support and special needs assistant support for a number of pupils including the pupil referred to by the Deputy was received in my Department on 21 June 2004 . The school authority was notified of the outcome of this application on 24 September 2004. Subsequently an appeal was received in my Department on 12 October 2004 and the school authority was notified of the outcome of this appeal on 1 November 2004.

My Department has approved an allocation of 75.62 hours teaching support per week and 45 hours special needs assistant support per week to the school in question to cater for the special educational needs of a number of pupils, including the pupil to which the Deputy refers. The level of support allocated was determined after detailed consideration of the school's application, the supporting documentation provided and having regard to the overall level of resources already available to the school to address special needs issues.

If the school authority is of the view that the existing approved allocation is incapable of addressing the current level of assessed special needs within the school and additional information to that already submitted becomes available, my Department will be prepared to reconsider the case.

Higher Education Grants.

Ned O'Keeffe

Question:

488 Mr. N. O’Keeffe asked the Minister for Education and Science the additional financial support which is available to parents (details supplied) in County Cork who have three children in third level education. [3798/05]

Financial assistance is available to students under the higher education grants scheme, which is administered by the local authorities under the aegis of my Department. The position is that, generally speaking, students who are entering approved courses for the first time are eligible for grants where they satisfy the relevant conditions as to age, residence, means, nationality and previous academic attainment. An approved course for the purpose of the higher education grants scheme means a full-time undergraduate course of not less than two years duration and a full-time postgraduate course of not less than one years duration pursued in an approved institution.

I understand that two of the students in question are in receipt of a higher education grant from Cork County Council, while the third student is in receipt of a vocational education scholarship grant from County Cork VEC. Apart from the funding provided through the student support maintenance grant schemes, financial assistance is also available from the Department through the student assistance fund. The objective of the fund is to assist students, in a sensitive and compassionate manner, who might otherwise, due to their financial circumstances, be unable to continue their third level studies. Further information on this fund is available from the student access officer at the relevant college.

Another initiative under the third level access fund is the millennium partnership fund for disadvantage. The objective of this fund is to support students from disadvantaged areas with regard to retention and participation in further or higher education courses. Partnership companies and community groups manage the fund locally. Area Development Management manages the fund for the Department of Education and Science. Under the fund, eligible actions may include the following but will be dependent on the individual partnership or community group: financial supports to meet student participation costs; provision of information, for example, guidance and mentoring; and study supports including tuition, study skills.

Vocational Education Committees.

Seán Ó Fearghaíl

Question:

489 Mr. Ó Feargháil asked the Minister for Education and Science the number of vocational education committees that have not yet been fully reconstituted in the aftermath of the 2004 local elections; the reason for the delay; and if she will make a statement on the matter. [3815/05]

Pursuant to section 7 of the Vocational Education (Amendment) Act 2001, the revised composition of the new vocational education committees provides, for the first time, for the election of members by parents and VEC staff. In addition to members elected by the local authority from among the members of the local authority concerned, the Act provides for the appointment by the local authority of a further four members from among nominated representatives of community, voluntary and other interests as set out in the Act.

The first meeting of the new committees have been held or have been fixed in the case of all VECs except in the case of County Kildare VEC and County Meath VEC. I understand that the reasons for delay is due to the finalising of the appointment process by the local authorities of the further four members referred to above. It is expected that this appointment process will be completed shortly and that the first meeting with the new committees concerned can take place in February.

Schools Building Projects.

Brendan Howlin

Question:

490 Mr. Howlin asked the Minister for Education and Science the position in relation to the application of a school (details supplied) in County Wexford for an extension and refurbishment to the existing school premises; and if she will make a statement on the matter. [3816/05]

My Department has no current application for capital funding from the school to which the Deputy refers. In 2001, however, my Department provided grant aid of almost €43,000 to facilitate an extension project at the school comprising a classroom and ancillary accommodation.

School Staffing.

Michael Lowry

Question:

491 Mr. Lowry asked the Minister for Education and Science if her attention has been drawn to the potential staffing crisis in a primary school (details supplied) in County Tipperary; the reason for allowing such a crisis develop in view of the projected enrolment figures in 2005-06; and if she will make a statement on the matter. [3817/05]

The staffing of a primary school is determined by reference to the enrolment of the school on 30 September of the previous school year. The actual number of mainstream posts sanctioned is determined by reference to a staffing schedule and is finalised for a particular year following discussions with the education partners. The mainstream staffing of the school referred to by the Deputy for the current school year is a principal and three mainstream class teacher posts based on the enrolment of 85 pupils on 30 September, 2003.

According to data submitted to my Department by the board of management, the enrolment on 30 September 2004 was 75 pupils. The staffing for the 2005-06 school year will be determined on the basis of this figure and in accordance with the agreed staffing schedule which is expected to be notified to boards of management in February-March 2005.

As outlined in primary Circular 19/02, an independent appeals board was established to adjudicate on appeals from boards of management on mainstream staffing allocations in primary schools. The appeals board operates independently of the Minister and my Department and its decision is final. Appeals must be submitted to primary payments section, Department of Education and Science, Athlone, on the standard application form, clearly stating the criterion under which the appeal is being made.

I am sure the Deputy will appreciate that it is not appropriate for me to intervene in the operation of the independent appeals board.

Schools Building Projects.

Michael Lowry

Question:

492 Mr. Lowry asked the Minister for Education and Science if she will consider granting the additional funds necessary to a primary school (details supplied) in County Tipperary; and if she will make a statement on the matter. [3818/05]

As part of the expansion of the devolved scheme for primary school building works a grant of €100,000 was sanctioned to enable the management authorities of the school in question to provide an additional classroom.

The initiative allows boards of management to address their accommodation and building priorities with a guaranteed amount of funding and gives boards of management control of the building project. My Department does not intend increasing the amount of grant offered to the school. This is because a central tenet of the devolved scheme is that the school, granted discretion and funding, must equally accept responsibility for prioritisation, control of costs and ensuring value for money.

Tony Gregory

Question:

493 Mr. Gregory asked the Minister for Education and Science if a school (details supplied) in Dublin 3 has requested funding under the summer works scheme for 2005; the nature of the work for which funding is requested; if this type of work is normally covered by the scheme; when a decision will be made; and if she will make a statement on the matter. [3819/05]

The school to which the Deputy refers has submitted an application for grant aid under the summer works scheme 2005, SWS, for an upgrade of toilet facilities. The scope of the scheme covers this work type. All SWS applications are currently being assessed in the school planning section of my Department. I intend to publish the list of successful applicants shortly.

School Transport.

Denis Naughten

Question:

494 Mr. Naughten asked the Minister for Education and Science if she will furnish a final reply to a query raised with the school transport section of her Department in September 2004 (details supplied). [3848/05]

I am pleased to advise the Deputy that the pupil referred to in the details supplied has been facilitated with transport to the school in question since September 2004.

Vocational Training Opportunities Scheme.

Denis Naughten

Question:

495 Mr. Naughten asked the Minister for Education and Science her plans to restructure the VTOS training scheme; if she plans to review the content of the courses; and if she will make a statement on the matter. [3849/05]

The vocational training opportunities scheme, VTOS, is a second chance education and training programme of up to two years duration, for adults aged 21 years and older who have been unemployed for at least six months. The scheme is one element of my Department's provision for further and adult education, delivered by the vocational education committees. Course content is decided upon by the VECs in response to participant and local needs. The scheme is education-led, vocationally-oriented and progression-focused. Courses offered concentrate on the development of participants' employment-related skills, including technological and business skills, as well as personal and social skills. Certification is available at a range of levels, including the junior and leaving certificates, and levels 3, 4 and 5 on the national framework of qualifications.

I have no plans to restructure the scheme at the present time.

Site Acquisitions.

Paul McGrath

Question:

496 Mr. P. McGrath asked the Minister for Education and Science the progress to date in purchasing a site for a school (details supplied) in Dublin 15; the progress in providing a new secondary school at Phibblestown, Dublin 15; and if she will make a statement on the matter. [3868/05]

The property management section of the Office of Public Works, which acts on behalf of my Department in relation to site acquisitions generally, is in negotiations for the purchase of a site for the primary school referred to by the Deputy. A new post-primary school to serve emerging needs in the Dublin 15 area will be located at Phibblestown. Negotiations regarding the acquisition of a site are ongoing.

Due to the commercial sensitivities of site acquisitions, it is not proposed at this stage to identify specific sites to be acquired. However, this information will be placed on my Department's website when the relevant acquisitions have been completed. Plans for the delivery of the school buildings will be made when the site has been acquired.

Schools Refurbishment.

Paul McGrath

Question:

497 Mr. P. McGrath asked the Minister for Education and Science her views on whether a school (details supplied) in Dublin 15 is in need of a major refurbishment; and if she will make a statement on the matter. [3869/05]

The school to which the Deputy refers has applied to my Department for capital grant aid for a major refurbishment project. Its application has been assessed in accordance with the published prioritisation criteria, which were revised following consultation with the education partners. Progress on this project is being considered in the context of the school building programme.

In this regard, the Deputy will be aware that I recently announced the first phase of the 2005 school building programme which provided details of 122 major school building projects countrywide which will prepare tenders and move to construction during 2005.

This announcement is the first in a series of announcements I plan to make in the coming period in relation to the schools building and modernisation programme that will include: details of schools identified as suitable for construction under public private partnerships; an expansion of the number of schools that will be invited to deliver their building projects on the basis of devolved funding; details of schools with projects approved under the 2005 summer works scheme; schools whose projects will further progress through the design process; schools that will be authorised to commence architectural planning.

Schools Building Projects.

Paul McGrath

Question:

498 Mr. P. McGrath asked the Minister for Education and Science if she will report on the commencement date for the construction of a school (details supplied) in Dublin 15; and if she will make a statement on the matter. [3870/05]

I am pleased to advise the Deputy that construction is expected to commence in the coming weeks on the new school in question.

Third Level Fees.

Róisín Shortall

Question:

499 Ms Shortall asked the Minister for Education and Science if an examination will be carried out on the case of a person (details supplied) in Dublin 9, as an example of the total inadequacy of income support for mature students with low income; her plans to improve such supports; her views on whether a total of €120 per month in income support is completely inadequate for a mature student to live on; if she will address the continuing inequity that mature students with little income but who are not resident in partnership areas experience; and if she will make a statement on the matter. [4005/05]

My Department operates four student maintenance grant schemes which comprise the post leaving certificate scheme and three schemes which relate to third level courses. The schemes are administered by the VECs and local authorities on behalf of my Department. Under the prescribed conditions of all four schemes maintenance grants are payable at either the adjacent or the non-adjacent rate.

The adjacent rate of maintenance grant is payable where the grantholder's normal residence is 15 miles or less from the college or PLC centre which he-she is attending. The non-adjacent rate of maintenance grant is payable in all other cases, with the exception of all eligible mature students who, with effect from the 1999-2000 academic year, qualify for the higher non-adjacent rate of grant.

My Department understands from City of Dublin VEC, the administering body in this case, that the student in question does not meet the definition of a mature student, that is, was not at least 23 years of age on 1 January of the year of entry or re-entry to an approved course. The Department also understands that the student resides within 15 miles of the PLC centre which she is attending. The student has correctly been awarded the full adjacent rate of ordinary maintenance grant.

The Deputy will be also be aware of the special rate of maintenance which is targeted at disadvantaged students.

Eligibility is determined by reference to an income threshold and receipt of a long-term social welfare payment as set out below: applicants must qualify for the ordinary maintenance grant for the relevant academic year; total reckonable income limit in the relevant tax year must not exceed a specified lower income threshold, which is net of standard exclusion, as set out in the maintenance grant schemes and, where applicable, net of the social welfare child dependants allowance payments; as at 31 December of the relevant tax year the source of income must include one of the specified eligible social welfare payments. It is understood that the candidate in question does not meet these conditions.

The Deputy will be aware that my Department has in place, through the National Office for Equity of Access to Third Level Education, a third level access fund which includes the following initiatives: the fund for students with disabilities, the student assistance fund and the millennium partnership fund. The fund for students with disabilities is available to both third level students and students attending approved PLC courses.

The student assistance fund, SAF, is available to students attending approved third level institutions. The objective of the SAF is to assist students in a sensitive and compassionate manner who might otherwise, because of financial reasons, suffer severe hardship or be unable to continue their third level studies.

The final initiative under the third level access fund is the millennium partnership fund for disadvantage. The objective of this fund is to support students from disadvantaged areas with regard to retention and participation in further or higher education courses. Partnership companies and community groups manage the fund locally. Area Development Management, ADM, manages the fund for the Department of Education and Science. Under the fund, eligible actions may include the following but will be dependent on the individual partnership or community group: financial supports to meet student participation costs; provision of information, for example, guidance and mentoring; and study supports including tuition, study skills.

A National Office for Equity of Access to Higher Education has been established within the Higher Education Authority and this will promote improved participation by students from socio-economically disadvantaged backgrounds, students with a disability and mature ‘second chance' students. A number of senior staff have been recruited, including head of office, and the office is now operational, taking over the administration of a number of access measures from my Department — the student assistance fund, the fund for students with disabilities and the millennium partnership fund for disadvantage as well as the access element of the Higher Education Authority's targeted initiatives.

Departmental Properties.

Finian McGrath

Question:

500 Mr. F. McGrath asked the Minister for Education and Science her views on correspondence (details supplied) on the Grangegorman Development Agency Bill; and if the maximum support and assistance will be given to the Dublin inner city partnership on this issue. [4007/05]

The Dáil Select Committee on Education and Science concluded Committee Stage of the Grangegorman Development Agency Bill on 16 December 2004. The purpose of this Bill is to establish an agency whose function, in the first instance, is to prepare a strategic planning scheme for the Grangegorman site. The plan must provide for the needs of the Dublin Institute of Technology, the Health Service Executive and the Ministers for Education and Science and Health and Children. The Bill provides for wide-ranging consultation with all the parties that may have an involvement in the site. This ranges from those who are directly concerned, including local residents, DIT, Health Service Executive and Dublin City Council, to those parties whose future involvement may have a bearing on the site reaching its full potential such as IDA Ireland and Dublin Bus. The Department of Transport will also have a major input because of the public transport requirements of the developed site. In addition the Bill provides for a local resident to be nominated to the agency.

While the legislation concerns the development of the site at Grangegorman as an educational and health facility, provision has been made to facilitate consultation, participation and involvement of the local community in the development of the site. I am satisfied that adequate provision has been made for consultation with all relevant interested parties and to make provision for one such party above the interests of all others would be counter-productive in the context of the development of the site.

Bullying in Schools.

Billy Timmins

Question:

501 Mr. Timmins asked the Minister for Education and Science if there is a requirement on schools to have a bullying statement; the level of compliance with the requirement; the way in which it is monitored; and if she will make a statement on the matter. [4043/05]

Under my Department's guidelines on countering bullying behaviour in schools, all schools are recommended to have in place a policy which includes specific measures to deal with bullying behaviour, within the framework of an overall school code of behaviour and discipline. Such a code, properly devised and implemented, can be the most influential measure in countering bullying behaviour in schools. Schools are not required to report to my Department on the implementation of the guidelines. However, in the course of whole school evaluations, my Department's inspectors have noted that the vast majority of schools have such policies in place. In addition, my Department funds a number of support services which provide direct assistance to schools in developing such policies.

Decentralisation Programme.

Billy Timmins

Question:

502 Mr. Timmins asked the Minister for Education and Science the number of personnel who, on applying for promotion in her Department since January 2004, have been required to sign an agreement that they are willing to decentralise; how many of them refused to sign the agreement; if this impacted on their promotion or otherwise; and if she will make a statement on the matter. [4077/05]

With regard to internal promotion for administrative grades in my Department, since December 2003 all office notices inviting applications for promotion have referred to the Government's decentralisation programme and have stated that the acceptance of an offer of promotion from the competition may be conditional on the outcome of discussions taking place between the Department of Finance and the staff unions regarding promotion in the context of decentralisation. To date, no officers who have accepted substantive promotions from internal competitions have been required to give an undertaking with regard to decentralisation.

Since September 2004, 13 officers appointed from the Public Appointments Service and promoted and assigned to my Department have accepted decentralisation to either Mullingar or Athlone as a condition of same.

Defence Forces Equipment.

Enda Kenny

Question:

503 Mr. Kenny asked the Minister for Defence if, under the Irish Red Cross Society, Directions as to Ambulance Service, Order 1955, Red Cross ambulances are not to be used for commercial hire or offered for commercial hire; his views on such service now being provided at a location (details supplied) in County Mayo; if this service is for hire. [3757/05]

The Irish Red Cross Society, Directions as to Ambulance Service, Order 1955 — SI 251 of 1955 — imposes certain constraints on the use of Red Cross ambulances for hire. Thereafter, the matter is an operational matter for the Irish Red Cross and I have no role in its executive decisions.

Defence Forces Personnel.

David Stanton

Question:

504 Mr. Stanton asked the Minister for Defence the number of Defence Force personnel who have been hospitalised in 2004, 2003 and 2002; the number of these that have been senior officers, junior officers and other ranks respectively; and if he will make a statement on the matter. [4010/05]

The information requested by the Deputy is being compiled and will be forwarded to him at a later date.

Defence Forces Property.

Billy Timmins

Question:

505 Mr. Timmins asked the Minister for Defence the acreage of lands belonging to the Department of Defence at Gormanston, County Meath which were sold; what funding was received for this; and if he will make a statement on the matter. [4044/05]

The Government decided on 1 July 2003 that lands at Gormanston, County Meath would be among the State lands released for inclusion in the Sustaining Progress affordable housing initiative.

The modalities for the transfer of lands at Gormanston to the relevant local authority are under active consideration and my Department is in ongoing communication with the Department of the Environment, Heritage and Local Government in this regard.

Decentralisation Programme.

Billy Timmins

Question:

506 Mr. Timmins asked the Minister for Defence the number of personnel who, on applying for promotion in his Department since January 2004, have been required to sign an agreement that they are willing to decentralise; how many of them refused to sign the agreement; if this impacted on their promotion or otherwise; and if he will make a statement on the matter. [4078/05]

Since January 2004 there have been three personnel, who on being promoted in my Department were required to sign an undertaking that they would relocate to Newbridge under the decentralisation programme. To date, no one has refused to sign the undertaking.

Fisheries Protection.

John Perry

Question:

507 Mr. Perry asked the Minister for Defence the reason he stated that Irish fishing vessels are more likely to be in breach of fisheries legislation than foreign vessels when a number of European Commission reports have stated that vessels here make up only 1% of EU infringements (details supplied); and if he will make a statement on the matter. [4086/05]

I assume the Deputy is referring to my answer to a parliamentary question on 26 January 2005, concerning the proportion of inspections carried out by the Naval Service while on fishery protection duties which relate to Irish fishing vessels. The statistics on hand demonstrate that Irish fishing vessels inspected by the Naval Service in the Irish patrol area are more likely to be in breach of fisheries legislation than foreign vessels inspected. For example, in 2003, only 44% of vessels boarded and inspected by the Naval Service were Irish. However, 63% of all warnings issued were issued to Irish vessels and 77% of vessels detained were Irish. Similarly, in 2002, 46% of vessels boarded and inspected were Irish. Some 81% of all warnings issued were issued to Irish vessels and 61% of all vessels detained were Irish. Therefore it can be seen that while the percentage of foreign vessels in the patrol area boarded and inspected by the Naval Service was greater than the percentage of Irish vessels so inspected, the percentage of inspections which gave rise to warnings or detentions was significantly higher in the case of Irish vessels.

The European Commission report referred to by the Deputy documents serious infringements of the Common Fisheries Policy as reported by 15 member states and any queries in this regard are a matter for my colleague, the Minister for Communications, Marine and Natural Resources.

Water and Sewerage Schemes.

Paddy McHugh

Question:

508 Mr. McHugh asked the Minister for the Environment, Heritage and Local Government when his Department will approve the tender documents concerning the design, build and operation of a sewerage plant; when his Department will approve the tender recommendation report regarding the civil works and sewage network element of the scheme at Dunmore, County Galway; when it is envisaged construction of the works will commence; and if he will make a statement on the matter. [4329/05]

Paddy McHugh

Question:

532 Mr. McHugh asked the Minister for the Environment, Heritage and Local Government when he will approve the tender documents concerning the design, build and operation of a sewerage plant at a location (details supplied) in County Galway; when construction of the works will commence; and if he will make a statement on the matter. [4087/05]

Paddy McHugh

Question:

533 Mr. McHugh asked the Minister for the Environment, Heritage and Local Government when he will approve the tender recommendation report regarding the civil work and sewerage network element of the scheme at a location (details supplied) in County Galway; when construction of the works will commence; and if he will make a statement on the matter. [4088/05]

I propose to take Questions Nos. 508, 532 and 533 together.

The Dunmore sewerage scheme has been approved for construction in my Department's Water Services Investment Programme 2004-2006 under the rural towns and villages initiative.

Galway County Council's tender documents for the wastewater treatment plant for this and a number of other locations in the county being advanced as a grouped design, build and operate contract are being examined in my Department and will be dealt with as quickly as possible. The council's tender recommendation in respect of the collection system for the Dunmore and Kilkerrin sewerage schemes is under examination in my Department on foot of additional information received from the council in December 2004.

Local Authority Housing.

John Perry

Question:

509 Mr. Perry asked the Minister for the Environment, Heritage and Local Government if he has received an application from Sligo Borough Council for the provision of central heating in houses; when a decision will be made as this is a basic requirement; and if he will make a statement on the matter. [3374/05]

In July 2004 my Department introduced a special programme for the installation of central heating in existing local authority rented dwellings. The closing date for receipt of applications under last year's scheme was 31 August 2004. The programme has recently been extended for a further period with the objective of ensuring that all local authority rented dwellings have central heating. Details of the terms and conditions of the current year's scheme have recently been issued to local authorities. Proposals were submitted to my Department by Sligo Borough Council in December 2004. It is now a matter for the council to revise the proposals having regard to the current terms and conditions of the scheme including compliance with a competitive tendering process in accordance with normal practice and requirements.

John Perry

Question:

510 Mr. Perry asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the fact that up to 500 new homes are required by Sligo County Council for local authority housing; his plans to address this need urgently; and if he will make a statement on the matter. [3375/05]

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. My Department 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 outcome in 2004.

In association with this funding, my Department has initiated the development by local authorities of new five year action plans for social and affordable housing, to ensure a systematic and integrated approach to the effective use of these resources. I consider that given the nature of continual housing need, the preparation of these action plans is beneficial to local authorities in identifying priority needs over the coming years and providing a coherent and co-ordinated response across all housing services, including delivery of housing by the voluntary and co-operative housing sector. Two thirds of these plans, including the action plan for Sligo County and Borough Councils have already been approved by my Department and the remainder are likely to be approved within a matter of weeks.

Local Authority Funding.

John Perry

Question:

511 Mr. Perry asked the Minister for the Environment, Heritage and Local Government if he has received an application for designation of funding under the remedial works scheme by Sligo Borough Council; when the funding will be allocated; and if he will make a statement on the matter. [3376/05]

There are no current applications with my Department from Sligo Borough Council for the designation of an estate for refurbishment under the remedial works scheme. However, I understand that the borough council intends to submit proposals shortly to my Department to undertake refurbishment work on houses in an estate which has already been designated for funding under the scheme.

Fire Stations.

John Perry

Question:

512 Mr. Perry asked the Minister for the Environment, Heritage and Local Government when he will make a decision on the application for funding for the refurbishment and extension of Sligo fire station to accommodate the size of the fire engine given the urgent need for the facility; the amount of funding that will be granted; when work will commence; and if he will make a statement on the matter. [3377/05]

John Perry

Question:

513 Mr. Perry asked the Minister for the Environment, Heritage and Local Government the progress made on the provision of a new fire station in Ballymote, County Sligo; the reason for the delay in releasing the authorisation; the amount of funding that will be granted; when work will commence; and if he will make a statement on the matter. [3378/05]

I propose to take Questions Nos. 512 and 513 together.

An application from Sligo County Council for funding for improvement works to Sligo HQ fire station is being considered in my Department in the context of the fire services capital programme having regard to the overall availability of resources and priorities under the programme. There is no formal application before my Department at present for a new fire station in Ballymote.

Waste Management.

Arthur Morgan

Question:

514 Mr. Morgan asked the Minister for the Environment, Heritage and Local Government concerning waste management, the amount of revenue allocated to prevention and minimisation of waste, to reusing, to recycling, to composting and to the landfilling of waste in each of the past five years. [3412/05]

Government policy is premised on the promotion of the sustainable use of natural resources and the reduction of negative environmental impacts. This process is not confined to the waste phase but also relates to such areas as the use of raw materials, production processes, energy efficiency and the application of more ecologically efficient methods as well as the sound environmental management of products at the end of their lives. Thus, waste management is a shared responsibility and embraces a broad perspective and range of responsibilities, including financial, on stakeholders, both public and private.

The Government's approach is based on the internationally recognised waste management hierarchy of prevention and minimisation, significantly increased levels of recycling, energy recovery and finally, utilising landfill as the last resort for residual waste that cannot otherwise be recovered.

Detailed national policy on waste management is outlined in three Government policy statements on waste management: Changing Our Ways, 1998; Delivering Change, 2002; and Taking Stock, Moving Forward, 2004. These publications are available in the Oireachtas Library.

My Department's allocations towards the prevention and minimisation of waste including composting, re-use and recycling each of the last five years which are set out in the following table:

Description

2000

2001

2002

2003

2004

€000

€000

€000

€000

€000

Environment awareness, including the race against waste campaign

1,775

1,778

1,901

3,927

3,707

National waste prevention, market development and recycling programmes

3,800

3,947

North-South Ministerial Council waste management, including North-South scheme for the management of waste fridges and freezers and INTERREG

76

80

1,580

2,646

Subvention of local authority recycling operational costs.

5,000

7,000

Waste management, including recycling projects, 2000 to 2002; waste management infrastructure 2003 and 2004.

10,437

13,937

31,110

29,000

40,000

These supplemented significant own source expenditure by local authorities and Repak, the industry-based producer responsibility initiative for packaging waste recycling. My Department does not fund or subsidised landfill operations. These are the responsibility of local authorities and are based on charges applied in accordance with the polluter pays principle. Annual allocations include committed funding not drawn down in the previous year. Allocations for 2005 will be announced shortly.

Environmental Policy.

Arthur Morgan

Question:

515 Mr. Morgan asked the Minister for the Environment, Heritage and Local Government the breakdown of all moneys collected from the environmental levy since its introduction, along with a detailed account of the areas to which the money has been allocated. [3413/05]

Environmental levies on plastic bags were introduced by the Waste Management (Environmental Levy) (Plastic Bag) Regulations 2001 and on landfill by the Waste Management (Landfill Levy) Regulations 2002. Levies remitted to my Department and lodged in the environment fund up to 31 December 2004 amounted to €33.3 million in respect of plastic bags and €67.8 million in respect of landfilled waste.

Section 74(9) of the Waste Management Act 1996 (as inserted by Section 12 of the Waste Management (Amendment) Act 2001) and the Waste Management (Environment Fund) (Prescribed Payments) Regulations 2003, specify the purposes for which payments may be made from the environment fund.

Up until 31 December 2004, annual allocations from the environment fund were as follows:

Description

2002

2003

2004

€000

€000

€000

Air quality

107

114

Blue flag scheme

87

90

Contributions to international organisations

2,203

2,478

Environment awareness, including the race against waste campaign

3,927

3,707

Environmental levy start up and collection costs

1,558

350

1,000

Litter initiatives

1,044

1,207

Local authority enforcement initiatives

5,000

7,098

Miscellaneous — printing publishing consultancies etc.

300

1,182

National waste prevention, market development and recycling programmes

3,800

3,947

North-South Ministerial Council waste management, including North-South scheme for the management of waste fridges and freezers and INTERREG

1,580

2,646

Office of Environmental Enforcement

750

2,500

Producer responsibility Initiatives

1,000

1,493

Research & Development — Environmental Protection Agency

7,250

Reserves

500

600

Subvention of local authority recycling operational costs

5,000

7,000

Sustainable development

250

228

Waste management infrastructure

2,084

29,000

40,000

Water quality, protection & improvement & research

73

76

Annual allocations include committed funding not drawn down in the previous year. Allocations for 2005 will be announced shortly.

Election Management System.

Paul McGrath

Question:

516 Mr. P. McGrath asked the Minister for the Environment, Heritage and Local Government the number of electronic machines which were purchased by his Department for electronic voting; the locations at which these machines are stored and the numbers at each location; the tendering process that was entered into in order to find warehouse storage for these machines; the name and location of the successful persons or companies for their storage facilities; the annual cost per location for these storage facilities; and if he will make a statement on the matter. [3471/05]

The procurement of appropriate secure storage accommodation for electronic voting machines and ancillary equipment is the responsibility of returning officers, who are statutorily charged with conducting elections and referenda. Details in relation to voting machines and information provided to my Department by returning officers concerning storage arrangements, are set out in the following table.

Constituency

No. of voting machines

Location of storage premises

Annual storage costs (rent, insurance, service charges, rates etc.)

Carlow

115

Mortarstown

28,506

Kilkenny

135

Cavan

148

Monaghan Town

25,828

Monaghan

140

Clare

200

Ennis

10,800

Cork County

425

Togher

37,609

Cork City

505

Ballygarvan

27,208

Donegal

295

Letterkenny

9,293

Dublin City

777

Ballycoolin

65,000

Dublin County

768

Finglas

62,939

Galway

310

Galway City

5,253

Kerry

310

Tralee

26,125

Kildare

275

Clane

27,126

Laois

100

Portlaoise

28,178

Offaly

120

Limerick

335

Limerick City

57,676

Longford

90

Longford Town

2,995

Roscommon

142

Roscommon Town

10,375

Louth

180

Dundalk

298

Mayo

370

Castlebar

34,930

Meath

265

Navan

20,366

Sligo

130

Sligo Town

Nil

Leitrim

100

Carrick on Shannon

Nil

Tipperary North and South

408

Clonmel

42,700

Waterford

195

Waterford City

52,888

Westmeath

175

Mullingar

22,805

Wexford

240

Drinagh

16,875

Wicklow

245

Kilcoole

42,456

DoEHLG

6

Custom House, Dublin

Nil

Total

7,504

658,229

My Department did not seek detailed information on ownership of premises used by returning officers for storage purposes and does not have this information on a comprehensive basis. However, a number of returning officers have also included such information and this is set out in the following table. In the future, it will be important to ensure that the necessary storage facilities are provided as economically and cost efficiently as possible, and my Department will work with the relevant interests to this end.

Constituency

Location of Storage Premises

Owners

Donegal

Letterkenny

Secure Storage

Dublin City

Ballycoolin

Mr. Brendan Walsh Ms. Cara Walsh

Dublin County

Finglas

Mr. John Fitzpatrick

Limerick

Limerick City

Ashling Microsystems Ltd.

Waterford

Waterford City

Johnstown Properties Ltd.

Westmeath

Mullingar

Mr. Peadar Conlon

Local Authority Housing.

Paul McGrath

Question:

517 Mr. P. McGrath asked the Minister for the Environment, Heritage and Local Government the number of persons on the council waiting list for housing in County Longford. [3472/05]

The most recent statutory assessment of local authority housing need was undertaken by local authorities in March 2002. The number of households in need of housing in the two local authorities in County Longford at that time is set out in the following table.

Local authority

No. of households on the waiting list at end March 2002

Longford County Council

374

Longford Town Council

159

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.

Paul McGrath

Question:

518 Mr. P. McGrath asked the Minister for the Environment, Heritage and Local Government the number of council houses built in County Longford in each of the past five years. [3473/05]

Information on the number of houses completed by the two local authorities in County Longford for each of the past five years under the local authority housing construction-acquisition programme is set out in the following table.

Local authority housing completions-acquisitions

Local authority

2000

2001

2002

2003

2004 (end September)

Longford County Council

49

138

93

74

19

Longford Town Council

18

8

34

2

0

Completions-acquisitions figures for the full year 2004 will be available in the 2004 annual Housing Statistics Bulletin which will be published in due course.

Social and Affordable Housing.

Paul McGrath

Question:

519 Mr. P. McGrath asked the Minister for the Environment, Heritage and Local Government the number of affordable houses built in County Longford in each of the past five years. [3474/05]

Information on activity under the various affordable housing schemes in each local authority area is published in my Department's Housing Statistics Bulletins, copies of which are available in the Oireachtas Library.

Election Management System.

Paul McGrath

Question:

520 Mr. P. McGrath asked the Minister for the Environment, Heritage and Local Government the ancillary equipment, as distinct from the electronic machines, that was procured in relation to the equipment to facilitate e-voting here; the nature of this equipment; the parts that were sourced here; if there was a tendering process for the provision of this ancillary equipment; the names of the contractors who were awarded these contracts; the location of the warehousing or storage at which this equipment is housed; if there was a tendering process for the provision of this storage; the name of the successful tenderer; and the annual cost of providing this storage space. [3475/05]

Information requested on ancillary equipment procured as part of the electronic voting and counting project is set out in the following table. No detailed information is available in my Department on the sourcing of the parts concerned:

Ancillary Equipment

Procurement

Organised By

Contract Awarded To

Customised Tilt Tables for Voting Machines (for access by disabled voters)

Open Tender Competition

OPW on behalf of the Department of the Environment, Heritage and Local Government.

Peter Cahill Engineering Ltd., Merrywell Business Park, Ballymount Road, Dublin 22.

Transport Trolleys for Voting Machines

Open Tender Competition

OPW on behalf of the Department of the Environment, Heritage and Local Government.

Loredo Ltd., Unit 120, Ashbourne Industrial Estate, Ashbourne, Co. Meath.

Hand Trucks for Voting Machines

Open Tender Competition

OPW on behalf of the Department of the Environment, Heritage and Local Government.

Farrell O’Brien Service Ltd., Killeen Road, Dublin 12.

Back-up Batteries for Voting Machines

Open Tender Competition

Department of the Environment, Heritage and Local Government.

Hi-Volt Ireland Ltd., Ballyduff, Thurles, Co. Tipperary.

Storage Cases for Ballot Modules and Programme Reading Units

Open Tender Competition

OPW on behalf of the Department of the Environment, Heritage and Local Government.

Topper Cases Ltd., St. Peter’s Hill, Huntingdon, Cambridgeshire, PE29 7DX, England.

Regarding storage arrangements, I refer to the reply to Question No. 516 on today's Order Paper.

Social and Affordable Housing.

Cecilia Keaveney

Question:

521 Cecilia Keaveney asked the Minister for the Environment, Heritage and Local Government the position regarding a social housing scheme application (details supplied) in County Donegal; and if he will make a statement on the matter. [3480/05]

I assume that the question refers to assistance from my Department under the voluntary housing capital assistance and communal facilities grant schemes. My Department's involvement with the voluntary housing schemes relates primarily to the provision of funds for individual projects. The administration of the scheme, and the certification that particular projects comply with the terms of the scheme, are the responsibility of the local authority. An application for funding under the voluntary housing capital assistance grant scheme has been received from Donegal County Council and additional information sought from the council is awaited. When this is to hand, the application will be further considered by my Department and the council will be advised of the outcome as soon as possible.

Cecilia Keaveney

Question:

522 Cecilia Keaveney asked the Minister for the Environment, Heritage and Local Government the position regarding a social housing scheme application (details supplied) in County Donegal; and if he will make a statement on the matter. [3482/05]

I assume that the question refers to assistance from my Department under the voluntary housing capital assistance and communal facilities grant schemes.

My Department's involvement with the voluntary housing schemes relates primarily to the provision of funds for individual projects. The administration of the scheme, and the certification that particular projects comply with the terms of the scheme, are the responsibility of the local authority.

An application for funding under the voluntary housing capital assistance grant scheme has been received from Donegal County Council and is under consideration. The council will be advised of the outcome as soon as possible.

Private Rented Accommodation.

Richard Bruton

Question:

523 Mr. Bruton asked the Minister for the Environment, Heritage and Local Government the number of units of private rented accommodation in use or available for use; and the number of these which are registered with the appropriate authority as required by law. [3511/05]

The Residential Tenancies Act 2004 provides the legislative underpinning to a modernised private rental sector. Key features of the legislation are provision for a new centralised system of tenancy registration and the establishment of the Private Residential Tenancies Board as an independent body with a range of specific statutory functions. These include responsibility for the administration of tenancy registration and for the provision of information on registration and the operation of the private rented sector generally. Requests for information relating to these matters may appropriately be directed to the Private Residential Tenancies Board at Canal House, Canal Road, Ranelagh, Dublin 6. I understand that the board is currently processing a large volume of applications for registration from which the statutory tenancy register will be compiled and that until this work is completed it will not be possible for the board to provide comprehensive data.

Information regarding the number of units of private rented accommodation currently in use or available for use is not available to me. When the statutory tenancy register is completed, this will enable the board to provide a range of enhanced information relating to the private rented sector. The register will not, however, provide data on units available for renting, as dwellings that are not let at any given time would not legally be liable for registration.

Planning Issues.

Dinny McGinley

Question:

524 Mr. McGinley asked the Minister for the Environment, Heritage and Local Government if there are plans to change the retail planning guidelines in respect of food outlets; and if he will make a statement on the matter. [3533/05]

Dinny McGinley

Question:

528 Mr. McGinley asked the Minister for the Environment, Heritage and Local Government if, in relation to his decision to change the retail planning guidelines for superstores here, he has given due consideration to the role in rural parts of all local retail outlets and the purpose they serve in maintaining a healthy local environment; and if he will make a statement on the matter. [3766/05]

I propose to take Questions Nos. 524 and 528 together.

I have no plans to review retail planning guidelines in respect of food stores. I recently announced the decision to amend the retail planning guidelines, with effect from 1 February 2005, to provide that the floor space cap on retail warehouses will no longer apply within the functional areas of the four Dublin local authorities and in the other national spatial strategy gateways. The gateway towns and cities are Athlone-Tullamore-Mullingar, Cork, Dublin, Dundalk, Galway, Letterkenny, Limerick-Shannon, Sligo and Waterford. This modification to the guidelines will only apply in areas subject to integrated area plans, IAPs, under the Urban Renewal Act 1998.

The changes introduced relate solely to retail warehouses which sell bulky durable household goods and do not affect the existing caps on the size of supermarkets/grocery outlets. The existing cap of 3,000 m2 net retail floorspace on large foodstores, except in the greater Dublin area, where the cap is 3,500 m2, continues to apply.

The changes to the guidelines are further limited in that they are confined to integrated area plan areas in the gateways designated by the national spatial strategy. The overall policy objectives of the retail planning guidelines including normal planning requirements, will continue to apply to any proposals for the development of retail warehouses in excess of 6,000 square metres. I do not consider in the circumstances outlined that the changes to the guidelines have any implications for local retail outlets in rural parts of Ireland.

The revised guidelines clearly indicate that any proposal for an individual retail warehouse with a floorspace in excess of 6,000 square metres gross in order to be acceptable from a planning viewpoint would need, inter alia, to be accompanied by a detailed traffic impact assessment and be supported by the necessary infrastructure. It will be a matter for the development management process to apply the relevant criteria to any planning application that may come forward from the private sector.

The amendment to the retail planning guidelines will facilitate wider consumer choice and greater competition. It will also ensure that any such development entering the market does so on a basis which contributes to the economic and social objectives of the Government's urban renewal programme and national spatial strategy.

Food Industry.

Willie Penrose

Question:

525 Mr. Penrose asked the Minister for the Environment, Heritage and Local Government if he intends to compel manufacturers to market food and food products in biodegradable containers; and if he will make a statement on the matter. [3536/05]

Article 18 of European Parliament and Council Directive 94/62/EC on packaging and packaging waste prohibits member states from impeding the placing on the market of packaging which satisfies the provisions of the directive, namely, which is in accordance with the essential requirements specified in Annex II of the directive as to the composition and the reusable and recoverable nature of packaging. On foot of these provisions, the introduction of controls restricting the packaging of food and food products to biodegradable containers is not under consideration. However, on foot of a study carried out for my Department, I will be engaging with the fast-food sector to seek their co-operation in addressing the use of non-biodegradable fast-food packaging.

The packaging directive is premised on the principle of producer responsibility which requires waste 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 by way of a producer responsibility initiative, underpinned by the Waste Management (Packaging) Regulations 2003, as amended, which replaced earlier regulations introduced in 1997. Under the regulations, producers are required to take steps to recover packaging waste or alternatively to contribute to, and participate in, compliance schemes set up to recover packaging waste.

Packaging waste recovery is organised mainly through a collective industry-based compliance scheme operated by Repak Limited — established by Irish industry in 1997 to promote, co-ordinate and finance the collection and recovery of packaging waste with a view to achieving Ireland's packaging waste recovery and recycling targets under Directive 1994/62/EC on packaging and packaging waste — which is the only such approved compliance scheme. Significant progress has been made in the recovery of packaging waste and in 2001, Ireland assisted by Repak, met the target of 25% packaging waste recovery target required by the directive.

The latest indications are that Ireland is on course to meet the higher recovery and recycling targets specified for end 2005. The EPA has reported in its national waste database interim report for 2003 — published in December 2004 — that packaging waste recovery increased to an estimated 42% in that year up from 33% in 2002.

Environmental Protection Agency.

Willie Penrose

Question:

526 Mr. Penrose asked the Minister for the Environment, Heritage and Local Government the names of the current membership or directors of the Environmental Protection Agency; the date each was appointed; the nominating bodies, associations or organisations they were associated with or worked for; and if he will make a statement on the matter. [3538/05]

The information requested is set out in the following table:

Board of EPA Directors

Date appointed by Government

Employment prior to appointment as EPA Director

Dr. Mary Kelly, Director General

April 2002

Assistant Director, IBEC

Padraic Larkin

April 2003 (for second term of 5 years)

Programme Manager, EPA

Larry Stapleton

June 2003

Programme Manager, EPA

Laura Burke

July 2004

Project / Operations Manager, Indaver Ireland

Dara Lynott

July 2004

Programme Manager, EPA

The directors of the Environmental Protection Agency are appointed by the Government following a statutory selection process which is set out in the Environmental Protection Agency Act 1992. The Act provides for the establishment of a statutory selection committee whose function is to select not more than three suitable candidates from which the Government will make an appointment to the appropriate director post. The Environmental Protection Agency (Selected Procedures) Regulations 2004 require the selection committee to advertise publicly for applicants. In the case of the two most recent appointments to the board of the agency, the Civil Service Commission provided assistance to the selection committee in the recruitment process.

Solid Fuels.

Enda Kenny

Question:

527 Mr. Kenny asked the Minister for the Environment, Heritage and Local Government the results of the negotiated agreement on a reduction in the sulphur content of bituminous coal and petcoke and the extension of the ban on the marketing, sale and distribution of solid fuels (details supplied); his views on the findings of the report; the action he proposes to take as a consequence; the programme of such action for 2005; and if he will make a statement on the matter. [3763/05]

The June 2002 voluntary agreement between my Department and the solid fuel trade group, which represents the principal importers and distributors of solid fuel in Ireland, provided, inter alia, for the delivery of significantly cleaner standards for bituminous coal and petcoke on a phased basis. The agreement also encompassed the extension of the coal ban to four new areas from October 2003 and an increase in market penetration of smokeless fuel in a further four areas. It was agreed that the Department would not seek to designate further coal ban areas during the life of the agreement except where required to ensure adherence to air quality standards. The agreement also provided for an initial review by end 2003 and a final review by end 2004, with the ambition of setting further targets from 2005 onwards.

My Department reviewed the operation of the voluntary agreement with the solid fuel trade group in 2003 but the final review due by the end December 2004 was postponed following the granting of a moratorium on the step down to 2004 sulphur levels in petcoke for the 2004/2005 heating season. This moratorium was requested by the trade group and was granted to help the industry through a difficult interim supply period, triggered by exceptional levels of demand for petcoke tonnages internationally which made the sourcing of lower sulphur fuels problematic for the industry.

It is intended to undertake the final review when the 2004-05 heating season is concluded. At that stage, all parties will be in a better position to assess both the effect of the agreement over three heating seasons and the future market supply situation, and to explore further how to maximise environmental benefits from the solid fuel sector.

The 2003 review and discussions to date with the solid fuel trade group indicate that on balance the agreement is environmentally advantageous. Four additional coal bans are in place and the group's sales figures indicate at least 75% of total sales in Athlone, Carlow, Clonmel and Ennis by 1 October 2004 were of smokeless fuels. The industry has overachieved the required maximum sulphur limit in bituminous coal of 0.7% with a weighted average up to end June 2004 of 0.48%; this was the case also for the same period in 2003. The maximum sulphur limit in petcoke of 2.75% was met for the period to end June 2004 and while the weighted average reduced from 2.69% to 2.55% between end June 2003 and end June 2004, it remains above the required average of 2.3%. Given pre-agreement sulphur levels in petcoke of 4% to 5%, this is still a significant reduction particularly in view of the global market supply issue mentioned above.

The reduced sulphur levels in coal and petcoke, together with reduced petcoke tonnages over the last two heating seasons, are contributing to reduced emissions of sulphur dioxide, SO2, from this sector. EPA emission inventories indicate a reduction of c. 6,500 tonnes of SO2 for the residential-commercial sector as a whole from all fuel sources between 2001 and 2002. Final inventory data for 2003 is not yet available but provisional indications are of a continued downward trend in the sector compared to pre-agreement emissions.

Question No. 528 answered with QuestionNo. 524.

Waste Disposal.

Liz McManus

Question:

529 Ms McManus asked the Minister for the Environment, Heritage and Local Government if, in view of the urgent need to meet the needs of Arklow, he will provide investment out of Exchequer resources to build the long-delayed sewage treatment plant at Arklow, County Wicklow; and if he will make a statement on the matter. [3843/05]

The Arklow main drainage scheme has been approved for funding in my Department's Water Services Investment Programme 2004-2006 as a scheme to start construction this year at an estimated cost of €15.6 million.

This scheme has been the subject of detailed public, technical and legal scrutiny that has extended over many years, together with third party appeals to An Bord Pleanála, the most recent of which was determined last month. An Bord Pleanála's decision of 21 January 2005 to uphold Wicklow County Council's grant of planning permission for the proposal has cleared the way for the scheme to be advanced to construction stage. The council has, accordingly, now placed the contract for site investigation along the route of the sewer network and has also invited expressions of interest from suitable contractors wishing to tender for the construction of the wastewater treatment plant. An Bord Pleanála's recent decision prescribes exacting standards for the construction and subsequent management of the proposed wastewater treatment plant. The plant will be professionally operated on the council's behalf under a formal contract that will incorporate severe financial penalties for any operational failures by the contractor. I have made it clear in a number of public statements that the interests of the Arklow community are best served at this stage by moving ahead as quickly as possible with the scheme approved by An Bord Pleanála and eliminating the present untreated wastewater discharges that are adversely affecting the local environment and restricting the economic growth and development of the town.

Water Quality.

Paul Connaughton

Question:

530 Mr. Connaughton asked the Minister for the Environment, Heritage and Local Government when he proposes to provide funding for the upgrade of the Galway County Council water pumping and treatment facility at Lomonagh, Corrandulla, County Galway; the present capacity for the facility; the capacity which will be achieved by any new improvement works; the capital cost of such works; if funding will be made available in 2005; and if he will make a statement on the matter. [4009/05]

The extension of the Tuam regional water supply scheme to Headford has been approved for funding in my Department's Water Services Investment Programme 2004-2006. This scheme, which has an estimated cost of €27.9 million, includes proposals to increase the treatment and pumping capacity of Galway County Council's water treatment plant at Luimnagh from approximately 23,000m3 to 48,000m3 per day. My Department is awaiting submission of Galway County Council's tender recommendations for the scheme.

Decentralisation Programme.

Billy Timmins

Question:

531 Mr. Timmins asked the Minister for the Environment, Heritage and Local Government the number of personnel who on applying for promotion in his Department since January 2004, have been required to sign an agreement that they are willing to decentralise; how many of them refused to sign the agreement; if this impacted on their promotion or otherwise; and if he will make a statement on the matter. [4080/05]

My Department has made a number of appointments from the interdepartmental Civil Service panels since January 2004. Appointments of three principal officers, six assistant principal officers and two higher executive officers were conditional that an agreement be signed that they were willing to decentralise. None of these appointees has refused to sign the relevant agreement to decentralise for three years and two years, respectively.

The Public Appointments Service administers the process of appointments to Departments, and therefore, my Department would not normally be aware of the number of refusals of offers of promotion, or the reasons for such refusals. However, one individual who was assigned from the interdepartmental Civil Service panel as an assistant principal to my Department opted not to sign the relevant form of undertaking and declined the offer of appointment with this Department.

Questions Nos. 532 and 533 answered with Question No. 508.

Waste Disposal.

John Gormley

Question:

534 Mr. Gormley asked the Minister for the Environment, Heritage and Local Government his views on the statement by Race Against Waste that uncontrolled burning of waste is one of the biggest threats to the Irish environment today due to the fact that it releases dioxins; the steps he has taken to ensure that this practice, which is widespread, is discontinued; the number of prosecutions that have taken place nationally; and if he will make a statement on the matter. [3715/05]

Backyard burning of domestic waste is now considered to contribute significantly to dioxin emissions, more so than any planned use of thermal treatment. It is my view that the best way to tackle this phenomenon is to develop awareness of the environmental and health consequences, while also ensuring that there is a strong and effective regulatory regime in place.

As part of the very successful Race Against Waste Campaign, a series of leaflets dealing with different strands of waste management has been published. The feedback to date has been extremely positive and backed up by exceptional demand.

Turning to the current regulatory regime, under the Air Pollution Act 1987, the occupier of any premises, other than a private dwelling, is required to use the best practicable means to limit and, if possible to prevent, an emission of a pollutant into the atmosphere from such premises. In addition, the occupier of any premises is prohibited from causing or permitting an emission in such a quantity or manner as to be a nuisance. The Act empowers a local authority to serve a notice on the occupier of any premises from which there is an emission specifying the measures necessary to prevent or limit air pollution.

The Waste Management Act 1996 also places a general duty on the holder of waste not to hold, transport, recover or dispose of waste in a manner that causes or is likely to cause environmental pollution. Local authorities have specific powers under the Act to require measures to be taken to prevent or limit environmental pollution caused by the holding or disposal of waste, and mitigate or remedy the effects on the environment of any such activity.

In addition, section 20(5) of the Fire Services Act 1981 provides that a fire authority may serve a fire safety notice on the owner or occupier of land on which a flammable, explosive or potentially explosive substance is used, stored or deposited adjacent to buildings in such a manner as to represent a serious danger to life. The fire safety notice may require that specified measures be taken to reduce the level of danger.

Finally, under Part VII of the Local Government Act 1994, it is open to a local authority to make by-laws in the interests of the common good of the local community that any activity should be regulated or controlled.

Details on the number of prosecutions taken by local authorities in relation to backyard burning are not available in my Department.

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