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Dáil Éireann debate -
Wednesday, 2 Mar 2005

Vol. 598 No. 6

Written Answers.

The following are questions tabled by Members for written response and the ministerial replies received from the Departments (unrevised).
Questions Nos. 1 to 11, inclusive, answered orally.
Questions Nos. 12 to 63, inclusive, resubmitted.
Questions Nos. 64 to 73, inclusive, answered orally.

Food Industry.

Richard Bruton

Question:

74 Mr. Bruton asked the Minister for Agriculture and Food the number of meetings of the Food Agency Co-operation Council in 2004; and if she will make a statement on the matter. [6788/05]

The Food Agency Co-operation Council was established in 2000 under the aegis of my Department to promote the fullest practical co-operation between the State agencies involved in the food industry in the interests of the optimum development of the industry. The council has an independent chairman, Mr. Padraic White.

The inaugural meeting of the council took place in March 2000 and it has met on 20 occasions since its inception. The last meeting took place in October 2003. It did not meet in 2004 as a number of factors contributed to the difficulties in rescheduling meetings that year. My Department will shortly meet the council's chairman on a possible future work programme having regard to the Enterprise Strategy Report and the 2015 Agri-Vision report.

The council has played a significant role in increasing co-operation, at formal and informal level, between the State agencies involved in the food industry and has led to a number of memorandums of understandings being agreed between agencies. The council has also produced a number of publications which have been well received by the industry. In 2001 the council was instrumental in the drawing up of an agreed human resource development programme for the food processing industry and also produced the publication Market Trends — Implications for Suppliers and State Agency Initiatives. In December 2002, the council's publication A National Food Incident Management Plan was launched. The Market Led New Product Development Guide, launched in April 2003, provides guidance to food and drink companies in relation to new product development best practice.

Genetically Modified Organisms.

Liam Twomey

Question:

75 Dr. Twomey asked the Minister for Agriculture and Food her plans to evaluate the economic implications of the use of genetically modified organisms; the action being taken by her Department to trace the full consignment; and if she will make a statement on the matter. [6779/05]

An interdepartmental-interagency working group was established within my Department in October 2003 to develop proposals for a national strategy and best practices to ensure the co-existence of GM crops with conventional and organic farming. Part of the group's work programme has been to examine the economic implications of such farming practices.

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

The general conclusion of recent Danish and UK research on the economic impact of co-existence on farm profitability is that the costs of complying with the required thresholds for crops of maize, potatoes, cereals, oilseed rape and sugar beet vary from zero to 9% above the costs of growing conventional crops. However, it should be noted that costs described were based on estimates.

In order to establish greater clarity in the matter, as far as Irish conditions are concerned, I have asked Teagasc to explore the possibility of carrying out an evaluation of the possible national economic implications for the agri-food industry of the possible use of GMOs in crop and livestock production.

In relation to tracing a consignment, EU legislation which was adopted by the European Parliament and the Council in 2003 requires that all GM products, including animal feed, be properly labelled and accompanied by the appropriate documentation to facilitate full traceability.

Live Exports.

Jim O'Keeffe

Question:

76 Mr. J. O’Keeffe asked the Minister for Agriculture and Food the action she is taking to re-open live export markets; and if she will make a statement on the matter. [6796/05]

Ireland exported some 130,000 live cattle last year to various destinations in Europe and also to Lebanon, compared to 220,000 in 2003. The principal destinations in Europe were Northern Ireland, the Netherlands, Italy and Spain. The reduced numbers in 2004 can be attributed to buoyant prices for cattle on the home market and a strong export market in beef. In addition, the focus of the Irish beef industry has been to broaden and expand its market reach at EU retail level, shifting its orientation away from international commodity markets and into the higher priced internal EU marketplace.

My Department, together with An Bord Bia and the Department of Foreign Affairs, continues to seek to exploit every opportunity to expand the market for the live trade and beef exports. As a result of these efforts, an agreement was made to open the Libyan market for live animals. Logistical problems have so far prevented the development of this market and it remains closed. Another traditional third country market for Irish cattle in the past, which is currently closed to live exports, is Egypt, though the market there is open to Irish beef imports. Ongoing contact is maintained with the Egyptian authorities in relation to trade, both in meat and live cattle.

The live trade is a critical component to overall competition in the beef trade. It is my policy that there should be free and open access to all markets, both within the EU and in third countries for Irish beef and live cattle. I am fully committed to ensuring that the option of exporting cattle live to overseas countries is maintained.

Decentralisation Programme.

Pat Rabbitte

Question:

77 Mr. Rabbitte asked the Minister for Agriculture and Food the position regarding the decentralisation programme within her Department; and if she will make a statement on the matter. [6969/05]

Under the Government's decentralisation programme my Department's Dublin headquarters will be transferred to Portlaoise; my Department's laboratories in Cork and Limerick will move to Macroom and my Department's local offices in Cork city and Mallow will move to Fermoy.

Last November, the Decentralisation Implementation Group published its report to the Minister for Finance identifying the organisations to move in the first phase of the decentralisation programme and included the decentralisation of 392 Department of Agriculture and Food staff from Dublin to Portlaoise. A further report from the Decentralisation Implementation Group is expected in spring 2005 to deal with locations not covered in last November's report.

Following the Government's announcement in budget 2004, my Department established a Decentralisation Implementation Committee, chaired by an assistant secretary general, to plan and control the process. Tangible progress has been made on the decentralisation of my Department to Portlaoise already, with some 50 staff having been assigned there in July 2004.

In accordance with recommendations made in the Decentralisation Implementation Group report of November 2004, my Department submitted a revised implementation plan to the Decentralisation Implementation Group on 14 February 2005 which sets out the sequence and proposed timescale in which work areas of my Department will be moved to Portlaoise. It is intended that the work of the area aid section involving over 60 positions will be moved from Dublin to Portlaoise beginning in April 2005. A further 50 staff will be relocated to Portlaoise towards the end of 2005. It is planned to proceed with this phased approach to the decentralisation process during 2006 and 2007. The largest tranche of work-staff will be decentralised in 2008.

As also requested in the Decentralisation Implementation Group report of November 2004, a separate implementation plan in relation to information and communication technology staff will be forwarded by 31 March 2005.

My Department is working closely with the OPW to have a suitable permanent headquarters built in Portlaoise. In the meantime, temporary accommodation is being secured in Portlaoise to cater for staff who will be working there in advance of the building of the permanent headquarters for my Department. My Department is also liaising with the OPW on the acquisition of suitable sites in Fermoy and Macroom.

Incineration of Meat and Bonemeal.

Breeda Moynihan-Cronin

Question:

78 Ms B. Moynihan-Cronin asked the Minister for Agriculture and Food if her attention has been drawn to proposals to burn meat and bonemeal from a rendering plant on the Kildare-Offaly border; if her approval has been sought for this proposal; her views on whether this is a safe and environmentally satisfactory procedure for disposing of such material; and if she will make a statement on the matter. [6963/05]

My Department has no regulatory function in regard to the approval of any plant to incinerate or co-incinerate meat and bonemeal. The responsible regulatory authorities are the local authority and the Environmental Protection Agency, EPA.

As regards the case mentioned by the Deputy, I am aware of a proposal to co-incinerate MBM as a fuel at a plant in Offaly. I understand that Offaly County Council has given a positive response to a proposal to a change in the use of fuel at the plant to include MBM. I also understand that an application has been lodged with the EPA for a licence review.

EU Directives.

Seymour Crawford

Question:

79 Mr. Crawford asked the Minister for Agriculture and Food the progress which has been made with the European Commission regarding plans to deal with the nitrates directive; if she has been involved in any meeting with the Agricultural Commission; and if she will report on same. [6875/05]

The implementation of the nitrates directive is a matter in the first instance for the Minister for the Environment, Heritage and Local Government. Ireland submitted an action programme for further implementation of the directive to the European Commission on 22 October 2004. The Commission conveyed its view, by way of a letter of formal notice under Article 228 of the EU Treaty issued to Ireland dated 22 December 2004, that the action programme is not complete and does not comply with the requirements of the directive and the judgment of the European Court of Justice against Ireland delivered on 11 March 2004.

My Department is working together with the Department of the Environment, Heritage and Local Government on the preparation of a response to the Commission. Senior officials from my Department and their counterparts in the Department of the Environment, Heritage and Local Government are in contact with the relevant Commission officials and this process of consultation and negotiation is continuing. Agreement with the Commission is necessary not only to avoid the risk of substantial fines on Ireland but also to safeguard ongoing EU funding of rural development measures.

It remains my objective, and it is also the objective of the Minister for the Environment, Heritage and Local Government, to reach agreement on an action programme that meets the objectives of the nitrates directive in terms of safeguarding water quality, while also minimising the burden of compliance that the agreement will place on farmers and safeguarding the future of the commercial farming sector.

Food Industry.

Denis Naughten

Question:

80 Mr. Naughten asked the Minister for Agriculture and Food her plans to develop the marketing potential of An Bord Bia; and if she will make a statement on the matter. [6785/05]

The 2004 Enterprise Strategy Group Report to the Tánaiste entitled "Ahead of the Curve" focused on marketing as one of two development axes, the other being technology. Promotion and marketing are becoming ever more critical as Irish agriculture enters a period of great change with future production decisions becoming more market-led and influenced by decoupling policy under the Luxembourg Agreement, EU enlargement and a new WTO round. A clearly focused strategic marketing and promotion policy is essential to assist the food industry here in exploiting market opportunities.

An Bord Bia plays a leading role in supporting the food industry in the development and consolidation of export markets. It is widely acknowledged as doing a very effective job and its success in promoting Ireland as a food island is evidenced by the record results for 2004, when the value of food export crossed the €7 billion mark for the first time.

In the period 1 January 2000 to 31 December 2004, public expenditure of €28.69 million was allocated to fund the food marketing and promotion measure of the national development plan. The measure is administered by Bord Bia and covers grant assistance to companies to improve their individual marketing capabilities and the board's generic market development activities. These activities include marketing promotion and advertising, market research studies and information-publications, development of marketing skills, quality and training.

The organisation is currently undertaking an independent strategic review of its future direction. I believe that this review will enable Bord Bia to remain focused on its mission, which in turn will help secure a diverse, competitive and export orientated food industry.

EU Directives.

Willie Penrose

Question:

81 Mr. Penrose asked the Minister for Agriculture and Food the position regarding her negotiations with the EU on the implementation of the EU nitrates directive; and if she will make a statement on the matter. [6965/05]

The implementation of the nitrates directive is a matter in the first instance for the Minister for the Environment, Heritage and Local Government. After the letter of formal notice was received from the European Commission in December, stating that the action programme is not complete and does not comply with the requirements of the directive and the judgment of the European Court against Ireland, the Minister, Deputy Roche, and I had discussions with the farming organisations. Since then, officials of the two Departments have been working together on the preparation of a response to the Commission. Senior officials of both Departments are in contact with the relevant Commission officials and this process of consultation and negotiation is continuing.

Agreement with the Commission is necessary not only to avoid the risk of substantial fines on Ireland but also to safeguard ongoing EU funding of rural development measures. It remains my objective, and it is also the objective of the Minister for the Environment, Heritage and Local Government, to reach agreement on an action programme that meets the objectives of the nitrates directive in terms of safeguarding water quality, while also minimising the burden of compliance that the agreement will place on farmers and safeguarding the future of the commercial farming sector.

Land Prices.

Michael D. Higgins

Question:

82 Mr. M. Higgins asked the Minister for Agriculture and Food if her attention has been drawn to the continuing increase in the price of farm land identified by the CSO, which is running way above the level of general inflation; her views on the implications of this rise for farmers who wish to expand or for persons who wish to enter farming for the first time; and if she will make a statement on the matter. [6960/05]

Low levels of land mobility have been a long-term feature of Irish farming and the substantial increase in land prices in recent years and the relatively small acreage of land that is placed on the market annually have not helped the situation. Since 1997 agricultural land prices have more than doubled reflecting a combination of a shortage of land on the market and increasing levels of demand from agricultural and non-agricultural buyers. According to the Central Statistics Office, in recent years less that 0.2% of agricultural land has been placed on the open market for sale. The major means by which land has changed ownership in recent years has been through inheritance, generally within families.

The cost of purchasing land has encouraged many farmers who wish to expand their enterprises or enter agriculture to opt for leased land. Almost one fifth of all agricultural land is leased with one third of farms leasing-in some portion of land.

For meaningful farm planning, leasing is best done on a long-term basis, and the Government has a number of incentives in place to encourage this trend and to improve the overall levels of land mobility. To this end, my Department operates an early retirement pension for retiring farmers who dispose of land either by sale, transfer or long-term lease.

There are generous income tax disregards for farmers who lease out land on a long-term basis. At present lessors aged over 40 years of age can avail of annual exemption thresholds of up to €7,500 for leases of five to seven years and up to €10,000 for leases of ten years or more. This has undoubtedly encouraged the better utilisation of land and facilitates better long-term planning by farmers who wish to increase their scale of production at a reasonable cost without having to purchase.

There are also a series of measures in place to help reduce start-up costs for new entrants. These include a number of generous grants and tax reliefs. For young, suitably trained farmers there is a number of attractive schemes including an installation aid grant of €9,520, 100% stamp duty relief on land, a 90% relief from capital acquisition tax, CAT, and 100% stock relief for four years for eligible farmers.

Question No. 83 answered with QuestionNo. 73.

Single Payment Scheme.

Damien English

Question:

84 Mr. English asked the Minister for Agriculture and Food the discussions she has had with the EU Commission to index-link the single farm payment; if she intends to make the payment in two instalments; and if she will make a statement on the matter. [6781/05]

The agreement on the mid-term review of Agenda 2000 reached at the Council of Agricultural Ministers on 26 June 2003 provided a financial envelope to each member state. This envelope represents the average value of livestock and arable aid premia paid in the member state during the three-year reference period 2000-02 calculated at 2002 rates of payment. The outcome of the agreement, which will reshape the Common Agriculture Policy and secure its future in making it more relevant to modern society and more defensible in a WTO context, was a balanced one which addressed Ireland's principal objectives. Among these objectives was the preservation of the financial benefits achieved under the Agenda 2000 agreement and the establishment of a policy framework that will allow farmers and the agri-sector the flexibility to adapt to evolving consumer and market demands and international circumstances.

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

Animal Feedstuffs.

Jim O'Keeffe

Question:

85 Mr. J. O’Keeffe asked the Minister for Agriculture and Food the final conclusion to the reported importation of animal feed contaminated with traces of bone; and if she will make a statement on the matter. [6795/05]

I want to inform the Deputy that there were two separate incidences, in the four week period from 18 October to 11 November 2004, in which traces of terrestrial animal bone were found in samples of the imported feed material. The affected feed material and associated compound feed was subsequently impounded, recalled, where necessary, and detained by my Department.

The first incident refers to two consignments of sugar beet pulp, totalling around 4,160 tonnes, which were imported into Dundalk Port from Germany, via Holland, on 18 and 22 October last year. Testing carried out by the control authorities in other member states discovered similar problems with imports of this material. Following a request to do so, the importer has recently submitted a proposal to my Department for disposal of the contaminated material. Officials of my Department have examined and accepted the proposal, which involves dispatch to Holland and destruction by means of incineration at a power generation plant in that country. The transfer of the material out of this country, which is likely to happen in the next couple of weeks, will be under the supervision of officials of my Department.

The second incident refers to a consignment of maize gluten, totalling approximately 6,515 tonnes, imported from the USA and part discharged at Foynes on 9 November and part in Ringaskiddy on 11 November. The original feed material and the associated compound feed has been recalled and is currently held in stores. The importer has challenged the Department's right to impound the material by way of a judicial review, the outcome of which is expected shortly.

Single Payment Scheme.

Phil Hogan

Question:

86 Mr. Hogan asked the Minister for Agriculture and Food her plans for cross-compliance under the single farm payment; and if she will make a statement on the matter. [6778/05]

As part of the preparations for the new single payment scheme my Department has prepared a consultative document on cross-compliance and has made it available to interested organisations. This document takes account of the requirements laid down in the EU regulations on cross compliance and sets out Ireland's proposed approach to the obligations that should be respected by farmers receiving direct payments under the single payment scheme.

Under cross-compliance requirements any farmer receiving direct payments must respect the various statutory management requirements set down in EU legislation — directives and regulations — on the environment, food safety, animal health and welfare, and plant health and must maintain the farm in good agricultural and environmental condition, GAEC.

It will be necessary to carry out on-farm visits to ensure that farmers respect cross-compliance requirements. In general the rate of inspection required for cross-compliance is 1% of those farmers to whom the relevant statutory management requirements or good agricultural and environmental conditions apply. However, at least 5% of producers must be inspected under the animal identification and registration requirements of cross-compliance as this is the level prescribed under the relevant regulations.

Where breaches of cross-compliance provisions are detected the level of penalty to be applied will be determined on the basis of an assessment of the importance of the non-compliance set out in the control report following the on-farm inspection. If the non-compliance is due to negligence then, normally, the penalty is 3% of the aid for the year in question. However taking account of the permanence, extent or severity of the non-compliance, the 3% penalty may be reduced to 1% or increased to 5%. If repeated non-compliance is found then the penalty established will be multiplied by three up to a maximum of 15% of the aid. If intentional non-compliance is found then the penalty is 20% of the direct payments referred to under Council Regulation 1782/93 for the year in question. However, on examination of the control report and taking account of the permanence, extent or severity of the non-compliance, the 20% may be reduced to 15% or increased to 100%. Most of the statutory management requirements have been in place for some years and generally farmers are aware of the various requirements.

In the light of submissions which my Department has received in response to its consultative document and following consultations with interested bodies, my Department will shortly publish a detailed information booklet on cross-compliance requirements for the assistance of applicants under the single payment scheme.

Veterinary Medicines Regulations.

Dan Boyle

Question:

87 Mr. Boyle asked the Minister for Agriculture and Food the steps she will take to prevent the veterinary medicines regulations legislation from increasing the cost base of veterinary care for farmers here. [6977/05]

My Department is finalising a package of amendments to the national control regime for veterinary medicines. One of the key objectives of these amendments is to put in place a regime which will address a number of difficulties identified arising from inflexibilities in the existing regime.

I propose to make the prescription regime more effective and workable by removing the mandatory requirement for veterinary practitioners to clinically examine an animal at the time of each prescription and also by extending the range of outlets which may supply medicines on foot of a veterinary prescription to include the licensed merchant category.

While I am very conscious of the need to minimise the cost of these measures to farmers, the primary focus of the medicine control regime is to protect public health and animal health and welfare. I am satisfied that the changes I propose to make to the medicines legislation will improve the operation of the prescription regime and will provide a basis for a greater degree of price competition in the supply of veterinary medicines to farmers, while retaining the necessary safeguards in relation to public health and animal health and welfare.

Horseracing Industry.

Breeda Moynihan-Cronin

Question:

88 Ms B. Moynihan-Cronin asked the Minister for Agriculture and Food if her attention has been drawn to the claim made by a person (details supplied) that up to 750 brood mares should be shot or retired to help solve the over-production of foals which they claim is damaging Ireland’s breeding industry; her views on this claim; and if she will make a statement on the matter. [6964/05]

I am aware of the current ongoing discussion regarding a significant increase in the level of production of thoroughbred foals in recent years, as reported in the Assessment of the Economic Contribution of the Thoroughbred Breeding and Horse Racing Industry in Ireland prepared by Indecon consultants. I am also aware of the concerns expressed by the industry that some of these foals may not match the high standard of thoroughbred foal we have come to expect in this country.

This is a matter for the industry to address and resolve. In time the effect of market forces will bring breeders to the realisation of the importance of identifying and using quality brood mares when breeding foals.

I do not believe that it would be appropriate for my Department to embark on a programme of directing or advising breeders as to what brood mares they should use. I believe that market forces will prevail and this difficulty will be resolved.

Appointments to State Boards.

Eamon Ryan

Question:

89 Mr. Eamon Ryan asked the Minister for Agriculture and Food if she will report on the gender balance of agencies coming under the auspices of her Department; and when she will carry out a review of these bodies in terms of gender balance. [6984/05]

There are six statutory bodies under the aegis of my Department: An Bord Bia; Coford; Coillte; Irish National Stud; National Milk Agency and Teagasc. There are currently a total of 69 persons serving on the boards of these bodies, including chairpersons, of whom 12 are women.

I do not have full discretion in relation to appointments to some boards as some appointments are made on the basis of nominations by relevant organisations, in accordance with legislation. While appointments to the boards are made on the basis of technical competence and experience, it is my aim to achieve a reasonable gender balance in this regard.

Single Payment Scheme.

Michael Noonan

Question:

90 Mr. Noonan asked the Minister for Agriculture and Food if she will report on the assessment carried out by her Department regarding the implications of the SFP on the ERS; and if she will make a statement on the matter. [6770/05]

My Department has been aware, from an early stage in the negotiations on the single payment scheme, that it had potential implications for farmers who had joined one or other of the early retirement schemes. Those issues were repeatedly raised by Ireland in the course of the negotiations, and we secured agreement on certain measures to address them.

In general, the new single payment scheme introduced in Ireland from 1 January 2005 is applicable to farmers who actively farmed during the reference years 2000, 2001 and 2002, who were paid livestock premia and-or arable aid in one or more of those years and who will continue to farm in 2005.

Farmers who joined the 1994 early retirement scheme, which closed to new applications in December 1999, did not farm during the reference period and cannot establish entitlements under the single payment scheme. Where they transferred their holdings by lease, it was the transferees who were actively farming during the reference years and it is they who will have entitlements established for them. Entitlements are attached to the farmer who was actively farming during the reference period, not to the land.

During the course of negotiations with the European Commission on the single payment scheme, Ireland secured agreement to an arrangement that will benefit family members or others who now take over holdings that were farmed by third parties who had 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, could apply to the national reserve for payment entitlements under the single payment scheme.

Participants in the current early retirement scheme launched in November 2000, who farmed during part or all of the reference period, will have entitlements in their own right and can, before 15 May 2005, use the private contract clause to lease these entitlements to the young farmer who holds the lease of their land under the early retirement scheme. In such circumstances, the retired farmer must establish the entitlements in 2005 on a special form provided by the Department. The qualifying young farmer may or may not have entitlements and land in his-her own right.

EU Directives.

Denis Naughten

Question:

91 Mr. Naughten asked the Minister for Agriculture and Food the discussions she has had with the EU Commission and the Department of the Environment, Heritage and Local Government regarding derogations under the nitrates directive; and if she will make a statement on the matter. [6786/05]

The implementation of the nitrates directive is a matter in the first instance for the Minister for the Environment, Heritage and Local Government. Ireland submitted an action programme for further implementation of the directive to the European Commission on 22 October 2004. In parallel with the submission of the action programme, Ireland also submitted a derogation proposal on 11 November 2004 setting out a scientific justification for operating levels of up to 250 kg organic nitrogen per hectare, based on the specific characteristics of Irish agriculture.

The Commission has conveyed its view, by way of a letter of formal notice under Article 228 of the EU Treaty issued to Ireland dated 22 December 2004, that the action programme is not complete and does not comply with the requirements of the directive and the judgment of the European Court of Justice against Ireland delivered on 11 March 2004. My Department is working with the Department of the Environment, Heritage and Local Government on the preparation of a response.

The Commission has indicated that the derogation application will not be considered until the action programme has been agreed.

Tax Code.

Richard Bruton

Question:

92 Mr. Bruton asked the Minister for Agriculture and Food the discussions she has had with the Department of Finance regarding section 605 roll-over relief; and if she will make a statement on the matter. [6790/05]

I have not been in contact with the Department of Finance about re-instating roll-over relief on land acquired by compulsory purchase orders.

Official Engagements.

Donie Cassidy

Question:

93 Mr. Cassidy asked the Minister for Agriculture and Food if she will report on her recent trade mission to China. [6866/05]

I led a delegation of food and drink industry representatives to China as part of a wider trade mission led by the Taoiseach, Deputy Bertie Ahern, from 17 to 22 January 2005. I accompanied the Taoiseach at formal state functions, including a meeting with the Chinese Premier, Mr Wen Jiabao and President Hu Jintao. I also held talks with the Chinese Vice Minister of Agriculture and with the Minister for the Administration of Quality, Supervision, Inspection and Quarantine, AQSIQ, who is responsible for imports into China.

In the course of my visit I signed a pigmeat protocol with AQSIQ Minister Li Changjiang that will form the basis on which pigmeat products from Ireland will be exported to China. The protocol was signed in the presence of the Taoiseach and Premier Wen Jiabao of the People's Republic of China in the Great Hall of the People following official talks held between Ireland and China. This formal agreement has been concluded after intensive negotiations and will provide a framework within which actual trade in pigmeat products could commence later in the year.

I raised the question of the lifting of the Chinese ban on beef products in my official discussions with both the Minister for Agriculture and the Minister for AQSIQ. During these discussions I emphasised that the control and supervision of food safety is afforded the very highest status in Ireland and that the Government is committed to protecting the high quality of food production and the preservation of our status as a supplier of the highest quality products to international buyers.

I also addressed seminars in Beijing and Shanghai organised by my Department and An Bord Bia. These seminars were aimed at promoting Irish food and drinks in the Chinese market, providing assurance on the safety controls related to food production and details on the country's export capability. The seminars also provided an opportunity for the Department, An Bord Bia and industry representatives to directly engage with ministry, regulatory officials and Chinese importers and traders.

While there I also met with representatives of BIM and their Chinese contacts to promote and develop further opportunities for the export of fish products to China.

The trade mission included some 25 representatives of Irish food and drinks companies and I am confident that contacts established with Chinese trading companies during the visit will build on the good relations between the two states. China is a huge market with enormous potential which could be hugely beneficial to Ireland in the food and drinks sectors. I am confident that the mission has laid solid grounds for maximising this potential and has established a basis for further contacts at official and industry level which should lead in the future to increased trade between Ireland and China.

Bovine Diseases.

Liz McManus

Question:

94 Ms McManus asked the Minister for Agriculture and Food the number of cases of BSE in cattle discovered in 2004 and to date in 2005; the way in which this compares with recent years; the number of such cases which were discovered in animals born after the imposition of the ban on meat and bonemeal; if she has information regarding the reason so many cases in such animals are still being discovered; and if she will make a statement on the matter. [6961/05]

In 2004, 126 cases of BSE were confirmed compared with 182 in 2003 and 333 in 2002. There have been ten cases to date in 2005 which represents a decrease of 73% on the number of cases, some 37, discovered in the same period in 2004. The vast majority of these cases were in animals born prior to the introduction here of the additional controls in 1996 and 1997. The shift in age profile in BSE cases as well as a reduction in case numbers indicates that the additional controls have been effective in significantly reducing the exposure of animals born after 1997 to the infectious agent. It is expected that the incidence of disease will continue to decline as cows born prior to 1998 leave the system.

Investigations are carried out into the feeding regimes of all herds in which BSE is identified and, in particular, in herds in which cases born after the feed controls were reinforced are confirmed.

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

Transport of Livestock.

Dan Boyle

Question:

95 Mr. Boyle asked the Minister for Agriculture and Food the action she can take and the advice she can give to a person (details supplied) who is being refused ferry transportation for a car and trailer to import a top sire from Britain and a female from another top herd and if the licence given to the ferry company covers all animals or horses only. [6976/05]

There is no legal obligation on ferry operators to carry livestock. The question of whether a ferry company carries livestock is a matter for the ferry company concerned. However, I should point out that any ferry operator intending to transport livestock from this State to another member state, or to a third country must have the vessel inspected and approved by my Department.

The question of whether a ferry company from another member state is approved to transport animals into this country is a matter for the competent authority in the member state of origin to address.

EU Directives.

Brian O'Shea

Question:

96 Mr. O’Shea asked the Minister for Agriculture and Food if it is intended to provide additional aid for farmers who may face significant extra waste management costs arising from the EU nitrates directive; and if she will make a statement on the matter. [6966/05]

Consultations are ongoing with the European Commission about the action programme for implementation of the nitrates directive in Ireland. The question of possible additional grant aid being provided to farmers under the farm waste management scheme will be decided in the light of the requirements of the action programme, when agreed.

Sugar Beet Industry.

Simon Coveney

Question:

97 Mr. Coveney asked the Minister for Agriculture and Food the position regarding the ownership of the Irish sugar quota; when she was informed of the decision to close the Carlow facility; and if she will make a statement on the matter. [6791/05]

Joan Burton

Question:

106 Ms Burton asked the Minister for Agriculture and Food the information available to her Department on the proposed closure of a plant (details supplied) in County Carlow; and if she will make a statement on the matter. [6953/05]

I propose to take Questions Nos. 97 and 106 together.

Under the EU sugar regime, each member state has a quota for manufactured sugar. There is no quota for sugar beet nor is there a quota at farm level. The EU regulations stipulate that the quota must be made available to the 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 in this country. Irish Sugar Limited places annual contracts with farmers to grow a specified tonnage of sugar beet sufficient to manufacture the sugar quota.

The question of ownership of the sugar quota has never been an issue in the past because the EU regulations do not provide for the buying and selling of quota. However, the status of the quota has become the subject of debate since the Commission raised the possibility of cross-border quota mobility in the context of the proposed reform of the EU sugar regime. Several member states, including Ireland, are strongly opposed to the idea of quota mobility but if it is maintained in the Commission's legislative proposals, due to be published around June, then the Commission will propose appropriate rules to deal with the new situation. I have sought the advice of the Attorney General in that context but my objective will be to ensure that the status quo is maintained and that cross-border mobility of quota is not allowed.

The decision by Greencore to close its plant in Carlow and to consolidate all of its sugar manufacturing in Mallow was a commercial decision taken by the board on 12 January 2005. The decision was taken by the company in the light of the increasing competition in the sugar market and taking account of the reality that changes will occur in the industry as a consequence of the reform of the EU sugar regime and of WTO developments. The company advised my Department two days in advance of the board meeting that a proposal concerning the future of its two processing plants and involving the likely closure of the Carlow plant would be put to the board for decision.

Export Regulations.

Olwyn Enright

Question:

98 Ms Enright asked the Minister for Agriculture and Food her position regarding the abolition of export credit refunds by the EU; and if she will make a statement on the matter. [6803/05]

The framework agreement for the next WTO round which was concluded in Geneva in August 2004 commits member countries to agree detailed rules, including an end date, for the parallel elimination of all forms of export subsides and for the introduction of disciplines on all export measures with equivalent effect. This agreement covers export refunds, export credits, the trade-distorting practices of state trading enterprises and food aid not in conformity with disciplines to be introduced. This approach should ensure equal competition on the world market for all exporters. The full details of the implementation of the framework agreement are the subject of ongoing negotiations in Geneva, leading to a WTO ministerial conference in Hong Kong in December 2005.

Farm Retirement Scheme.

Michael Noonan

Question:

99 Mr. Noonan asked the Minister for Agriculture and Food the action she intends to take to address the situation whereby ERS farmers are finding it difficult to lease land; and if she will make a statement on the matter. [6775/05]

Participants in the scheme of early retirement from farming introduced in 1994 under Council Regulation (EEC) No. 2079/92 were required to have their holdings farmed for the duration of the pension by younger farmers who met the eligibility conditions of the scheme. In cases where the retiring farmers transferred their holdings by lease, such leases were normally for five years. If the pension had some period to run when a lease expired, the retired farmer was obliged either to renew the lease or to find another eligible transferee.

I recognise that following the introduction of the single payment scheme, and the provisions allowing farmers to consolidate their entitlements in certain circumstances, some retired farmers may face difficulties in getting their transferees to renew leases or in finding replacement transferees. My officials are in contact with the European Commission in an effort to secure arrangements that will safeguard the pensions of the retired farmers in such cases.

Organic Farming.

Paul Nicholas Gogarty

Question:

100 Mr. Gogarty asked the Minister for Agriculture and Food the percentage of land in organic production here compared with all other EU member states; and if she will make a statement on the matter. [6981/05]

The percentage of agricultural land under organic production in Ireland stands at just under 0.7%. The following table lists the percentage land areas under organic production in each of the other EU member states as at 31 December 2003.

EU Country

Organic Area (kha)

% of land area

Austria

328.8

12.90

Belgium

24.2

1.73

Cyprus

0.166

0.12

Czech Republic

255.0

5.97

Denmark

165.1

6.14

Estonia

40.9

4.59

Finland

160.0

7.22

France

550.0

1.86

Germany

734.0

4.3

Greece

244.5

6.24

Hungary

113.8

1.94

Italy

1,052.0

6.86

Latvia

24.5

0.99

Lithuania

23.3

0.67

Luxembourg

3.0

2.00

Malta

0.014

Netherlands

41.9

2.17

Poland

49.9

0.30

Portugal

120.7

3.17

Slovakia

54.5

2.43

Slovenia

21.0

4.15

Spain

725.2

2.84

Sweden

225.8

6.83

United Kingdom

695.6

4.42

Farm Retirement Scheme.

Tom Hayes

Question:

101 Mr. Hayes asked the Minister for Agriculture and Food if she will index-link the early retirement pension; and if she will make a statement on the matter. [6777/05]

The rate of pension payable under the 1994 scheme of early retirement from farming is the maximum amount provided for by the EU Council regulation under which the scheme was introduced. The regulation does not provide for indexation of payments.

My Department's proposals for the current early retirement scheme, which commenced on 27 November 2000 and is one of the measures in the CAP rural development plan for the period 2000-06, included provision for annual increases in pension over the period of the plan. The European Commission rejected this proposal and insisted on legal grounds that a fixed rate be set instead.

Animal Diseases.

Liz McManus

Question:

102 Ms McManus asked the Minister for Agriculture and Food her views on the implications for this country of the recent discovery of BSE in a goat in France and the confirmation that the condition has now jumped a species; the estimated number of goats here; the steps that are being taken to ensure that BSE does not spread to the Irish goat herd; and if she will make a statement on the matter. [6962/05]

Until recently BSE had never been found under natural circumstances in ruminants other than cattle. Its presence in goats or other ruminants had been viewed as theoretically possible but had not previously been detected. Arising from an EU testing programme, a healthy goat slaughtered in 2002 in France was tested at random for evidence of transmissible spongiform encephalopathy, TSE. Based on the initial positive finding of a TSE which differed from the normal scrapie strain, further scientific studies were carried out, leading to the conclusion by French experts that the brain could be BSE positive.

The EU Commission submitted the data received from the French authorities to the Community Reference Laboratory for TSEs in Weybridge, England for evaluation by an expert panel. The panel completed its evaluation and on 28 January this year the Commission confirmed the presence of BSE in the animal in question.

The European Food Safety Authority, EFSA, has advised that based on current scientific knowledge, milk and products derived from milk are unlikely to present any risk of TSE contamination, if the milk comes from healthy animals. Exclusion of animals with mastitis is considered to reduce the risk. As regards meat, specified risk materials are required to be removed from goats slaughtered at abattoirs.

In the light of the foregoing, and on the basis of advice from EFSA, no changes have been proposed by the Commission in relation to the consumption of milk, cheese or meat from goats. However, EFSA will give further consideration to the meat aspect.

Since BSE was discovered in cattle, an extensive monitoring and surveillance regime for scrapie and BSE has been in place also for sheep and goats throughout the EU. Given this surveillance, the finding of isolated cases would not indicate a widespread problem. The goat population in the EU is small — 12.7 million compared to 89.2 million sheep in 2003. Widespread testing of sheep has been undertaken and all results to date have been negative for BSE.

Following the confirmation of BSE in the goat on the 28 January, the Commission has moved quickly to expand the testing of goats. The EU Standing Committee on the Food Chain and Animal Health agreed on 3 February that over the next six months 176,000 tests will be conducted on healthy animals across the EU and 25,000 on goats that had died on the farm. This intensified regime will set the highest quotas for countries which have large goat populations and where BSE has been detected in cattle.

The goat population in Ireland is estimated at 17,000. A number of samples from goats have been tested here for TSEs recently and all were negative. My Department is compiling a register of goat herds and will in the months ahead be introducing a full identification system.

Punchestown Racecourse.

John Gormley

Question:

103 Mr. Gormley asked the Minister for Agriculture and Food if she will respond to claims that certain leases involving the Punchestown racecourse lands are invalid and need to be replaced, and that as a result Departments and State agencies had no security when they gave over €28 million to the racecourse. [6982/05]

The Punchestown lands are owned by the Kildare Hunt Club. A new organisational structure has been agreed under which a joint venture company made up of the Kildare Hunt Club and Horse Racing Ireland, HRI, has been incorporated. It is the intention that ownership of the Punchestown companies will transfer to the new company as soon as the question of the existence of any taxation liabilities of the Kildare Hunt Club to the Revenue Commissioners has been finalised. Conflicting legal advice has been received by the Kildare Hunt Club and HRI on the taxation liabilities. The Kildare Hunt Club advice was to the effect that the leases on which the potential tax liability might arise were in fact invalid. Based on this advice the hunt club has made a submission to the Revenue Commissioners and the restructuring and the transfer of assets to the joint venture company cannot be finalised until the outcome of this submission is known.

HRI, which provided funding to the Punchestown racecourse and the Department of Agriculture and Food which provided the funding for the event centre at Punchestown have received written assurances from the chairman of the Kildare Hunt Club that no changes will be attempted to be made to the existing lease arrangement without the interests of HRI and the Department of Agriculture and Food being fully protected. The chairman has been informed by my Department that it will hold him to this undertaking.

Departmental Investigations.

Fergus O'Dowd

Question:

104 Mr. O’Dowd asked the Minister for Agriculture and Food if she will make a statement on the agreement between her Department and a company (details supplied). [6799/05]

The case mentioned by the Deputy arose from a dispute between a company, my Department and two co-defendants. This related to the storage of tallow at its premises going back to 1997.

A settlement was reached with the plaintiff on 6 December 2004. The settlement was agreed on the basis of legal advice from State Counsel and with the sanction of the Office of the Attorney General. It was without admission of liability by the defendants. It was also agreed between the parties that the terms of the settlement would remain confidential except as required by law.

Food Labelling.

Bernard J. Durkan

Question:

105 Mr. Durkan asked the Minister for Agriculture and Food if she is satisfied that all meat and meat products sold here are labelled accurately to reflect their country of origin; and if she will make a statement on the matter. [6930/05]

The general labelling regulations covering all food sold in Ireland require that the information be given clearly, accurately and in a language understood by the consumer.

European Directive 2000/13/EC on the labelling of foodstuffs requires pre-packaged foodstuffs to carry information on the source or place of origin only where its absence might mislead the consumer to a material degree on the origin of foodstuffs or their raw materials.

The Community labelling requirements apply to all meat products and are compulsory in all member states. In addition, there are further labelling requirements that apply to beef sold at retail level regardless of whether that beef was produced within the community or in a third country. Where beef is imported into the community from a third country that beef must, at a minimum, be labelled as "Origin: non-EC" along with an indication of the third country in which slaughter took place. This detailed labelling system for beef sold at retail level, goes beyond the general labelling legislation provisions.

While these EU regulations do not apply at restaurant and catering sector level, it is my intention to proceed with a national legal requirement that country of origin must be displayed in respect of beef sold in such premises and outlets, and I have raised this with the Commission. I am in consultation with my colleague the Tánaiste and Minister for Health and Children with regard to framing a suitable legal text within which to implement these requirements and proposals to this effect will be brought forward once the legal options allowing for this development have been fully examined. In this regard also I am examining the scope for extending origin labelling to other meat products.

On a general level, I believe consumers should be given maximum information on the origin of the food they are purchasing. I have this week along with other member states urged the Commission to examine EU labelling provisions to facilitate this, and in doing so, indicated the particular need for attention to be paid to the origin of poultry imports to the EU. In this context, regulations requiring poultry meat originating in a county outside the EU to bear an indication of the country of origin when offered for sale in a retail premises were introduced in Ireland last year.

Question No. 106 answered with QuestionNo. 97.

Sugar Beet Industry.

Seán Ryan

Question:

107 Mr. S. Ryan asked the Minister for Agriculture and Food the discussions she has had with the Department of Enterprise, Trade and Employment arising from the proposed closure of the Carlow sugar factory; and if she will make a statement on the matter. [6972/05]

The decision by Greencore Group plc-Irish Sugar Limited to close its sugar plant in Carlow and to consolidate all of its sugar manufacturing in Mallow was a commercial decision taken by the company in the light of the increasing competition in the sugar sector.

I am of course concerned about the loss of jobs associated with the closure of the Carlow plant and the personal impact these job losses will have on families. I have been in contact with my colleague, Deputy Micheál Martin, the Minister for Enterprise, Trade and Employment and I am aware that Enterprise Ireland is actively looking at replacement jobs for the area.

Farm Retirement Scheme.

Jimmy Deenihan

Question:

108 Mr. Deenihan asked the Minister for Agriculture and Food the position regarding the review of the early farm retirement scheme; and if she will make a statement on the matter. [7049/05]

My Department is 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.

Food Industry.

Jimmy Devins

Question:

109 Dr. Devins asked the Minister for Agriculture and Food if she will report on progress being made under the food institutional research programme. [6871/05]

The food institutional research measure, FIRM, forms part the productive sector operational programme of the National Development Plan 2000-2006. The main objectives of FIRM are to provide a base of information and expertise in generic technologies that supports innovation and product development in the food industry, and assists in assuring consumer protection by ensuring that product development is underpinned by attention to food safety and quality issues.

Progress under the measure has been very satisfactory with 110 projects awarded funding following general calls in 2000 and 2004 and a targeted call in 2001.

The table provided shows awards and expenditure under the various research themes to date.

Theme

No. of projects

Total Awards (€m) 2000-2004

Expenditure (€m) 2000-2004

Consumer Foods

17

7.745

4.802

Dairy

15

8.152

4.046

DNA Technology

5

2.167

1.267

Food Ingredients

7

3.207

2.854

Food Safety

17

8.057

6.604

Food Viruses

2

0.947

0.776

Food Waste

3

0.607

0.213

Meat

16

6.919

2.996

Miscellaneous

17

6.457

3.672

Nutrition

4

2.539

2.387

Process Design

3

1.380

1.267

Residues

2

0.630

0.430

TSE

2

1.198

0.772

Total

110

50.005

32.086

A further 11 projects with indicative funding of €5.6 million have received preliminary approval and notification of awards in respect of these are currently being finalised.

The FIRM programme has encouraged high-quality research outputs and outcomes across a range of food science disciplines. In so doing, the measure has supported the building of a substantial base of highly qualified researchers at doctorate and post-doctorate level, whose proven research capacity is attractive to the agri-food industry.

The opportunities offered by such public good food research programmes have contributed to the formation of recognised centres of excellence in food research in Ireland and this in turn has been instrumental in researchers gaining access to EU and national funded research programmes. A number of research teams have been created at the various institutions — universities and Teagasc food centres — as a result of funding from FIRM, and the capability and critical mass that has been developed, together with the associated knowledge base, represents a major resource for industry.

In addition, the public good food research programmes have been instrumental in the development of a number of food products which contribute to the health and nutritional intake of the consumer.

EU Directives.

Paul Nicholas Gogarty

Question:

110 Mr. Gogarty asked the Minister for Agriculture and Food the progress with regard to implementing the Nitrates Directive 1991. [6980/05]

The implementation of the Nitrates Directive is a matter in the first instance for the Minister for the Environment, Heritage and Local Government. Ireland submitted an action programme for further implementation of the directive to the European Commission on 22 October 2004. The Commission conveyed its view, by way of a Letter of Formal Notice under Article 228 of the EU Treaty issued to Ireland dated 22 December 2004, that the action programme is not complete and does not comply with the requirements of the directive and the judgment of the European Court of Justice against Ireland delivered on 11 March 2004.

My Department is working with the Department of the Environment, Heritage and Local Government on the preparation of a response to the Commission. Senior officials from my Department and their counterparts in the Department of the Environment, Heritage and Local Government are in contact with the relevant Commission officials and this process of consultation and negotiation is continuing. Agreement with the Commission is necessary not only to avoid the risk of substantial fines on Ireland but also to safeguard ongoing EU funding of rural development measures.

It remains my objective, and it is also the objective of the Minister for the Environment, Heritage and Local Government, to reach agreement on an action programme that meets the objectives of the nitrates directive in terms of safeguarding water quality, while minimising the burden of compliance that the agreement will place on farmers and safeguarding the future of the commercial farming sector.

Sugar Beet Industry.

Pat Rabbitte

Question:

111 Mr. Rabbitte asked the Minister for Agriculture and Food if she will meet a group (details supplied) to discuss the proposed closure of the sugar factory in Carlow; and if she will make a statement on the matter. [6971/05]

I received a request for a meeting from the group in question and I have arranged to meet them.

Grant Payments.

Simon Coveney

Question:

112 Mr. Coveney asked the Minister for Agriculture and Food her position on the proposed cut by the EU on grant aid for forestry; and if she will make a statement on the matter. [6792/05]

Jimmy Deenihan

Question:

128 Mr. Deenihan asked the Minister for Agriculture and Food the position regarding the proposed changes to the forest premium scheme and grants available for planting; and if she will make a statement on the matter. [7050/05]

I propose to take Questions Nos. 112 and 128 together.

The issues raised by the Deputies relate to proposals for forestry contained in the draft rural development regulation 2007-13, first published by the European Commission last summer, and which is the subject of ongoing negotiations in Brussels. I must emphasise that these are merely proposals at this stage and they are some way from agreement in their present format.

When the proposed new regulation was first published, Ireland was one of the first member states to recognise the threat that the draft regulation posed to countries with active afforestation programmes.

From the outset, the Irish position on the draft regulation in relation to forestry has been clear and unequivocal. We have continually and consistently made known our opposition to the Commission's proposals particularly those proposing to reduce establishment grants, premiums and associated premium payment periods.

This is the position we have articulated consistently at every level from working group up to the Agriculture Council. I expressed my views on the impact of the proposals for forestry in Ireland at the ministerial Agriculture Council meeting in November 2004 and directly to Commissioner Fischer Boel. I restated these views, at the Agriculture Council meeting this week.

We will continue to work at all levels to achieve the best possible deal for Ireland in the admittedly tough negotiations that lie ahead. Early on in the process I established a consultative-liaison group, comprising representatives of the forestry sector, which meets regularly. Through this group, the sector is consulted and informed of developments.

Final decisions on the proposed regulations are not expected to be taken by the Council of Ministers for some months.

Rural Environment Protection Scheme.

Willie Penrose

Question:

113 Mr. Penrose asked the Minister for Agriculture and Food the level of participation to date in REP scheme 3; if she is satisfied with this level of participation; her plans for the future of the REP scheme; and if she will make a statement on the matter. [6970/05]

Up to last Friday, 25 February, over 17,000 applications have been received for REPS 3 since its introduction in June 2004. With some 27,000 farmers in REPS 2 this brings the overall participation level in REPS to approximately 44,000.

The level of applications received under REPS 3 compares very favourably with any similar time period since REPS began in 1994 and is very encouraging. I expect participation levels to surpass the previous peak of 45,500 by the middle of this year. My Department's Vote for 2005 includes €271 million for REPS which represents an increase of 30% on the 2004 outturn and will, I believe, be sufficient to accommodate demand.

The current scheme is covered by EU Commission Regulation on Rural Development 1257/1999, which runs to the end of 2006. The next programming period will run from 2007 to 2013 and the regulations are already at an advanced stage of drafting. It is already clear that they will provide for agri-environment. The precise shape of the successor to REPS will be determined in the light of these regulations when they are finalised, but there is every reason to expect that we can make another scheme available that will be attractive to farmers while continuing to deliver environmental benefits and public good as well. In negotiating the terms of this new scheme and the level of EU funding for it with the Commission, it will be important to be able to point to REPS 3 as a success. It is important, therefore, that all parties including the farming organisations work to encourage and facilitate the highest possible take-up of the scheme for the remainder of the current period.

EU Directives.

Seán Ryan

Question:

114 Mr. S. Ryan asked the Minister for Agriculture and Food the discussions she has had with other Departments and State agencies with a view to meeting the EU Biofuels Directive requiring Ireland to replace 2% of petrol and diesel with renewable fuels by the end of 2005. [6973/05]

My colleague, the Minister for Communications, Marine and Natural Resources, is responsible in the first instance for the promotion and development of renewable energy, including biofuels, and is committed to the development and promotion of a biofuels market in Ireland's transport fuel sector.

An interdepartmental group, chaired by the Department of Communications, Marine and Natural Resources and comprising officials from my Department, the Departments of Finance and Transport, the Department of the Environment, Heritage and Local Government and Sustainable Energy Ireland, SEI, has been set up to consider policy options for the development of a biofuels sector in Ireland.

Bernard J. Durkan

Question:

115 Mr. Durkan asked the Minister for Agriculture and Food the extent to which she has measured the potential impact of the nitrates directive and its likely effect on production; and if she will make a statement on the matter. [6931/05]

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

My Department in association with Teagasc has for some time been evaluating the possible effect on farming of the further implementation of the directive. These studies have indicated that the great majority of farmers are already operating below the general limit of 170 kg of organic nitrogen per hectare specified in the directive and so their stocking levels would not be affected. A proportion of farmers, mainly in the dairy sector, operate above that level. A proposal has been made to the European Commission for arrangements that would allow farmers to continue to operate at organic nitrogen levels of up to 250 kg per hectare level under appropriate conditions. The Commission has indicated that it will consider this proposal when the nitrates action programme itself is agreed.

Teagasc, at my Department's request, is currently finalising a farm facilities survey to establish baseline data on farm facilities and management practices relating to manure, dirty water and fodder systems. This survey will allow a more precise assessment of the amount of additional manure storage capacity that will be needed to meet the requirements of the action programme.

World Trade Negotiations.

Gay Mitchell

Question:

116 Mr. G. Mitchell asked the Minister for Agriculture and Food the discussions she has had with the EU Commission regarding the next round of the WTO; and if she will make a statement on the matter. [6802/05]

I discussed the WTO agriculture negotiations and Irish concerns in relation thereto at a bilateral meeting with the Commissioner for Agriculture and Rural Development on 20 December 2004. The negotiations were also discussed at the Council of Agriculture Ministers meeting I attended on 21 December 2004. The Council reviews developments in the negotiations on a regular basis and will be discussing the situation again at its meeting on 14 March, which I plan to attend.

Alternative Farm Enterprises.

Olivia Mitchell

Question:

117 Ms O. Mitchell asked the Minister for Agriculture and Food further to the Bacon review of the forestry sector, her proposals to develop the sector, particularly in reaching the planting target set out in the programme for Government 2002; and if she will make a statement on the matter. [6784/05]

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

Given that EU funding of forestry currently accounts for up to 60% of public investment in the sector, proposals for the further development of the sector must await the final terms of the rural development regulation and consideration of the likely impact on Irish forestry.

For 2005, I have made sufficient funds available to support an increased planting programme of some 15,000 hectares, which compares with the 11,000 hectares planted in 2004.

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

Animal Welfare Bodies.

Pat Carey

Question:

118 Mr. Carey asked the Minister for Agriculture and Food if she will report on the assistance available to animal welfare centres throughout the country. [6868/05]

In recent years, my Department has made ex-gratia payments to a number of organisations directly involved in the delivery of animal care. Initially, these payments were made from residual funds in my Department’s Vote at the end of each year. However, specific provisions for this purpose have been included in my Department’s Estimates in recent years.

In 2004, €1 million was allocated to 83 organisations throughout the country involved in the direct delivery of animal care and welfare services to help towards their work during 2005.

Any animal welfare body that is involved in the direct delivery of welfare services or care and that wishes to be considered for funding for activities in 2006 should submit a request in writing to my Department.

Alternative Farm Enterprises.

Brian O'Shea

Question:

119 Mr. O’Shea asked the Minister for Agriculture and Food if she has proposals to kickstart and sustain the development of alternative enterprises on the farm; and if she will make a statement on the matter. [5811/05]

Grant aid is available from my Department for the on-farm development of alternative enterprises under the scheme of investment aid in alternative enterprises, housing and handling facilities. By virtue of the terms of that scheme, eligible farmers are entitled to grant-aid at rates of either 40% or 20%, depending on the level of income of the farmer concerned, in respect of investments carried out in relation to horses, deer, goats, rabbits or other acceptable non-quota species. The maximum amounts of investment eligible for grant aid are €31,743 in the case of horses and deer and €6,349 in the case of other species.

Food Labelling.

Dan Neville

Question:

120 Mr. Neville asked the Minister for Agriculture and Food the action she intends to take to improve the standard of food labelling; and if she will make a statement on the matter. [6797/05]

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

Good progress has been made to date in relation to the implementation of the recommendations in the labelling report. There were a total of 21 recommendations, many of which are beyond the remit of my Department and some of which were to be activated only after others had been completed.

The two main issues that emanated from the recommendations of the labelling group were centralising enforcement in one agency and the definition of origin.

Enforcement of all of the food labelling regulations has now been centralised in the Food Safety Authority of Ireland, FSAI. This will not only streamline the enforcement measures but will also provide a one-stop shop for any complaints on mislabelling of food. The centralisation of food labelling policy, with the exception of fish, in both the Department of Health and Children and my Department achieves another recommendation of the food labelling group. There was full agreement within the food labelling group that consumers have a right to information on the origin of the meat they cook in their homes or eat out. While the group could not agree on how origin should be defined, there was unanimous agreement that further research was necessary to establish consumers' wishes in this area. The consumer liaison panel has carried out this research, the results of which were presented in December 2003.

At the beginning of 2004, two regulations in relation to the labelling of poultry meat were introduced. The first of these regulations requires poultrymeat, loose and pre-packaged, originating in a country outside the EU to bear an indication of the country of origin when offered for sale in a retail premises. The second requires information regarding class, price per unit weight, condition and slaughterhouse details in respect of loose, non-prepackaged, poultrymeat to be provided to the consumer.

EU regulations provide for a detailed labelling system for beef to be applied at retail sale, which is over and above the general labelling provisions. These regulations do not apply at restaurant and catering sector level. It is my intention to proceed with a legal requirement that country of origin must be displayed in respect of beef served on such premises. The legal options allowing for this development are being examined at present.

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

There have been significant developments on food labelling and I am satisfied that there are other issues of concern are being actively addressed. Today's consumers should be in a position to make food consumption choices which best suit their circumstances and preferences, and an appropriate labelling system is a key element in bringing this about.

Live Exports.

Paddy McHugh

Question:

121 Mr. McHugh asked the Minister for Agriculture and Food the situation regarding the live shipping of animals from Ireland. [6873/05]

I am pleased to be able to tell the Deputy that the live cattle export trade recently resumed on the ferry service between Rosslare and Cherbourg. This is a timely development for the livestock exporters and farmers generally and ends recent uncertainty over the future of the live cattle export trade. In addition to this roll on-roll off service, there are 16 dedicated walk on-walk off vessels approved to carry cattle from the State.

Animal Diseases.

Ciarán Cuffe

Question:

122 Mr. Cuffe asked the Minister for Agriculture and Food if she will report on the quarantine and other measures to prevent the introduction of animal and plant diseases into Ireland. [6978/05]

With regard to EU trade under the single market trade in animals and animal products is permitted on the basis that harmonised controls apply. These controls are set down in Council Directives 90/425/EEC, 89/662/EEC and 91/628/EC. Animal products being imported into Ireland must come from an EU-approved premises and bear an EU health mark. A health certificate must accompany all animals imported. The contents of the health certificate were harmonised under Commission Regulation 599/2004 and contain details of the requirements the animal must fulfil prior to travel and the inspections carried out to ensure that these requirements are fulfilled. These conditions are set down to protect animal health and public health. My Department also requires that advance notification of any import be given.

With regard to imports from outside the EU, strict conditions are also in force to prevent the introduction of disease. These include a requirement that the exporting country has been approved by the EU as having veterinary controls at least equivalent to those in place in the EU. The animal or animal product must originate from an area where there are no restrictions imposed under EU safeguard measures, must come from establishments which are under the supervision and control of the competent authorities and must be correctly identified and be accompanied by the specific health certificate conforming to the models laid down in EU legislation. Imports into the EU must be presented for veterinary inspection at an EU approved border inspection post following the submission of advance notification.

Compulsory six-month quarantine applies to all pet dogs and cats brought into Ireland from any country not deemed low risk for rabies under the harmonized EU system on the movement of pets. Pet dogs and cats from low-risk countries may be brought directly into Ireland provided that conditions on identification, vaccination and blood testing are met.

In relation to plant health, Council Directive 2000/29/EC sets out the restrictions and protective measures which aim to protect plant health within the European Community. This directive is transposed into Irish law under SI 894 of 2004, European Communities (Control of Organisms harmful to Plants and Plant Products) Regulations 2004.

My Department enforces these regulations which provide for controls on imports, exports and movement of plants and plant products in the country. If plants or plant products are found not to comply with the regulations then appropriate measures are taken including appropriate treatment or destruction. These measures prevent the introduction or spread of plant diseases and pests and ensure the high plant health status of the country.

Afforestation Programme.

Donie Cassidy

Question:

123 Mr. Cassidy asked the Minister for Agriculture and Food the progress on tree plantings; the value of the forestry sector; and the number of jobs involved. [6867/05]

New planting over the last number of years has averaged out at approximately 14,000 hectares per annum. The outturn for 2004 is estimated to be in the region of 11,000 hectares. This year, I am making sufficient funding available to increase the level of planting to 15,000 hectares. Achieving this target is of course dependent on demand materialising from land-owners, principally farmers. However, given the unprecedented concessions on stacking which were won by Ireland in the CAP negotiations, I am hopeful that many farmers will see that forestry has a valuable role to play in their future.

The most recent estimate of the total turnover of the forestry sector, as published in A Review and Appraisal of Ireland's Forestry Development Strategy by economic consultants, Peter Bacon & Associates, is €763 million in 2002. In terms of direct payments to those who have planted and maintain plantations, the expenditure in 2004 was some €100 million.

The same report has estimated that 16,175 people in the Irish economy are directly engaged in growing and using forest products or are engaged in related sectors.

Sugar Beet Industry.

Jack Wall

Question:

124 Mr. Wall asked the Minister for Agriculture and Food the circumstances in which she can or is prepared to use the golden share she holds in the Irish Sugar Company; and if she will make a statement on the matter. [6955/05]

Brendan Howlin

Question:

136 Mr. Howlin asked the Minister for Agriculture and Food if her approval has been sought from a company (details supplied) for the proposed sale of the site of the Carlow plant which is to close on 11 March 2005; if she intends to give her approval; and if she will make a statement on the matter. [6957/05]

I propose to take Questions Nos. 124 and 136 together.

As Minister I hold a special share in Greencore plc. That share has the same monetary value as any other share in the company but has conditions attached which prevent the company from engaging in a number of activities without the prior written consent of the Minister. In summary, the special share prevents the disposal of the controlling interest in Irish Sugar Limited, or a certain percentage of the sugar assets and prevents a single shareholder or group of shareholders from gaining control of Greencore plc.

I have not received any request from the company for consent to the sale of the Carlow site.

Farm Advisory Service.

Damien English

Question:

125 Mr. English asked the Minister for Agriculture and Food her plans to develop the Teagasc service provided to farmers; and if she will make a statement on the matter. [6789/05]

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

Teagasc has 1,360 permanent staff, comprising advisers, teachers and research scientists with appropriate supporting services. These are complemented by 250 contract staff, as well as teaching staff in the private agricultural and horticultural colleges. Teagasc staff carry out their functions from more than 90 locations.

Teagasc's operating budget for 2005 amounts to over €155 million. Advisory services make up the biggest budget item — 35% of expenditure, followed by production research, 32%, training programmes, 19%, and food research, 13%. My Department's provision to Teagasc for capital and non-capital purposes in 2005 amounts to €123 million. The amount for non-capital purposes is €118.5 million and for capital development purposes the allocation is €4.5 million. By any standards these are substantial resources and are a clear indication of the Government's continuing commitment to supporting Teagasc activities.

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

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

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

Pádraic McCormack

Question:

126 Mr. McCormack asked the Minister for Agriculture and Food her plans to provide greater support for small farmers; and if she will make a statement on the matter. [6801/05]

I am keenly aware of the need to make available appropriate supports for small farmers. In this regard, as the Deputy is no doubt aware, small farmers benefit from all of the supports, within the legal framework of the European Union, administered by my Department.

One of the areas where this is possible is the rural environment protection scheme, REPS. The latest version of the scheme was introduced in June 2004. In addition to an average increase of 28% in payment rates, payment of €200 per hectare is also provided for the first 20 hectares, and €175 per hectare for the next 20 hectares, and for further payment digression thereafter.

Under the CAP rural development plan 2000-2006 compensatory allowances payable in the disadvantaged areas moved from a payment per animal to a payment based on area. Under the new area based scheme, farmers in the disadvantaged areas with a minimum stocking density of 0.15 livestock units per hectare can qualify for payment on up to 45 hectares of land. At present, approximately 99,800 farmers qualify for payments totalling €231 million annually. This represents an average payment of €2,315 compared with an average payment of €1,523 under the old headage schemes. The smaller farmer has clearly benefited under the new scheme which will continue in its present format for 2005 and 2006.

Details of new criteria for designation of disadvantaged areas from 2007 onward have recently been received from the European Commission and are being examined in detail by my Department. I have signalled to the Commission the sensitivity of this issue to Ireland in order to ensure that the new criteria do not reduce in any way the benefits of the compensatory allowance scheme.

Under the milk quota restructuring programme, which I announced before Christmas, small farmers again receive particular consideration in that producers with a quota of less than 350,000 litres will be able to purchase twice the amount available to larger producers in the same co-op area. Moreover, younger farmers with less than 350,000 litres will have priority access to a further 25% of the pool.

In the milk quota appeals tribunal hardship scheme for 2004-05, priority is being given to applications from small-scale producers. In addition, support is available to eligible farmers under the farm assist scheme, administered by my colleague, the Minister for Social and Family Affairs.

Animal Diseases.

Paddy McHugh

Question:

127 Mr. McHugh asked the Minister for Agriculture and Food the position regarding tuberculosis and brucellosis incidence in the country. [6872/05]

Preliminary figures relating to the incidence of bovine TB in 2004 show a significant improvement on the position in 2003. The positive trend of recent years continued and the current estimate is that the number of reactors in 2004 will be under 23,000. This represents close on a 50% fall in reactor numbers from 1998 to 2004.

The incidence of brucellosis also continued to decline in 2004. The number of laboratory positives has fallen from 6,417 in 1998 to 664 last year. This represents a 90% reduction in disease levels in that period. During the same period, the total number of animals slaughtered under the eradication programme fell from 29,778 to 6,195.

The substantial improvement in the national situation for both of these diseases is due to a number of factors, including improved co-operation from all interested parties. I am confident that this progress can be maintained into the future with the continued operation of the existing measures and the ongoing cooperation of farmers and all involved in the livestock industry. It will be necessary, however, in the medium term to continue with the existing comprehensive control and eradication measures, which have brought about positive results in recent years in terms of reduced incidence of the disease.

Question No. 128 answered with QuestionNo. 112.

Grant Payments.

Liam Twomey

Question:

129 Dr. Twomey asked the Minister for Agriculture and Food if deductions from farmers’ single farm payment will not exceed 3% when linear and other cuts are accounted for; and if she will make a statement on the matter. [6782/05]

European Council Regulation 1782/2003 governing the single payment scheme provides that each member state must set up a national reserve using between 1% and 3% of every individual farmer's entitlements. A single payment advisory group comprising representatives from the farming organisations, Teagasc and officials from my Department has been set up to advise on the national reserve. A 3% provisional reduction for the national reserve is reflected in the certificates of provisional entitlements that have already issued to farmers.

I have already decided that in the event of the sum of individual payment entitlements for Irish farmers exceeding our financial ceiling, thus necessitating a linear percentage reduction for all farmers, such linear percentage reduction would be accommodated within the 3% provisional reduction already applied for the national reserve.

The Council regulation also provides for a reduction for modulation of 3% in 2005 rising by a further 1% in each of 2006 and 2007. The 3% deduction for modulation has also been reflected in the provisional statements of entitlements, which have already issued. However, a refund of this money will be made in respect of the first €5,000 of the single payment in each case. It is estimated that 46% of Irish farmers will, in effect, not be subject to modulation at all.

Rural Environment Protection Scheme.

Jim Glennon

Question:

130 Mr. Glennon asked the Minister for Agriculture and Food if she will report on prospects for REP scheme 3 in 2005. [6874/05]

Up to last Friday, 25 February, over 17,000 applications have been received for REPS 3 since its introduction in June 2004. With some 27,000 farmers in REPS 2 this brings the overall participation level in REPS to approximately 44,000.

The level of applications received under REPS 3 compares very favourably with any similar time period since REPS began in 1994 and is very encouraging. I expect participation levels to surpass the previous peak of 45,500 by the middle of this year. My Department's vote for 2005 includes €271 million for REPS which represents an increase of 30% on the 2004 outturn and will, I believe, be sufficient to accommodate demand.

Farm Household Incomes.

Jan O'Sullivan

Question:

131 Ms O’Sullivan asked the Minister for Agriculture and Food her views on the very small increase in farm incomes in 2004 as reported by the CSO which is not keeping pace with inflation; her proposals to improve farm incomes; the proportion of farm incomes which is derived directly from payments from her Department; and if she will make a statement on the matter. [6967/05]

On 24 February 2005 the CSO published the revised output, input and income statement for agriculture, which reports a 3% increase in aggregate farm income in 2004 compared with a 2.2% increase in inflation in the same year. The 3% increase in incomes should be viewed positively when account is taken of the fact that a substantial amount of payments on 2004 premia entitlements will be paid in 2005 in conjunction with the single farm payment. These include a 40% balancing payment due on livestock premia compared with 20% in the previous four years.

In 2004 over €1.6 billion was paid by my Department to the farming sector in direct payments accounting for 74% of aggregate farm income.

The value of the cattle, sheep and pigs sectors increased by 8.3%, 6.1% and 6.2% respectively. These improvements reflect continuing positive trading conditions on EU markets for beef with consumption exceeding production, good national and international demand for sheepmeat and strong pig prices.

Grant Payments.

Paul McGrath

Question:

132 Mr. P. McGrath asked the Minister for Agriculture and Food the measure she intends to take to address the problems experienced by farmers in the Shannon Callows, as a result of current proposals which do not allow them to split their lands for grant aid purposes between REP scheme funding and funding allocated under the SAC and SPA designation; and if she will make a statement on the matter. [6783/05]

The designation of land under the EU birds and habitats directives is a function of the Department of the Environment, Heritage and Local Government. The question of compensation for farmers in the Shannon Callows area is a matter, in the first instance, for that Department, and I understand that discussions on the matter with the farming bodies have been going on for some time and are not yet concluded.

I have already introduced arrangements designed specifically to address the situation of farmers in the Shannon Callows. Farmers in this area who wish to join REPS, but believe that the REPS payments do not fully offset any income loss arising from the restrictions placed on their farming activities because of designation under the directives, may now also apply to the national parks and wildlife service of the Department of the Environment, Heritage and Local Government for additional compensation. Before this arrangement was introduced in September 2004, they had to choose between REPS and the compensation arrangements operated by the national parks and wildlife service but could not benefit from both. This further concession was additional to the inclusion of a new supplementary measure in REPS when REPS 3 was introduced in June 2004. Designated areas are already eligible for payments under REPS measure A of €242 per hectare for the first 40 hectares and lesser amounts for areas over 40 hectares, and the new supplementary measure provides for an additional payment of €100 per hectare on particular sites in the callows which are important corncrake habitats. Those sites are monitored by BirdWatch Ireland and REPS farmers can qualify for the additional payment by subscribing to BirdWatch Ireland management prescriptions for them.

REPS is a highly successful agri-environment measure and is acknowledged as such by the European Commission. One of the features of REPS which the Commission has commended is the fact that the whole farm is subjected to the full range of basic undertakings. This model has served Irish farmers well since the introduction of REPS in 1994 and it is not my intention to depart from the whole farm approach to accommodate a situation which I believe I have already addressed adequately.

Farm Household Incomes.

Michael D. Higgins

Question:

133 Mr. M. Higgins asked the Minister for Agriculture and Food the number of farmers who have left full-time farming since 1997; her views on the fall in the number of full-time farmers; the steps she is taking to deal with the drift from the land; and if she will make a statement on the matter. [6959/05]

The most recent figures available from the CSO show that there were 77,900 full-time farmers in 2003, a drop of 20,400 since 1997. Over the same period the number of part-time farmers increased by 7,900 to 57,200. This ongoing trend towards part-time farming reflects a combination of factors including the increased availability of off-farm employment and the need for farmers to choose the most effective path to maximise competitiveness and the optimal level of efficient production. In recent years the choice for farmers has tended to involve a combination of part-time farming and the farmer or spouse holding an off-farm job.

This trend away from full-time farming towards the part-time option is expected to continue under the new system of decoupled farm payments. The recent report of the Agri Vision 2015 Committee stated that off-farm employment and income are now standard parts of farm family work and income patterns. It went on to state that there seems to be no doubt that present patterns and trends will continue and that farm household income reliance on off-farm employment will increase under the newly reformed CAP.

Sugar Beet Industry.

Brendan Howlin

Question:

134 Mr. Howlin asked the Minister for Agriculture and Food the consequences she foresees for the sugar industry and agriculture here arising from the recent sugar factory closure in Carlow; if she has had discussions with the farm organisations in this regard; and if she will make a statement on the matter. [6958/05]

The decision by Greencore Group plc-Irish Sugar Limited to close its sugar plant in Carlow and to consolidate all of its sugar manufacturing in Mallow was a commercial decision taken by the company in light of the increasing competition in the sugar market and taking account of the reality that changes will occur in the industry as a consequence of the reform of the EU sugar regime and of WTO developments. The trend towards rationalisation and increased productivity in the sugar sector has been evident throughout the EU for some time. In the EU-15, for example, the number of sugar plants declined from 240 to 135 between 1990 and 2001, while employment in the sector declined from 37,000 to just over 20,000 over the same period.

Following the closure of the Carlow plant, Greencore intends to process the full Irish sugar quota at the Mallow plant. The latter plant will be upgraded at a cost of up to €25 million, demonstrating the company's commitment to maintaining an efficient sugar processing industry in Ireland into the future. I have had several meeting with stakeholders, including farm organisations, about the future of sugar beet growing and processing in this country in the context of the forthcoming reform of the EU sugar regime. It is this reform that poses the real challenge for the Irish sugar industry and I will be continuing my efforts to ensure that the future shape of the EU sugar regime will be consistent with the continuance of an efficient sugar beet growing and processing industry in this country.

Joan Burton

Question:

135 Ms Burton asked the Minister for Agriculture and Food the position with regard to discussions within the EU on proposed reforms of the EU sugar regime; and if she will make a statement on the matter. [6954/05]

The EU Commission outlined its initial ideas for reform of the EU sugar regime in a communication to the Council and the European Parliament last July. The communication was the subject of technical discussions at Council working group level in Brussels and there was a policy debate at the Council of Agriculture Ministers' meeting in November.

The European Commission's initial ideas for reform would, if adopted, have serious repercussions for sugar beet growing and processing in this country and I have made it clear in discussions in the Council of Ministers that they are unacceptable. Ireland is in a group of ten member states with shared concerns about the Commission's proposals in their current form and we made a joint ministerial submission to the Commission outlining these concerns. The next step will be the publication of formal legislative proposals by the Commission. These are expected to emerge in June after the outcome of the EU appeal against the ruling of the WTO sugar panel. In the forthcoming negotiations, my overall objective will be to ensure that the future shape of the EU sugar regime is consistent with the continuation of an efficient sugar beet growing and processing industry in this country.

Question No. 136 answered with QuestionNo. 124.

Trevor Sargent

Question:

137 Mr. Sargent asked the Minister for Agriculture and Food if she will report on the development of the bio-fuel sector in agriculture here and the potential for replacement employment following the decision of a company (details supplied) to close the Carlow sugar factory. [6974/05]

Trevor Sargent

Question:

178 Mr. Sargent asked the Minister for Agriculture and Food if she will report on the development of the bio-fuel sector in agriculture here and the potential for replacement employment following the decision of company (details supplied) to close the Carlow sugar factory. [7054/05]

I propose to take Questions Nos. 137 and 178 together.

The possibility of producing bio-fuel from sugar beet is ultimately a commercial matter for Irish Sugar Limited. The company has indicated that following the closure of the Carlow plant, it intends to process the full Irish sugar quota at its Mallow plant, which will be upgraded. Arrangements are being made to transport the sugar beet from the Carlow catchment area to Mallow. I am concerned about the loss of jobs associated with the closure of the Carlow factory and the personal impact the job losses will have on families. I have been in contact with my colleague, the Minister for Enterprise, Trade and Employment, and I am aware that Enterprise Ireland is actively looking at replacement jobs for the area.

Promotion and development of renewable energy in Ireland are matters in the first instance for the Minister for Communications, Marine and Natural Resources. In so far as renewable energy crops are concerned, Council Regulation (EC) No. 1782/2003 establishing the single payment scheme, introduced an aid of €45 per hectare per year for areas sown with energy crops. The aid is granted in respect of areas where production is covered by a contract between the farmer and a processor, except in the case of processing undertaken by the farmer on his holding. Agricultural raw materials, with the exception of sugar beet, may be grown under the energy crops scheme provided the crops are intended primarily for use in the production of products considered to be biofuels and for electric and thermal energy produced from biomass.

A maximum guaranteed area of 1.5 million hectares for which aid for energy crops can be granted has been established in the European Union. According to figures provided by the EU Commission, in excess of 303,000 hectares was sown with energy crops in 2004, of which 439 hectares were Irish. From 1 January 2005, farmers may claim the energy crop payment in addition to their entitlement under the single farm payment. In addition to this scheme, set-aside land can be used for a variety of non-food uses, including growing of crops for energy purposes, and will therefore qualify to activate set-aside entitlements under the single payment scheme. Biomass production from early forest thinning and short-rotation forestry crops offer considerable scope for use in renewable heat and electrical energy production. In this regard, my Department, through the offices of the National Council for Forest Research and Development, is closely involved with the work of the bioenergy strategy group. This group was established by the Department of Communications, Marine and Natural Resources in association with Sustainable Energy Ireland in December 2003. The objective of this group is 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. The group is inputting into the renewable energy development group which is a group established and chaired by the Department of Communications, Marine and Natural Resources.

Official Engagements.

Bernard J. Durkan

Question:

138 Mr. Durkan asked the Taoiseach the number of persons who travelled to China on the recent promotional trip; the cost to the State in respect of the entire trip including hotel or other accommodation; and if he will make a statement on the matter. [7248/05]

I made an official visit to China and Hong Kong from 18 to 22 January at the invitation of the authorities. The purpose of the visit was to enhance Ireland's strong economic and trade links with China. I was accompanied by the Minister for Enterprise, Trade and Employment, the Minister for Agriculture and Food, the Minister for Education and Science and the Minister for Communications, Marine and Natural Resources, as well as a large business delegation. There was a delegation of seven officials from my Department. Similarly, each Minister had officials accompanying the delegation.

Some of the costs of the visit were borne by the host authorities in China and Hong Kong. In addition, the relevant Departments will be responsible for their own costs and the cost of business development events will be borne by State agencies. While it will be some time before the costs are finalised, the cost to my Department is estimated at €150,000.

Nursing Home Subventions.

Paul Kehoe

Question:

139 Mr. Kehoe asked the Tánaiste and Minister for Health and Children when a person (details supplied) in County Wexford will be reimbursed following the over charging of medical card holders in public nursing homes; and if she will make a statement on the matter. [7112/05]

My Department is studying the Supreme Court decision on the repayment of charges for publicly-funded, long-term residential care in detail and will take on board all the consequences arising from the judgment for policy and law. A special Cabinet sub-committee comprising the Taoiseach, the Minister for Finance, Deputy Cowen, the Attorney General, Mr. Brady, and me has been established to consider the issue of repayment in light of the judgment. Full details of a repayment scheme will be announced as soon as possible. It is intended to make the repayments mechanism is as automatic as possible.

Any person who considers that he or she or a family member may be eligible for repayment may register interest in advance with the Health Service Executive by writing to the national refund scheme, HSE Midland Area, Arden Road, Tullamore, County Offaly. Interest can also be registered by emailing refundscheme@mailq.hse.ie or by calling the help line 1800 777737 during office hours.

Paul Kehoe

Question:

140 Mr. Kehoe asked the Tánaiste and Minister for Health and Children when the family of a person (details supplied) in County Wexford will receive compensation or a refund. [7113/05]

My Department is studying the Supreme Court decision on the repayment of charges for publicly-funded, long-term residential care in detail and will take on board all the consequences arising from the judgment for policy and law. A special Cabinet sub-committee comprising the Taoiseach, the Minister for Finance, Deputy Cowen, the Attorney General, Mr. Brady, and me has been established to consider the issue of repayment in light of the judgment. Full details of a repayment scheme will be announced as soon as possible. It is intended to make the repayments mechanism is as automatic as possible.

Any person who considers that he or she or a family member may be eligible for repayment may register interest in advance with the Health Service Executive by writing to the national refund scheme, HSE Midland Area, Arden Road, Tullamore, County Offaly. Interest can also be registered by emailing refundscheme@mailq.hse.ie or by calling the help line 1800 777737 during office hours.

Hospital Services.

Michael Ring

Question:

141 Mr. Ring asked the Tánaiste and Minister for Health and Children the progress which has been made in re-opening the hospice unit in the Sacred Heart Hospital, Castlebar, County Mayo. [7209/05]

The Health Act 2004 provided for the creation of 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 have delivered on its behalf health and personal social services. Its responsibilities include the provision of palliative care. Accordingly, my Department has requested the chief officer of the executive's western area to investigate the matter raised and reply directly to the Deputy.

Health Services.

Michael Ring

Question:

142 Mr. Ring asked the Tánaiste and Minister for Health and Children the reason full replies have not been received from the Health Services Executive to Parliamentary Questions Nos. 211 and 212 of 26 January 2005. [7210/05]

I understand that the Health Service Executive's western area authority has issued a response to the Deputy dated 28 February 2005.

Hospital Services.

Michael Ring

Question:

143 Mr. Ring asked the Tánaiste and Minister for Health and Children when a person (details supplied) in County Mayo will be called to Galway Regional Hospital for a procedure. [7211/05]

The Health Act 2004 provided for the creation of 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 have delivered on its behalf health and personal social services. Its responsibilities include the provision of services at Galway Regional Hospital. Accordingly, my Department has requested the chief officer of the executive's western area to investigate the matter raised and reply directly to the Deputy.

Health Services.

Mary Upton

Question:

144 Dr. Upton asked the Tánaiste and Minister for Health and Children her plans to provide a microbiological reference laboratory for testing samples from cystic fibrosis patients; if her attention has been drawn to the fact that certain samples must be sent to the UK for testing, resulting in delay in the commencement of appropriate treatment; her views on whether this delay may seriously affect the severity of the infection; and if she will make a statement on the matter. [7212/05]

Mary Upton

Question:

145 Dr. Upton asked the Tánaiste and Minister for Health and Children her plans to speed up the provision of single hospital rooms for patients with cystic fibrosis; if her attention has been drawn to the fact that patients are currently allocated beds in the same wards as other patients with cystic fibrosis, and with patients with other illnesses; if her attention has been drawn to the high risk of cross-infection from these patients and to the hazard that this may present to cystic fibrosis patients; and if she will make a statement on the matter. [7213/05]

I propose to take Questions Nos. 144 and 145 together.

The Health Act 2004 provided for the creation of 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 have delivered on its behalf health and personal social services. Its responsibilities include the provision of hospital services to patients with cystic fibrosis. Accordingly, my Department has requested the director of the national hospitals office of the Health Service Executive to investigate the matters raised and reply to the Deputy directly.

Food Safety Standards.

Finian McGrath

Question:

146 Mr. F. McGrath asked the Tánaiste and Minister for Health and Children her strategies to deal with food safety; and if she will make a statement on the matter. [7214/05]

In Ireland responsibility for food safety is shared across a number of Departments and agencies. For example, the Department of Agriculture and Food is responsible for policy matters in relation to food of animal origin while the Department of Communications, Marine and Natural Resources is responsible for policy aspects of fishing and aquaculture. My Department has policy responsibility for food safety in retail and catering establishments, and in plants manufacturing foods of non-animal origin.

In January 1999 the Food Safety Authority of Ireland was established as a statutory, independent and science-based body operating under the aegis of my Department. Its principal function is to take all reasonable steps to ensure that food produced, distributed or marketed in the State meets the highest standards of food safety and in particular to ensure that such food complies with food legislation and where appropriate with recognised codes of good practice. The authority carries out its enforcement functions through service contracts with official agencies. These contracts outline an agreed level and standard of food safety activity that the agencies perform as agents of the authority. The authority has service contracts with county councils and city councils, the Health Service Executive — formerly the health boards, the Department of Agriculture and Food, the Department of Communications, Marine and Natural Resources, the Office of the Director of Consumer Affairs and the Marine Institute. In addition, the authority has memorandums of understanding in place with the Radiological Protection Institute of Ireland and the Customs and Excise service.

I am satisfied that the food safety structures in place have delivered a high level of consumer protection and confidence in the safety of food produced and marketed in this country. However, this matter is reviewed on an ongoing basis — particularly in the light of developments at EU level.

Health Services.

Michael Lowry

Question:

147 Mr. Lowry asked the Tánaiste and Minister for Health and Children the situation with regard to orthodontic treatment in the mid-western region of the HSE and in north Tipperary; if she will deal with the huge waiting list for children in the region; her plans to deal with any pay differential between qualified orthodontic specialist in the region by comparison with other regions; and if she will make a statement on the matter. [7215/05]

The Health Act 2004 provided for the Health Service Executive, 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 orthodontic services. Accordingly, my Department has requested the chief officer for the executive's mid western area to investigate the matter of orthodontic treatment and orthodontic specialist pay and to reply directly to the Deputy.

Nursing Home Subventions.

Michael Lowry

Question:

148 Mr. Lowry asked the Tánaiste and Minister for Health and Children the estimated number of persons to whom money is owed in north Tipperary as a result of the Supreme Court decision of 16 February 2005 that the Health (Amendment) (No. 2) Bill 2004 is unconstitutional; if no estimate is available, when such will be made available; and if she will make a statement on the matter. [7216/05]

My Department is studying the Supreme Court judgment in detail and will take on board all the consequences for policy and law arising from the judgement.

The details of a repayment scheme to address the situation following the Supreme Court decision are currently being finalised and it is only following this that it would be possible to calculate the money owed by specific area.

Health Service Payments.

Denis Naughten

Question:

149 Mr. Naughten asked the Tánaiste and Minister for Health and Children the total value and number of uncashed cheques issued by each health board in each of the past five years; the elements which are EU and State funds in each respective year; the purposes for which these funds are utilised; and if she will make a statement on the matter. [7276/05]

Cheques written and not presented for payment to a bank are cancelled out of date automatically after six months. In the matter of funding provided for the health services, approximately 83% of gross spending is Exchequer funding, with the remainder coming from health agencies income, which includes patient charges and payroll deductions, and appropriations-in-aid, mainly comprised health contributions, excise duty on tobacco and recovery of health service costs under EU regulations.

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. The information requested by the Deputy is not routinely collected by my Department. Therefore, my Department has requested the chief officer of each of the executive's regional areas to reply directly to the Deputy with the information requested.

Tribunals of Inquiry.

John Deasy

Question:

150 Mr. Deasy asked the Tánaiste and Minister for Health and Children the reason funding has been withdrawn from a group (details supplied) in respect of the Dunne Inquiry; if she is satisfied that the chairman’s report will be ready by 31 March 2005 as promised; and if she will make a statement on the matter. [7283/05]

Funding has not been withdrawn from the Parents for Justice group. A sum of €150,000 was provided to fund the group from January 2005 to 30 June 2005. The situation in relation to subsequent funding after that date will be assessed in the coming months.

I have conveyed the Government decision of September 2004, that the inquiry shall cease to exist after 31 March 2005 to the chairman of the post mortem inquiry and I expect to receive the chairman's report on or before that date.

Private Health Insurance.

David Stanton

Question:

151 Mr. Stanton asked the Tánaiste and Minister for Health and Children if regulations have been made to enable persons aged 65 and over who decide to avail of private health insurance cover for the first time or wish to renew cover after a material break in previous cover to do so; if not, when such regulations will be made; and if she will make a statement on the matter. [7289/05]

The Health Insurance (Amendment) Act 2001 contained provision for the introduction of a system of lifetime community rating which will involve allowing health insurers to apply late entry premium loadings to persons who delay taking out insurance cover until, or after the age of 35 years. Under this system, access to cover will be open to persons aged 65 or over who decide to avail of cover for the first time, or wish to renew cover after a material break in previous cover.

While the primary legislation is in place, the detailed implementation of lifetime community rating will be by way of regulations. Drafting of the regulations is in train and they will be introduced as soon as is practicable.

EU Directives.

Phil Hogan

Question:

152 Mr. Hogan asked the Minister for Finance the number of EU directives and regulations for which his Department has responsibility and which have yet to be implemented; the matters covered by these measures; the number in respect of which the deadline of implementation has passed; if he is satisfied with the rate of compliance by his Department; the number of cases in which legal actions have been notified or commenced by the EU Commission arising from a failure to implement a directive; and if he will make a statement on the matter. [7281/05]

There are currently nine EU directives for which my Department has responsibility which have yet to be implemented. The deadline has passed in the case of five of these. However, one of the five directives was transposed through a number of sections in Part 3 of the Finance Act 2004 ahead of the transposition deadline of 1 January 2005 but the European Commission is still treating it as being overdue. Attempts are being made to resolve the issue. Two of the five listed as being overdue will be transposed in the Finance Bill 2005 while in the case of a third, a statutory instrument is in the process of being finalised and will be transposed speedily. An infringement notice, No. 2004/0921, has been received in respect of the remaining directive where the transposition deadline has passed. This will be transposed shortly. The details of each of the directives are as follows:

1. Directive 2003/98/EC: Re-use of Public Sector Information. This directive lays down ground rules for the re-use of public sector information for commercial purposes. The deadline for implementation is 1 July 2005.

2. Directive 2004/18/EC: Revised Public Sector Procurement Directive. This directive co-ordinates the procurement procedures for the award of public works contracts, public supply contracts and public service contracts. The deadline for implementation is 30 January 2006.

3. Directive 2004/17/EC: Revised Utilities Sector Procurement Directive. This directive co-ordinates the procurement procedures of entities operating in the water, energy, transport and postal services sector. The deadline for implementation is 30 January 2006.

4. Directive 2004/39/EC: Markets in Financial Instruments Directive, MIFID. This directive allows investment firms to provide their services across the EU on the basis of their home country authorisation, that is, it will give them an effective "single passport". The deadline for implementation is 30 April 2006.

5. Directive 2004/069 Commission Directive of 27 April 2004. This directive amends the definition of "multilateral development banks" in the codified banking directive to include the Multilateral Investment Guarantee Agency, MIGA. The deadline for implementation was 30 June 2004. An infringement notice, No. 2004/0921, has been received. This directive will be transposed shortly.

6. Council Directive 2003/92/EC of 7 October 2003 amending Directive 77/388/EEC as regards the rules for VAT on the place of supply of gas and electricity. This directive was transposed through a number of sections in Part 3 of the Finance Act 2004 ahead of the transposition deadline of 1 January 2005.

7. Council Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for the taxation of energy products and electricity. The deadline was 31 December 2003. Ireland was already in compliance with all significant requirements of the directive prior to 1 January 2004. In relation to the outstanding elements of this directive, we have already informed the Commission that they will be transposed through the Finance Bill 2005.

8. Council Directive 2004/56/EC of 21 April 2004 amending Directive 77/799/EEC concerning mutual assistance by the competent authorities of the member states in the field of direct taxation and taxation of insurance premiums. The deadline was 1 January 2005. A statutory instrument is in the process of being finalised and will be transposed speedily.

9. Council Directive 2004/66/EC of 26 April 2004 adapting a number directives, in the fields of free movement of goods, freedom to provide services, agriculture, transport policy and taxation by reason of the accession of the ten new member states. The deadline was 1 May 2004. The remaining taxation aspects of this directive, namely the taxation of savings aspects, will be transposed through the Finance Bill 2005.

There are two cases where directives have already been transposed but where a legal action has been notified or commenced by the EU Commission.

The first relates to infringement notice, No. 2004/0924, for Commission Directive 2004/79/EC of 4 March 2004. That directive adapting Directive 2002/94/EC in the field of taxation, by reason of the accession of the ten new member states was transposed into Irish law on 15 December 2004 by way of a Statutory Instrument No. 851 of 2004. In response to the infringement notice of 13 December 2004, the Irish permanent representation notified the Commission of our previous correspondence alerting them to the directive's transposition and subsequently sought the withdrawal of the infringement notice. As a result of further follow up contact, we now understand that it will be proposed that the infringement procedure be suspended in the coming weeks.

The second relates to infringement notice, No 2004/4084, which has been received from the European Commission concerning the general treatment for VAT purposes of services provided by public bodies and local authorities and the transposition in this regard of certain provisions of the sixth VAT directive. The sixth VAT directive has been transposed into Irish law but the Commission is now querying the completeness of the transposition in the area of the general treatment for VAT purposes of services provided by public bodies and local authorities.

Every effort is being made in my Department, in conjunction with the Office of the Attorney General and Parliamentary Counsel to the Government, to ensure that outstanding directives will be transposed as a matter of urgency and that remaining directives will be transposed on time and that the other issues raised by the Commission will be resolved as soon as possible.

Banking Sector Regulation.

Billy Timmins

Question:

153 Mr. Timmins asked the Minister for Finance if his attention has been drawn to financial companies that may not be subject to financial regulations and which may be charging extraordinarily high interest rates; if so, his plans to deal with same; and if he will make a statement on the matter. [7292/05]

I assume that the Deputy is referring to non-deposit-taking financial service providers who offer loans secured on property to persons who are perceived as poor credit risks and are thus unable to secure credit from mainstream lenders.

The Consumer Credit Act is the principal source of protection to personal borrowers. All financial service providers that provide loans secured on a person's principal private residence are subject to the provisions of Part 9 of the Act. This is as a result of an amendment to the Act made last year, following consideration of a recommendation of the 1999 McDowell report.

The Act subjects all lenders who provide finance on the security of the family home to a range of obligations. These include: provision of a written loan agreement; quoting the APR and any other fees that will be charged; a requirement to warn the borrower about the risk of losing their home; and an obligation to put mortgage protection insurance in place. Apart from the special case of the family home, the Act does not apply where a loan is given for a commercial purpose.

There is no statutory oversight of interest rates, except for the special case of moneylenders who come within the scope of Part 8 of the Consumer Credit Act. This special category of lender typically provides short-term loans to poor credit risks at very high APRs. Such lenders are required to hold a moneylender's licence and the financial regulator can refuse to grant such a licence on the grounds that the cost of credit is excessive. The requirement to hold such a licence, and the corresponding oversight of interest rates, only applies to this specialist category of lender.

The financial regulator already has the power under the Consumer Credit Act to give directions to a mortgage lender in relation to misleading advertising, as well as to prosecute for breaches of the Act. In addition, under the legislation establishing the regulator, its consumer director has responsibility for monitoring the provision of financial services to consumers generally and the power to require a provider of such services to furnish information relevant to any inquiry or study that the director chooses to undertake.

I am at present consulting the Ombudsman Council about the financial service providers, not regulated by the financial regulator, that should be brought within the scope of the Financial Services Ombudsman, when the ombudsman commences operations on 1 April. The ombudsman has extensive powers to provide redress to consumers who have been unfairly treated by a financial service provider. Subject to the views of the council, I can see merit in including those mortgage lenders who provide loans secured on a person's principal residence.

The authorisation and supervision system that is in place in relation to deposit-taking institutions is primarily designed to protect their depositor customers and the general stability of the financial system. I do not at present have evidence to suggest that an extension of the financial regulator's powers in relation to non-deposit-taking mortgage lenders would be justified, bearing in mind that there are no depositors to be considered and that the additional costs involved would ultimately fall on their borrower customers. However, should such evidence emerge from consideration by the financial regulator, the ombudsman or other sources, I am open to making suitable amendments to the law. The forthcoming Bill to consolidate and modernise our financial services legislation could offer a suitable vehicle for such amendments.

Fisheries Protection.

Pádraic McCormack

Question:

154 Mr. McCormack asked the Minister for Communications, Marine and Natural Resources his views on the recommendation of the National Salmon Commission that salmon drift net fishermen be allowed to continue drift net fishing, which is threatening salmon stocks; the proposed quota for 2005 for drift net fishermen; the proposed quota for rod anglers; the areas in which no salmon may be caught; and if he will make a statement on the matter. [7269/05]

I rely upon the advice of the National Salmon Commission and the regional fisheries boards' managers in determining the terms of the wild salmon and sea trout tagging scheme which, inter alia, sets out district quotas for the commercial catch and the conservation of salmon and sea trout bye-law which provides for angling bag limits and total allowable catch.

I met the National Salmon Commission on 22 February last, in the course of its meeting at which it was considering the scientific and management advice available with a view to making recommendations on the management of the wild salmon fishery in 2005. The commission had not completed its discussions at that time.

Once I have received the detailed recommendations from the commission, the Department's officials will proceed to finalise the draft regulations to give effect to any proposed adjustments.

It is my intention to publish the draft wild salmon and sea trout tagging scheme regulations for a 30-day consultation period later this month, in accordance with the requirements of the Fisheries Acts. During this time, interested parties will have an opportunity to submit any objections they may have. Following the receipt and consideration of these, I will then make a final decision on the scheme.

Environmental Protection.

Michael Ring

Question:

155 Mr. Ring asked the Minister for Communications, Marine and Natural Resources if a health and safety possibility (details supplied) has been addressed by the EIS; and if he will make a statement on the matter. [7270/05]

The environmental impact statement, EIS, dealt specifically with environmental matters and the quantified risk assessment, QRA, addressed safety issues, among other things. The design codes for the pipeline as proposed by the developers in its QRA took into account the issues raised by the Deputy.

As part of my Department's evaluation of the plan of development process including pipelines, an independent evaluation of the pipeline design code was commissioned from an experienced petroleum pipeline consultant, Mr. Andrew Johnston. The consultant's report entitled "Corrib Gas Pipeline Project: Report on Evaluation of Onshore Pipeline Design Code", submitted to my Department in March 2002 concluded as follows: the pipeline design code has been selected in accordance with best public safety considerations and is appropriate for the pipeline operating conditions; the design of the onshore pipeline is generally in accordance with code selection and best national and international industry practice, provided that the actions recommended in section 2.2 are followed; the pipeline is considered to be adequately protected from third party interference by burial to 1.2 metres and provision of marker tape above the pipeline; the pipeline is considered to meet public safety requirements as outlined in the selected design code, provided that the actions recommended in section 2.2 are followed.

The recommendations of section 2.2 have been incorporated in the statutory approvals issued for the Corrib development. The design of the control system ensures that any damage to the umbilical system will result in the gas wells being shut down. I advise the Deputy that all subsea wells are designed in this way.

Electricity Generation.

Jerry Cowley

Question:

156 Dr. Cowley asked the Minister for Communications, Marine and Natural Resources if he will commission an urgent feasibility study into the need to replace the existing peat power station, which is closing down with the loss of more than 200 jobs, with a new peat burning 100 megawatt power station (details supplied). [7271/05]

I do not propose to commission a feasibility study into the need, or otherwise, for any further peat-fired electricity generating plant. The location, construction and operation of electricity generating stations are liberalised activities in an open and competitive market. An authorisation is required to construct a generating station and a licence is required to generate electricity as prescribed by the Electricity Regulation Act 1999. These are issued by the Commission for Energy Regulation, CER. Responsibility for security of supply also rests with the CER. In addition, planning permission is required from the local authority concerned and a grid connection must be secured from ESB national grid. Appropriate licences and authorisations, such as an integrated pollution control licence from the Environmental Protection Agency, are also necessary.

I do not have a function in any of these matters. It is a matter, therefore, for market players to undertake whatever feasibility studies they deem necessary in order to make a commercial decision on whether or not to enter the electricity market. The Deputy will be aware that public service obligation, PSO, arrangements, which were notified to the EU Commission in November 2000, are in place in respect of peat generation for security of supply reasons. These arrangements provide for the use of peat in three generating plants in the Midlands — one independently owned and operating since December 2000, and two owned and operated by the ESB.

The PSO levy, which is charged to all consumers and impacts on the country's energy costs, compensates the ESB for the additional costs incurred in using peat in electricity generation. I am satisfied that the level of peat in the generating fuel mix is sufficient. I do not believe there is an adequate basis for reopening this issue with the EU Commission.

Colombia Three Case.

Enda Kenny

Question:

157 Mr. Kenny asked the Minister for Foreign Affairs if he will make a statement on the position regarding persons (details supplied) and their present location; his views on their serving a sentence; and if he will make a statement on the matter. [7268/05]

The current position is that the three men in question each received sentences and fines as part of the appeal decision made by the Colombian courts on 16 December 2004. I understand that the legal process is not yet exhausted and that a possibility exists for a further appeal by the defence.

My Department will continue to monitor this case. However, I have no knowledge of the present location of the three men.

Foreign Conflicts.

Tony Gregory

Question:

158 Mr. Gregory asked the Minister for Foreign Affairs his views on the ongoing request of the Kosovo action network for the return of approximately 800 bodies of Kosovan Albanians killed by Serbian paramilitaries and related demands; if he will raise this issue at international fora; and if he will make a statement on the matter. [7282/05]

More than five years since the end of the conflict in 1999, the unresolved fate of missing persons is a continuing tragedy for many families in Kosovo. This is, above all, a serious humanitarian issue. It is also an obstacle to the reconciliation between communities which is essential for the creation of a democratic, multi-ethnic society in Kosovo.

The International Committee of the Red Cross and the United Nations interim Administration in Kosovo have determined that over 3,000 people are still unaccounted for since the end of the conflict in Kosovo. The majority of these are from the Kosovo Albanian community but the figure includes several hundred Kosovo Serbs and people from other ethnic minority communities. The Kosovo Action Network has focused in particular on the unacceptable failure of the Serb authorities to release the bodies of some 800 people believed to have been killed in Kosovo, which were exhumed from mass graves in Serbia in 2001.

I agree fully with Mr. Soren Jessen-Petersen, the special representative of the UN Secretary General in Kosovo, that the families of the missing have been suffering for too long. The authorities concerned have a clear responsibility to do everything in their power to resolve this issue without any further delay.

As a result of the efforts of the EU and the UN, in co-operation with the Government of Serbia and the provisional institutions of self-government in Kosovo, progress was made in October 2003 on the opening of a direct dialogue between Belgrade and Pristina on issues of mutual concern. A working group on missing persons was established, but met only once, in March 2004. The direct dialogue was suspended following the outbreak of ethnic violence in Kosovo on 17 March 2004.

The EU and the wider international community have strongly encouraged both sides, and Belgrade in particular, to resume the direct dialogue. I welcome the progress which has been made in recent weeks as a result of meetings between Mr. Soren Jessen Petersen and the authorities in Belgrade. As a result, the direct dialogue on missing persons will resume on 10 March, with a meeting in Belgrade, under the auspices of the special representative of the UN Secretary General and chaired by the International Committee of the Red Cross. It is essential that all parties engage in the dialogue with a determination to achieve early results for the families of all the missing in Kosovo.

This will be a crucial year for Kosovo. During the summer, the UN will preside over a comprehensive review of the implementation of reforms based on European standards. If the review is positive, it will be followed by the opening of a process to agree the constitutional status of Kosovo, which will be facilitated by the international community. The EU will play an important role in this process, in order to ensure that the agreed outcome is fully compatible with the process of European integration. In these circumstances, it is essential that a real dialogue resumes between Belgrade and Pristina and that the Kosovo Serb community now has the confidence to re-engage in the political process as soon as possible, and take its place in the provisional institutions of self government.

The EU has given a clear commitment that the long-term future of the western Balkans region, including Kosovo, rests within the European Union. The meeting of the External Relations Council, which I attended in Brussels on 21 February, confirmed that Kosovo will not return to the situation which existed before 1999, and reaffirmed the commitment to a multi-ethnic and democratic Kosovo which contributes to the stability of the region and which adheres to the values and standards of the EU. I am convinced that an early resolution of the tragic issue of missing persons would not only ease the suffering of families across Kosovo, but make a significant contribution to the work of building a truly multi-ethnic society.

Sports Capital Programme.

Breeda Moynihan-Cronin

Question:

159 Ms B. Moynihan-Cronin asked the Minister for Arts, Sport and Tourism the amount of funding allocated on a county basis for each of the years 2000 to 2005 inclusive under the sports capital programme. [7217/05]

The information requested by the Deputy is contained in the following table:

County

2000

2001

2002

2003

2004

£

£

Carlow

369,494

1,168,159

489,000

440,000

782,000

Cavan

452,027

591,698

691,200

580,000

925,000

Clare

1,170,699

898,975

1,123,000

1,125,000

1,727,000

Cork

3,850,481

4,769,132

7,257,000

5,545,400

6,524,000

Donegal

5,142,439

3,211,168

5,049,000

1,177,500

1,802,000

Dublin

15,579,305

13,908,710

23,075,900

14,605,500

14,041,000

Galway

1,512,258

3,192,122

3,058,000

2,558,000

3,402,000

Kerry

1,258,310

2,119,193

3,335,200

3,748,000

4,476,000

Kildare

2,541,381

3,853,655

4,870,000

3,166,000

3,357,000

Kilkenny

529,481

763,747

1,116,500

942,500

850,000

Laois

437,425

1,197,363

1,189,000

450,000

786,000

Leitrim

666,612

439,964

821,600

454,800

479,000

Limerick

956,113

2,705,812

2,776,000

2,485,500

1,925,000

Longford

751,685

648,836

759,400

576,000

745,000

Louth

559,954

1,339,574

2,545,000

1,342,100

1,644,000

Mayo

982,777

1,625,265

2,284,000

1,574,600

1,594,000

Meath

1,192,284

1,477,975

1,605,000

2,560,000

2,260,000

Monaghan

502,181

615,823

1,233,000

485,000

996,000

Offaly

688,198

618,997

405,000

1,004,000

1,157,000

Roscommon

714,863

1,206,251

1,301,000

777,600

1,027,000

Sligo

591,063

1,250,692

1,527,600

963,000

1,453,000

Tipperary

1,042,455

1,802,393

2,478,000

1,657,000

2,398,000

Waterford

1,010,711

3,133,714

3,253,000

2,210,000

2,080,000

Westmeath

651,376

1,319,258

2,569,000

707,000

1,083,000

Wexford

1,227,837

915,481

2,206,000

1,221,000

1,887,000

Wicklow

1,115,465

1,405,600

1,813,000

1,003,000

1,700,000

Totals

45,496,874

56,179,561

78,830,400

53,358,500

61,100,000

Applications for funding under the 2005 sports capital programme were invited through advertisements in the press on 5 and 6 December 2004. The closing date for receipt of applications was 4 February 2005. All applications, including those from each of the clubs in question, are being evaluated against the programme's assessment criteria, which are outlined in the guidelines, terms and conditions of the programme. I intend to announce the grant allocations for the programme as soon as possible after the assessment process has been completed.

Breeda Moynihan-Cronin

Question:

160 Ms B. Moynihan-Cronin asked the Minister for Arts, Sport and Tourism the number of applications for funding under the sports capital programme; and the number of those which were successful on a county basis for each of the years between 2000 and 2005. [7218/05]

The national lottery-funded sports capital programme, which is administered by my Department, allocates funding to sporting and community organisations at local, regional and national level throughout the country. The programme is advertised on an annual basis.

The following schedule contains the information requested by the Deputy for each year from 2000 to 2004:

County

2004

2003

2002

2001

2000

Apps.

Grants

Apps.

Grants

Apps.

Grants

Apps.

Grants

Apps.

Grants

Carlow

16

12

23

8

18

14

17

12

25

14

Cavan

25

15

30

8

30

14

33

14

44

14

Clare

25

19

42

21

40

27

48

18

48

25

Cork

128

81

157

68

154

100

164

71

204

71

Donegal

62

26

69

24

115

63

95

42

102

38

Dublin

252

141

192

105

202

129

198

99

246

100

Galway

73

39

81

34

79

50

72

38

84

29

Kerry

90

50

86

48

65

48

76

33

73

31

Kildare

44

27

44

24

45

30

58

38

51

29

Kilkenny

25

18

36

21

30

21

23

15

32

16

Laois

25

19

23

18

23

20

44

22

34

18

Leitrim

27

10

25

8

20

17

25

16

29

13

Limerick

45

28

66

29

69

44

55

24

51

22

Longford

29

10

29

7

22

16

29

15

23

15

Louth

37

22

42

23

37

21

44

26

43

19

Mayo

50

23

51

21

60

27

79

17

69

18

Meath

32

18

31

20

27

15

27

16

43

20

Monaghan

26

17

27

9

36

18

45

13

44

17

Offaly

29

17

31

18

13

9

29

18

37

23

Roscommon

35

19

33

11

25

15

36

17

39

19

Sligo

30

13

28

12

30

16

33

13

44

16

Tipperary

54

27

51

24

61

31

61

32

71

24

Waterford

41

29

34

16

30

24

44

19

50

22

Westmeath

30

18

28

13

41

29

42

27

44

19

Wexford

41

27

46

19

53

34

60

27

64

28

Wicklow

33

15

32

10

39

27

30

14

51

19

Totals

1,304

740

1,337

619

1,364

859

1,467

696

1,645

679

Applications for funding under the 2005 programme were invited through advertisements in the press on 5 and 6 December 2004. The closing date for receipt of applications was 4 February 2005. Subject to confirmation, a total of 1,355 applications were received under the programme and the following are the details on a county basis:

County

Applications

Carlow

22

Cavan

20

Clare

33

Cork

151

Donegal

59

Dublin

266

Galway

95

Kerry

81

Kildare

44

Kilkenny

26

Laois

22

Leitrim

23

Limerick

59

Longford

18

Louth

42

Mayo

53

Meath

28

Monaghan

39

Offaly

35

Roscommon

32

Sligo

21

Tipperary

56

Waterford

40

Westmeath

25

Wexford

38

Wicklow

27

Total

1,355

All of these applications are being evaluated against the programme's assessment criteria, which are outlined in the guidelines, terms and conditions of the programme. I intend to announce the grant allocations for the programme as soon as possible after the assessment process has been completed.

Michael Ring

Question:

161 Mr. Ring asked the Minister for Arts, Sport and Tourism the grants which were awarded to County Mayo organisations under the sports capital programme since 2002; the breakdown of each organisation and the amounts paid to same. [7219/05]

The information requested by the Deputy is contained in the following table.

Grantee

2002

2003

2004

Total

Grant

Paid

Grant

Paid

Grant

Paid

Grant

Paid

Aghamore GAA Club

0

0

96,000

96,000

0

0

96,000

96,000

Balla GAA Club

0

0

0

0

90,000

0

90,000

0

Ballina Rugby Football Club

150,000

150,000

0

0

0

0

150,000

150,000

Ballina Tennis Club Ltd

70,000

69,990

0

0

0

0

70,000

69,990

Ballina Town AFC

200,000

79,015

0

0

0

0

200,000

79,015

Ballinrobe Golf Club

40,000

40,000

0

0

0

0

40,000

40,000

Ballinrobe RFC

0

0

60,000

0

45,000

0

105,000

0

Ballinrobe Town Soccer Club

100,000

95,000

0

0

60,000

0

160,000

95,000

Ballintubber GAA Club

50,000

0

0

0

0

0

50,000

0

Ballycroy Field Management Company Ltd

30,000

30,000

0

0

0

0

30,000

30,000

Ballyglass Association Football & Social Club

0

0

0

0

50,000

0

50,000

0

Ballyhaunis RFC

0

0

48,000

0

0

0

48,000

0

Ballyheane Community Sports Club Ltd

100,000

100,000

0

0

0

0

100,000

100,000

Ballyheane Football Club

60,000

60,000

45,000

0

45,000

0

150,000

60,000

Ballyvary-Keelogues Development Company

0

0

0

0

90,000

0

90,000

0

Bangor Hibs FC Ltd

30,000

30,000

0

0

25,000

0

55,000

30,000

Breaffy GAA Club

200,000

190,000

0

0

100,000

0

300,000

190,000

Carracastle Community Council

0

0

0

0

35,000

0

35,000

0

Castlebar Celtic FC

0

0

60,000

0

0

0

60,000

0

Castlebar United FC

0

0

15,000

15,000

0

0

15,000

15,000

Charlestown Bellaghy & Districts Sports Complex

90,000

0

0

0

0

0

90,000

0

Charlestown Sarsfields GAA Club

96,000

75,200

0

0

0

0

96,000

75,200

Claremorris AFC

50,000

50,000

40,000

40,000

55,000

0

145,000

90,000

Claremorris Golf Club

72,000

72,000

0

0

0

0

72,000

72,000

Cloonfad United FC

120,000

39,320

0

0

120,000

39,320

Conn Rangers AFC Ltd

60,000

60,000

60,000

0

0

0

120,000

60,000

Connaught Amateur Boxing Provincial Council

5,000

5,000

0

0

0

0

5,000

5,000

Crossmolina AFC

0

0

35,000

8,740

0

0

35,000

8,740

Eastern Gaels GAA Club

0

0

0

0

45,000

0

45,000

0

Foxford Sport and Leisure

0

0

0

0

200,000

0

200,000

0

Glenans Irish Sailing Club

40,000

40,000

0

0

0

0

40,000

40,000

Grainne Uaile Sub-Aqua Club

15,000

15,000

0

0

0

0

15,000

15,000

Greenhills Community Development Ltd.

50,000

0

0

0

0

0

50,000

0

Kilfian GAA Club

0

0

60,000

58,613

0

0

60,000

58,613

Killala Community Council

0

0

18,000

18,000

0

0

18,000

18,000

Kilmaine Boxing Club

0

0

0

0

4,000

0

4,000

0

Kilmaine Community Centre & Grounds

80,000

80,000

0

0

0

0

80,000

80,000

Kilmeena GAA Club

25,000

0

0

0

0

0

25,000

0

Kiltane GAA Community Complex

120,000

120,000

0

0

0

0

120,000

120,000

Kiltimagh/Knock United FC

0

0

120,000

114,000

0

0

120,000

114,000

Knockmore GAA Club

0

0

0

0

170,000

0

170,000

0

Lacken Sports and Recreation Association

0

0

0

0

30,000

0

30,000

0

Lacken United Football Club

48,000

0

0

0

0

48,000

0

Lahardane McHales GAA Club

0

0

0

0

80,000

0

80,000

0

Mayo Association Football League

300,000

300,000

300,000

300,000

0

0

600,000

600,000

Mayo County Council — Knockaphunta, Castlebar

200,000

0

0

0

0

0

200,000

0

Mayo Gaels GAA Club

0

0

0

0

25,000

25,000

25,000

25,000

Mayo Sailing Club/Mayo Yacht Club

0

0

150,000

0

0

0

150,000

0

Mayo Wheelers Cycling Club

3,000

3,000

0

0

0

0

3,000

3,000

Neale GAA Club

0

0

40,000

0

0

0

40,000

0

Shrule Community Sportsfield

0

0

30,000

30,000

0

0

30,000

30,000

Snugboro United FC

0

0

100,000

100,000

0

0

100,000

100,000

Straide and Foxford United

0

0

0

0

100,000

0

100,000

0

St. Patrick’s GAA Club, Westport

0

0

0

0

90,000

0

90,000

0

Swinford Amenities Development

0

0

0

0

200,000

200,000

0

Swinford Handball Club

0

0

0

0

10,000

0

10,000

0

Swinford Soccer Club

0

0

72,000

0

40,000

0

112,000

0

Tooreen Hurling Club

0

0

96,000

90,623

0

0

96,000

90,623

Urlaur Sports Centre

0

0

9,600

9,600

0

0

9,600

9,600

Western Lakes Cycling Club

0

0

0

0

5,000

0

5,000

0

Total

2,284,000

1,664,205

1,574,600

919,896

1,594,000

25,000

5,452,600

2,609,101

Denis Naughten

Question:

162 Mr. Naughten asked the Minister for Arts, Sport and Tourism if he will approve an application by a company (details supplied) in County Roscommon under the sports capital programme; and if he will make a statement on the matter. [7277/05]

The national lottery-funded sports capital programme, which is administered by my Department, allocates funding to sporting and community organisations at local, regional and national level throughout the country. The programme is advertised on an annual basis.

Applications for funding under the 2005 programme were invited through advertisements in the press on 5 and 6 December last. The closing date for receipt of applications was 4 February 2005. All applications, including one from the club in question, are currently being evaluated against the programme's assessment criteria, which are outlined in the guidelines, terms and conditions of the programme. I intend to announce the grant allocations for the programme as soon as possible after the assessment process has been completed.

Non-Resident Companies.

Billy Timmins

Question:

163 Mr. Timmins asked the Minister for Enterprise, Trade and Employment if any worker in the construction industry is being paid by means of off-shore companies; and if he will make a statement on the matter. [7291/05]

The labour inspectorate of my Department is involved in a number of inspections relating to employment in the construction industry. Until these inquiries are completed, I am not in a position to say that any worker in the industry is being paid by means of off-shore companies.

Work Permits.

Fergus O'Dowd

Question:

164 Mr. O’Dowd asked the Minister for Enterprise, Trade and Employment if a work permit will be issued to a person (details supplied); and if he will make a statement on the matter. [7250/05]

I am informed that there is no record of a valid work permit application in this case. Applications which are incomplete or incorrect are returned to the employer for completion.

In the aftermath of EU enlargement, it is the Government's policy that employers should be able to source nearly all of their workforce needs from within the EU. Accordingly, only in cases where exceptional levels of skill and qualifications are needed for the job, and the employer has made meaningful attempts to find EEA nationals first, will my Department now consider work permit applications.

Grocery Industry.

Denis Naughten

Question:

165 Mr. Naughten asked the Minister for Enterprise, Trade and Employment his position on reviewing the Groceries Order; when he intends the consumer strategy group to report; and if he will make a statement on the matter. [7278/05]

I have received a copy of the report of the consumer strategy group within the past 24 hours. I have not yet had an opportunity to read the report or to consider its findings in detail. Neither do I propose to comment on the content of the report until such time as I have had an opportunity to discuss the matter with my colleagues in Government. I expect to publish the report in the coming weeks.

In so far as the group's recommendations on the Groceries Order are concerned, it would be my intention, once the report has been published, to consult with all interested parties before making any decision as to how to proceed in the matter.

Industrial Development.

Enda Kenny

Question:

166 Mr. Kenny asked the Minister for Enterprise, Trade and Employment if the IDA reached its target of locating 50% of all new greenfield sites in the BMW region in 2004, in view of the fact that it failed to reach its target of locating 50% of all new greenfield sites in the BMW region in 2003; if not, the measures the IDA intends to take to remedy this situation; and if he will make a statement on the matter. [7280/05]

IDA Ireland is the agency with statutory responsibility for the attraction of foreign direct investment to Ireland, including its regions and areas. IDA Ireland is committed to regional development as a core part of its strategy and has set itself a high level performance target for the Objective One, Border-Midlands and West, BMW, area. This commits IDA Ireland to try to achieve a target of 50% of all new greenfield jobs to be located in the Objective One area in the period 2000-06.

The underlying process of creating new greenfield jobs in the Objective One area is initiated with first time site visits by overseas investors to the Objective One area. Commencing in 2000, it has been IDA Ireland's objective to direct 50% of all first-time site visits to the Objective One area. Following on from this, the expectation is that 50% of all new greenfield jobs created will be achieved in the Objective One area. Typically, new jobs on the ground come on stream within three to five years of approval.

In this regard, substantial progress has been achieved to date. In 1999, prior to the start of the current NDP, about 25% of all new greenfield jobs were locating in the Objective One area, whereas in 2004 some 41% of all new greenfield jobs were located in the BMW region.

Despite difficult conditions on the global economic front in recent years and relatively slow progress with the roll-out of infrastructure in the Objective One, BMW area, strong progress towards the 50% target is being made and, as the above figures show, the share of new greenfield projects going to the Objective One area is substantially higher than was the case prior to the current NDP.

While IDA Ireland continues to make every effort to maximise the proportion of new greenfield investment locating in the Objective One, BMW area through, inter alia, offering higher grant assistance it must be remembered that, in the final analysis, it is the investor who decides where to locate.

Pension Provisions.

Trevor Sargent

Question:

167 Mr. Sargent asked the Minister for Social and Family Affairs his views on whether Irish citizens without individual means, property or pension but who are now elderly having been home-makers in the 1950s and not in a position to accumulate stamps should be entitled to a State pension in accordance with the unequivocal intent of Article 42.2.1 of the Constitution; the plans he has to ensure that the hundreds of elderly Irish mothers who now find themselves without pension or individual means or property are to be given a fair pension. [7143/05]

Existing provision for pensions include pensions under the social insurance system which require a certain level of social insurance contributions and pensions under social assistance which depend on satisfying a means test.

A number of measures have been introduced in recent years which make it easier for people to qualify for pensions. These include extended social insurance coverage and an easing of the qualifying conditions for old age contributory and retirement pensions. The latter measures are of particular benefit to women who may have less than complete social insurance records due to working in the home.

In 1997 the yearly average number of contributions required for pension purposes was reduced from 20 to ten and in 2000, a special half rate pension was introduced based on pre-1953 insurance contributions. Pro-rata pensions are also available to allow people with mixed rate insurance records to receive a payment.

The Government is also committed to increasing the payment for qualified adults, aged 66 or over, to the same level as the personal rate of the old age non-contributory pension and a number of special increases have been given over several budgets in pursuit of this target. In addition, since October 2002, new pension claimants can opt to have the part of the payment in respect of their spouse or partner paid direct to that person.

The homemaker's scheme was introduced in 1994 to protect the pension entitlements of those who take time out of the paid workforce for caring duties. The scheme allows up to 20 years to be disregarded when a person's insurance record is being averaged to assess entitlement for contributory pension purposes. The scheme will not of itself qualify a person for a pension as the standard qualifying conditions relating to the type and number of contributions paid or credited must also be satisfied.

The scheme is being reviewed as part of the second phase review of the qualifying conditions for the old age contributory and retirement pensions. The review is due for completion in the next few months and developments in regard to the homemaker's scheme will be considered in the light of the conclusions of the review.

The old age non-contributory pension is a social assistance scheme designed to provide financial support for all older people, whatever their circumstances, who do not qualify for one of the contributory pension schemes. In common with other social assistance schemes, it features a means test which is intended to ensure that available resources are targeted at those who are most in need. In this regard, budget 2005 provides for the disregard of the first €20,000 of savings or other assessable assets such as shares or bonds when means are being assessed. The operation of the means test is kept under review and changes are made as required.

Anti-Poverty Strategy.

Finian McGrath

Question:

168 Mr. F. McGrath asked the Minister for Social and Family Affairs the position on methods to deal with child poverty in our society. [7230/05]

Tackling child poverty continues to be one of the key priorities of this Government. It is also one of the special initiatives under the partnership agreement, Sustaining Progress. The Government recognises the importance of supporting and protecting families and children and is fully committed to achieving the NAPS target of eliminating consistent poverty amongst children.

The most significant measure to tackle child poverty by my Department has been the substantial increases in child benefit payments. Between 1997 and April 2005, when the budget increases will take effect, the rate of child benefit will have risen from €38.09 per month for the first two children and €49.52 for each child thereafter to €141.60 per month for each of the first two children and to €177.30 per month for the third and each subsequent child.

The family income supplement provides cash support by way of weekly payments to families, including lone parent families, at work on low pay. Improvements to the scheme, including the assessment of entitlements on the basis of net rather than gross income and the progressive increases in the income limits, have made it easier for lower income households to qualify under the scheme.

In order to address the situation of those children most at risk of poverty, I am giving serious consideration to the introduction of a second tier of supports, in addition to the child benefit and other support entitlements, aimed specifically at families in greatest need. Linked to this particularly are the vulnerable circumstances of many lone parents, who are mostly women. The existing support systems will be scrutinised over the coming months and changes considered to better reflect the needs of this group. My Department is participating in an interdepartmental working group on early child care and education, chaired by the National Children's Office. The work of this committee is at an advanced stage and the outcome will make an important contribution to finding the right mix of services and income support to facilitate employment take up and care for children. My Department is also involved in efforts to develop a strategy to eliminate obstacles to employment for lone parents.

The causes of poverty among children and its effects are multi-faceted requiring a multi-policy response. The national action plan to combat poverty and social exclusion details these policies across a number of Government Departments. A wide range of data is required in effectively monitoring, evaluating and further developing such policies. It is for that reason that my Department and the Department of Health and Children, through the National Children's Office, are jointly funding a national longitudinal study on children. The study will be the most significant of its kind to be undertaken here, particularly in terms of the cost, scope and length of study period. It is anticipated that 10,000 children from birth and 8,000 children aged nine will be recruited to participate in the study.

The aim of the study is to examine the factors which contribute to, or undermine, the well-being of children in contemporary Irish families. The findings will make a major contribution to the setting of effective and responsive policies relating to children and to the design of services for children and their families. I expect that, following the completion of the tendering process, this study will commence in mid 2005.

Social Welfare Appeals.

Michael Ring

Question:

169 Mr. Ring asked the Minister for Social and Family Affairs the result of an appeal on unemployment benefit for a person (details supplied) in County Mayo. [7231/05]

The person concerned applied for unemployment benefit on 6 October 2004. Her claim was disallowed by the deciding officer on the grounds that she was not genuinely seeking employment. The person appealed against this decision to the social welfare appeals office, which was received on 29 November 2004, and an appeals officer is of the opinion that an oral hearing is required. She will be advised of the date and venue for the hearing when the necessary arrangements have been made.

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

Social Welfare Benefits.

Michael Ring

Question:

170 Mr. Ring asked the Minister for Social and Family Affairs the date a person (details supplied) in County Mayo terminated employment; and the date this person applied for unemployment assistance. [7232/05]

The person concerned ceased employment on Saturday 22 January 2005 and applied for unemployment assistance on Monday 24 January 2005.

Aircraft Safety.

Róisín Shortall

Question:

171 Ms Shortall asked the Minister for Transport the regulations and standards which apply to aircraft cabin air quality in respect of the prevention of communicable diseases; the way in which such standards are monitored and enforced; and if he will make a statement on the matter. [7207/05]

Róisín Shortall

Question:

173 Ms Shortall asked the Minister for Transport the regulations and standards which apply to aircraft air quality; the way in which such standards are monitored and enforced; and if he will make a statement on the matter. [7206/05]

I propose to take Questions Nos. 171 and 173 together.

Air quality standards on board aircraft are part of the design specifications set by the European Aviation Safety Agency, EASA. Aircraft maintenance is regulated in Ireland by the Irish Aviation Authority, IAA.

Air Services.

Olivia Mitchell

Question:

172 Ms O. Mitchell asked the Minister for Transport if his attention has been drawn to the fact that in reaching a decision in the funding requirements of Aer Lingus there are interests other than those of ICTU to consider; when he expects the process of consultation with them to be completed in order that a decisions in the interests of all taxpayers can be made. [7179/05]

I am well aware that any decisions on the future of Aer Lingus must take account of the impact of that decision not only on the company and its employees but also on the overall Irish economy, air travel customers, the airline trade and Irish tourism. Key strategic concerns were covered in the recent Goldman Sachs Report.

The consultations with ICTU are progressing and will conclude in the near future. I will then make a submission to Government which will take account of all the key issues.

My engagement with the unions as a key stakeholder is central to the process. It is a critical component of partnership, which in my view has been a major contributor to the success of the economy. Moreover, I have found my engagement with ICTU to be very valuable and it will help the Government in its efforts to position our national airline for growth in the years ahead.

Question No. 173 answered with QuestionNo. 171.

Waste Management.

Ciarán Cuffe

Question:

174 Mr. Cuffe asked the Minister for Community, Rural and Gaeltacht Affairs the total weight of waste that his Department produced within its offices in the past year for which figures are available; the breakdown of the weight produced from paper, glass, aluminium and steel cans, textiles, plastics, organic waste, electrical and electronic equipment, batteries, hazardous waste and mixed waste; the percentage of weight in each category which is recycled; and if he will report on any contract that his Department has for the disposal, reduction or re-use of waste. [7225/05]

I am informed that the total weight of waste, for which figures are available, that my Department produced in the past year was 42,737 kilograms.

The breakdown is as follows: toner cartridge — 18 kgs; recycled cardboard — 2088 kgs; metallic packing — 5 kgs; cables — 10 kgs; electrical scrap — 86 kgs; PC base unit — 343 kgs; PC keyboard and mouse — 23 kgs; PC monitor — 530 kgs; photocopier, small — 80 kgs; printer — 290 kgs; projector — 73 kgs; recycled paper — 39,018 kgs; wood — 29 kgs; metal chair — 50 kgs and general waste — 94 kgs. My Department has a waste recycling and destruction contract with Fingal Recycling. According to this company, all the above material has been recycled apart from the general waste at 94 kgs.

Social Welfare Benefits.

Michael Ring

Question:

175 Mr. Ring asked the Minister for Community, Rural and Gaeltacht Affairs the reason a person (details supplied) in County Mayo is not in receipt of fuel allowance. [7229/05]

Prior to the commencement of all participants on the rural social scheme details of a person's social welfare entitlement, including possible entitlement to the fuel allowance, are sought from the Department of Social and Family Affairs by the relevant implementing body. In this case, Meitheal Forbartha na Gaeltachta Teoranta, Achill, County Mayo, sought the details of the person concerned from the Department of Social and Family Affairs. The documentation completed by the Department of Social and Family Affairs, which has responsibility for the fuel allowance scheme, does not indicate that the person concerned is entitled to payment of the fuel allowance.

Voluntary Activity.

Brian O'Shea

Question:

176 Mr. O’Shea asked the Minister for Community, Rural and Gaeltacht Affairs the funding he proposes to make available urgently to Volunteering Ireland (details supplied); and if he will make a statement on the matter. [7288/05]

Funding of €106,139 under the White Paper on supporting voluntary activity was provided to Volunteering Ireland in 2004 and the operating grant for 2005 will be increased by5%, giving a total of €111,446. Volunteering Ireland will also receive funding under the White Paper training and supports scheme in 2005, totalling €35,000.

Later today, I hope to announce a number of measures designed, inter alia, to deepen and strengthen our volunteering infrastructure. An element of these measures will be the provision of funding to a number of other volunteer bureaux in addition to the continuation of the existing level of funding to Volunteering Ireland.

Community Development.

Billy Timmins

Question:

177 Mr. Timmins asked the Minister for Community, Rural and Gaeltacht Affairs the areas which are in the CLÁR programme; the criteria used to define an area; and if he will make a statement on the matter. [7290/05]

The areas included in the CLÁR programme are parts of counties Cavan, Clare, Cork, Donegal, Galway, Kerry, Limerick, Longford, Louth, Mayo, Meath, Monaghan, Roscommon, Sligo, Tipperary, Waterford, Westmeath and all of County Leitrim. The 16 areas originally selected for inclusion in the CLÁR programme were those which suffered the greatest population decline from 1926 to 1996, with the exception of the Cooley Peninsula which was included based on the serious difficulties caused there by foot and mouth disease. The population loss in the areas ranged from 42% to 60% with an average population loss in the 16 areas of 50%. The aggregate population in each area was over 4,000.

The methodology used in deciding the areas to be included was identification of the district electoral divisions, DEDs, which lost the most population in that period. However, so that the areas had some meaningful correlation with identifiable communities, the natural geographic features such as major lakes or the sea and other boundaries as well as DED boundaries were used. Given the nature of the exercise, in some cases the selected areas straddled two or more counties.

Arising from the commitment in An Agreed Programme for Government, following an analysis of the 2002 population census data, the CLÁR areas were reviewed and extended. The exercise involved identifying and including any DEDs with a more than 50% population decline contiguous to existing CLÁR areas. In the case of Donegal, contiguity was taken to include contiguity across narrow inlets due to the extreme remoteness of the area and the unusual geography.

In addition, the data were examined to establish if there were any other areas of the country where the appropriate population decline had occurred and matched the criterion of an aggregate population of over 4,000. The only county or part of a county non-contiguous to existing CLÁR areas that had significant pockets of population decline was Waterford. A decision was taken to include three pockets in Waterford with a total population of 5,100 and an average population decline of 47%. As a result, the programme now operates in areas in the 18 counties indicated at the outset.

I am sending the Deputy maps of the CLÁR areas with lists of the DEDs included.

Question No. 178 answered with QuestionNo. 137.

Modulated Funds.

Denis Naughten

Question:

179 Mr. Naughten asked the Minister for Agriculture and Food her plans for the modulation fund; and if she will make a statement on the matter. [7057/05]

The modulated funds become available for use in 2006. I will decide on their use and seek the necessary EU approval in the coming months. Currently, my Department is finalising its examination of the relevant options. As part of that examination, there has been a widespread public consultation and discussions with stakeholders.

The use of modulated funds in 2006 is limited to certain measures. The eligible measures are those in the Common Agricultural Policy, CAP, rural development plan — agri-environment, early retirement, compensatory allowances and forestry — and the new initiatives introduced as part of the CAP mid-term review — food quality, animal welfare, farm advisory services and meeting standards. My decision on the use of the funds will, of course, have to be informed by the terms and conditions of those measures.

Departmental Agencies.

Denis Naughten

Question:

180 Mr. Naughten asked the Minister for Agriculture and Food her plans to develop the Teagasc service provided to farmers. [7058/05]

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

Teagasc has 1,360 permanent staff, comprising advisers, teachers and research scientists with appropriate supporting services. These are complemented by some 250 contract staff, as well as teaching staff in the private agricultural and horticultural colleges. Teagasc staff carry out their functions from more than 90 locations.

Teagasc's operating budget for 2005 amounts to over €155 million. Advisory services make up the biggest budget item, 35% of expenditure, followed by production research, 32%, training programmes, 19%, and food research, 13%. My Department's provision to Teagasc for capital and non-capital purposes in 2005 amounts to €123 million. The amount for non-capital purposes is €118.5 million and for capital development purposes the allocation is €4.5 million. By any standards these are substantial resources and are a clear indication of the Government's continuing commitment to supporting Teagasc activities.

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

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

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

Grant Payments.

Paul Kehoe

Question:

181 Mr. Kehoe asked the Minister for Agriculture and Food the reason a person (details supplied) in County Wexford was refused payment for special beef premium even though appropriate evidence was available; and if she will make a statement on the matter. [7103/05]

The person named submitted two applications under the 2004 EU special beef premium scheme, one dated 8 March 2004, in respect of 16 animals and one dated 6 December 2004, in respect of ten animals. Following computer validation it was found that ten of the 16 animals applied for on 8 March 2004 were not recorded on the CMMS database as being in the herd of the person named on the date of application. By letter dated 24 September 2004 the person named was advised that as the ten animals in question were non-CMMS compliant on the date of application for premium, no payment would be made on those animals and a penalty would be applied, in accordance with the terms and conditions.

The person named subsequently appealed this decision and, by letter dated 7 February, following consideration of the appeal, the person named was informed that, while the ten animals would not be paid premium, no further penalty would apply. They must, however, be counted for stocking density purposes. The person has been advised of the right of appeal to the agricultural appeals office; to date, no such appeal has been lodged with that office.

Farm Retirement Scheme.

Bernard J. Durkan

Question:

182 Mr. Durkan asked the Minister for Agriculture and Food the number of applications for farm retirement pensions currently on hand; the number approved or rejected in the past 12 months; and if she will make a statement on the matter. [7236/05]

A total of 2,597 applications have been received under the current early retirement scheme since its introduction in November 2000. Of these, 105 are currently being processed. In the 12-month period from 1 March 2004 to 28 February 2005, a total of 213 applications were approved and nine rejected.

Pet Food Imports.

Bernard J. Durkan

Question:

183 Mr. Durkan asked the Minister for Agriculture and Food the volume of pet foods now imported into the country; if she has satisfied herself that European traceability and husbandry requirements have been applied in all cases; and if she will make a statement on the matter. [7237/05]

Under Community rules the importation of animal products which have already been incorporated within pet foods and which are destined for meat eating animals is provided for subject to certain conditions. Data supplied by the Central Statistics Office indicate that the total quantity of pet food imported into this country during 2003 was 42,753 tonnes and for 2004 a total of 31,120 tonnes has been imported for the period up to October.

Importers of pet foods are required to register with my Department and give at least 24 hours notice of intention to import. Pet food originating from an EU source must come from an approved establishment and be accompanied to its destination with a commercial document or a health certificate signed by an official veterinarian of the competent authority of the member state of origin. In the case of importation from third countries it can only be imported under licence. In such cases, it must originate in a country approved by the EU for trade in such products, have been produced in an approved establishment and be accompanied by a health certificate in accordance the provisions of Community legislation.

World Trade Negotiations.

Bernard J. Durkan

Question:

184 Mr. Durkan asked the Minister for Agriculture and Food the progress and impact on the agri-sector of the WTO; and if she will make a statement on the matter. [7238/05]

Significant progress was made towards a new WTO trade round with the framework agreement which was concluded in Geneva in August 2004. The main elements of the framework agreement can be summarised as follows: domestic support — a substantial reduction in the levels of trade-distorting domestic support, a ceiling on each WTO member's expenditure on direct payments to farmers under production-limiting programmes — blue box — and a review of payments or subsidies which have no or minimal trade-distorting effect — green box; market access — a substantial improvement in market access for all products through tariff reductions; higher tariffs will be subject to higher cuts, and WTO members may self-select a number of sensitive products for special treatment but all products will be subject to substantial improvements in market access through a combination of tariff cuts and tariff quota commitments; export subsidies — the phasing out in annual instalments by an end date to be agreed of all forms of export subsidies, including export refunds, export credits, with limited exceptions, the trade-distorting practices of state trading enterprises and food aid not in conformity with disciplines to be introduced; special and differential treatment or more favourable terms and conditions for developing countries will be an integral part of all elements of the new round.

The framework agreement protects the benefits to the Irish agri-food sector of the recent reforms of the Common Agricultural Policy and represents a satisfactory outcome for Ireland. The full details of the implementation of the framework agreement are the subject of on-going negotiations in Geneva, leading to a WTO ministerial conference in Hong Kong in December 2005.

Animal Feedstuffs.

Bernard J. Durkan

Question:

185 Mr. Durkan asked the Minister for Agriculture and Food if she is satisfied that use of bonemeal in animal feeds has ended completely; and if she will make a statement on the matter. [7239/05]

As the Deputy will recall, January 2001 saw the introduction by the EU of a total ban on the use of certain processed animal proteins, which includes mammalian meat and bonemeal, in the diets of farmed animals because of it being a probable cause of BSE. Ireland, in implementing this total ban and in recognition of the importance of the export trade, increased its level of sampling for processed animal proteins from 810 samples in 2000 to almost 3,500 in 2003 with that level maintained for 2004. This includes the sampling of all imported bulk consignments of feed materials, along with extensive sampling of compound feedstuffs and on farm sampling. Because of the importance attached to BSE, Ireland carries out significantly more testing and analysis of animal feed for the presence of processed animal proteins than the minimum indicated by the EU in their annual co-ordinated control programme.

While I cannot guarantee that traces of bone will not be detected in animal feed in the future, I am satisfied that, first, the controls operated by my Department are adequate to ensure that any contamination is detected at the earliest possible stage in the feed chain and, second, the feed industry and the farming community take every possible precaution to ensure that mammalian meat and bone meal does not enter the feed chain. This diligence is evidenced by the fact that of the 7,000 or so samples of feed material analysed by my Department over the last two years, mammalian bone fragments have been detected in only four consignments.

Purchase for Destruction Scheme.

Bernard J. Durkan

Question:

186 Mr. Durkan asked the Minister for Agriculture and Food the number of cows and dry stock at present; the extent to which these numbers were affected by the beef destruct scheme; and if she will make a statement on the matter. [7240/05]

The information requested by the Deputy is set out in tabular form below. The purchase for destruction scheme, PFD, ran from January to June 2001 and removed 278,000 animals of which 87,217 or 31% were cows. The PFD was followed closely by the special purchase scheme, SPS, which ran from June 2001 to March 2002. A total of 215,650 cows were slaughtered in Ireland under the SPS, representing 92% of the animals removed under this scheme.

Year

National Cattle Herd

Cow Herd

Dry Stock National Herd

PFD Scheme Cows slaughtered

SPS Scheme Cows slaughtered

Cows slaughtered Annually

2001

6.408 m

2.308 m

4.10 m

87,217

195,650

366,000

2002

6.332 m

2.279 m

4.05 m

20,000

322,000

2003

6.223 m

2.279 m

3.94 m

335,000

The number of cows slaughtered during the years of operation of these two schemes is in line with the overall level of cow slaughterings for previous and subsequent years, demonstrating that there has been no adverse effect on the composition of the national herd.

Beef Industry.

Bernard J. Durkan

Question:

187 Mr. Durkan asked the Minister for Agriculture and Food if Irish beef producers and processors can compete to supply all of the major chain-stores; and if she will make a statement on the matter. [7241/05]

Last year Ireland produced 560,000 tonnes of beef, the highest level of output since 2001. Some 88% or 493,000 tonnes was exported and the balance was consumed on the domestic market. The UK is the main export market for Irish beef and absorbed 264,000 tonnes in 2004. An additional 174,000 tonnes was exported to continental EU markets. The EU now comprises 90% of our total exports compared with 49% in 2000.

In recent years, the focus of the Irish beef industry has been to broaden and expand its market reach at EU retail level, shifting its orientation away from international commodity markets and into the higher priced internal EU marketplace. Effective promotion and marketing of beef by Bord Bia and the industry has ensured a presence for top quality Irish beef in all the key European markets. This includes supply arrangements with multiples and the main retailers in the UK, France, Italy, Spain and the Netherlands.

The overall approach in the marketing of Irish beef is to continually build on its reputation as a high quality and safety assured product based on a natural, extensive and well controlled cattle production sector at farm level. A strong interest in Irish beef has been generated by building it's reputation through the media, by chef's endorsements and the creation of demand from premium chefs and restaurants in each of these markets. The main goal of our marketing strategy is to increase retail market penetration and to invest in growing Irish beef awareness. This is being achieved by building relationships with key customers, product promotions and image building of the brand.

Sheepmeat Sector.

Bernard J. Durkan

Question:

188 Mr. Durkan asked the Minister for Agriculture and Food if Irish lamb producers and processors can compete to supply all of the major chain-stores; and if she will make a statement on the matter. [7242/05]

Some 72,000 tonnes of sheepmeat was produced in Ireland last year, of which 51,500 tonnes was exported and the remainder consumed on the domestic market. Ireland has an export surplus of sheepmeat which is sold primarily to France and the UK where it competes with high quality third country imports. These are highly sophisticated and discerning markets, and Irish lamb has commanded resilient market penetration and maintained a consistent supply pattern. I am satisfied that the efforts of the industry together with the promotional work of An Bord Bia to consolidate and expand market share will ensure the continued presence of Irish lamb in these important markets.

Pigmeat Sector.

Bernard J. Durkan

Question:

189 Mr. Durkan asked the Minister for Agriculture and Food if Irish bacon producers and processors can compete to supply all of the major chain-stores; and if she will make a statement on the matter. [7243/05]

Last year, some 204,000 tonnes of pigmeat was produced in Ireland. Over 40% of this was consumed on the domestic market and sold primarily through the multiple retailers. Some 114,000 tonnes of pigmeat was exported in 2004 and over half serviced the UK market where a substantial proportion was sold through the multiple retailers.

Irish pigmeat commercial sales are competitive both at home and on the export market in branded product and in the own-brand segment. In the branded segment these attract a valuable premium at the retail stage and help secure the presence of Irish product in major retail outlets. The own-brand segment of the market is more competitive but nonetheless Irish pigmeat is performing satisfactorily in that market also.

Food Industry.

Bernard J. Durkan

Question:

190 Mr. Durkan asked the Minister for Agriculture and Food if she is satisfied that Irish food producers are allowed compete for contracts supplying all the major chain-stores; and if she will make a statement on the matter. [7244/05]

The route to the food market for the Irish food industry is determined by its ability to compete in the marketplace and respond to consumer demand for quality, taste, nutrition and increasingly speciality products. Investment in marketing and market intelligence is crucial to success and on the supply side, world-class management and skills at production, processing and distribution stages is essential. While retailer concentration and central distribution are challenging for suppliers, globalisation of retailing has provided market-entry opportunities in the enlarged EU for Irish companies in a range of products including meat, dairy and beverage sectors. As regards being allowed to compete for contracts supplying the major chain stores, the Competition Authority has statutory responsibility in relation to any possible lack of access or unequal opportunity on the domestic market.

My strategy and that of the State agencies is to underpin the ongoing success of the food sector by facilitating the industry to maintain competitiveness and capacity to meet the demands of the market in terms of quality, convenience, price and product specification. The national development plan contains an indicative public funding allocation of €358 million for the food industry by a series of measures covering capital investment, research, technology and innovation, marketing and promotion and human resources and some €187 million has already been awarded under the various measures. Innovation and new product development are essential if food companies are to maintain competitiveness and market share and the national development plan funding in place is geared to assist the industry to produce what the consumer and the marketplace demands.

Poultry Industry.

Bernard J. Durkan

Question:

191 Mr. Durkan asked the Minister for Agriculture and Food if adequate traceability checks are applied in relation to poultry imports with particular reference to the need for health protection; and if she will make a statement on the matter. [7245/05]

Under harmonised EU legislation, a series of health and safety requirements are applied in the member states to ensure that animal products are produced to standards that guarantee the safety of food and the protection of human and animal health. Poultrymeat imported from third countries must meet standards at least equivalent to those required for production in the EU. It must come from countries that have been approved for export to the EU and which have veterinary controls equivalent to those applicable in the EU, particularly in terms of legislation, hygiene conditions, animal health status, veterinary medicines controls, residues programmes, zoonoses controls and other food law.

The meat must be sourced from establishments that have standards equivalent to the requirements for EU export establishments and that have effective control systems and are supervised by the competent authorities. Meat imported from other EU countries is produced to the same standards as in Ireland and in accordance with veterinary legislation designed to ensure its safety.

A health certificate conforming to the models set down in EU legislation must accompany poultrymeat being imported from third countries. All consignments must first be landed at an approved border inspection post and undergo documentary, identity and physical checks. Once it has been established that the meat has met all the required conditions it is released for free circulation within the Community. Imports failing to comply with these veterinary control checks may be detained for further examination. If non-compliance is established, they are returned to the exporting country or destroyed.

Safeguard measures to ensure the protection of human and animal health in the EU are introduced by the Commission as circumstances require. In this regard there are currently EU and national measures in place banning the importation of all live birds and fresh poultry meat from south east Asia because of the avian influenza situation in that region.

My Department last year introduced legislation requiring country of origin labelling of poultrymeat imported from non-EU countries. The name of the country of origin must appear on packaging or, in the case of poultrymeat displayed loose, on a nearby notice. In addition, details of the grade-class of the poultry, price per kg, whether fresh or frozen and the registered number of the slaughterhouse or cutting plant where the product was last handled must also be provided.

Consumers should be given maximum information on the origin of the food they are purchasing. I have this week along with other member states urged the Commission to examine EU labelling provisions to facilitate this, and in doing so, indicated the particular need for attention to be paid to the origin of poultry imports into the EU.

Departmental Staff.

Michael Lowry

Question:

192 Mr. Lowry asked the Minister for Agriculture and Food her plans to recruit agricultural liaison officers; if resources have been made available for same; the proposed cost; when these positions will be advertised; the role expected of these persons; and if she will make a statement on the matter. [7249/05]

The implementation of the nitrates directive is a matter in the first instance for the Minister for the Environment, Heritage and Local Government, who will give effect to the national action programme under the directive by way of regulations. The provisions of the nitrates directive are among the statutory management requirements to be respected by farmers under the single payment scheme. My Department will inspect farmers for compliance as part of its controls under the single payment scheme. I have no plans to appoint additional staff in this area. I would point to the advisory work of Teagasc as being relevant in this context.

Milk Quota.

Paul McGrath

Question:

193 Mr. P. McGrath asked the Minister for Agriculture and Food if she will review the file of a person (details supplied); and if she will review the resultant penalties imposed. [7272/05]

Allocations of milk quota from the national reserve are granted on the basis of recommendations from the milk quota appeals tribunal. The tribunal is a body established to consider and advise on applications for additional quota from individual producers who have suffered severe hardship in the context of the milk quota system. The tribunal also considers applications from producers whose herds have been restricted by animal disease, TB or brucellosis, during the quota year.

The person named submitted an application on the grounds of animal disease in the 2003-04 year. The tribunal examined his application last March and recommended a temporary allocation of additional quota for the 2003-04 quota year. The allocations made are intended to mitigate to the greatest degree possible the impact of the levy where a producer is over quota due to restrictions imposed on selling surplus stock. However, it is not always possible to eliminate entirely a restricted supplier's levy liability and in this regard the tribunal must take account of a producer's supply pattern prior to the imposition of the restriction.

It is not possible at this stage to reduce the super levy bill for any producer for the 2003-04 milk quota year. However, if the person's herd was restricted in the current quota year he was entitled to apply again under the 2004-05 animal disease scheme. My Department has not received an application in the current year and accordingly the named person should make an application immediately to the tribunal if his herd has been restricted this quota year and he considers he will exceed his quota for the year.

Land Commission.

Denis Naughten

Question:

194 Mr. Naughten asked the Minister for Agriculture and Food the local trusts established by the Land Commission, on a county basis; the size of holdings involved; and if she will make a statement on the matter. [7273/05]

The number of trusts set up by the former Land Commission-Congested Districts Board and currently recorded by my Department on a county basis is set out in the following list. In the case of sportsfield trusts they vary in size from two hectares, up to — in a few cases only — 100 hectares for cowpark-turbary trusts. The average size for cowpark-turbary trusts would generally be around 13 hectares.

County

Number

Carlow

8

Cavan

3

Clare

6

Cork

8

Donegal

2

Dublin

4

Galway

29

Kerry

10

Kildare

16

Kilkenny

7

Laois

17

Leitrim

2

Limerick

10

Longford

13

Louth

5

Mayo

18

Meath

43

Monaghan

2

Offaly

29

Roscommon

23

Sligo

6

Tipperary

14

Waterford

Wicklow

9

Westmeath

24

Wexford

9

Total

317

Grant Payments.

Denis Naughten

Question:

195 Mr. Naughten asked the Minister for Agriculture and Food the total value and number of uncashed cheques issued by her Department in each of the past five years; the elements which are EU and State funds in each respective year; the purposes for which these funds are utilised; and if she will make a statement on the matter. [7274/05]

The details of cheques that were uncashed, that is, out of date and not re-issued, as at 31 December 2004 for the calendar years 2002, 2003 and 2004 are set out in the following table:

Year Issued

No. Uncashed Cheques

Value of cheques 100% funded by the EU

Value of cheques nationally funded or EU co-financed

Total Value

2002

6,728

495,220

390,078

885,298

2003

3,321

654,443

198,899

853,342

2004

4,809

1,272,506

461,523

1,734,029

Total

14,858

2,422,169

1,050,500

3,472,669

As this information is drawn from the Department's new accounts system, which was installed in July 2001, the same data are not available for 2000 and 2001. The funds remain on account until such time as a cheque is re-issued on request.

Human Rights Issues.

Pat Carey

Question:

196 Mr. Carey asked the Minister for Justice, Equality and Law Reform if consideration has been given to the suggestion that the Irish Human Rights Commission should report directly to Dáil Éireann rather than to the Department of Justice, Equality and Law Reform as applies currently; and if he will make a statement on the matter. [7142/05]

This matter received detailed consideration, first, during the policy formulation stage of the proposals leading to the Human Rights Commission Act 2000; second, at my meeting with the commission in April, 2004; and third, in the context of my responses, as approved by the Government on 6 July 2004, to the various recommendations put forward by the commission in its report on effectiveness prepared in accordance with the provisions of section 24 of that Act. Those recommendations are reproduced in appendix 9 of the commission's annual report for 2003, which has been published and laid before both Houses of the Oireachtas on 20 October 2004. The formal responses on this issue, as well as those relating to the other points raised by the commission, were also laid before both Houses on the same day.

The commission's recommendation is that consideration should be given by the Government to linking the commission more closely to the Oireachtas in accountability for the exercise of its functions. The independence given to the commission under the legislation is underpinned by its wide mandate, remit and powers. It is not easy to see how aligning it with, say, a committee of the Oireachtas, would increase that independence or effectiveness. However, I indicated to the commission at the meeting I have referred to, that it was free to explore the issue further with a view to developing concrete proposals for my consideration. The commission has been examining the matter and I await its definitive suggestions.

Deportation Orders.

Jerry Cowley

Question:

197 Dr. Cowley asked the Minister for Justice, Equality and Law Reform if the deportation order regarding a person (details supplied) in County Mayo will be cancelled due to a change in the family circumstances; and if he will make a statement on the matter. [7257/05]

There is no deportation order in regard to the person in question, nor has a notification issued to the person of a proposal to make a deportation order in accordance with section 3 of the Immigration Act 1999.

Garda Strength.

Finian McGrath

Question:

198 Mr. F. McGrath asked the Minister for Justice, Equality and Law Reform the number of Garda patrol cars attached to Clontarf, Coolock, Santry and Raheny stations; the number of gardaí in these stations; if there will be increases in 2005; and if he will make a statement on the matter. [7258/05]

I am informed by the Garda authorities, who are responsible for the detailed allocation of resources, including personnel, that the number of Garda vehicles — all types — attached to the Clontarf, Coolock, Santry and Raheny stations is as set out in the following table:

Station

Vehicles

Clontarf

7

Coolock

8

Santry

38

Raheny

5

Total

58

I am further informed that the personnel strength of the Clontarf, Coolock, Santry and Raheny Garda stations — all ranks — as at 1 March 2005 was as set out in the following table:

Station

Strength

Clontarf

66

Coolock

85

Santry

106

Raheny

66

An additional four gardaí are due to be allocated to Santry Garda station and an additional three gardaí are due to be allocated to Coolock Garda station on 1 April 2005, in conjunction with the allocation of a newly attested group of probationer gardaí.

With regard to Garda resources generally, I am pleased the Government has approved my proposal to increase the strength of the Garda to 14,000 members on a phased basis, in line with the Agreed Programme for Government commitment in this regard. This is a key commitment in the programme for Government, and its implementation will significantly strengthen the operational capacity of the force.

The commissioner will draw up plans on how best to distribute and manage these additional resources. In this context, the needs of the Garda stations at Clontarf, Coolock, Santry and Raheny will be fully considered within the context of the needs of Garda stations throughout the country. The additional resources will be targeted at the areas of greatest need, as is envisaged in the programme for Government. The programme identifies particular areas with a significant drugs problem and a large number of public order offences but it will be possible to address other priorities as well such as the need to significantly increase the number of gardaí allocated to traffic duties as part of the new Garda traffic corps. I have promised that the additional gardaí will not be put on administrative duties and they will be put directly into frontline, operational, high-visibility policing. They will have a real impact.

Recidivism Rates.

Ciarán Cuffe

Question:

199 Mr. Cuffe asked the Minister for Justice, Equality and Law Reform the figures relating to recidivism rates at the Dóchas centre and for old Mountjoy; and if he will make a statement on the matter. [7259/05]

While accurate figures relating to rates of recidivism in the prisoner population are not yet available, the computerisation of prisoner records from 2001 will provide a more detailed view of a prisoner is past committal history going forward. The institute of criminology in University College Dublin, with the co-operation of my Department, is undertaking a major research project on the issue of recidivism. It is hoped the findings will present an accurate picture of recidivism which, in turn, will assist and shape the way we manage prison sentences in the future. The findings of this research are expected in early 2007.

Probation and Welfare Service.

Ciarán Cuffe

Question:

200 Mr. Cuffe asked the Minister for Justice, Equality and Law Reform if there are post-release follow up reports on inmates of the Dóchas centre in Mountjoy; and if he will make a statement on the matter. [7260/05]

The Probation and Welfare Service maintains case records and reports in respect of female offenders leaving custody at the Dóchas Centre, who are subject to Probation and Welfare Service supervision as a condition of temporary release. Reports are provided to the Irish Prison Service and to the Department of Justice, Equality and Law Reform on progress, as appropriate, and in the event of non-compliance with the conditions of release. Such case records and reports in individual cases are not published or released except where provided for in legislation.

Court Procedures.

Ciarán Cuffe

Question:

201 Mr. Cuffe asked the Minister for Justice, Equality and Law Reform his views on calls for a major reduction of the prison population through the use of non-custodial sentences for non-violent crimes; and if he will make a statement on the matter. [7261/05]

It is my responsibility as Minister for Justice, Equality and Law Reform, and that of my Department, to maintain and enhance community security and equality through the development of a range of policies and high quality services which underpin, inter alia, an effective and balanced approach to crime. That balanced approach, in addition to providing the resources and legislative provisions, requires that I make available a range of options for disposal of cases.

Addressing the root causes of crime is a multidimensional task, which falls within the areas of responsibility of a number of Departments. A number of risk factors have been identified as contributing factors to the causes of crime. These include neighbourhood and community factors; socioeconomic deprivation measured in part by poor housing and consistent poverty; family background-parenting; and individual factors such as lower than average IQ or low self-esteem and academic and school factors.

My Department supports and develops evidence-based preventative measures and interventions aimed at young offenders and those most at risk of offending. One of these measures is the Garda youth diversion projects. They are a community-based, multi-agency crime prevention, initiative which seeks to divert young persons from becoming involved or further involved in anti-social and/or criminal behaviour by providing suitable activities to facilitate personal development, promote civic responsibility and improve long-term employability prospects. By doing so, the projects also contribute to improving the quality of life within communities and enhancing Garda-community relations.

As the Deputy may be aware, recent years have seen a dramatic increase in the number of these projects, from 12 in 1997 to 64 currently, a process made possible, in part, by funding under the National Development Plan 2000-2006. The locations of the new projects were decided upon according to local needs, prioritised by the Garda authorities, in conjunction with my Department. Funding of €5.471 million has been allocated to these and related projects in the current year. The National Crime Council was established in 1999 and its key roles are to focus on crime prevention, with particular emphasis on the underlying causes of crime and focus on raising public awareness of crime; examine the "fear of crime"; identify research priorities and undertake in-house research.

With regard to reducing the numbers of people serving prison sentences, under the Criminal Justice (Community Service) Act 1983, a court may make a community service order as an alternative to a sentence of imprisonment or detention in respect of any individual over the age of 16 years who has been convicted of a criminal offence and who consents to the order being made. The order requires an offender to perform unpaid work for between 40 and 240 hours, usually to be completed within 12 months. An offender may be rehabilitated through the discipline of having to work in the community and the making of meaningful reparation to that community for his or her crime. The Probation and Welfare Service of my Department supervises those offenders undergoing community service orders.

The making of a community service order is a matter entirely for the Judiciary and one in which I have no function. However, the courts have and do exercise wide discretion in using CSOs in dealing with people over 16 years of age who offend. It is used in practice for all age categories of offenders. Work projects are negotiated by the Probation and Welfare Service with a wide range of community and voluntary agencies, usually resulting from an approach by the agency but, when necessary, arising from an approach to an agency by the service. There are more than 70 such projects around the country. My Department will provide circa €14.5 million to them in current funding this year. These projects offer a range of educational and training opportunities, counselling and substance abuse programmes. The Probation and Welfare Service is also in the process of identifying where there may be room for more projects servicing different needs around the country.

The Children Act 2001 introduced a wide range of innovative measures that will provide a statutory framework for the future development of the juvenile justice system in accordance with modern thinking and best international practice. Three Departments have a role in implementing the Act; my Department and the Departments of Health and Children and Education and Science. The National Children's Office has the responsibility of overseeing the implementation of the Act and co-ordinating regular working group meetings.

It is an underlying concept of the Children Act to expand the options a court will have at its disposal when deciding on how to deal with a young offender. These options are an essential feature of the Act as they will allow effect to be given to the principle that detention for young offenders will be a last resort. Thus, the Act envisages committals to custody of young offenders being availed of only in situations where other alternative diversions and community-based options have been resorted to and have failed.

Prison Accommodation.

Ciarán Cuffe

Question:

202 Mr. Cuffe asked the Minister for Justice, Equality and Law Reform if the Dóchas model will be extended to more prisons; and if he will make a statement on the matter. [7262/05]

In developing designs for new prison facilities it is the practice to utilise and draw on experience with existing facilities.

Prison Education Service.

Ciarán Cuffe

Question:

203 Mr. Cuffe asked the Minister for Justice, Equality and Law Reform the reason for discontinuing the funding for the CONNECT project in prisons; and if he will make a statement on the matter. [7263/05]

The CONNECT project was launched in 2000 as part of the Irish Prison Service training and development programme. The funding involved is provided annually by the Exchequer as part of the prisons Vote. Expenditure since 2000 has gone mainly to funding salary and incidental costs incurred in providing vocational training in the prisons and the provision of support to the project by the National Training and Development Institute, or NTDI, as well as meeting the cost of some capital works and materials used in the manufacture of products in prison workshops for the Special Olympics in 2003. The CONNECT projects at Mountjoy Prison, the Dóchas Centre and the training unit were established with the support of the NTDI and are now capable of independent operation. A process of internal review during 2002 prompted a refocusing of the project prior to its roll-out to further institutions. In particular, the review identified the need for new management structures to support the project's sentence management processes better in the delivering institutions.

The CONNECT project is currently being rolled out at Limerick Prison with renewed NTDI support, and the projects at Mountjoy Prison, the Dóchas Centre and the training unit, which have been affected by the current industrial relations and financial restrictions, will resume operations if and when there is a successful outcome to the current industrial relations process with the Prison Officers' Association. As the Deputy will be aware, members of that association will shortly be balloting on the proposal for organisational change recently concluded with the Irish Prison Service at the Labour Relations Commission following lengthy negotiations.

Garda Operations.

Finian McGrath

Question:

204 Mr. F. McGrath asked the Minister for Justice, Equality and Law Reform if he will report on strategies and action plans of the Garda Síochána to deal with anti-social behaviour in and around an estate (details supplied) in Dublin 9 and to develop community policing plans in 2005 for this area; and if he will make a statement on the matter. [7264/05]

I have been informed by the Garda authorities that the area concerned is actively policed by gardaí from Clontarf Garda station and that extra gardaí have been allocated to community policing. I understand that community policing in the area is a central feature and a core value in policing policy. The unit has lead responsibility for policing in the area and has evolved a partnership approach to problem-solving with the community.

I understand that current policing plans in the area are predicated on the prevention of public order offences, the prevention of crime, including crimes of violence against persons and property, and the maintenance of an environment conducive to the improvement of the quality of life of local residents.

I have been assured by the Garda authorities that this strategy is, and will continue to be, central to the delivery of a policing service to the area in question.

Asylum Applications.

Billy Timmins

Question:

205 Mr. Timmins asked the Minister for Justice, Equality and Law Reform the position in relation to the case of persons (details supplied); and if this matter will be dealt with as speedily as possible. [7265/05]

The persons in question, along with their then seven year old daughter, arrived in the State in February 1999 and made asylum applications. They had an Irish-born child in December 1999, withdrew their asylum applications and applied for permission to remain on the basis of their parentage of that child. Permission to reside in the State was granted solely on that basis.

The persons in question have no entitlement to Irish travel documents. They were previously issued with temporary travel documents as an exceptional measure which would have enabled them to travel to obtain their own passports. In June 2004 they sought a renewal of the travel documents, and they were advised to contact their nearest embassy or consulate with a view to obtaining their own national passports.

Travel documents are never intended to be issued as a substitute for passports from a person's own country of nationality. However, in exceptional circumstances they can be issued in the event that a person has been unreasonably refused a passport from their country of origin. In this case no documentary evidence has been produced in order to demonstrate that the persons concerned cannot obtain a passport from their country of origin. It is still open to the persons in question to provide the necessary documentation to allow the application for the travel documents to be reconsidered on the exceptional basis.

Child Care Services.

David Stanton

Question:

206 Mr. Stanton asked the Minister for Justice, Equality and Law Reform the child care projects, play groups and child care schemes that are currently funded in County Cork through the equal opportunities child care programme; the amount being made available to each; if and when current funding for any of these is to come to an end; the procedures in place for renewal of funding; and if he will make a statement on the matter. [7266/05]

During summer 2004 my Department published a comprehensive review of progress under the equal opportunities child care programme 2000-06 entitled Developing Childcare In Ireland. The document was circulated to all Members of the Oireachtas and was also posted on the Department's website. Much of the information the Deputy is seeking, up to the end of 2003, is included in this report.

It is intended in future to update these statistics twice yearly. The first such update, which will cover the period up to end of 2004, is expected to become available over the summer of 2005 and will be posted on the Department's website as well as being circulated to interested parties, including Members of the Oireachtas.

The overall position as regards County Cork is that up to the end of February 2005 I approved 269 grants, totalling €30.2 million, in respect of capital, staffing and quality improvement projects across the county. It is anticipated that this funding will lead to the creation of over 3,400 new child care places and will support a further 3,100 existing places. This funding includes: over 60 capital grants for community-based or not-for-profit groups which were approved funding of €13.4 million; over 80 community-based or not-for-profit projects which have received staffing funding of over €10 million; over 60 grants to private sector child care projects which have been approved for funding of €2.1 million; funding for Cork city and county child care committees to enable them to carry out their day-to-day activities and to deliver on their respective action plans. To date, over €1.6 million has been made available for that purpose.

Regarding the renewal of funding to projects, as the Deputy may be aware, the equal opportunities child care programme provides staffing grants to any community-based or not-for-profit child care services which can demonstrate a clear focus on disadvantage. Usually three years funding is provided under the programme to enable those projects to move towards self-sustainability. There will, of course, because of the nature of the families and communities that some of these services are supporting, always be a need for grant-aid for many of the groups that the programme is already supporting.

In that respect my Department is currently reviewing the arrangements for the ongoing support of such services in very disadvantaged areas and plans to introduce new arrangements for funding groups for which the three-year funding envelope or any subsequent continuation funding becomes exhausted by 31 August 2005. Information regarding the introduction of those new arrangements, which will be effective from 1 September 2005, will be forwarded to the groups in question as soon as it is available.

The relevant groups have been informed that their staffing funding will be continued at existing levels up to 31 August 2005, subject to the groups delivering their agreed levels of child care service provision.

Liquor Licensing Laws.

Denis Naughten

Question:

207 Mr. Naughten asked the Minister for Justice, Equality and Law Reform his plans to deregulate or introduce new legislation in the area of liquor licensing; and if he will make a statement on the matter. [7279/05]

The Government legislation programme, which was published on 25 January last, makes provision for the publication of an intoxicating liquor Bill later this year. It will repeal the Licensing Acts 1833 to 2004 together with related licensing provisions in other statutes, about 100 statutes in total, and replace them with updated provisions geared to modern conditions. Subject to the approval of the Government for its drafting, I intend to publish shortly details of the proposals which will be included in the Bill.

School Enrolments.

Paul Kehoe

Question:

208 Mr. Kehoe asked the Minister for Education and Science the plans she has for students that cannot attend a school (details supplied) who are outside the catchment area; and if she will make a statement on the matter. [7107/05]

For the purposes of post-primary education provision, the country is divided into catchment areas, each of which has its own post-primary education centre. The catchment boundaries were determined following consultation with local educational interests, and the intention was that certain primary schools would feed exclusively into each centre. My Department provides accommodation to meet the educational needs of an area on that basis.

Allowing pupils from outside a catchment area to enrol in a particular school can impact negatively on those who reside within the area and who are entitled to a place. It invariably also impacts negatively on the school or schools which those pupils should rightly attend and in which considerable capital investment has been made for that purpose. It is a matter for all school authorities, in the context of their enrolment policies, to limit enrolment to within their catchment area to ensure that this situation does not arise. A school authority may offer places to pupils from outside the catchment area only it does not have repercussions for additional accommodation.

The pupils to which the Deputy refers are within the Kilmuckridge, Carnew and Arklow catchment areas. Those catchment areas have a total of five post-primary schools between them. An examination of enrolment trends in these schools has been carried out by the school planning section for the purposes of ensuring that there is sufficient accommodation to cater for demand for pupil places. That examination revealed that enrolments in all five schools have dropped, in some cases quite dramatically, in the past ten years. In the circumstances, school planning section is satisfied that there is ample accommodation for the pupils in question to attend post-primary schools in their own catchment areas.

Where a board of management of one of those schools or a person acting on behalf of the board has refused to enrol a student, section 29 of the Education Act 1998 provides parents with an appeal process to the Secretary General of my Department. Where an appeal under section 29 is upheld, the Secretary General may direct a school to enrol a pupil.

School Accommodation.

Paul Kehoe

Question:

209 Mr. Kehoe asked the Minister for Education and Science the secondary school students to attend from the primary school areas (details supplied) following a decision that their areas are outside the official catchment area (details supplied); if she has done a check on these secondary schools to see if there are places available for these students from the areas supplied; if she will meet a parents representative from each of the primary school areas to let them outline their concerns; and if she will make a statement on the matter. [7108/05]

For the purposes of post-primary education provision, the country is divided into catchment areas, each of which has its own post-primary education centre. The catchment boundaries were determined following consultation with local educational interests and the intention was that certain primary schools would feed exclusively into each centre. My Department provides accommodation to meet the educational needs of an area on this basis.

Allowing pupils from outside a catchment area to enrol in a particular school can impact negatively on those who reside within the area and who are entitled, as of right, to a place. It invariably also impacts negatively on the school or schools to which these pupils should rightly attend and in which considerable capital investment has been made for this purpose. It is a matter for all school authorities, in the context of their enrolment policies, to limit enrolment to within their catchment area to ensure that this situation does not arise. A school authority may offer places to pupils from outside the catchment area only it does not have repercussions for additional accommodation.

The primary schools referred to by the Deputy are in the catchment areas of Kilmuckridge, Carnew and Arklow. These catchment areas have a total of five post-primary schools between them. An examination of enrolment trends in these schools has been carried out by school planning section for the purposes of ensuring that there is sufficient accommodation to cater for demand for post-primary pupil places. This examination revealed that enrolments in all five schools have dropped, in some cases quite dramatically, in the past ten years. In the circumstances, the school planning section is satisfied that there is ample accommodation for the pupils in question to attend post-primary schools in their own catchment areas.

Where a board of management of one of these schools or a person acting on behalf of the board has refused to enrol a student, section 29 of the Education Act 1998 provides parents with an appeal process to the Secretary General of my Department. Where an appeal under section 29 is upheld, the Secretary General may direct a school to enrol a pupil.

In all the circumstances, it is not my intention to meet with the groups to which the Deputy refers at this time.

Paul Kehoe

Question:

210 Mr. Kehoe asked the Minister for Education and Science if her attention has been drawn to the problems that have arisen in a secondary school (details supplied) in County Wexford where 43 pupils have been turned away as there is no place available to them in the school; the plans she has to rectify the problem; if she has spoken to her Department officials on this matter; and if she will make a statement on the matter. [7109/05]

An application is currently being considered from this school to improve accommodation in September.

Boards of Management.

Pat Carey

Question:

211 Mr. Carey asked the Minister for Education and Science when she will be able to clarify the inclusion of parents and teacher representatives on the boards of comprehensive schools, in particular the board of a school (details supplied) in Dublin 9; and if she will make a statement on the matter. [7110/05]

To expedite the appointment of a principal to oversee the commencement of the school to which the Deputy refers, it is essential that a board of management is appointed immediately. This board must be constituted in accordance with the existing model which does not, at this point in time, allow for parent or teacher representation.

This board, however, will be replaced by a board that will include such representation following the finalisation of revised arrangements for the composition of boards of management across the comprehensive sector. Agreement on these arrangements is nearing conclusion with the relevant education partners.

The parties involved in the school in question have been informed of the position.

School Transport.

Jim O'Keeffe

Question:

212 Mr. J. O’Keeffe asked the Minister for Education and Science if, when determining an application for school transport for persons (details supplied), she will ignore the closed school ruling. [7226/05]

A report on this case has been requested from Bus Éireann. The Deputy will be advised of the position when the report has been received and assessed.

School Accommodation.

Seán Ryan

Question:

213 Mr. S. Ryan asked the Minister for Education and Science if her attention has been drawn to the fact that families moving into Balbriggan, County Dublin are unable to secure places for their children who may already be in school from their previous address or who are due to commence school in September 2005; and if, in this regard, she will report on the position of a person (details supplied) in County Dublin. [7227/05]

Seán Ryan

Question:

214 Mr. S. Ryan asked the Minister for Education and Science if her attention has been drawn to the fact that families moving into Balbriggan, County Dublin are unable to secure places for their children who may already be in school from their previous address or who are due to commence school in September 2005; and if, in this regard, she will report on the position of a person (details supplied) in County Dublin; and if she will make a statement on the matter. [7228/05]

I propose to take Questions Nos. 213 and 214 together.

My Department is aware that Balbriggan is a rapidly developing area and it is taking a number of measures to address this situation.

Under the capital programme for 2005, sanction has been given for temporary accommodation at St. Molagas national school, Scoil Peadar agus Pól national school and St. George's national school to cater for increased enrolments for September 2005.

In addition to this, an application for the establishment of a new primary school under the patronage of Educate Together is currently being assessed by the New Schools Advisory Committee. My Department is supporting this application, a decision on which will be given by mid-April next.

With regard to future provision in the Balbriggan area, as the Deputy will be aware, a new school planning model involving published area development plans is being piloted in five areas over the current school year. Balbriggan is included in the pilot scheme as part of an overall plan for the north Dublin-east Meath and south Louth area. The need for additional educational provision in the area will be considered in this context.

The purpose of this new approach to school planning is to ensure that, in future, the provision of school infrastructure will be decided only after a transparent consultation process. In this regard, parents, trustees, sponsors of prospective new schools and all interested parties from a locality will have the opportunity to have their voices heard in the process.

Arising from this process, an individual plan will set out the blueprint for the future of educational provision in an area, which will be the touchstone against which all decisions in relation to capital investment will be made for the next decade.

The draft plan for north Dublin-east Meath and south Louth area is nearing completion in the school planning section of my Department and I hope to be in a position to publish it shortly.

With regard to the specific issues referred to by the Deputy the position is that where a board of management of a school or a person acting on behalf of the board has refused to enrol a student, section 29 of the Education Act 1998 provides parents with an appeal process to the Secretary General of my Department. Where an appeal under section 29 is upheld, the Secretary General may direct a school to enrol a pupil.

Special Educational Needs.

Bernard J. Durkan

Question:

215 Mr. Durkan asked the Minister for Education and Science if for the future she will approve the special needs teaching facilities and models in primary schools throughout County Kildare that are most suited to each particular schools requirements, having regard to children’s needs and parents concerns; and if she will make a statement on the matter. [7246/05]

Every effort is made to ensure that children with special educational needs receive an education appropriate to their needs. Decisions regarding the most appropriate model of response in each particular case are based on the professionally-assessed needs of the individual child.

Children who have been assessed as having special educational needs have access to a range of special support services. The services range from special schools dedicated to particular disability groups, through special classes-units attached to ordinary schools to placement on an integrated basis in ordinary schools, with special back-up supports.

My Department's policy is to ensure the maximum possible integration of children with special educational needs into ordinary mainstream schools. Many children with such needs are capable of attending mainstream schools on a fully integrated basis with the support, where necessary, of special resource teachers and-or special needs assistants.

Children with more severe disabilities are catered for in special schools which are dedicated to particular disability groups. There are three special schools in operation in County Kildare at present catering for approximately 157 pupils with special needs with a pupil-teacher ratio ranging from 6:1 to 11:1. These schools cater for children from four to 18 years of age and each school enjoys a significantly reduced pupil teacher ratio and other staffing supports. Additional special needs assistant support is provided if deemed necessary. Special schools also receive increased rates of capitation funding.

In addition to these special schools, I can confirm that the following special needs provision in County Kildare has been sanctioned by my Department to cater for the special educational needs, SEN, of pupils: nine special classes for pupils with autism at a pupil-teacher ratio of 6:1; six special classes for pupils with mild general learning disabilities at a pupil-teacher ratio of 11:1; and one special class for pupils with moderate general learning disabilities at a pupil teacher ratio of 8:1.

All special classes attached to ordinary mainstream schools enjoy the same increased levels of staffing and funding as are made available to the special schools. Children with special educational needs attending special classes attached to ordinary schools may, where appropriate, be integrated into ordinary classes for periods of the school day and, in that way, benefit from being able to socialise with their non-disabled peers.

My Department also provides funding for The Saplings Project, a facility sanctioned on a pilot basis which uses applied behavioural analysis methodologies for children with autism. There are approximately 30 children enrolled in the facility.

While children are awaiting a suitable educational placement, my Department may sanction home tuition as an interim measure, if appropriate.

In the light of the reality that pupils in the high incidence disability categories of mild and borderline mild general learning disability and dyslexia are distributed throughout the education system, my Department, in consultation with educational interests, developed a general model of resource teacher allocation to schools to support students in these disability categories. This model, which was announced by my predecessor in 2004 to come into effect from September 2005, was designed to put in place a permanent resource in primary schools to cater for pupils in these categories.

The model was constructed so that allocations would be based on pupil numbers, taking into account the differing needs of the most disadvantaged schools and the evidence that boys have greater difficulties than girls in this regard. The logic behind having a general allocation model is to reduce the need for individual applications and supporting psychological assessments, and put resources in place on a more systematic basis, thereby giving schools more certainty about their resource levels. This will allow for better planning in schools, greater flexibility in identifying and intervening earlier with regard to pupils' special educational needs, as well as making the posts more attractive to qualified teachers.

As I have told the Dáil on a number of occasions, I am very conscious of difficulties that could arise in relation to the model announced last year, particularly for children in small and rural schools, if it were implemented as currently proposed. Accordingly, I am having the proposed model reviewed to ensure that it provides an automatic response for pupils with common mild learning disabilities, without the need for cumbersome individual applications, while at the same time ensuring that pupils currently in receipt of service continue to receive the level of service appropriate to their needs. In carrying out the review, my Department is consulting with representative interests including the National Council for Special Education.

I have made it clear that I am in favour of using a general allocation model to ensure that we have in place a permanent resource in our primary schools to cater for pupils with high incidence mild disabilities and learning difficulties. However, it will not be as announced last year. The revised procedure for providing a general allocation of resource hours to schools will be announced in the coming weeks, in time to be implemented for the next school year.

In the lower incidence disability categories resources will continue to be allocated on the basis of individual applications. It is important that where there is a particular and special need in the low incidence category these children are considered individually. These pupils are not evenly distributed among schools and a general allocation model would not be appropriate. However, the involvement of the National Council for Special Education, NCSE, and the special education needs organisers will greatly enhance the speed of response to such applications.

I am confident the advent of the NCSE will prove of major benefit in ensuring that all children with special educational needs, including those in County Kildare, receive the support they require when and where they require it.

Bernard J. Durkan

Question:

216 Mr. Durkan asked the Minister for Education and Science her proposals in respect of the special needs teaching model to be approved for a school (details supplied) in County Kildare; the status of circulars 904, 802 and the relevant 05 circular in regard to special needs teaching and the way in which the school in question is likely to be catered for in respect of special needs requirement in the future; and if she will make a statement on the matter. [7247/05]

The school referred to by the Deputy currently has the services of one shared learning support teacher and two resource teachers.

In light of the reality that pupils in the high incidence disability categories of mild and borderline mild general learning disability and dyslexia are distributed throughout the education system, my Department, in consultation with educational interests, developed a general model of resource teacher allocation to schools to support pupils in these disability categories. This model, which was announced by my predecessor in 2004 to come into effect from September 2005, was designed to put in place a permanent resource in primary schools to cater for pupils in these categories.

The model was constructed so that allocations would be based on pupil numbers, taking into account the differing needs of the most disadvantaged schools and the evidence that boys have greater difficulties than girls in this regard. The logic behind having a general allocation model is to reduce the need for individual applications and supporting psychological assessments and put resources in place on a more systematic basis, thereby giving schools more certainty about their resource levels. This will allow for better planning in schools, greater flexibility in identifying and intervening earlier with regard to pupils' special needs, as well as making the posts more attractive to qualified teachers.

As I have informed the Dáil on a number of occasions, I am, however, conscious of difficulties that could arise in respect of the model announced last year, particularly for children in small and rural schools, if it were implemented as currently proposed. Accordingly, I am having the proposed model reviewed to ensure that it provides an automatic response for pupils with common mild learning disabilities, without the need for cumbersome individual applications, while at the same time ensuring that pupils currently in receipt of service continue to receive the level of service appropriate to their needs. In carrying out the review, my Department is consulting with representative interests including the National Council for Special Education.

I have made it clear that I am in favour of using a general allocation model to ensure that we have in place a permanent resource in our primary schools to cater for pupils with high incidence mild disabilities and learning difficulties. However, it will not be as announced last year. The revised procedure for providing a general allocation of resource hours to schools will be announced in the coming weeks, in time to be implemented for the next school year. A communication will issue to the school in question at that point. In the lower incidence disability categories, resources will continue to be allocated on the basis of individual applications.

It is important that where there is a particular special need in the low incidence category that these children are considered individually. These pupils are not evenly distributed among schools and a general allocation model would not be appropriate. However, the involvement of the National Council for Special Education and the special education needs organisers will greatly enhance the speed of response to such applications.

School Transport.

Jan O'Sullivan

Question:

217 Ms O’Sullivan asked the Minister for Education and Science if the review of school transport has been completed; if not, when it is expected; and if she will make a statement on the matter. [7253/05]

The review of the school transport scheme within my Department is at an advanced stage. The steps required to bring the matter to an early conclusion are under active consideration at present.

Special Educational Needs.

Jan O'Sullivan

Question:

218 Ms O’Sullivan asked the Minister for Education and Science when she will introduce guidelines for special needs provision in post-primary schools; and if she will make a statement on the matter. [7254/05]

My Department has already undertaken the preparation of guidelines for special needs provision in post-primary schools. These guidelines have been prepared in consultation with representatives of special education departments engaged in providing training to teachers in the area of special needs education at second level. The draft guidelines are currently being edited and discussions will commence shortly with the relevant interest bodies prior to circulation to second level schools.

Finian McGrath

Question:

219 Mr. F. McGrath asked the Minister for Education and Science if all pupils with disabilities at primary and second level will receive the maximum support and assistance in 2005; and if she will report on new services coming on stream. [7255/05]

Every effort is made to ensure that children with special educational needs receive an education appropriate to their needs. Decisions regarding the most appropriate model of response in each particular case are based on the professionally-assessed needs of the individual child. Children who have been assessed as having special educational needs have access to a range of special support services. The services range from special schools dedicated to particular disability groups, through special classes-units attached to ordinary schools, to placement on an integrated basis in ordinary schools, with special back-up supports.

My Department's policy is to ensure the maximum possible integration of children with special educational needs into ordinary mainstream schools. Many children with such needs are capable of attending mainstream schools on a fully integrated basis with the support, where necessary, of special resource teachers and/or special needs assistants.

Children with more severe disabilities are catered for in special schools which are dedicated to particular disability groups. There are 107 special schools in the country at present. These schools cater for children from four to 18 years of age and each school enjoys a significantly reduced pupil-teacher ratio and other staffing supports. Additional special needs assistant support is provided if deemed necessary. Special schools also receive increased rates of capitation funding.

Where placement in a special school is not considered necessary, children with special educational needs can attend special classes attached to ordinary mainstream schools. All special classes enjoy the same increased levels of staffing and funding as are made available to the special schools. Children with special educational needs attending special classes attached to ordinary schools may, where appropriate, be integrated into ordinary classes for periods of the school day and, in that way, benefit from being able to socialise with their non-disabled peers. While children are awaiting a suitable educational placement, my Department may sanction home tuition as an interim measure, if appropriate.

The following dedicated resources are now deployed to support children with special educational needs in the primary system: more than 2,600 resource teachers — up from 104 in 1998; more than 1,500 learning support teachers — up from 1,302 in 1998; more than 1,000 teachers in special schools; more than 600 teachers in special classes; more than 5,000 special needs assistants — up from 300 in 1998; more than €30 million on school transport for special needs pupils; more than €3 million towards specialised equipment and materials — up from €800,000 in 1998.

To appreciate the scale of improvement in the provision of resources to primary schools for special needs, it is worth reflecting on the fact that, at approximately 10,700, the number of adults providing services to children with special educational needs in primary schools today equates to more than half of the 21,100 primary teaching force in 1998.

The level of resources being made available by my Department to support students with special educational needs in the second level system has also grown significantly in recent years. In the current school year to date, my Department has allocated approximately 1,386 whole-time equivalent teachers and approximately 626 special needs assistants to second level schools and VECs to cater for the special educational needs of students at second level. This represents an increase of approximately 280 resource teacher posts and approximately 160 special needs assistant posts on the previous school year.

The Deputy will be aware that with effect from 1 January 2005, the National Council for Special Education, NCSE, has taken over responsibility for processing resource applications for children with disabilities who have special educational needs and, in particular, it is responsible for the following: deciding on applications for resource teaching hours in respect of children with low incidence disabilities with special educational needs at primary level; deciding on applications for additional teaching support in respect of children with disabilities with special educational needs at second level; and deciding on applications for special needs assistant, SNA, hours.

Under the new arrangements, the council, through the local special educational needs organiser, SENO, will process the relevant application for resources at primary and post-primary level and inform the school of the outcome. It is important to note that in the case of decisions on resource teaching and SNAs, the SENO will outline the process to the school and parents, where appropriate, and will at the end of the process outline the basis on which the decision was made. I am confident that the advent of the NCSE will prove of major benefit in ensuring that all children with special educational needs receive the support they require when and where they require it.

My Department has recently issued a circular and letter advising the authorities of primary and post-primary schools respectively, of the arrangements put in place as a result of the transfer of these functions to the NCSE. My Department is continuing to prioritise the development of the network of special educational provision for children with special needs. The steps taken in recent years and those currently in hand represent significant progress in the development of those services. The enactment of the Education for Persons with Special Education Needs Act and the establishment of the NCSE have provided the key to underpin service delivery in the future.

Paul Kehoe

Question:

220 Mr. Kehoe asked the Minister for Education and Science when the review regarding the allocation of learning support and resource teachers will be concluded; if resource hours will be allocated on a needs basis as opposed to an enrolment basis; her views on whether the proposed system discriminates against all-girls schools; and if she will make a statement on the matter. [7256/05]

In light of the reality that pupils in the high incidence disability categories of mild and borderline mild general learning disability and dyslexia are distributed throughout the education system, my Department, in consultation with educational interests, developed a general model of resource teacher allocation to schools to support students in these disability categories. This model, which was announced by my predecessor in 2004 to come into effect from September 2005, was designed to put in place a permanent resource in primary schools to cater for pupils in these categories.

The model was constructed so that allocations would be based on pupil numbers, taking into account the differing needs of the most disadvantaged schools and the evidence that boys have greater difficulties than girls in this regard. The logic behind having a general allocation model is to reduce the need for individual applications and supporting psychological assessments and put resources in place on a more systematic basis, thereby giving schools more certainty about their resource levels. This will allow for better planning in schools, greater flexibility in identifying and intervening earlier with regard to pupils' special needs, as well as making the posts more attractive to qualified teachers.

As I have informed the Dáil on a number of occasions, I am, however, conscious of difficulties that could arise in respect of the model announced last year, particularly for children in small and rural schools, if it were implemented as currently proposed. Accordingly, I am having the proposed model reviewed to ensure that it provides an automatic response for pupils with common mild learning disabilities, without the need for cumbersome individual applications, while at the same time ensuring that pupils currently in receipt of service continue to receive the level of service appropriate to their needs. In carrying out the review, my Department is consulting with representative interests including the National Council for Special Education.

I have made it clear that I am in favour of using a general allocation model to ensure that we have in place a permanent resource in our primary schools to cater for pupils with high incidence mild disabilities and learning difficulties. However, it will not be as announced last year. The revised procedure for providing a general allocation of resource hours to schools will be announced in the coming weeks, in time to be implemented for the next school year. In the lower incidence disability categories, resources will continue to be allocated on the basis of individual applications.

It is important that where there is a particular special need in the low incidence category that these children are considered individually. These pupils are not evenly distributed among schools and a general allocation model would not be appropriate. However, the involvement of the National Council for Special Education and the special education needs organisers will greatly enhance the speed of response to such applications.

School Staffing.

John Deasy

Question:

221 Mr. Deasy asked the Minister for Education and Science if her attention has been drawn to the fact that there are a number of secretaries in secondary schools who, due to the fact that their schools did not avail of the permanent post of school secretary in 1978, now find that despite long years of service they have no pension rights or status; the number of such secretaries in each county; if she will consider reviewing their situation to bring them in line with their colleagues; and if she will make a statement on the matter. [7284/05]

In the case of secondary schools, my Department provides funding towards the cost of secretarial services under two separate schemes. The first of these is the 1978-79 scheme for the employment of school secretaries in secondary schools, under which my Department meets the full cost of salary. Pension scheme arrangements apply since 1985 to secretaries employed under this scheme. The 1978-79 scheme is being phased out as posts become vacant and no new posts are being created.

The 1978-79 scheme has been superseded by a more extensive school support grant scheme towards the funding of ancillary services in schools including secretarial services. The scheme, by its nature, is flexible and gives schools discretion as to the manner in which secretarial services are provided. It has been a matter for the schools in question to determine such matters as to whether to employ one or more secretaries, the hours of employment, their pay and general terms and conditions. In the case of such employees, I understand secondary schools have been advised by their representative managerial body regarding the right of such employees to contribute to personal retirement savings accounts, PRSAs.

Higher Education Grants.

David Stanton

Question:

222 Mr. Stanton asked the Minister for Education and Science the higher education maintenance grants applicable for the coming year; and if she will make a statement on the matter. [7285/05]

The process of reviewing the thresholds for eligibility and the grant levels for the 2005-06 academic year is currently ongoing. Decisions on the 2005 schemes will be announced as soon as this process is completed.

Special Educational Needs.

Joe Walsh

Question:

223 Mr. Walsh asked the Minister for Education and Science the position regarding the retention of a special needs assistant at a school (details supplied) in County Cork. [7286/05]

The school concerned has the services of two full time special needs assistants, SNAs, including the SNA referred to by the Deputy. The Deputy will be aware that a review of SNA provision in primary schools is continuing. The review is concerned with the level and deployment of SNA posts in mainstream classes. The intention is to ensure that the level of approved SNA support in schools, and the manner in which that support is being allocated, are such as to ensure that the special care needs of pupils are being appropriately met. Decisions regarding the appropriate level of SNA support in respect of applications made to my Department will be based on the outcome of this review.

The school in question will be reviewed shortly. The position regarding the appropriate level of SNA support at the school will be determined following this review and the school will be advised accordingly.

Local Authority Funding.

Michael Ring

Question:

224 Mr. Ring asked the Minister for the Environment, Heritage and Local Government if he will report on the application which was made by Mayo County Council to his Department for funding under the planned maintenance programme. [7314/05]

Michael Ring

Question:

226 Mr. Ring asked the Minister for the Environment, Heritage and Local Government when his Department will be sanctioning the remainder of funding to Mayo County Council under the planned maintenance programme. [7220/05]

I propose to take QuestionsNos. 224 and 226 together.

I refer to the reply to Questions Nos. 424 and 425 of 1 March 2005. My Department has no current application from Mayo County Council for consideration of funding under a planned maintenance programme.

Water and Sewerage Schemes.

Olivia Mitchell

Question:

225 Ms O. Mitchell asked the Minister for the Environment, Heritage and Local Government the reason there was no grant allocation for the past two years to Dún Laoghaire-Rathdown County Council under the small scheme’s programme for water and drainage; if his attention has been drawn to the fact that there is a potential environmental gain for many houses in rural and formerly rural areas in that they may access new main sewers. [7182/05]

The annual block grant allocations to county councils for small public water and sewerage schemes are made under my Department's rural water programme. The objective of the small schemes measure is to assist in the provision or upgrading of public water supply and sewerage services in areas where existing infrastructure is deficient.

Having regard to the predominantly rural focus of the small schemes measure, the high level of demand for improved water and sewerage services in rural towns and villages nationally, the €119 million in major water services infrastructural upgrades approved for Dún Laoghaire-Rathdown in the Department's water services investment programme 2004-06 and the overall degree of access to water and sewerage services in the Dún Laoghaire-Rathdown area generally, no rural water allocations were made to the county council in 2004 or 2005.

Question No. 226 answered with QuestionNo. 224.

Denis O'Donovan

Question:

227 Mr. O’Donovan asked the Minister for the Environment, Heritage and Local Government his plans for a sewage scheme for an area (details supplied) in County Cork; the proposed date for works to the scheme to commence; the nature of the works to be executed; and if he will make a statement on the matter. [7221/05]

The Drinagh sewerage scheme was not accorded a high priority ranking in the list of water services schemes submitted by Cork County Council's for its western division in response to my Department's request in 2003 to all local authorities to undertake fresh assessments of the needs for capital works in their areas and to prioritise their proposals on the basis of the assessments. The priority lists were taken into account in the framing of my Department's water services investment programme 2004-06, published last year.

In view of the priority afforded to the scheme by the council, it has not been possible to include it the programme.

Archaeological Sites.

Ciarán Cuffe

Question:

228 Mr. Cuffe asked the Minister for the Environment, Heritage and Local Government the archaeological issue he is currently determining with regard to the proposed M3 motorway; if he is examining archaeological sites along the entire route of the proposed road; if he is only examining the vicinity of the Tara-Skryne Valley; when he intends to issue the determination; the timescale envisaged for the excavations; and if he will make a statement on the matter. [7222/05]

I am examining two applications for directions under section 14A(2) of the National Monuments Act 1930, as amended, as regards archaeological works to be carried out in respect of sections of the proposed M3 motorway which was approved by An Bord Plenála in August 2003. Such directions allow for proper standards to be specified for the carrying out of archaeological works associated with approved road developments. One of the applications received covers the Clonee to Dunshaughlin section of the route and the other application is for the Dunshaughlin to Navan section. It is the latter that passes through the Tara-Skryne valley.

I am consulting with the director of the National Museum with regard to these applications and would hope to be in a position to determine them later this month. Applications for directions in relation to archaeological works relating to sites on the remaining sections of the approved road have not yet been submitted to my Department.

The timescale for the carrying out of any permitted archaeological works is an operational issue for the NRA and Meath County Council.

Proposed Legislation.

Michael Lowry

Question:

229 Mr. Lowry asked the Minister for the Environment, Heritage and Local Government if he will amend the Local Government Act to enable expanding towns with populations under 7,000 to establish town councils (details supplied); and if he will make a statement on the matter. [7224/05]

The Local Government Act 2001 was designed to modernise the legislative framework, support community involvement with local authorities in a more participative local democracy and underpin generally the programme of local government renewal, including the position of county and city councils as the primary units of local government. The Act takes account of the recommendations of the 1996 report of the reorganisation commission towards cohesive local government — town and county — regarding improved accessibility, interaction and linkages for non-local authority towns within county council areas. The commission's report stated that the existence of town authorities in a number of small towns is not in itself a premise on which to base a case for the creation of new authorities in all or any other towns of that size and concluded, inter alia, that the widespread creation of new town authorities was neither warranted nor feasible. The report recommended that only towns with a population of 7,500 or over be eligible for consideration. In line with this, section 185 of that Act provides, inter alia, that qualified electors of a town having a population of at least 7,500 as ascertained at the last preceding census or such other figure as the Minister may from time to time prescribe by regulations, and not having a town council, may make a proposal for the establishment of such a council.

The local government modernisation programme has seen local authorities respond to the need to decentralise service delivery through the provision of local area offices, substantial investment in e-local government with the use of on-line technology to improve efficiency and effectiveness in service delivery, and the production of local authority customer action plans. In addition, the Planning and Development Act 2000 provides that a local area plan must be prepared for all towns with a population of more than 2,000 that are not already planning authorities, thus ensuring that the citizens of smaller towns have a full opportunity to participate in the process of developing strategic priorities for their local areas.

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