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Dáil Éireann debate -
Thursday, 3 Mar 2005

Vol. 599 No. 1

Written Answers.

The following are questions tabled by Members for written response and the ministerial replies received from the Departments (unrevised).
Questions Nos. 1 to 10, inclusive, answered orally.

Departmental Agencies.

Paul Nicholas Gogarty

Question:

11 Mr. Gogarty asked the Minister for Finance if he will make a statement on the conflict of interest engendered by the role of the National Treasury Management Agency in supplying staff to the National Pension Reserve Fund and the National Development Finance Agency and the resultant withdrawal by the NTMA from advising the NRA on obtaining the best financial deal for the M50 project; if this type of conflict of interest could have been foreseen; and if this type of conflict of interest may happen with other agencies. [7064/05]

Ruairí Quinn

Question:

14 Mr. Quinn asked the Minister for Finance if he is satisfied that there are sufficient safeguards and guidelines in place covering the involvement of the National Development Finance Agency in projects, in view of the fact that the agency had to withdraw from advising the NRA on plans for the upgrading of the M50 motorway due to a potential conflict of interest by way of its links to a consortium bidding for the project; and if he will make a statement on the matter. [7199/05]

I propose to take Questions Nos. 11 and 14 together.

The Government established the National Development Finance Agency, NDFA, on 1 January 2003. The NDFA has, inter alia, the function of advising State authorities on the optimum means of financing public investment projects, whether procured through a PPP approach or through traditional procurement. The NDFA does not have a project approval role.

I am advised that the National Pension Reserve Fund Commission, which makes investment decisions independently of the Minister for Finance, has made an initial €200 million allocation to PPPs in Ireland. It has also announced that it has joined a consortium tendering for the M50 motorway upgrade.

I am advised that the commission's involvement with PPPs is consistent with the fund's purpose and statutory investment policy and, on that basis, I can see no difficulty with it.

I am advised by the NTMA that, while it performs the function of manager of the NPRF and also performs the functions of the NDFA, there is a robust Chinese wall between the two functions. However, given that the NPRF is charged with maximising the gains for the Exchequer from its investments, while the NDFA is required to advise on the optimal means of financing public investment projects, there could, in some circumstances, be a perceived problem, even though both are seeking to work in the best interests of the taxpayer. I am advised that, in its press release of 9 February last on the publication of its annual review, the NPRF commission stated that, in future, rather than joining particular consortia in tendering for projects, it will make finance available to the winning bidder provided it is satisfied with the prospective rates of return.

Because of the perception I have referred to, I am advised by the NTMA that the NDFA withdrew from providing advice to the NRA on the M50 project as the NPRF commission had decided to join a consortium in tendering for the project.

Special Savings Incentive Scheme.

Brian O'Shea

Question:

12 Mr. O’Shea asked the Minister for Finance the number of special savings investment scheme accounts opened at the latest date for which figures are available; the average amount of savings per investor per month; the likely cost to the Exchequer of the special savings investment scheme on the basis of such figures; and if he will make a statement on the matter. [7194/05]

I am informed by the Revenue Commissioners that all qualifying savings managers are furnishing their 2004 SSIA annual returns at present. The Revenue Commissioners will shortly begin analysing these returns and it is expected that final details of this analysis will be available at the end of April 2005.

All qualifying savings managers have, in advance of the annual return, provided a declaration indicating the number of active accounts held at 31 December 2004. Based on these 2004 declarations, I am informed by the Revenue Commissioners that the total number of active accounts at 31 December 2004 was 1,094,188 and the average monthly subscription was €175. Revisions may be necessary if amendments are received at a later date.

As indicated in replies to previous questions, it is not possible to give a definitive answer as to the eventual cost of the scheme as it is subject to a number of variables such as participants dying, withdrawing from the scheme or varying their monthly contributions. The cost of the scheme in 2004 was €548 million. The estimated cost in 2005 is €560 million. This, however, is not a conclusive figure, and the final figure may be different if account holders change their monthly contributions. The total gross cost over the period of the scheme will be reduced by the exit tax to be received at the end.

Tax Code.

Olwyn Enright

Question:

13 Ms Enright asked the Minister for Finance if he plans changes in the capital gains tax code. [7072/05]

As the Deputy may be aware, I have made a number of changes to the capital gains tax code in the 2005 Finance Bill, as initiated. These include provisions relating to the 15% deduction from the consideration on the disposal of certain assets, to the updating of the titles of certain bodies which are exempt from capital gains tax and to an exemption for foreign pension bodies doing pensions business in the State.

I have no proposals to make any further changes to the capital gains tax code in the 2005 Finance Bill.

Question No. 14 answered with QuestionNo. 11.

Decentralisation Programme.

Róisín Shortall

Question:

15 Ms Shortall asked the Minister for Finance the anticipated costs, in terms of acquiring and equipping premises and other related costs, at the latest date for which figures are available, of the original decentralisation programme announced in budget 2004 and the slimmed down version announced in December 2004; and if he will make a statement on the matter. [7191/05]

The Government's decentralisation programme involves some 10,500 civil and public service jobs in more than 56 locations. As I have said on a number of occasions the Government is committed to the full implementation of the programme.

My office has been tasked with procurement of development sites in the designated locations and the procurement of accommodation solutions to the office and facility requirements of the Departments and agencies involved.

The Office of Public Works, having evaluated in excess of 700 proposed property solutions in relation to the decentralisation programme scheduled for the various locations around the country has made significant progress in sourcing possible sites at the locations concerned.

The prevailing property market conditions in each geographical area will have a significant bearing on the cost of acquiring sites. As the acquisition process is still in progress, it is not possible at this stage to provide a precise estimate of the cost of the site acquisition programme. However, for working purposes only, an indicative figure of €75 million to €100 million is being used by the OPW.

As the Deputy will be aware, the decentralisation implementation group, DIG, announced the names of the Departments and organisations selected to move in the first phase of the programme on the 24 November 2004. A further report from the group on the procurement and financial issues relating to property was also published on the 24 November 2004.

The next stage in the decentralisation process will focus on the construction of office accommodation on the sites being procured by OPW. In line with the DIG report on procurement the OPW advertised for expressions of interest in the first 15 design-build projects in December 2004. A very significant response was received and the submissions are currently being evaluated.

In relation to the public private partnership approach recommended by the DIG my office has been developing a comprehensive risk-adjusted costing of project elements to measure the value-for-money of future PPP bids.

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

It is estimated that approximately 210,000 sq. m.— 2.26 million sq. ft.— of office space will be required to accommodate the total numbers included in the programme. Current industry cost norms in respect of commercial offices would indicate an average build-cost to fit-out standard, in the range of €1,450 per square metre to €2,000 per square metre. Such figures exclude VAT, professional fees and inflation. In addition the cost of equipping the accommodation to standard office equipment levels could be estimated at circa €4,000 per person. This would exclude the cost of information and communication technology and specialised equipment requirements. Such general measurements of cost do not include specialised facility and equipment requirements and other variables which would arise from the spread of possible procurement methodologies. In addition general cost indicators of this type show a snapshot in time.

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

Stability and Growth Pact.

Phil Hogan

Question:

16 Mr. Hogan asked the Minister for Finance when the terms of the stability pact are likely to be revised; and if he will make a statement on the matter. [7076/05]

The European Commission presented a formal communication on 3 September 2004, outlining a range of proposals for strengthening economic governance in the European Union and clarifying the implementation of the Stability and Growth Pact. Since then, the issues involved have been the subject of detailed and wide-ranging discussions.

The most recent discussions took place at the ECOFIN Council of 17 February 2005, when Ministers made further progress in identifying areas of common ground. Consideration of the issues involved is still ongoing. The Luxembourg Presidency has expressed its aim of finalising the review of the pact by the spring European Council on 22 and 23 March 2005.

Tax Code.

Jim O'Keeffe

Question:

17 Mr. J. O’Keeffe asked the Minister for Finance if he is satisfied with the entry level to the top rate of income tax; and if he will make a statement on the matter. [7138/05]

As a result of the budget, the standard rate bands for this and subsequent years are €29,400 for a single person, €38,400 for a married one-earner couple and €58,800 for a married two-earner couple of which €38,400 is transferable. Lone and widowed persons have a standard rate band of €33,400. Taxable income above these levels is subject to the higher rate of tax of 42%.

The major portion of available resources for the personal tax package in budget 2005 was devoted to achieving the aim of taking those on the minimum wage out of the tax net. This fulfilled a key taxation commitment contained in An Agreed Programme for Government. It will benefit those on low incomes and will help remove 66,000 from the tax net for 2005. Overall, after budget 2005, there are over 34% of income earners — some 656,500 — outside the tax net.

To the extent that further resources were available for tax reductions in the budget 2005 income tax package, they were used essentially to widen the standard rate bands so as to increase the entry level to the higher rate of tax. The increases in the standard rate band will ensure that an extra 52,000 taxpayers will not pay tax at the higher rate in 2005. The band widening in budget 2005 ensures that about 33% of income earners will pay tax at the higher rate in 2005 as compared with a projected 36% of income earners if no such measure had been included in the budget.

It should be noted that all income earners benefited from the tax changes in the recent budget and that while the proportion on the top rate increased, there was a reduction in their average tax rate, that is, tax as a percentage of income. It should also be noted that in 2005 a single PAYE worker on the average industrial wage will pay over €200 less in tax in 2005 than in 1997 on a wage which is over €11,000 greater in value.

Expenditure Review Initiative.

David Stanton

Question:

18 Mr. Stanton asked the Minister for Finance if he is satisfied with the progress under the expenditure review initiative; and if he will make a statement on the matter. [7129/05]

As I stated in a reply to a previous parliamentary question on 1 February this year, I would like to see greater progress being made in improving the arrangements for carrying out expenditure reviews and in completing reviews.

I am committed to ensuring that we get better value for money from public expenditure. I have therefore accepted the recommendations in the first formal report from the expenditure review central steering committee on progress underthe expenditure eview initiative, ERI, for the period June 2002 to June 2004 which was submitted to me last November. This report found that progress had been made by Departments and offices in undertaking systematic evaluation both within and outside the ERI, and in building an evaluation culture. However, it also highlighted some deficiencies in the process and made a number of recommendations to improve it. The recommendations set out in the report require Departments to take steps to: address the problems identified in planning, managing, and resourcing the review process; ensure the timely completion of reviews in accordance with Government decisions; build on the impact and effectiveness of the review process, with particular emphasis on the role of reviews in directing significant resource allocation decisions; help build an evaluation culture by engaging proactively with the expenditure review process; and focus reviews on programme areas of significant expenditure.

They are designed to enhance the improvements in the arrangements for carrying out expenditure reviews since publication of the Comptroller and Auditor General's value for money report on ERI in January 2002 and to address perceived gaps in the responses to the recommendations set out in the Comptroller and Auditor General's report.

I attach particular importance to the recommendations of the steering committee that expenditure reviews should encompass significant spending programmes, that they should be completed on time, and that their recommendations should be followed up on. The responsibility in regard to implementation of these and the other recommendations rests in the first instance with Departments. I therefore wrote to all Ministers last November on receipt of the steering committee's report urging them to ensure that their Departments and offices take appropriate steps to implement the recommendations. My Department also wrote to all Secretaries General on 1 March requesting them to: make the necessary arrangements to complete as soon as possible all outstanding reviews for which their Department is responsible and to report progress in this regard; indicate the steps which their Department-office has taken to implement the recommendations of the expenditure review report; and propose topics for the next round of expenditure reviews for the period 2005-07 for submission to Government.

Termination of Employment.

Pat Breen

Question:

19 Mr. P. Breen asked the Minister for Finance if he is satisfied with the payments made to terminate the employment of the chief executive of Aer Rianta; and the papers which were presented to him in this respect before he issued his approval. [7125/05]

I refer the Deputy to my previous replies of 14 October 2004, 23 November 2004 and 1 February 2005.

The previous Minister, as shareholder, indicated his consent to arrangements, outlined to him by the chairman of Aer Rianta on 24 September last, concerning the package the board proposed to make to the deputy chief executive who was leaving the company.

I understand that the proposed package included a lump sum of two and a half times salary, a contribution to pension fund, payment of a bonus and retention of company car.

Flood Alleviation Measures.

Paul Kehoe

Question:

20 Mr. Kehoe asked the Minister for Finance the level of disruption likely to occur in areas of Dublin where flooding occurred; the proposed drainage schemes that are implemented; and if he will make a statement on the matter. [7121/05]

The last major flood event to occur in Dublin happened in November 2002 when there was major flooding from the Glasnevin and Drumcondra areas of Dublin city to the Clonee area on the County Meath border as a result of the River Tolka breaking its banks. Analysis has shown that this flood exceeded the scale of any previous flood on record in the catchment.

There was widespread flooding of residential properties from Glasnevin to Ballybough. The river also broke its banks along the N3 road at Blanchardstown which led to the road being closed for a period of time. Residences and roads were also flooded in the Blanchardstown, Mulhuddart and Clonee areas causing widespread damage.

Since this flooding in 2002 the OPW, in co-operation with Dublin City Council, Fingal County Council and Meath County Council, has been implementing flood alleviation measures which were recommended in the River Tolka flooding study which was under way at the time of the 2002 flood. Most of these works have been constructed by OPW direct labour as part of a scheme which, when completed, will provide protection against a flood event with a design return period of 100 years. With some exceptions, the works from Dunboyne in County Meath to the Luke Kelly bridge in Ballybough have mostly been completed. The OPW and the local authorities have pursued a policy of completing works in areas where the higher risk of flooding existed.

Flooding also occurred in Dublin city in February 2002 from the River Dodder which was the result of tidal surge. Major flooding of residences took place in Ringsend and the north inner city as a result. The OPW had no responsibility for the River Dodder but following a request from Dublin City Council, funding of €1.7 million was made available for the construction of a wall in the Ringsend area from London Bridge to Ringsend Bridge in order to alleviate the risk of flooding there.

As a result of flooding in Dublin in February 2002, the Dublin coastal flooding protection project was initiated by Dublin City Council in association with Fingal County Council, the OPW, the Department of Communications, Marine and Natural Resources. The project has been part funded by the OPW and a draft final report is due shortly. The report examines the causes and impacts of flooding in an area from Portmarnock to Booterstown and includes the Tolka, Liffey and Dodder estuaries. The report deals in particular with the risk to Dublin and Fingal from coastal flooding, the need for an early flood warning system, the identification of appropriate strategies and policies to combat and manage the risk of flooding, and the identification of various works which would add to coastal defences already in place.

Initial indications are that the cost of proposed flood defence works in the report is estimated at over €100 million. This report will need to be carefully examined by all the stakeholders before committing to any recommendations contained in the report. The OPW, in particular, will need to consider the cost implications in the context of its annual budget for flood relief activities of €20 million approximately, and the large amount of flood alleviation projects currently being advanced by OPW.

Financial Services Regulation.

Trevor Sargent

Question:

21 Mr. Sargent asked the Minister for Finance the reason mortgage lenders are exempted from regulation under the Consumer Credit Act 1995. [7070/05]

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 Consumer Credit 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 Consumer Credit Act is the principal source of protection to personal borrowers. 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 his or her 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 has 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.

Pension Provisions.

Dan Neville

Question:

22 Mr. Neville asked the Minister for Finance if he has examined the take up of tax relief for pension contributions across different income categories; and if he will make a statement on the matter. [7096/05]

As I stated in my earlier reply it is not possible at present to examine the take up of tax relief for all pension contributions across different income categories. This is because the relevant information is not available to the Revenue Commissioners, because the tax relief for pension contributions for employees is normally given at source, that is, the taxable income is the income net of pension contributions by employees. However, data are available in respect of the tax relief for contributions to retirement annuity contracts, RACs, across different income categories. RACs are used by the self-employed and by employees who are not in pensionable employment. It is intended to examine this data in the context of the review of pensions reliefs which forms part of the review of tax reliefs for high earners.

Provisions were included in Finance Act 2004 requiring employers to give information regarding the total employer and employee pension contributions in the annual P35 return detailing PAYE paid and so on. We will then have a better data set in relation to tax relief for the generality of pension contributions, which will be useful for policy purposes.

Tax Compliance.

Kathleen Lynch

Question:

23 Ms Lynch asked the Minister for Finance the response received by the Revenue Commissioners to the letters sent by ten top banks to approximately 120,000 customers warning them to regularise their tax affairs by the end of March; the number of responses received; the amount collected; the number of such cases that have been finalised; and if he will make a statement on the matter. [7184/05]

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

The Revenue Commissioners have advised that, following the issue of the letters by the financial institutions, written responses were received from approximately 25,000 persons. Of these, approximately 15,000 persons advised that a statement of disclosure would be made, and to date payment has been received from in excess of 11,500 cases. The difference is accounted for by duplicate notices received by Revenue at the time of the initial deadline of 29 March 2004, cases where the taxpayer subsequently indicated that no liability to tax arose, a small number of cases where assets are being disposed of to meet the liability owing or where there is an inability to pay and cases where no further communication has been received from the taxpayer. Where appropriate, inquiries are continuing in such cases.

In relation to the balance of the 10,000 written submissions received, these individuals were notified that on the basis of the submission received, a statement of disclosure was not required. I am also advised that a further 5,000 persons approximately telephoned the Revenue Commissioners and, on the basis on the information provided, most were advised that a written response was not required.

To date the total amount collected by the Revenue Commissioners from their offshore investigation is in excess of €720 million. Details of amounts collected in respect of this, and other special investigations, are regularly updated on Revenue's website www.revenue.ie.

Disabled Drivers.

Gay Mitchell

Question:

24 Mr. G. Mitchell asked the Minister for Finance his plans for reform of the tax concessions for disabled drivers. [7136/05]

Bernard J. Durkan

Question:

49 Mr. Durkan asked the Minister for Finance if he will report on the contents of the report produced by the interdepartmental group which examined the 1994 disabled drivers and disabled passengers tax concession regulations; and if he will make a statement on the matter. [7144/05]

I propose to answer Questions Nos. 24 and 49 together.

The disabled drivers and disabled passengers (tax concessions) scheme is open to people with disabilities who meet the specified criteria and have obtained a primary medical certificate to that effect. The senior area medical officer attached to the local Health Service Executive is responsible for both the medical assessment and the issue of the medical certificate. Where the issue of the required certificate is refused, this can be appealed to the Disabled Drivers Medical Board of Appeal, an independent body, whose decision is final. The medical criteria for the purposes of the tax concessions under this scheme are set out in the Disabled Drivers and Disabled Passengers (Tax Concessions) Regulations 1994. Six different types of disablement are listed under the regulations and a qualifying person must satisfy one or more of them.

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

An interdepartmental review group was convened to review the operation of the scheme. The terms of reference of the group were to examine the operation of the existing scheme, including the difficulties experienced by the various groups and individuals involved with it, both on an administrative and user level, and to consider the feasibility of alternative schemes, with a view to assisting the Minister for Finance in determining the future direction of the scheme.

The group's report was published on my Department's website in July 2004 and copies have been placed in the Oireachtas library. It sets out in detail the genesis and development of the scheme. It examines the current benefits, the qualifying medical criteria, the Exchequer costs, relationship with other schemes and similar schemes in other countries. The report also makes a number of recommendations, both immediate and long-term, encompassing the operation of the appeals process and options for the future development of the scheme.

Following on from the report's recommendations concerning the appeals process, amendments to the regulations governing the scheme were made to improve the operation of the appeals process. These were signed by the Minister for Finance on 23 July 2004.

The amendments provided for changes as follows: expanding the panel of medical practitioners serving on the medical board of appeal from three to five, and; amending the appeals process by (a) introducing a six month waiting period between an appeal and subsequent application, and (b) introducing the requirement for a second or subsequent application to be certified by a registered medical practitioner to the effect that there has been material disimprovement in the medical condition since the previous application.

Given the scale and scope of the scheme, further changes can only be made after very careful consideration. For this reason, the Government has decided that the Minister for Finance will consider the recommendations contained in the report of the interdepartmental review group in the context of the annual budgetary process having regard to the existing and prospective cost of the scheme.

National Pensions Reserve Fund.

Willie Penrose

Question:

25 Mr. Penrose asked the Minister for Finance his views on the National Pensions Reserve Fund review for 2004; if he is satisfied with the rate of return secured by the fund which, at 9.3%, was two percentage points below its benchmark; and if he will make a statement on the matter. [7197/05]

John Gormley

Question:

46 Mr. Gormley asked the Minister for Finance if he will make a statement on the annual review 2004 published by the National Pensions Reserve Fund. [7065/05]

I propose to take Questions Nos. 25 and 46 together.

I was pleased to note that the commission reported a return of 9.3% in 2004 or an appreciation of €951 million in fund value, excluding the 2004 Exchequer contribution of €1,177 million.

As with its investment strategy, the fund's benchmarks are determined by the commission and I have no role in relation to them. I note from the review that the fund's return of 9.3% in 2004 was achieved in the context of the completion of the commission's averaging-in or phased entry programme to the capital markets. The review points out that such a strategy will under-perform its benchmark in a rising equity market due to its holding less equities and more cash than the benchmark. Conversely, it leads to out-performance in a falling market.

It is only fair to judge the success or otherwise of the commission's averaging-in strategy over the full period for which it was in effect. In this regard the review states that the averaging-in programme has seen the fund out-perform its strategic benchmark by a cumulative 8.9% over the period since its inception in 2001.

Revenue Disclosures.

Liz McManus

Question:

26 Ms McManus asked the Minister for Finance the progress made by the Revenue Commissioners into allegations that tax improprieties may surround trust operations in a bank in Jersey (details supplied); if the Revenue has reached a determination regarding whether these trusts facilitated tax evasion as distinct from tax avoidance; and if he will make a statement on the matter. [7185/05]

I am advised by the Revenue Commissioners that substantial progress has been made in relation to this inquiry. Arising from a voluntary disclosure programme 254 individuals came forward and made voluntary disclosures. To date this programme has recovered in excess of €105 million for the Exchequer.

The Revenue Commissioners indicated previously that those individuals who fail to make disclosures under the voluntary phase of projects will be pursued with all means available. They advise me that through their investigations and inquiries they have now identified individuals who did not come forward during the voluntary phase of this particular project and are now actively pursuing them in relation to breaches of the tax code.

It is clear from some of the disclosures and the amount collected to date that in some instances taxpayers used trusts to facilitate tax evasion.

Breeda Moynihan-Cronin

Question:

27 Ms B. Moynihan-Cronin asked the Minister for Finance the number of High Court orders sought to date by the Revenue Commissioners under the Finance Act 1999 to require financial institutions to supply names, addresses and other relevant information regarding holders of bogus accounts at the latest date for which figures are available; the number of cases in which orders have been granted; the general progress made to date in identifying the holders of such accounts who did not avail of the recent voluntary disclosure scheme; and if he will make a statement on the matter. [7188/05]

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

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

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

The Revenue Commissioners have informed me that they are satisfied that very significant progress has been made in this the final phase of the investigation. Since 15 November 2001, payments of €342 million have been made to Revenue by taxpayers who held bogus non-resident accounts.

Revenue Investigations.

Joe Costello

Question:

28 Mr. Costello asked the Minister for Finance the progress made by the Revenue Commissioners in their investigation into the reported use of single premium insurance policies as a tax avoidance mechanism; if the precise nature of the investigation has been decided; the information available to his Department or the Revenue on the extent of this practice; and if he will make a statement on the matter. [7151/05]

I am advised by the Revenue Commissioners that they propose to initiate an investigation into the use by some taxpayers of insurance-based products to hide income or gains not declared for tax purposes. The preliminary work to underpin the investigation is nearing finality and I understand that the formal investigation will be announced shortly by the Revenue Commissioners. I am not in a position to comment further at this stage.

Decentralisation Programme.

Róisín Shortall

Question:

29 Ms Shortall asked the Minister for Finance the position in regard to negotiations with the public service unions regarding his proposals to restrict promotional opportunities to staff willing to move to decentralised locations; and if he will make a statement on the matter. [7192/05]

Liam Twomey

Question:

47 Dr. Twomey asked the Minister for Finance if he envisages making any special provision for promotion and for new recruitment in the context of the decentralisation programme; and if he will make a statement on the matter. [7084/05]

Gerard Murphy

Question:

51 Mr. Murphy asked the Minister for Finance if his Department has sought to introduce a policy that only Civil Servants prepared to decentralise may avail of promotion opportunities; the implications of this policy on the career path of civil servants who wish to remain in Dublin; and if he will make a statement on the matter. [7176/05]

I propose to take Questions Nos. 29, 47 and 51 together.

Promotion and recruitment are key elements of the Government's decentralisation programme. In the implementation phase, they are important in supporting the efficient movement of Departments and offices to their new locations. In a more decentralised service, acceptance of a post, whether as a result of promotion or open recruitment, will have to be conditional on agreement to work in a particular location. The need for new procedures in these areas has been clearly identified as a priority by the decentralisation implementation group.

In accordance with the group's recommendations, the Department of Finance began detailed discussions in 2004 with the staff unions on the procedures which have to be put in place to support the programme and to develop arrangements for a fully decentralised service. It is desirable that these procedures be discussed and agreed between management and staff.

The Government's position is quite clear: new promotion and recruitment arrangements are required in the Civil Service which take account of the decentralisation programme. It will not be possible in many locations to fill all the posts being transferred solely by the lateral transfer of volunteers. If promotion and recruitment policies are not changed, it could delay implementation of the programme and give rise to extra costs. Getting these policies right is important for the programme and important for the long-term management of the Civil Service.

In 2004, arrangements were made to fill some promotion posts from existing interdepartmental competitions on the basis that promotees would agree to decentralise.

In relation to recruitment, a number of specific posts in the Civil Service, which were known to be decentralising as part of the Government's programme, were advertised both internally and publicly on the basis that the successful candidate would agree to decentralise.

Discussions are continuing between the management and the Civil Service unions with a view to agreeing new promotion and recruitment mechanisms to support implementation of the programme.

Proposed Legislation.

Simon Coveney

Question:

30 Mr. Coveney asked the Minister for Finance if he will report on the purpose of the Dormant Financial Assets Bill, which appeared in the Government’s autumn 2004 legislative programme; the types of financial assets being considered for inclusion in the Bill; the reason the Bill no longer appears on the Government’s legislative programme; and if he will make a statement on the matter. [7177/05]

The intended purpose of the Dormant Financial Assets Bill was to extend the Dormant Accounts treatment of assets, other than life assurance and bank accounts, which have been dealt with in recent legislation. However, a secondary legislation approach can be adopted for some items and those requiring primary legislation can now be accommodated in the proposed Financial Services (Consolidation) Bill.

The purpose of the Financial Services (Consolidation) Bill is to consolidate and simplify financial services legislation, in accordance with the Government's Better Regulation agenda. The Bill may also accommodate certain amendments to related primary legislation, for example, legislation to deal with dormant financial assets. It is expected that this Bill will be published in late 2005.

Departmental Appointments.

Pat Rabbitte

Question:

31 Mr. Rabbitte asked the Minister for Finance if it is intended to appoint a new chairperson to the decentralisation advisory committee, following the recent resignation of Mr. Phil Flynn; and if he will make a statement on the matter. [7193/05]

Following on from the recent resignation of the chairman of the decentralisation implementation group, it is my intention to make an appointment to fill the vacancy as chairman of the group as soon as possible.

Tax Code.

Eamon Gilmore

Question:

32 Mr. Gilmore asked the Minister for Finance when the Government expects to honour the commitment given in An Agreed Programme for Government that 80% of all earners would pay tax only at the standard rate, especially in view of the fact that the proportion of taxpayers paying at the higher rate is expected to increase from 32.61% in 2004 to 33.17% in 2005; and if he will make a statement on the matter. [7153/05]

The Government remains committed to the aim of having 80% of all earners paying tax only at the standard rate and I will be looking at how best we can achieve this over my next two budgets. An Agreed Programme for Government specifically indicates that progress in relation to taxation commitments would be "over the next five years". The five years began in 2002 and extend to 2007.

However, I draw the Deputy's attention to the fact that An Agreed Programme for Government also contains an over-arching commitment about the need to pursue responsible fiscal policies and to maintain the public finances in a healthy condition. Accordingly, actions in relation to taxation must have regard to the prevailing budgetary circumstances and the resources available to me at budget time.

In budget 2005 I decided to use the major portion of resources available for a personal tax package to achieving the priority of taking those on the current minimum wage out of the tax net. I also devoted money as a priority to increasing the age exemption limits, which assist the elderly, for the fourth year in a row.

To the extent that further resources were available for tax reductions in the budget 2005 income tax package, they were used essentially to widen the standard rate bands so as to raise the entry level to the higher rate of tax. The increases in the standard rate band will ensure that an extra 52,000 taxpayers will not pay tax at the higher rate in 2005 and that an estimated 33% of income earners will pay tax at the higher rate in 2005 compared with a projected 36% of income earners if no such measure had been included in the budget.

It should be noted that all income earners benefited from the tax changes in the recent Budget. It should also be noted that in 2005 a single PAYE worker on the average industrial wage will pay over €200 less in tax in 2005 than in 1997 on a wage which is over €11,000 greater in value.

Tom Hayes

Question:

33 Mr. Hayes asked the Minister for Finance if his attention has been drawn to the apparent anomaly in the tax relief scheme for hospitals whereby it excludes certain psychiatric hospitals; and if he will make a statement on the matter. [7081/05]

When the scheme of capital allowances for the construction of private hospitals was introduced in 2001, the question of including psychiatric hospitals and geriatric-psychiatric hospitals within the ambit of this scheme did not arise.

In recent months I have received proposals with regard to the provision of capital allowances for psychiatric hospitals. These proposals are being examined in my Department.

Pension Provisions.

Ruairí Quinn

Question:

34 Mr. Quinn asked the Minister for Finance the number of former Dáil Éireann secretaries who are likely to be eligible for a lump-sum pension payout arising from the decision of the Circuit Criminal Court on 3 February 2005 in the case taken by a person (details supplied); the amount likely to be paid out; and if he will make a statement on the matter. [7200/05]

As the Deputy is aware, the court case referred to relates to the retirement lump sum of a person who retired in 1997 under an arrangement reached in 1997 for voluntary early retirement. The court held that a lump sum in this case should be paid. The amount involved was €27,687.

I am informed by the Oireachtas Commission that there are up to 51 people in similar circumstances. These will reach age 60 at various stages over many years and may be entitled to retirement lump sums of differing amounts, relating to their length of service, retirement salaries and pay rates applying at the time each lump sum becomes payable.

House Prices.

Emmet Stagg

Question:

35 Mr. Stagg asked the Minister for Finance the percentage of the cost of a new house taken by the State in terms of taxation or levies; if this can amount to 40% of the purchase price; if has plans to reduce the tax take in view of the serious economic difficulties faced by many couples when trying to buy a home; and if he will make a statement on the matter. [7205/05]

Government policy in the housing market has focused, among other things, on improving supply thereby assisting home ownership particularly for first-time buyers. In this context, the years 2002 and 2003 were the eight and ninth successive years of record housing output with 57,695 and 68,819 completions respectively. This positive trend in supply has continued into 2004, with statistics for the nine months to September showing that overall house completions at 54,170 were up 13.4% on the same period for the preceding year. The rate of house building is now more than double that in 1996.

In addition, a range of tax incentives exist to facilitate first-time buyers in purchasing their own homes. The Deputy will be aware that I introduced a stamp duty relieving measure in the 2005 budget for first-time house purchasers who are owner-occupiers of second-hand houses by increasing the stamp duty exemption threshold for such purchasers from €190,500 to €317,500 and by having reduced rates for house values up to €635,000. The lowering of stamp duty rates for first-time buyers was designed to increase the affordability of residential property for such buyers, thus helping them to get a foothold in the property market. It should be noted that all owner-occupiers are generally exempt from stamp duty on new houses where the property is 125 square metres or less, whereas an investor who purchases a new house for renting is liable for stamp duty where the price exceeds €127,000.

Mortgage interest relief is available at source in respect of interest paid on moneys borrowed for the purchase, maintenance, repair or improvement of that taxpayer's main residence, including second-hand houses. For owner-occupiers, mortgage interest relief at the standard rate is granted in respect of interest paid up to a ceiling on loans used for the purchase or improvement of a person's sole or main residence. Preferential arrangements exist for first-time buyers over other owner occupiers. The existing higher ceilings for first-time buyers on allowable interest were increased in budget 2003 and currently stand at €4,000 for a single person and €8,000 for married couples and widowed persons. The period for which these increased ceilings apply was extended from five years to seven years.

In relation to the tax take from new homes, the State finds it necessary to raise taxes from this area like all other goods and services. The Deputy may wish to note that I dealt with the issue of the tax take from the price of a new house in a reply to a parliamentary question on 23 November 2004. Figures in excess of 40% have been attributed by the house building industry to the amount that the Government raises in tax from each new home. However, this figure is wrong. In fact, based on the same industry figures, the cost of a new home that accrues directly to the Exchequer through taxation is more like 28%, based on both Dublin and national prices. This is broadly in line with the tax take on the overall economy.

Basic Income Scheme.

Eamon Ryan

Question:

36 Mr. Eamon Ryan asked the Minister for Finance if he will provide his Department’s costing for the implementation of a basic income scheme. [7068/05]

My Department did not produce the costing for the implementation of a basic income scheme.

The examination of the issues involved in introducing a basic income scheme was undertaken by the steering group on basic income which was established as part of a commitment in Partnership 2000 for inclusion, employment and competitiveness. The group which was chaired by the Taoiseach's Department was composed of representatives of all four pillars of social partnership, as well as relevant Departments including the Department of Finance. The group commissioned a number of reports and finished its work in March 2001. The group's work contributed to the development of the Government's Green Paper on Basic Income, which was published in September 2002.

Tax Code.

Eamon Ryan

Question:

37 Mr. Eamon Ryan asked the Minister for Finance if his Department has obtained an extension to the one-month deadline set by the European Commission regarding Ireland’s comments on the nature of the stallion tax relief; the date of the new deadline; and if he will make a statement on the matter. [7067/05]

Officials from my Department and the Department of Agriculture and Food met with officials from the Commission Directorate General for Agriculture and Rural Development on 23 February 2005. At this meeting, the Commission agreed to extend the deadline to respond to their letter of 6 January 2005 to the end of March.

Banking Sector Regulation.

Joan Burton

Question:

38 Ms Burton asked the Minister for Finance if he is satisfied that there are adequate procedures in place within the financial and banking sectors; if he has plans to improve or strengthen such procedures; and if he will make a statement on the matter. [7146/05]

The Central Bank and Financial Services Authority of Ireland Act 2003 established the Irish Financial Services Regulatory Authority. The post of consumer director is specifically provided for within the structure of the financial regulator established under that Act. The director exercises important consumer protection powers under legislation.

The Central Bank and Financial Services Authority of Ireland Act 2004, complemented the 2003 Act, further enhanced the financial regulator's powers and strengthened the regulatory environment. This Act conferred new powers on the financial regulator to impose stiff administrative penalties, to be applied where there is a breach of: any financial services legislation; codes of conduct issued by the regulator; or any condition, requirement or direction imposed under legislation or codes.

The Act provided for an enhanced structure for dealing with consumers who have complaints about financial institutions and also provides consumer and industry consultative panels for the financial regulator. The consumer panel will have an important role in ensuring that the regulator is correctly reflecting the interests of consumers in its protective — issue of codes of conduct — and educational — information pamphlets etc. — roles. The Act also established a single statutory Financial Services Ombudsman for all financial services firms. The ombudsman's office is due to begin operations on 1 April 2005. The Financial Ombudsman will have power to order redress in appropriate circumstances.

The Consumer Credit Act 1995, which commenced in May 1996, regulates the provision of consumer credit. It prescribes inter alia the form and content of credit agreements for consumer lending, including in the case of loans secured on the family home a requirement to warn the borrower about the risk of losing their home. The Act also provides for the regulation of fees and charges imposed by credit institutions.

In addition to the specific regulatory requirements under the Central Bank and Consumer Credit legislation, credit institutions are also subject to specific requirements to know their customers, keep records and report suspicions of money laundering under criminal justice legislation. Their professional advisers, such as accountants and solicitors, are also subject to these reporting requirements. All companies are subject to the enhanced company law regime that has been put in place in recent years, including the oversight role of the Director of Corporate Enforcement.

I am satisfied that the provisions now available in law provide not just for the effective regulation of the way that credit institutions conduct their business but also for effective supervision and enforcement of the law where necessary. I am open to making suitable amendments to the law, if the need arises. In this regard I have asked the financial regulator to advise me as soon as possible if anything emerges from recent developments in relation to asset based lending that in their view would require a legislative change. The forthcoming Bill to consolidate and modernise our financial services legislation could offer a suitable vehicle for such amendments.

Tax Collection.

Damien English

Question:

39 Mr. English asked the Minister for Finance if he is satisfied with the provisions for dealing with overpayment of taxation; and if he will make a statement on the matter. [7106/05]

Denis Naughten

Question:

42 Mr. Naughten asked the Minister for Finance if the Revenue Commissioners will undertake a major proactive public information campaign, including radio and television advertising, to advise taxpayers of overpaid taxes or unclaimed tax relief; if the Revenue Commissioners will liaise with other State bodies which hold information which might facilitate the identification of taxpayers who have unclaimed reliefs; and if he will make a statement on the matter. [7174/05]

Ciarán Cuffe

Question:

72 Mr. Cuffe asked the Minister for Finance if he plans to introduce reforms to encourage people to claim back overpaid PAYE tax. [7062/05]

I propose to take Questions Nos. 39, 42 and 72 together.

I am informed by the Revenue Commissioners that a wide range of initiatives have already been taken to inform PAYE taxpayers of their entitlements to tax credits-reliefs and so avoid overpayments of tax.

Revenue inform me that the vast majority of PAYE workers receive their full entitlements every year. At the beginning of each year a tax credit certificate is issued to every PAYE taxpayer and this reflects the most up-to-date information that Revenue has regarding an individual's entitlements. Revenue completed the issue of 2.24 million such certificates for 2005 in mid-February. Each certificate was accompanied by a simple but comprehensive leaflet giving full details of the credits-reliefs to which a taxpayer may be entitled including: main personal tax credits available for the year in question with comparative figures for the preceding year; tax rates and tax bands for the year in question; exemption limits for single, widowed and married persons; and how to claim an adjustment to the tax credit certificate.

Revenue uses media advertising on a regular and systematic basis to acquaint taxpayers about their entitlements and to encourage them to claim these. In relation to the PAYE community in particular there is extensive advertising of the budget provisions each year including a Revenue free-phone service which operates for two days immediately following the budget. Again when the tax credit certificates are being issued during January and February each year a newspaper and radio campaign is run to alert people to this.

In February 2005, Revenue launched a new self-service option for PAYE taxpayers. This service allows PAYE employees to claim, using the Internet, text messaging or the lo-call 1890 telephone number, age credits for those over 65, service charges and trade union subscriptions. It also allows them to request a Form 12 — return of income, Med 1 — medical expenses claim, P50 — unemployment claim and Rent 1 — rent relief. These facilities were widely advertised in the media and were included in the information leaflet issued with the tax credit certificates for 2005.

Revenue also publishes a wide range of claim forms, leaflets and guides on all PAYE credits and reliefs including: IT1 — tax credits, reliefs and rates for 2004 and 2005; IT2 — taxation of married persons; IT3 — what to do about tax when you separate; IT6 — health-medical expenses relief; MED 1 — health expenses claim form; IT8 — tax exemption and marginal relief; IT9 — one parent family tax credit; IT11 — employee's guide to PAYE; IT18 — incapacitated child allowance; IT27 — tax relief for service charges; IT31 — tax relief for tuition fees; IT35 — blind persons allowances and reliefs; IT45 — tax credits and reliefs for over 65's; IT46 — dependent relative tax credit; and IT47 — employed person taking care of incapacitated individual.

All of these forms and information leaflets can be downloaded and printed from the Revenue website or ordered on-line. There is also a 24-hour telephone number available, 1890 30 67 06, for requesting forms or leaflets.

Revenue is currently undertaking a very comprehensive review of the PAYE system and in the latter part of this year will begin the roll-out of a redesigned system which will allow taxpayers to: access their Revenue records over the Internet to ascertain allowances-credits given and details of pay and tax; amend their tax credit details over the Internet, that is claim an allowance-credit not on record or to change the amount involved for an existing relief; and request an on-line review of their liability or a balancing statement, based on the details available on the Revenue record, including where amended in relation to entitlements. This will give taxpayers a greater control over their tax affairs and let them check whether they have claimed their full entitlements.

Revenue also engages from time to time in targeted media campaigns on particular issues. Two recent examples of such campaigns relate to the four-year time limit for claiming repayments, which encouraged taxpayers to ensure they made claims within the required time frame, and informing taxpayers about the reliefs available to those supporting relatives in nursing homes.

Revenue already liaises with other State bodies and private institutions to facilitate the granting of credits-reliefs to PAYE taxpayers. For example, liaison in relation to the tax relief at source system which was introduced a number of years ago and which ensures that all those entitled to mortgage and medical insurance reliefs get these reliefs at source and do not have to make a claim to Revenue, and service charges, where payment information is received from certain local authorities, which is used in such cases to give a credit to the individual PAYE taxpayer concerned, there is an ongoing exchange of information between Revenue and the Department of Social and Family Affairs in regard to certain taxable payments made by that Department to PAYE employees. This interaction will be enhanced considerably through the more timely exchange of information when the redesigned PAYE system already referred to is rolled out in the latter part of this year.

I am accordingly satisfied that Revenue is already very proactive in the manner in which they ensure that PAYE taxpayers are made aware of their entitlements and facilitated in claiming these. Revenue will keep the issue under constant review and take whatever steps are necessary in relation to public information campaigns so as to continue to inform taxpayers of their entitlements and to simplify as far as possible the arrangements for making these claims. I emphasise, however, that the primary responsibility for ensuring that Revenue has the most up to date information on a taxpayer's affairs lies with the taxpayer.

House Prices.

Michael Ring

Question:

40 Mr. Ring asked the Minister for Finance if he is satisfied that the price of homes bought by first-time buyers in Dublin will benefit from the recent stamp duty concession; and if he will make a statement on the matter. [7099/05]

As the Deputy will be aware, the 2005 budget introduced a stamp duty relieving measure for first-time house purchasers who are owner-occupiers of second-hand houses by increasing the stamp duty exemption threshold for such purchasers from €190,500 to €317,500 and by having reduced rates for house values up to €635,000.

This relieving measure will further assist affordability for first-time buyers and will help some first-time buyers to afford a starter home who might not otherwise be able to do so. It will also help to open the second-hand market more to first-time buyers who had been increasingly deterred by the impact of stamp duty. The current high levels of housing output, coupled with the fact that the reductions have been confined to the first-time buyer segment of the market, should lessen the risk of the measure causing an increase in house prices. The reductions in stamp duty for second hand houses should remove distortion between the new and second-hand markets for first-time buyers by reducing the degree of concentration of first-time buyer demand on the new house market.

Special Savings Incentive Scheme.

Michael Noonan

Question:

41 Mr. Noonan asked the Minister for Finance if he plans to undertake a study of the impact of the maturity of SSIAs on the economy; and if he will make a statement on the matter. [7095/05]

The matter is subject to ongoing study within my Department.

The impact of maturing SSIA funds on consumer demand in 2006 and 2007 is difficult to estimate and will depend on how the accumulated savings are spent or saved, how that portion of an individual's income that was previously saved in SSIAs is used, and the extent to which savings are rolled over into other investment products. The economic effect will also depend on the state of the economy in 2007 when the bulk of SSIA funds — around 55% — mature. To date a number of reports have been prepared regarding the impact of the SSIAs by, among others, Goodbody Stockbrokers, Lansdowne Market Research, the Irish Mortgage Corporation and the Bank of Ireland. However, there is no consensus in these reports as to how these funds may be used. It is inevitable that there will be a lot of uncertainty about the likely outcomes. As a scheme such as the SSIA has not existed previously, it is not possible to draw on experience as a basis for anticipating the impact the maturing accounts will have on the economy.

Question No. 42 answered with QuestionNo. 39.

Tax Code.

Joan Burton

Question:

43 Ms Burton asked the Minister for Finance if his Department has concluded its consideration of the letter from the Commission Directorate General for Agriculture and Rural Development advising that it had come to a preliminary opinion that the stallion tax exemption scheme would seem to constitute an aid that was not compatible with the Common Market; if a reply has been submitted; if an extension of the one month deadline for reply has been agreed by the Commission; the details of the amount he has submitted to the Commission of the estimate for 2003 of the stallion income exempted by the scheme; and if he will make a statement on the matter. [7147/05]

The Irish authorities have yet to conclude their consideration of the letter of 6 January 2005 from the Commission Directorate General for Agriculture and Rural Development and a reply to the Commission's letter has not yet issued. Officials from my Department and the Department of Agriculture and Food met with Commission officials on 23 February 2005. At this meeting, the Commission agreed to extend the deadline to respond to the end of March.

In relation to the cost of the exemption, in the Commission's letter of 20 April 2004, the Commission sought, inter alia, information on the amounts concerned. If no detailed official statistics can be provided, then the Irish authorities are requested to give best estimates on statistics on the number of holdings concerned, the number of stallion nominations performed, the relevant tax brackets, and the regular price paid for such nominations.

In response, the Commission was informed by the Irish authorities that, as the measure represented exempt income, there has been no requirement in the past on those claiming the exemption to supply any information to the Revenue Commissioners of details of the amount of income involved. Therefore, the information requested on the cost was not available.

The Commission was also informed that this position changed with the introduction through section 33 of the 2003 Finance Act of an amendment to section 231 of the Taxes Consolidation Act 1997 which provided that the profits, gains or losses arising in this regard must be included in the annual return of income for the taxpayer even though the income or gains are exempt from tax. This requirement applies in respect of chargeable periods commencing on or after 1 January 2004. The Commission was also informed that this information, which will not be available in full until early 2006, will enable more reliable information to be determined as to the cost or otherwise to the Irish Exchequer of the exemption. Other statistical estimates as requested by the Commission in relation to numbers of stallions, numbers of stallion farms, nominations and fee ranges were obtained from industry sources and were provided to the Commission in addition to the tax rates applicable. However, this could not give the cost of the exemption as this can only be obtained on the basis of the individual returns for each taxpayer claiming the exemption.

Subsequently, a copy of the report by Indecon International Economic Consultants, Assessment of the Economic Contribution of the Thoroughbred Breeding and Horse Racing Industry in Ireland, was sent to the Commission at end September 2004. As has been widely reported, that report contained an estimate that the Exchequer cost of the exemption was in the region of €3 million which was based on the consultants' own research and analysis. It was not an estimate prepared by the Irish authorities.

Dan Boyle

Question:

44 Mr. Boyle asked the Minister for Finance the reason he opposed the initiative by his EU colleagues, including France, Germany, the Presidency and the Commission to introduce an aviation fuel tax to fund poverty relief in Sub-Saharan Africa. [7059/05]

At the most recent meeting of EU Finance Ministers on 17 February, there was a lunchtime discussion about exploring the possibility of introducing a tax on aviation fuel or a levy on airline tickets for the purposes of raising revenue for development aid. Opinions differed on the wisdom of such an approach.

Following this discussion, the European Commission was asked to examine the pros and cons of possible approaches for the financing of development aid, including the suggestions referred to above. At that stage we will be in a position to better assess the impact of any such proposal from an Irish perspective.

I have not opposed any proposal as no detailed proposal has yet been made.

Banking Sector Regulation.

Enda Kenny

Question:

45 Mr. Kenny asked the Minister for Finance his views on the Report on Competition in Banking recently published by the Competition Authority. [7102/05]

In responding to the Deputy, I should, perhaps, first clarify the context in which the recent report was published and the views of interested parties sought thereon.

The report published by the Competition Authority last December was one which had been prepared for it by a firm of consultants. While endorsing the analysis in the report, the authority has not yet taken a position on the findings in the report. It is only after it has considered the responses to the current consultation exercise that the authority will issue its own report and recommendations, probably around mid-2005. Given these circumstances, the response which I sent to the authority was a preliminary one. This will be reviewed in the light of the finalisation of the authority's own position in relation to the issues raised in the report.

The report which was published contained 40 recommendations, but only a small number of these were actually addressed to my Department. A particular focus of interest for my Department related to stamp duty on "plastic" cards. The recommendations on this topic dealt with the issue of the double stamp duty burden on persons in a year in which they switched card providers, or up-graded or down-graded the status of the card provided by their existing supplier.

I had already indicated in my budget speech last December that I would take steps to eliminate this double charge and section 120 of the Finance Bill 2005 provides accordingly. It amends Part 9 of the Stamp Duties Consolidation Act 1999 to provide for an exemption from a second or subsequent charge to stamp duty for financial cards such as credit cards, charge cards, ATM cards, Laser cards and combined cards arising from the switching of accounts within a financial institution, or from one financial institution to another, in the same year of charge. The change in relation to credit cards and charge cards will take effect from 2 April 2005, while the change in relation to ATM cards, Laser cards and combined cards will take effect from 1 January 2006.

A second area of particular interest to my Department in the report concerned the recommendation that the regulation of non-interest bank charges be phased out. As pointed out in the response which I forwarded to the authority, the regulation of non-interest charges and fees is aimed at consumer protection. It facilitates IFSRA both to verify that notified charges are in fact being applied to customer transactions and to require restitution in the event of overcharging. A reconsideration of the present arrangements would be warranted only in the context of a compelling case being made that these provisions significantly deter new entrants to the markets for these banking products, or that the effectiveness of competition in the sector is considerably increased.

There were some other issues in the report for my Department, to which I have also responded. I am arranging to have the full text of the response placed on my Department's website.

As to my own views in the matter, I welcomed the report when it was published. The approach of putting the consultants' views forward for discussion is an interesting one. As I said, when the authority takes its own position on the various issues I will consider the matter further.

Question No. 46 answered with QuestionNo. 25.
Question No. 47 answered with QuestionNo. 29.

Tax Code.

Eamon Gilmore

Question:

48 Mr. Gilmore asked the Minister for Finance the progress made to date with regard to his review of tax reliefs and exemptions for high earners; if consultants have now been appointed to assist in this process; when he expects the process to be completed; and if he will make a statement on the matter. [7152/05]

I announced in my Budget Statement that my Department and the Office of the Revenue Commissioners will undertake a detailed review of certain tax incentive schemes and tax exemptions in 2005. This review will evaluate their impact and operation including their economic and social benefits for the different locations and sectors involved and to the wider community. In addition the review will examine the degree to which these schemes allow high-income individuals to reduce their tax liabilities.

I subsequently announced in a press release on 6 January 2005 that my Department had advertised for external consultants to review certain tax incentive schemes. Tenders were invited from suitably qualified consultants to undertake two separate studies in economic, fiscal and social terms, as necessary, of the impact, operation, effectiveness and cost of 15 separate tax incentive schemes. The request for tenders was placed in the Official Journal of the European Union on 24 December 2004. Seven tenders have recently been received in my Department and decisions on the award of the contracts will be taken by the end of this month. It is envisaged that the consultancy review of these various reliefs will be completed by end July 2005.

The review of tax reliefs also includes a special public consultation process seeking submissions on measures that could be introduced to balance the benefit of such reliefs with the extent to which these are used by high-earners to reduce their tax bill. The public consultation was advertised on 8 January 2005 and submissions should be made to my Department before 31 March 2005.

The review will also involve the examination by my Department and the Revenue Commissioners of certain other tax exemptions, for example, for stallions, woodlands, artists and patent income. I would welcome the views of public representatives, either individually or via the forum of the relevant Oireachtas committees and of the social partners in due course in relation to all these matters.

The aim is to have all these examinations completed by the autumn so that the various issues can be examined in the context of the 2006 budget next December.

Question No. 49 answered with QuestionNo. 24.

Ciarán Cuffe

Question:

50 Mr. Cuffe asked the Minister for Finance if he has considered and costed charity tax reform as proposed by the ICTRG. [7061/05]

In the context of this year's Finance Bill, the Irish Charities Tax Reform Group, ICTRG, has proposed a reduction in the minimum threshold for donations qualifying for tax relief from €250 to €100 and an extension of the current donations scheme to cover gifts of non-cash assets. In addition, the group has proposed the introduction of a VAT refund scheme for charities.

I have considered the issues raised but am not prepared to reduce the minimum amount at this time. The relief is already very generous, being at the taxpayer's marginal rate of tax. This could be as high as 42% for an individual donor. In such cases, the value of the donation is increased by 72% as a result of the tax relief. A reduction in the minimum qualifying donation would have the effect of increasing the numbers of donations qualifying for relief and could therefore be very costly to the Exchequer.

Regarding the donation of non-cash items, the position is that where an asset is donated to an eligible charity, the donation for capital gains tax, CGT, purposes is deemed to be such that neither a gain nor loss accrues to the donor on the disposal. Therefore, no tax charge arises in respect of such a donation and any gain on a subsequent disposal of the asset by the charity is not a chargeable gain provided it is applied for charitable purposes only. Income tax relief on the value of an asset donated as proposed by the ICTRG, together with the current CGT exemption, would amount to a double relief. Such a concession could result in tax relief being granted which was well beyond the top rate of income tax.

In addition, the means whereby the relief is currently given in the case of a PAYE donor presupposes that the individual is making the donation from income on which he or she has paid income tax to the value of the relief being claimed. While there is some prospect that this is so when the donation is in the form of money, such a link may be broken where non-cash items are involved.

I very much appreciate the valuable work done by charities for the benefit of the community at large. I also understand the desire of the ICTRG to have the minimum qualifying threshold reduced still further and for the relief to be extended to non-cash items. However, the Exchequer is responding very generously in the present climate to the voluntary sector. In the circumstances, therefore, I do not consider the changes proposed are merited at this time. It is not possible to provide an estimate of the cost of the ICTRG proposals on the donations scheme but they would have significant implications for the Exchequer.

With regard to the ICTRG's proposal for the introduction of a VAT refund scheme for charities, charities and non-profit groups are governed by EU VAT law with which Irish VAT law must comply. Charities are exempt from charging VAT on the services they provide and cannot recover VAT incurred on goods and services they purchase. Essentially, only VAT-registered businesses which charge VAT are able to recover VAT. Accordingly, I have no plans to make any changes to the VAT treatment of charities.

Question No. 51 answered with QuestionNo. 29.

National Minimum Wage.

Michael D. Higgins

Question:

52 Mr. M. Higgins asked the Minister for Finance the number of persons on the national minimum wage who are expected to be brought back into the tax net if the increase to €7.65 per week, as recommended by the Labour Court, is implemented; and if he will make a statement on the matter. [7154/05]

I remind the Deputy it was this Government that introduced the minimum wage to protect low paid workers and which, over the last eight budgets, removed a record number of some 459,500 workers from the tax net.

The wage is €15,515 on an annualised basis, based on a 39-hour week. The income tax threshold is €14,250 per annum. The Revenue Commissioners estimate there will be approximately 37,300 income earners in this annual income range in 2005 who will pay some small amount of tax if the new minimum wage is implemented. Some of these are likely to be workers on the minimum wage working full time, while others are likely to be workers on higher wage rates working shorter hours. This estimate is provisional and likely be revised. A married couple who has elected or has been deemed to have elected for joint assessment is counted as one tax unit.

Tax Code.

Joe Costello

Question:

53 Mr. Costello asked the Minister for Finance his views on the recent suggestions that high-income earners who are paid more than €200,000 per year should pay a minimum 20% tax; if he intends to take steps to ensure a minimum tax contribution from high earners; and if he will make a statement on the matter. [7150/05]

The Deputy is aware of my announcement in budget 2005 that my Department, in conjunction with the Revenue Commissioners, will undertake a detailed review of certain tax incentive schemes and tax exemptions this year. There are a number of elements to the review which is already under way. It will evaluate the impact and operation of certain incentive schemes and exemptions including their economic and social benefits for the different locations and sectors involved and to the wider community. It will include external consultancy work on the evaluation of property-based tax incentive schemes and examine the degree to which these schemes allow high-income individuals to reduce their tax liabilities.

As well as examining relevant international approaches, the review will also include a consultation process seeking submissions on measures that could be introduced to balance the benefit of such reliefs and the extent to which such incentives and exemptions are used by high earners to reduce their tax bill. One such measure to be examined will be the concept of a minimum income tax.

Until this review of tax incentives and exemptions is complete and I have considered the matter, I do not propose to make any comment on the steps I may take in this area.

Non-Resident Accounts.

Brian O'Shea

Question:

54 Mr. O’Shea asked the Minister for Finance the number of persons, companies and trusts being investigated by the Revenue Commissioners arising from the Ansbacher accounts at the latest date for which figures are available; the number of cases in which settlements have been agreed; the amount paid; the number of cases still outstanding; if additional action has been taken by the Revenue Commissioners arising from the report of the Ansbacher inspectors; and if he will make a statement on the matter. [7189/05]

I am advised by the Revenue Commissioners that their Ansbacher review team has inquired into 289 cases to date, 109 of which have been finalised. The 289 cases, taking account of spouses and connected companies, consist of 300 names. They are made up of 179 cases listed on the High Court inspectors' report and 110 similar cases discovered by Revenue or listed on the authorised officer's report.

A total of 211 cases have been under active investigation. The remaining cases consist of 62 non-resident persons, including 17 former Irish residents, 12 individuals who claimed the 1993 amnesty provisions and four cases with insufficient identity information. The investigation includes examining the tax position of disclosed entities and accumulating and assembling information on other connected entities. The number of connected entities in regard to cases under investigation is now almost 700. Revenue is making extensive use of its legislative powers to seek books, records, documents and information in the cases being investigated. Where appropriate, prosecutions will be considered but these will depend on the level of evidence available. Revenue has made six successful applications to the High Court for the production by financial institutions and third parties of books, records and other documentation, which are relevant to liabilities of Ansbacher account holders. Some 200,000 documents have been received under the terms of the High Court orders. Advanced investigative computer software is used in controlling and managing the documentation.

To date a total of €45.53 million has been received, consisting of settlements and payments on account, in respect of 95 cases. This is detailed in the following table.

Cases

€ million

Cases involving Ansbacher or Ansbacher type arrangements

77 cases

36.22

Other cases involving offshore funds or deposits

18 cases

9.31

Total

95 cases

45.53

The 109 cases which have been finalised consist of 66 cases which were settled on payments of €35.62 million, included in the amount above, 26 non-resident cases which are covered by the provisions of double taxation agreements and 17 which had no additional liability, of which two were covered by the 1993 amnesty provisions.

Revenue made an application under section 11 of the Companies Act 1990 for a copy of the High Court inspectors' report. This was made available to Revenue on 6 July 2002. The information in this report has been carefully considered as regards the tax liabilities of the persons concerned. In addition, Revenue made a further application to the High Court for access to the supporting papers to the High Court inspectors' report. Judgment was delivered by the president of the High Court in May 2004 to allow access to documents relating to clients of Ansbacher named in the report and those persons and companies found by the High Court inspectors to have failed to co-operate with their inquiry.

The judgment also allows for Revenue to make application and grounding affidavit for the obtaining of information and documents relating to any other individual or company. Access to documents is subject to the direction of the High Court. The High Court orders in the matter were granted in June 2004 and perfected in January 2005. Revenue has applied on foot of the orders for access to documentation in respect of certain cases named in the High Court inspectors' report. The documentation is awaited.

Revenue has informed me the investigations are time-consuming and complex and are likely to continue for some time to come.

Banking Sector Regulation.

John Perry

Question:

55 Mr. Perry asked the Minister for Finance if he is satisfied that penalties for non-compliance in the banking sector are adequate in view of the recent investigations of non-compliance at banks (details supplied). [7087/05]

The level of penalties to be applied in the case of certain tax evasion by the banking sector was addressed in the Finance Act 2002, following recommendations made by the Committee of Public Accounts. As a result, heavier tax-geared penalties can now be applied in circumstances where fixed penalties were previously applied. As the Deputy is aware, the Revenue Commissioners were given additional powers by my predecessor in the Finance Act 1999 to enable them to carry out on-site audits in financial institutions thereby increasing the prospect of detection and reducing the prospect of non-compliance.

I am satisfied the powers available to the Revenue Commissioners and the sanctions that may be applied in cases involving non-compliance are broadly adequate. The Law Reform Commission's recent report on a fiscal prosecutor and a revenue court and last year's report of the Revenue Powers Group both provide reassurance in this regard.

Special Savings Incentive Scheme.

Jan O'Sullivan

Question:

56 Ms O’Sullivan asked the Minister for Finance if the Government has plans to encourage the productive use of money that will be released into the economy when the SSIAs mature; if there are plans for any further scheme to encourage saving; and if he will make a statement on the matter. [7195/05]

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

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

The scheme has a specific duration. Any proposals for new savings schemes to replace the SSIA scheme would be considered as part of the normal annual budgetary process taking account of public policy objectives and Exchequer cost implications. The use to which the moneys arising on maturity of the SSIAs are put is ultimately a matter for the individual account holder.

Public Private Partnerships.

John Deasy

Question:

57 Mr. Deasy asked the Minister for Finance the changes he plans to make in the PPP process to achieve the new targets for expenditure. [7118/05]

I refer the Deputy to my answer to a parliamentary question put by Deputy Murphy on Tuesday, 1 February 2005, reference number 2536/05, wherein I provided the following information.

Public private partnerships, PPPs, are part of the overall strategy to deliver on investment priorities. The Government is committed to developing the PPP process as a viable procurement option for appropriate projects. There has been good progress on PPPs overall since the first group of pilot projects were announced in 1999. Reasonable deal flow has been established in the roads and environment areas but progress in regard to projects remunerated by unitary payments from the Exchequer has been slower. We are still learning and continue to keep our processes and procedures under review.

The multi-annual capital envelopes introduced in budget 2004 set ambitious targets for investment funded by PPPs and the National Development Finance Agency, NDFA. After the first year of operation, it was clear that not all the first set of targets for PPPs to be remunerated by unitary payments would be met in the short term. There are a number of reasons for this, including the complexity of the process and a lead time of 18 months to two years in bringing PPP projects to construction.

Adjustments to the targets were made in budget 2005 to take account of the shortfall in 2005 and to accommodate the situation in the short to medium term. The total PPP-NDFA allocation for 2005 to 2009, remunerated by unitary payments from Departments' Votes, is €3.675 billion. In addition, a target of €1.195 billion for PPPs remunerated by user charges has been set.

PPPs should not replace traditional methods where these are considered more suited to the individual project or projects under consideration. However, the PPP procurement option has an important role to play when applied to appropriate projects where there is the right scale, risk and operational profile to harness the benefits of this new approach. PPPs are acknowledged to be complex, involving a long-term financial commitment for both the private and public sector partners for a period of anything up to 30 years.

The challenge for the future is to ensure the appropriate skills and capacity are in place, together with balanced and proportionate procedures for appraisal, assessment and evaluation of proposals, which will facilitate the selection of PPP projects offering quality public services, value for money and timely delivery. My Department is actively considering what changes, if any, are appropriate.

Financial Services Regulation.

Gay Mitchell

Question:

58 Mr. G. Mitchell asked the Minister for Finance if his Department or any agency under its aegis is carrying out an investigation into companies (details supplied); and if he will make a statement on the matter. [7181/05]

My Department is not carrying out an investigation into any of the companies named. Since this is an operational matter, it is for the Revenue Commissioners to decide what action should be taken in cases that come to their attention. For operational reasons it would not be appropriate to comment further.

The role of the Minister for Finance in regard to financial regulation is to bring forward legislative proposals whereby the duly empowered financial regulator, IFSRA, can supervise and regulate the financial sector in accordance with those powers. IFSRA is independent in the exercise of its powers.

I am, however, open to making suitable amendments to the law if the need arises. In this regard, I have asked the financial regulator to advise me as soon as possible if anything emerges from recent developments in regard to asset-based lending that would require legislative change. The forthcoming Bill to consolidate and modernise our financial services legislation will offer a suitable vehicle for such amendments.

Decentralisation Programme.

Bernard Allen

Question:

59 Mr. Allen asked the Minister for Finance if he has satisfied himself with regard to the numbers of persons from within State agencies who have indicated a willingness to decentralise with their agencies; and his views on the assessments from some of the agencies of the risk of damage to delivery of services. [7131/05]

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

The decentralisation implementation group asked that all organisations participating in the programme should prepare detailed implementation plans including risk mitigation strategies. These plans were prepared and submitted to the group and most included risk mitigation strategies. In its July 2004 report, the group noted that the overall quality of the plans was good. It has recommended, in paragraph 9.3, that in preparing the next version of their implementation plans, each organisation should ensure a risk mitigation strategy is included. I am satisfied this represents a realistic approach to risk identification and mitigation.

Tax Collection.

Kathleen Lynch

Question:

60 Ms Lynch asked the Minister for Finance the number of breaches detected of the Waiver of Certain Tax, Interest and Penalties Act 1993 in respect of each year since 1994; the number of prosecutions initiated and convictions secured arising from such detections; if he has satisfied himself the law is being applied in the manner intended by the Oireachtas; if his attention has been drawn to comments made by the chairman of the Revenue Commissioners at the meeting of the Committee of Public Accounts on 2 December 2004 in which he referred to the difficulties faced in initiating prosecution for breaches of the Act; and if he will make a statement on the matter. [7158/05]

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

Individuals and companies have been successfully prosecuted in recent years as a result of Revenue investigations and, although these investigations have in some instances involved consideration of possible amnesty breaches, it has not generally been possible to obtain the evidence necessary to meet the required standards of "beyond reasonable doubt" from an amnesty perspective. However, one individual has been successfully prosecuted to date for failure to comply with the obligatory provisions of the Waiver of Certain Tax, Interest and Penalties Act 1993 following a Revenue investigation and is awaiting sentence. There was a well-publicised conviction in the Circuit Criminal Court recently for tax offences related to the amnesty and in January last a six-month jail sentence was handed down.

Revenue's criminal investigation programmes have been refocused recently with the establishment of an investigations and prosecutions division, one of the functions of which is to increase the number of prosecutions for serious tax evasion. Many of the cases under investigation relate to tax offences committed in recent years and do not therefore involve consideration of amnesty issues. However, a number of cases have been identified which could involve offences in regard to the amnesty and they will be investigated with a view to taking a criminal prosecution.

I am aware of the comments made by the chairman of the Revenue Commissioners at the Committee of Public Accounts in December 2004, in response to questions regarding the 2003 Report of the Comptroller and Auditor General on the issue of the tax amnesty. He referred to the serious difficulties the Revenue Commissioners had in obtaining admissible evidence due to the confidentiality safeguards enshrined in the amnesty legislation. He went on to say there were two cases coming before the courts in the near future and that much would depend on the outcome of these as to whether the other cases being investigated would go for prosecution. One of these is the successful Revenue conviction mentioned earlier.

In view of this, I am satisfied the Revenue Commissioners are making every effort to ensure the law is applied in the manner intended by the legislation as passed by the Houses of the Oireachtas. Deputies are aware the Finance Bill 2005 contains important additions to the powers of the Revenue Commissioners to seek prosecutions, which will be of assistance in deterring and allowing the prosecution of future tax offences.

Liz McManus

Question:

61 Ms McManus asked the Minister for Finance the progress made by his Department and the Revenue Commissioners in their consideration of the recommendations of the Revenue Powers Group; and if he will make a statement on the matter. [7186/05]

The Revenue Powers Group was established in March 2003 to review Revenue's main powers and recommend changes. The group reported in late 2003 and its report was published in February 2004. At the time of publication of the report, the then Minister for Finance indicated his intention to allow a period for public debate and reflection on many of the wide-ranging issues raised by the recommendations.

I have now considered the various recommendations and, in this year's Finance Bill, initiated the first measures in a process of reforms in the area of Revenue powers. The measures contained in the Bill represent a balanced package which includes some of the recommendations of the Revenue Powers Group. I intend to return to some of the remaining recommendations, which require further consultation and careful consideration, for future implementation. In this context, the recent report of the Law Reform Commission on a fiscal prosecutor and a revenue court is also relevant.

One of the measures proposed in the Finance Bill 2005 as a result of the Revenue Powers Group report is the increase in the publication limit for settlements with tax defaulters from €12,700 to €30,000. The limit of €12,700 has not been changed since it was first enacted in 1983 and if indexed according to the CPI would be of the order of €26,000. The RPG recommended a limit of €50,000 while the Law Reform Commission recommended a limit of €25,000. The amendment provides that the limit be automatically revised every five years in line with the CPI to a rounded figure of the next €1,000.

The interest rate on underpaid tax will be reduced to a daily simple interest rate equivalent to 10% per annum for non-fiduciary taxes while retaining the 11.75% rate for fiduciary taxes, which are collected and remitted on behalf of others, for example, VAT and PAYE. The Bill also provides for the repeal of the 2% per month interest charge for ‘fraud and neglect' and the 200% tax-geared penalty for fraud from a current date. However, both will remain on the Statute Book for historical "legacy" cases.

Other recommendations of the group will also be administratively implemented or have already been implemented by the Revenue Commissioners. The Revenue Powers Group had concerns regarding the modalities of exchange of information between Revenue and other agencies, especially the Office of the Director of Corporate Enforcement. Revenue and the ODCE have recently concluded negotiations and signed a memorandum of understanding which will govern this information exchange and largely meets the group's concerns.

The targeting of audits will be continually improved through greater focus on risk. Regional "powers officers" have been appointed within Revenue to manage the use of powers in the new regions. Compliance costs will be reduced wherever possible and the cost of compliance will continue to be weighed up when considering the introduction of new powers. Revenue will aim to examine records at the taxpayer's premises where the removal of records would prevent the business carrying on in an orderly manner. In addition, Revenue will give more prominence to the external reviewers and in future will have them appointed using the Civil Service and Local Appointments Commission.

I have also addressed a number of other issues within the general area of Revenue powers which did not arise from the recommendations of the Revenue Powers Group.

Budgetary Process Reform.

Trevor Sargent

Question:

62 Mr. Sargent asked the Minister for Finance the reforms of the budgetary process to which he alluded in his Budget 2005 speech. [7069/05]

I am continuing to examine a number of options for change which could be implemented in the short and medium term. Any changes to the process would need to meet best practice, improve both the quality of debate and the data available to the House on the budget, meet our obligations to the EU and be capable of being delivered within the existing budget timetable. Before I bring proposals to the House, I will discuss the possibilities for change with my colleagues in Government. At that stage, I will bring proposals which the House will have an opportunity to discuss.

Garda Stations.

Jimmy Deenihan

Question:

63 Mr. Deenihan asked the Minister for Finance the position regarding the provision of a new Garda station at Castleisland, County Kerry. [5079/05]

The Commissioners of Public Works recently identified a number of new site options in the Castleisland area for a new Garda station. Following preliminary assessment of these options, the commissioners have now short-listed a number of suitable sites for consideration by the Department of Justice, Equality and Law Reform. On receipt of the views of the Department, the commissioners will commence the acquisition process.

Public Capital Programmes.

Seán Ryan

Question:

64 Mr. S. Ryan asked the Minister for Finance if he will make a statement on the recently published guidelines for the appraisal and management of public capital programmes and projects. [7202/05]

The recently revised guidelines for the appraisal and management of capital expenditure proposals in the public sector are part of the Government's continuing commitment to maximising value for money from public expenditure. They will complement the rolling multi-annual capital envelopes introduced in budget 2004. The new guidelines are designed to be rigorous in their approach to the management and evaluation of capital programmes and project appraisal and management and to reflect best practice, while introducing greater proportionality into project assessment. All projects under capital programmes or included in business plans must be subject to project appraisal.

Under the revised guidelines, projects involving minor refurbishment works, fit outs and so on with a value of less than €0.5 million will undergo a simple assessment. Projects between €0.5 million and €5 million will be the subject of a single appraisal, comprising elements of preliminary appraisal to determine if a project justifies more detailed consideration and detailed appraisal to determine if a project should go to planning and implementation stages.

A preliminary appraisal and a full detailed appraisal will be carried out for all projects costing over €5 million. These larger projects will undergo a more sophisticated analysis with projects over €50 million required to undergo a full cost-benefit analysis at detailed appraisal stage. All capital programmes with an annual value in excess of €50 million and of five years' duration or more will, for the first time, be required to be evaluated at the beginning and mid-point of each five-year cycle, unless otherwise agreed by the Department of Finance. Formal structures for the monitoring and management of investment programmes to include the appointment of a programme co-ordinator and a monitoring committee must also be put in place.

The new guidelines also provide for a clearer definition of the respective roles and responsibilities of all involved in the management and appraisal of capital programmes and projects, Government, Ministers, the Department of Finance, Departments and public bodies. Furthermore, the guidelines contain the Department of Finance general conditions of sanction to expenditure under the capital envelopes. Under the general conditions of sanction for the multi-annual capital envelopes, Departments are required to comply in all cases with my Department's guidelines for the appraisal and management of capital projects. Under the Department of Finance general conditions of sanction to the capital envelopes, Departments must put in place systems to report regularly to their management on the evaluation of projects prior to approval, the management of capital projects and progress on capital programmes. They must also arrange to carry out spot-checks for compliance with the capital appraisal guidelines and report on these and on progress generally under their capital envelopes to the Department of Finance.

The NDP-CSF evaluation unit will review on behalf of the Department of Finance the reports from Departments on the spot checks for compliance. My Department will consider any recommendations from the unit in this regard and take any necessary follow-up actions with Departments.

House Prices.

Paul Connaughton

Question:

65 Mr. Connaughton asked the Minister for Finance his views on the exposure of the economy to reversals in the housing market; and if he will make a statement on the matter. [7091/05]

In the past number of years there has been a sharp increase in housing output and it has become a highly significant sector of the economy. In 2003 housing construction accounted for just over 10% of GNP. A gradual easing back of housing output is envisaged in the coming years, although this is expected to be offset by other components of building and construction, assisted by a continuation of a strong public capital programme, as well as a continuation in the pick up in other investment. Most commentators believe that the Irish housing market is underpinned by strong economic fundamentals and favourable demographics must also be taken into account.

Tax Code.

Joe Sherlock

Question:

66 Mr. Sherlock asked the Minister for Finance the amount in corporation tax paid by the banks and other financial institutions in the latest year for which figures are available; his views on whether this represents a fair return in regard to the huge profits now being made, particularly by banks; and if he will make a statement on the matter. [7203/05]

I am informed by the Revenue Commissioners that the estimated corporation tax paid in 2004 by banks and other financial institutions was of the order of €1,300 million. This figure is significant, representing almost 25% of our total corporation tax take of €5,334 million in 2004. This covers banks, their Irish subsidiaries, banking activities in the IFSC, insurance companies and building societies. The amount does not include foreign tax paid by Irish financial institutions in respect of their overseas operations, which is likely to be significant.

As the Deputy will be aware the 12.5% corporation tax rate enjoyed by companies in Ireland is a general measure which applies to a company's trading income. In this regard it would not be appropriate, under EU state aid rules, to impose a higher corporation tax rate on the profits of the banking sector.

As the Deputy is no doubt also aware, the Finance Act 2003 provides for a special three year contribution from the banking sector. This provision has already yielded €206 million and also applies for 2005.

Thomas P. Broughan

Question:

67 Mr. Broughan asked the Minister for Finance the Government’s position in relation to a proposal put forward by the European Commission that the proportion of value added tax currently paid into the Union budget by member states should be increased; and if he will make a statement on the matter. [7148/05]

There is in fact no such proposal from the European Commission at this time. The Commission has invited Council to discuss the options suggested by the Commission for direct EU taxation to fund, in part at least, the Union budget from 2014 onwards. In putting forward this suggestion, the Commission has identified VAT as one of three options for that direct EU tax.

Currently, the EU budget is financed by traditional own resources, mainly customs duties, a notional VAT resource whereby a common rate is applied to each member state's harmonised VAT base and a GNI related resource whereby a common rate is applied to each member state's gross national income. The essence of the current system is that the EU budget is mainly funded by contributions from the member states, whose unanimous agreement is needed to make any change to the system.

In a report published last July, the Commission considered a number of options in relation to the future financing of the EU budget. These were maintaining the current system; abolishing the current VAT resource in favour of greater reliance on the GNI resource; or introducing a direct EU tax to finance the budget. The direct EU tax approach was favoured by the Commission, which proposed that it be introduced from 2014.

Three options for such a direct EU tax were put forward by the Commission: A tax on energy consumption; the application of an EU rate to actual national VAT bases; or a tax on corporate income. While not expressing a distinct preference for any one of these options, the Commission noted that an EU tax on corporate income would require the most preparatory work.

With specific regard to the VAT option, the Commission envisaged that this would be implemented through an EU rate as part of the national VAT rate paid by taxpayers and on the same taxable base. The Commission suggested that the EU VAT and national VAT should appear as separate taxes on the invoice or receipt that a taxable person provides to a customer. It was not envisaged by the Commission that the overall VAT burden on citizens would increase as the EU rate would be offset by an equivalent decrease in the national rate.

Virtually all the member states, including Ireland, have clearly expressed their opposition to a new direct EU tax to finance the budget. In their view, the current system is efficient, effective and reasonably equitable though there might be some scope for improving matters on that latter point. Debate has centred instead on the other two scenarios outlined by the Commission for financing of the budget. These are retaining the current system or abolishing the current VAT resource and going to a more emphatically GNI based system. As they think the latter scenario would be more equitable, transparent and administratively less burdensome, Ireland and a majority of member states favour the more GNI based option.

The final decision on the Commission's proposals will form part of the agreement on the future financing of the EU for the period 2007-13. The current negotiations on future financing are due to conclude in a political agreement at the European Council next June.

Seán Ryan

Question:

68 Mr. S. Ryan asked the Minister for Finance if an assessment has been done of the likely implications of the recent decision of the European Court of Justice which found against the Revenue Commissioners’ interpretation of VAT rules on canteen food sales; the anticipated loss to the Exchequer as a result of the ruling; the amount that it is likely that will have to be repaid; and if he will make a statement on the matter. [7201/05]

I assume the Deputy is referring to the recent decision of the European Court of Justice concerning Hotel Scandic, a Swedish company which was about to provide subsidised meals to its employees. There has been no European Court of Justice case involving the Revenue Commissioners' interpretation of VAT rules on canteen food sales.

In the Scandic case the European Court of Justice found that VAT would be chargeable only on the price paid by employees for the subsidised meals. Ireland's position is not the same as that of Sweden. The charging rules in Ireland are based on a different provision of the sixth VAT directive than that at issue in the Swedish case. Ireland's rule is that the taxable amount in respect of subsidised canteens is the cost of providing the meals or the price paid by the employees, whichever is the greater. Nevertheless, the Revenue Commissioners are examining the details of the judgement to establish whether or not it has any implications for the Irish position.

Decentralisation Programme.

Paul McGrath

Question:

69 Mr. P. McGrath asked the Minister for Finance if an evaluation of the proposed decentralisation of Ordnance Survey Ireland has been prepared or presented to him; and if he will make a statement on the matter. [7120/05]

As stated in my reply to Parliamentary Question No. 52 of 1 February 2005, all organisations that are decentralising, including Ordnance Survey Ireland, OSI, have prepared and submitted an implementation plan as requested by the decentralisation implementation group, DIG. This plan included detailed material on all issues to be addressed in terms of people, property and business planning and will be further developed as additional information emerges. The plan also incorporates specific risk assessment and mitigation strategies. The plan was circulated to all staff and has been placed on the OSI intranet.

National Development Plan.

Olivia Mitchell

Question:

70 Ms O. Mitchell asked the Minister for Finance his views on whether a review of the performance of the NDP would now be timely. [7079/05]

Bernard J. Durkan

Question:

112 Mr. Durkan asked the Minister for Finance the extent to which he views the national development plan being achievable within budget and on time; the financial implications; and if he will make a statement on the matter. [7423/05]

I propose to take Questions Nos. 70 and 112 together.

I would also refer the Deputies to my response to Questions Nos. 23 and 82 of 1 February 2005.

A detailed evaluation of the National Development Plan 2000-2006 was conducted by the ESRI in 2003. The evaluation found that the NDP has made significant progress towards its objectives of promoting continuing sustainable national economic and employment growth and of consolidating and improving Ireland's economic competitiveness. In particular, the ESRI found that the NDP will have a sustainable positive effect on competitiveness and the productive capacity of the economy in the long term. It also found that NDP expenditure over the period under review raised the level of GNP by over 7% above what it would have been had the NDP not been undertaken and, in the long run, the level of GNP will be approximately 3% higher. The real rate of return on NDP investment is around 14%. More generally, the mid-term evaluation endorsed the strategy underpinning the NDP and its continuing relevance. Therefore, it is not necessary to conduct a further review of the NDP at this juncture.

Most of the key infrastructure projects are delivered through the economic and social infrastructure operational programme, ESIOP, which accounts for over €19 billion of the total €31 billion spend on the NDP to date. It was acknowledged some time ago that the NDP output targets under some headings would not be achieved and that the cost of the infrastructure programme would be ahead of initial targets. This is due to a variety of factors including initial cost underestimation, re-specification of projects and inflation. By the end of 2004 it is estimated that the Exchequer had contributed almost €3 billion more on the ESIOP than initially planned.

The Government continues to provide investment in infrastructure over the medium term beyond the completion date of the current NDP. The multi-annual capital envelopes for 2005-2009 provide for overall capital investment of €36.3 billion; as a percentage of GNP this is a level around twice the European average. This level of investment will ensure that by end 2006 investment under the ESIOP will be greater than the initial target and will fund a major enhancement of Ireland's economic and social infrastructure up to and beyond the current NDP.

Fiscal Policy.

Billy Timmins

Question:

71 Mr. Timmins asked the Minister for Finance his policy for the development of the treatment of children in budgetary policy over the coming two budgets. [7124/05]

The Department of Social and Family Affairs has the primary role in the provision of financial support in respect of children. Child benefit is the main fiscal instrument through which such support is provided. Child benefit provides support to all parents or guardians in their parenting role irrespective of the parents' economic or income status and, as such, it does not contribute to employment disincentives or poverty traps. In line with this overall policy approach, the Government commenced a major initiative to substantially increase the rates of child benefit. With effect from next month, child benefit rates will have, since 2000, increased by almost €88 per month in respect of the first and second qualifying children and by €106 per month for each subsequent child. This means that 92% of the target rates increases announced in the budget of 2001 have now been delivered and, as stated in my recent budget speech, I will complete the transition to a higher rate of child benefit in next year's budget.

The social welfare system also provides additional income support in respect of children by way of child dependant allowance increases to an underlying social welfare payment. Furthermore, family income supplement provides income support to families with children who are at work on low pay. One of the special initiatives under the partnership Sustaining Progress agreement is concerned with ending child poverty and, in that context, the effectiveness of merging child dependant allowance with family income supplement to provide a seamless source of child income support to low income families is being examined. NESC is undertaking this examination and the outcome of this work will be taken into account by relevant Departments in the formulation of future policy in this area.

In regard to child care, the 2005 Estimates provide €43.799 million in current support and €39.633 million in capital grants for the equal opportunities childcare programme through the Department of Justice, Equality and Law Reform Vote. The total number of new child care places being created through this programme from the funding allocated to date exceeds 33,500. It is expected that progress will be maintained in 2006 and 2007 during which it is estimated that a further €96 million in current expenditure and €104 million in capital funding will be provided for child care facilities through this Vote. In addition, the Government has also undertaken measures to favour the supply of child care places by tax incentives to set up facilities and relief from benefit in kind taxation for free or subsidised child care provided by employers.

Question No. 72 answered with QuestionNo. 39.

Tax Code.

Brendan Howlin

Question:

73 Mr. Howlin asked the Minister for Finance if he is satisfied that sufficient steps are being taken to combat tax evasion in view of the continuing high level of settlements and in view of the large number of settlements reported by the Revenue Commissioners each quarter; and if he will make a statement on the matter. [7156/05]

I am satisfied that the Revenue Commissioners are pursuing a programme which is dealing in a very determined way with tax evasion. The commissioners are taking an approach which, depending on the nature of the case, involves either a monetary settlement and possible publication, or criminal investigation and prosecution. This combined policy has yielded significant results.

In recent years, for example, Revenue special investigations have yielded a total in excess of €1.6 billion. Revenue's normal audit programme each year also continues to recover significant tax, together with interest and penalties. For 2004, in excess of €400 million was collected in this audit programme in approximately 16,000 cases.

Having regard to the extensive resources required and the very significant evidential requirements in prosecuting cases of serious tax evasion, the majority of cases are dealt with by means of monetary settlement. This involves payment of the tax evaded, interest and penalties and, provided the case meets the criteria in section 1086 of the Taxes Consolidation Act 1997, publication of the details in Iris Oifigiúil. It is worth noting that in settlement cases the ultimate sum paid involves a penalty that can be equivalent to the tax evaded which, when combined with the public odium brought about by publication, is regarded as a severe sanction.

The high level of settlements is a reflection of the targeted approach used by Revenue which is to focus its compliance resources on the areas and cases of highest risk.

I am informed by Revenue that they are prosecuting an increasing number of cases of serious tax evasion each year. This work is dealt with in their investigations and prosecutions division and recent figures indicate that this new approach is proving successful. Currently 45 cases are under investigation for prosecution, eight cases are with the DPP, directions to prosecute have been received from the DPP in another four cases and these are proceeding to court. Bench warrants have been issued in three cases and three cases are before the courts.

It should be noted that Revenue also takes prosecutions in the District Courts each year in respect of in excess of 1000 cases related to non-filing of tax returns.

New powers to assist Revenue to pursue tax evasion are included in this year's Finance Bill, which completed Committee Stage in the Dáil yesterday evening. In this, my first Finance Bill, I have sought to strike a balance between combating tax evasion and avoidance and ensuring that the tax system recognises the needs and concerns of compliant taxpayers.

Brendan Howlin

Question:

74 Mr. Howlin asked the Minister for Finance the number of court prosecutions initiated as a result of tax evasion in respect of each year since 1997; the number of cases in which convictions were secured; the number of cases in which prison sentences were imposed; the sentence in each case; if he is satisfied with the level of court cases taken having regard to the high level of evasion; if he will report on the work of the investigations and prosecutions division of the Revenue Commissioners; and if he will make a statement on the matter. [7157/05]

I am advised by the Revenue Commissioners that the table provided gives information in relation to court prosecutions initiated for tax evasion.

Year

No. of Cases

Fines Imposed

Custodial Sentence (suspended in brackets)

Details of Custodial Sentence

1997

1

£635

Nil

1998

6

£42,854

2 (2)

(a) six months (suspended)(b) two years (suspended)

1999

1

£19,046

Nil

2000

3

£952

2 (1)

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

2001

4

£14,284

4 (2)

(a) twelve months(b) six months (suspended),(c) six months (suspended),(d) three months

2002

3

€5,540

1 (1)

six months (suspended)

2003

6

€29,365

Nil

two years (suspended)

2004

1

€5,000 and 180 hours community service.

1 (1)

three months suspended provided convicted party completes 180 hours community service

2005

4

1 case fined €10,800 and adjourned to await report on suitability to serve 120 hours community service in lieu of three months prison sentence. The other three cases are awaiting sentencing

Revenue has a very clear policy of prosecuting cases of serious tax evasion. This function is tasked to their investigations and prosecutions division. Following Revenue restructuring in 2003, all investigation activity was consolidated in this division with a remit to co-ordinate all Revenue prosecution work and in particular to increase the number of criminal investigations for serious tax offences and ultimately to increase the number of prosecutions. The number of investigators was also increased for this purpose.

Recent figures indicate that this approach is now proving successful. There are currently 45 cases under investigation for potential prosecution, the DPP is considering a further eight cases and has given directions to prosecute in another four. Bench warrants have been issued in three cases for failure to attend court and three cases are in the court process. If this is combined with the four cases for which convictions have been obtained in 2005, it is the highest combined figure to date and vindicates the decision to concentrate Revenue's prosecution resources in one area.

National Pensions Reserve Fund.

Jan O'Sullivan

Question:

75 Ms O’Sullivan asked the Minister for Finance the amount in the funds of the national pensions reserve fund at the latest date for which figures are available; the amount invested outside of Ireland; the amount held in cash balances; and if he will make a statement on the matter. [7196/05]

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

The commission also publishes quarterly performance statements setting out a summary of the fund's performance in the year to date as a means of improving the timeliness of information on the fund. The most recent of these performance statements, for the quarter to end December 2004, was published on 9 February 2005. It shows that the estimated market value of the fund was €11,689 million at 31 December 2004. Of this amount, €1,299 million was held in cash and other net current assets, including derivatives, €12 million was held in property, a total of €8,893 million was held in equities and €1,485 in bonds. The statement does not distinguish between Irish and non-Irish investments.

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

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

Public Private Partnerships.

Thomas P. Broughan

Question:

76 Mr. Broughan asked the Minister for Finance if his Department has carried out any further review in relation to public private partnerships; if his attention has been drawn to the specific reports from the United Kingdom in relation to the cost of such public private partnerships for certain public transport infrastructure and other public service infrastructure and the findings of these reports that these projects are excessively costly when compared with design and build methods or traditional methods of public financing; and if he will make a statement on the matter. [7149/05]

The Government is committed to developing the PPP process as a viable procurement option for appropriate projects within the overall context of public investment in infrastructure and public services. PPPs are one procurement tool to be used alongside traditional approaches.

In common with all large capital projects, the value for money achieved in individual projects is determined by a number of factors including the quality of the procurement process. The value for money achieved in individual projects is a matter in the first instance for the Accounting Officer in the Department or office sponsoring a project.

My Department prepares and issues guidelines for Departments and agencies in regard to the assessment, approval, audit and procurement of PPP projects, taking into account the experience of projects to date and any further relevant information, including any from other countries, as appropriate. Lessons gained from the initial pilot phase have been incorporated into our processes, structures and procedures, including the establishment of the National Development Finance Agency, NDFA. We are still learning and will continue to keep our processes and procedures under review. As regards the position in other countries, including the UK, it is my understanding that their experience would indicate that PPPs can be cost-effective in the right circumstances.

State Property.

Joe Sherlock

Question:

77 Mr. Sherlock asked the Minister for Finance the number of foreign guests who stayed at Farmleigh House during 2004; if he has plans for greater access by community or voluntary groups to Farmleigh’s facilities in view of its low level of usage as a Government guest house; and if he will make a statement on the matter. [7204/05]

A total of 73 foreign guests stayed in Farmleigh in 2004, involving a total of 146 bed nights. Two high level foreign delegations stayed overnight in the main house involving a total of 45 people and 104 bed nights. The Secretary General of the United Nations, Mr. Kofi Annan, and his delegation was one of these. In addition 28 foreign guests stayed overnight in the courtyard residence, involving 42 bed nights. These stays related to the programme of cultural events managed by the Office of Public Works that had a particularly international focus in 2004.

Farmleigh experienced a very busy year in 2004 as the property was used by the Irish Government as one of the main venues for EU Presidency meetings and receptions. As a result of its extensive use during the EU Presidency it was not feasible to use the property for residential use during the first six months of the year.

The Office of Public Works operates a very comprehensive public access programme at Farmleigh. Approximately 110,000 people visited Farmleigh and enjoyed its facilities in 2004, through a combination of open access days, specific public events and booked tours. Very many community and voluntary groups make use of Farmleigh's facilities and amenities in this way, particularly through the booked tours. The Office of Public Works will continue to work at developing and improving its public access programme for the benefit of these groups and for the public generally.

Decentralisation Programme.

Pat Rabbitte

Question:

78 Mr. Rabbitte asked the Minister for Finance the latest information available from the central applications facility in respect of applications from civil servants and other public servants currently located in Dublin who wish to transfer to new locations outside of Dublin under the Government’s decentralisation programme; the way in which this compares with the Government target of 10,300; his views on the potential loss of skills and expertise for specialist State agencies should they be decentralised with so few persons willing to transfer; and if he will make a statement on the matter. [7190/05]

The latest figures from the central applications facility show there is very substantial interest in the programme. New applications for decentralisation continue to be received. Since the period for priority applications finished in September 2004, over 500 new applications have been received.

During the period for priority applications up to 7 September 2004, a total of 8,958 staff, made up of 8,152 civil servants and 806 public servants, applied for transfer to new locations. Of this number, 4,813 staff, made up of 4,236 civil servants and 577 public servants, are based in Dublin.

There are particular issues that arise in dealing with the State agencies. The correct approach is to tease out the issues and develop good long-term solutions in consultation with all of the parties involved. This is the approach being adopted by the decentralisation implementation group.

The results are encouraging and provide a very good base from which to move forward.

Nursing Home Subventions.

Liz McManus

Question:

79 Ms McManus asked the Tánaiste and Minister for Health and Children the funding which is available in view of the refusal of the Health Service Executive to exceed the maximum level of enhanced subvention and its statement that the funding available to it in 2005 will determine the scope for a review of the maximum enhanced subvention rate this year in its letter of 14 February 2005; if it will enable the review to be carried out; and if she will make a statement on the matter. [7305/05]

As the Deputy is aware, responsibility for the administration of the Nursing Home (Subvention) Regulations, 1993 rests with the Health Service Executive. There are currently three rates of subvention payable under the regulations, €114.30, €152.40 and €190.50 for the three levels of dependency which are medium, high and maximum.

Under Article 10.6 of the Nursing Homes (Subvention) Regulations, 1993 the Executive may pay more than the maximum rate of subvention in a case, for instance, where personal funds are exhausted. The application of these provisions in an individual case is a matter for the executive in the context of meeting increasing demands for subvention subject to the provisions of the Health Act 2004. The average rate of subvention paid by the executive generally exceeds the current approved maximum rate of subvention. For 2005, funding of over €120 million has been made available for the operation of the scheme, and increase of €5.7 million over the 2004 allocation.

The nursing home subvention scheme is being reviewed by my Department and I do not intend to increase rates of subvention pending the outcome of the review.

Health Service Allowances.

Mary Upton

Question:

80 Dr. Upton asked the Tánaiste and Minister for Health and Children if she will report on an application for the domiciliary care allowance for a person (details supplied) in Dublin 10. [7306/05]

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

Crisis Pregnancy Information Services.

Liz McManus

Question:

81 Ms McManus asked the Tánaiste and Minister for Health and Children her views on the bogus pregnancy counselling agencies that are in operation in a number of locations around the country and which provide inaccurate and sometimes inflammatory information regarding abortion; her further views on the opinion of a person (details supplied), that nothing can be done to stop these agencies from operating; if she will consider developing legislation to require such agencies to apply for a licence to operate; and if she will make a statement on the matter. [7307/05]

Recent research commissioned and published by the Crisis Pregnancy Agency refers to the unworthy practices of so called rogue agencies. The reported behaviour of these agencies towards vulnerable women experiencing crisis pregnancies is objectionable and unprofessional; it shows that they are not focused on helping women. Indeed the research found that their tactics extended to lies, threats and misrepresentation, behaviour that should be brought to the attention of the Garda authorities.

While there are no plans to consider a regulated licensing system such as that proposed by the Deputy, a greater awareness amongst the public of the professional counselling services available from reputable crisis pregnancy agencies is an important step to counteracting the work of rogue agencies. The Positive Options campaign, developed by the Crisis Pregnancy Agency, CPA, in 2002, is one such major information programme that has been promoting support services in crisis pregnancy. The focus of the campaign is to make women more aware of their options, should they have a crisis pregnancy, and to improve the supports and assistance available to women in this situation.

Initiatives undertaken as part of the campaign have included a text message information service, wallet card, posters, website and television advertisements. Last year the CPA achieved the national dissemination of 250,000 leaflets, 250,000 cards and 10,000 posters to key points such as GP surgeries, family planning clinics, pharmacies, libraries, schools and citizens information centres. The Positive Options website received 1,000 hits per month in 2004, which is a measure of the response to this information campaign. My Department is monitoring the impact of this extensive information campaign.

Furthermore, the CPA is sponsoring consumer tips in the Dublin Golden Pages to promote the use of trustworthy counselling services. It has also placed advertisements with the national and regional Golden Pages directories. The CPA has also written to all crisis pregnancy counselling agencies requesting them to monitor complaints against rogue agencies.

Liz McManus

Question:

82 Ms McManus asked the Tánaiste and Minister for Health and Children if her attention has been drawn to the fact that all of the nine agencies funded by the Crisis Pregnancy Agency now provide information on all three options facing women with a crisis pregnancy; if she has satisfied herself that even those agencies which are publicly anti-abortion are in a position to provide accurate and impartial information on abortion as an option; if she is satisfied further that standards exist across all of these publicly funded agencies to ensure that the information they provide in relation to all of the options is accurate and useful to women in crisis pregnancy; and if she will make a statement on the matter. [7308/05]

The Crisis Pregnancy Agency, CPA, has informed me that the nine agencies participating in the Positive Options campaign provide counselling on abortion; but some do not provide information likely to be necessary in order for a woman to avail of pregnancy termination services. The CPA is compiling a manual of good practice for crisis pregnancy counsellors in conjunction with crisis pregnancy counselling agencies. The CPA has informed me that referrals by agencies which do not provide information on pregnancy termination services, to crisis pregnancy agencies that do, will be addressed in this manual.

The CPA launched its strategy to address crisis pregnancy in late 2003. The CPA acknowledges in this document that crisis pregnancy counselling has the potential to provide women with standardised information on supports available to them. The Agency aims to review the type of information available to women in crisis pregnancy counselling through this strategy, in order to set and maintain high standards. It has commissioned a number of research studies into the provision of crisis pregnancy counselling. The need to develop a training module for crisis pregnancy counsellors to provide counselling up to an agreed quality standard has also been identified. This module is being provided and it will be used by all State funded organisations that offer crisis pregnancy counselling. Its objectives are to ensure that women seeking counselling receive a minimum standard of care including the provision of accurate information.

I welcome the initiatives taken by the CPA to further enhance and standardise crisis pregnancy counselling services provided by agencies.

Hospital Staff.

Liz McManus

Question:

83 Ms McManus asked the Tánaiste and Minister for Health and Children if a replacement nurse will be appointed to the community mothers scheme in Newbridge, County Kildare to bring up the staffing to its original full complement; and if she will make a statement on the matter. [7309/05]

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

Health Services.

Liam Twomey

Question:

84 Dr. Twomey asked the Tánaiste and Minister for Health and Children the total funding given to the HSE in 2005 for development funding; the projects which will be funded by these resources; and if she will make a statement on the matter. [7336/05]

The Revised Estimates Volume 2005 shows a gross current figure of €10.975 billion for the HSE's Vote 40. This is an increase of €1.209 billion or 12.4% over the 2004 notional out-turn. The 2005 figure includes funding for technical adjustments necessary due to the establishment of the new HSE Vote, as explained in the Revised Estimates Volume 2005.

Within the overall increase for the HSE, an additional €200 million is provided for three specific priority areas in the coming year. This funding is made up of a package of €70 million to allow for a "whole system" approach to improving accident and emergency services; an additional €60 million for the extension of the medical card scheme to a further 230,000 people, including €30 million for an additional 30,000 full medical cards and €30 million for the introduction of approximately 200,000 new doctor visit cards in 2005; and €70 million for disability services, comprising €40 million for the intellectual disability sector and €15 million each for physical and sensory disability and mental health services.

Liam Twomey

Question:

85 Dr. Twomey asked the Tánaiste and Minister for Health and Children the timescale and amount of development funding for key priorities announced during the publication of the Estimates and Budget 2005 package for accident and emergency and disability services; when patients can expect to avail of these services; and if she will make a statement on the matter. [7337/05]

On publication of the Estimates for 2005, I announced a ten point action plan to improve the delivery of accident and emergency services. Additional revenue funding of €70 million and additional capital funding of €10 million is available to the Health Service Executive this year for these initiatives. I have met with senior management of the HSE and my Department is working closely with the HSE to ensure the early implementation of these measures.

Reported progress to date confirms that HSE plans to put the necessary measures in place are well advanced. Some improvements, for example the discharge of patients to nursing home care, are expected to materialise shortly while others will require further time to be fully implemented. My Department will continue to monitor progress in this regard.

In November 2004, I also announced additional revenue funding of €70 million as part of a special revenue development fund for services for people with disabilities. Additional capital funding of €60 million has also been provided to support these developments. The allocation of the €70 million funding is as follows —€40 million to services for persons with intellectual disability and those with autism; €15 million to services for persons with physical or sensory disabilities; and €15 million to mental health services.

I expect that the detail of how the disability funding is used will be fully clarified in the context of my approval of the HSE service plan for 2005. The service plan is currently under consideration by my Department and I expect to be in a position to respond to the HSE within the 21 day period specified for this purpose. It will then be a matter for the HSE to put the relevant services in place.

Liam Twomey

Question:

86 Dr. Twomey asked the Tánaiste and Minister for Health and Children if she will publish all existing uncommenced developments in each HSE area; if funding will be available in 2005; and if she will make a statement on the matter. [7338/05]

It is not always possible for an agency to commence approved developments on schedule. Developments can get delayed for a number of reasons, such as the recruitment of appropriate personnel, or the acquisition of appropriate premises. When this occurs, it is normal practice for the funding to be carried forward into the following year. Accordingly, unspent development funds will form part of the service delivery, and thus form part of the following year's service plan.

In this context, I have referred this question to the Health Service Executive, requesting that it responds to the Deputy directly, outlining the extent to which unspent development funds form part of the 2005 service plan. I have requested that the HSE address this query as a matter of urgency.

Tony Gregory

Question:

87 Mr. Gregory asked the Tánaiste and Minister for Health and Children the reason core funding has been refused to a project (details supplied); if this will be reviewed; and if she will make a statement on the matter. [7343/05]

The Health Act 2004 provided for the Health Service Executive, which was established on 1 January 2005. Under the Act, the executive has the responsibility to manage and deliver, or arrange to be delivered on its behalf, health and personal social services. This includes responsibility for the funding of projects relating to drug treatment services. Accordingly, the Department has requested the HSE to investigate the matter raised and to reply directly to the Deputy.

Cancer Screening Programme.

Michael Ring

Question:

88 Mr. Ring asked the Tánaiste and Minister for Health and Children when the cancer screening programme, BreastCheck, will be operational in the western region of the Health Service Executive; and the date the programme will commence. [7350/05]

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

A capital investment of approximately €21 million has been approved to construct and equip two static clinical units, one in Cork and the other in Galway. Design briefs in respect of the capital projects have been completed. It is anticipated that the advertisement for the appointment of a design team will be placed in the EU journal in the coming weeks. Additional capital funding of €3 million has been approved for the relocation and development of the symptomatic breast disease unit, in tandem with the BreastCheck development at University College Hospital, Galway. I am confident that the target date of 2007 for the expansion of BreastCheck nationally will be met.

Any woman, irrespective of her age or residence, who has immediate concerns or symptoms should consult her GP who, where appropriate, will refer her to the symptomatic services in her area.

Health Services.

Paddy McHugh

Question:

89 Mr. McHugh asked the Tánaiste and Minister for Health and Children when funding will be made available in order to employ the required number of staff to enable the two palliative support beds provided at Arus Mhuire in Tuam, County Galway to be open; the reason for the six month delay in providing funding; and if she will make a statement on the matter. [7366/05]

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

Official Engagements.

Brian O'Shea

Question:

90 Mr. O’Shea asked the Tánaiste and Minister for Health and Children if she will meet a group (details supplied); and if she will make a statement on the matter. [7367/05]

I have arranged to meet representatives of the Parents for Justice group at2 p.m. on Thursday, 24 March 2005 in Leinster House.

Health Services.

Gerard Murphy

Question:

91 Mr. Murphy asked the Tánaiste and Minister for Health and Children when she will provide the needed finance to the southern health board to enable it to award the home care grant to a person (details supplied) in County Cork; and if the award will be backdated to the date of approval. [7368/05]

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

Medical Aids and Appliances.

Gerard Murphy

Question:

92 Mr. Murphy asked the Tánaiste and Minister for Health and Children the cost of an ultra sound machine, an EEG machine and equipment that carries out a CAT scan. [7369/05]

The cost of medical equipment, including that referred to by the Deputy, depends primarily on specification requirements and the response to tender procedures in specific instances.

The Health Service Executive has responsibility for the procurement of medical equipment in the public health sector. I have requested the executive to provide the Deputy with an indication of costs incurred in recent procurements of the items specified.

Hospital Services.

Brian O'Shea

Question:

93 Mr. O’Shea asked the Tánaiste and Minister for Health and Children her proposals to facilitate the provision of an EEG unit at Waterford Regional Hospital; and if she will make a statement on the matter. [7370/05]

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

Emmet Stagg

Question:

94 Mr. Stagg asked the Tánaiste and Minister for Health and Children if the full complement of beds is now in use in the Maynooth community care unit, Maynooth, County Kildare; if not, the number of beds in use; the reason for the delay in bringing the unit to full capacity; and if she will make a statement on the matter. [7376/05]

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

Emmet Stagg

Question:

95 Mr. Stagg asked the Tánaiste and Minister for Health and Children if her attention has been drawn to the serious overcrowding in recent weeks in the accident and emergency unit at Naas General Hospital, Naas, County Kildare; the way in which she intends to improve matters at the hospital prior to autumn 2005; and if she will make a statement on the matter. [7379/05]

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

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

Departmental Correspondence.

Ruairí Quinn

Question:

96 Mr. Quinn asked the Tánaiste and Minister for Health and Children if her Department has received letters dated 21 October 2004 and 21 January 2005 from a person (details supplied) in Dublin 4; when a reply will be issued; and if she will make a statement on the matter. [7400/05]

My Department has been in contact with the Health Service Executive in the eastern regional area and requested that contact be made with the individual concerned as a priority in relation to the issue raised.

Consultancy Contracts.

Joan Burton

Question:

97 Ms Burton asked the Tánaiste and Minister for Health and Children the amount paid in fees or remuneration to a person (details supplied) for consultancy or other work carried out for or on behalf of her Department for each year since 1998; and if she will make a statement on the matter. [7449/05]

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

Schools Refurbishment.

Emmet Stagg

Question:

98 Mr. Stagg asked the Minister for Finance when the asbestos remediation works to a school (details supplied) in County Kildare will be carried out; and if he will make a statement on the matter. [7364/05]

Planning is in hand for a scheme to replace the asbestos based roofs at the school in question. Works will commence as soon as possible following completion of this process and the necessary tendering and contractual procedures and subject to agreement on programming with the school authorities.

Garda Stations.

Emmet Stagg

Question:

99 Mr Stagg asked the Minister for Finance if he has approved the revised sketch scheme for the new Garda station for Leixlip, County Kildare; and if he will make a statement on the matter. [7383/05]

Emmet Stagg

Question:

104 Mr Stagg asked the Minister for Finance if negotiations with Kildare County Council for the acquisition of a small portion of land to the front of the site for the new Garda station for Leixlip, County Kildare have been concluded; if a revised sketch scheme has been submitted to the Department of Justice, Equality and Law Reform for approval; if approval has issued from the Department of Justice, Equality and Law Reform; when construction is likely to commence; and if he will make a statement on the matter. [7382/05]

Bernard J. Durkan

Question:

108 Mr. Durkan asked the Minister for Finance when it is expected that final approval will be given to the commencement of site works for the long awaited Leixlip Garda station; and if he will make a statement on the matter. [7419/05]

I propose to take Questions Nos. 99, 104 and 108 together.

Negotiations are continuing with Kildare County Council for the acquisition of an additional plot of land for this development. The Office of Public Works wrote to the council again on 16 February 2005 regarding clarification of certain estate issues in respect of this plot of land. No response has been received from the council as yet. When these negotiations are completed satisfactorily, a reviewed sketch scheme will be issued to the Department of Justice, Equality and Law Reform for approval.

Tax Code.

Caoimhghín Ó Caoláin

Question:

100 Caoimhghín Ó Caoláin asked the Minister for Finance if he will report on his review of tax reliefs; and if he will make a statement on the matter. [7462/05]

I announced in my Budget Statement that my Department and the Revenue Commissioners will undertake a detailed review of certain tax incentive schemes and tax exemptions in 2005. This review will evaluate their impact and operation including their economic and social benefits for the different locations and sectors involved and the wider community. In addition, the review will examine the degree to which these schemes allow high-income individuals to reduce their tax liabilities.

The review of tax reliefs includes a special public consultation process seeking submissions on measures that could be introduced to balance the benefit of such reliefs with the extent to which these are used by high-earners to reduce their tax bill. The public consultation was advertised on 8 January 2005 and submissions should be made to my Department before 31 March 2005. I would welcome the views of public representatives, either individually or via the forum of the relevant Oireachtas committees and of the social partners in due course in relation to all these matters.

I announced in a press release on 6 January 2005 that my Department had advertised for external consultants to review certain tax incentive schemes. Tenders were invited from suitably qualified consultants to undertake two separate studies in economic, fiscal and social terms, as necessary, of the impact, operation, effectiveness and cost of 15 separate tax incentive schemes. The request for tenders was placed in the Official Journal of the European Union on 24 December 2004.

Seven tenders have been received in my Department and a decision on the awarding of the contracts will be taken by the end of March 2005. It is envisaged that the consultancy review of these various reliefs will be completed by the end of July 2005.

Finally, the review will also involve the examination by my Department and the Revenue Commissioners of certain other tax exemptions, for example, for stallions, woodlands, artists and patent income. The aim is to have all of these examinations completed by autumn 2005 so that the various issues can be examined in the context of the 2006 budget, in December 2005.

Decentralisation Programme.

Ciarán Cuffe

Question:

101 Mr. Cuffe asked the Minister for Finance if he will provide a copy of the criteria being used by the Office of Public Works in seeking appropriate sites or buildings for use by the State sector in the decentralisation process; and if he will make a statement on the matter. [3933/05]

The decentralisation implementation group in its report of 31 March 2004 stated that "the overall objective of the acquisition strategy is to secure, to the greatest extent possible, the right building at the right location, at the right time and at the right price and to do so in an open and transparent manner. . .".

Underpinning this objective is a set of principles, which were adopted by the group and which are entitled Principles to Underpin Accommodation Acquisition Strategy. These principles can be accessed on the decentralisation website: www.decentralisation.gov.ie/property/principles.

Consumer Debt.

Eamon Ryan

Question:

102 Mr. Eamon Ryan asked the Minister for Finance his views on whether there is cause for concern at the latest figures on consumer debt, which show a higher ratio of debt to income than ever before; and if he will make a statement on the matter. [6217/05]

I am aware of the concerns expressed by a number of commentators in relation to the continued strong growth in credit, particularly to the household sector and the possible effects of increasing indebtedness upon borrowers. The growth of credit and the associated increase in indebtedness is a matter for the Central Bank and Financial Services Authority of Ireland, taking into account its role as a part of the European system of central banks and the functions of the financial regulator in relation to the prudential supervision of financial institutions and the protection of the consumers of those firms.

I am advised by the financial regulator that the increase in personal indebtedness can be viewed against a background of record housebuilding and while personal liabilities have increased these are backed by real assets; non-housing debt is a relatively small proportion of overall personal debt; and credit card debt in Ireland is growing more slowly than overall personal debt and is modest compared with developments in other markets where there are concerns about unsecured lending.

The provision of consumer credit in Ireland is regulated by the Consumer Credit Act 1995, which is administered by the financial regulator. This Act obliges credit providers to include specific information in all credit agreements in relation to such matters as the total cost of credit, the amount of each repayment instalment, the number of instalments, etc. Additionally, in the case of housing loans, the Act specifically obliges mortgage providers to inform borrowers of the effect on the amount of their repayment instalments of a 1% increase in interest rates in the first year of their mortgages. The purpose of obliging credit providers to provide such information is to ensure that consumers, when making credit decisions, are armed with the fullest possible information in relation to any credit agreement they are entering into and most important the impact that servicing a loan will have on the consumer's household budget.

In addition, the Central Bank and the financial regulator have sought to raise the level of awareness of both borrowers and lenders of the importance of prudent borrowing and responsible lending. The financial regulator, with its statutory consumer mandate, has developed a number of specific initiatives to help consumers make informed choices and make the most appropriate credit decisions given their circumstances. Separately, mortgage lenders were requested to review their practices in relation to customer income verification and the funding of mortgage balances so as to ensure that not only were loans properly secured but also that borrowers would be able to fully repay them. They were also advised of the need to stress test every would-be borrower's ability to meet their credit obligations, in the event of more challenging times.

Responsible use of credit clearly can have advantages for borrowers in terms of their lifestyles, etc. On the other hand, it is very important that loans fully suit borrowers' requirements both in terms of amount borrowed and ability to repay. This is equally important for lenders as inappropriate lending or borrowing can also be damaging to the economy. I, therefore, fully support the Central Bank and the financial regulator in their endeavours to raise the level of awareness of the risks of reckless borrowing and excessive credit growth.

Flood Relief.

Emmet Stagg

Question:

103 Mr. Stagg asked the Minister for Finance if he has received a report from Kildare County Council in relation to flood alleviation measures in Leixlip, County Kildare; if funding is available from his Department to carry out the work; and if he will make a statement on the matter. [7374/05]

Bernard J. Durkan

Question:

106 Mr. Durkan asked the Minister for Finance the position regarding the availability of funding to Kildare County Council to alleviate the ongoing flooding at Mill Lane, Leixlip, County Kildare and other locations throughout the county; and if he will make a statement on the matter. [7417/05]

I propose to take QuestionsNos. 103 and 106 together.

The Office of Public Works has received a copy of the executive summary of a study commissioned by Kildare County Council on proposed flood relief works at Leixlip, County Kildare. The OPW has written to the county council requesting additional information including a copy of the full study in order that consideration can be given to the council's application for funding for the proposed works. A reply is still awaited.

The Deputies will also be aware that the OPW has carried out a flood relief scheme on the Shinkeen Stream in Hazelhatch in County Kildare which was completed in 2002. In addition, works were funded and carried out by the OPW on behalf of Kildare County Council on the Lyreen and Meadowbrook rivers in Maynooth together with the Morrell river in the Kill-Johnstown area.

The Commissioners of Public Works have no plans for the implementation of further flood relief works in County Kildare at this time.

Question No. 104 answered with QuestionNo. 99.

Security Enhancement.

Bernard J. Durkan

Question:

105 Mr. Durkan asked the Minister for Finance the extent, nature and cost of any security enhancement or other features paid for by the State in respect of the homes, offices or other properties owned by each Minister and Minister of State in the past seven years, including security walls, electronic devices or other such features; and if he will make a statement on the matter. [7404/05]

I consider it would be inappropriate to put details of the security measures at each property into the public domain. However, I can inform the Deputy that the total cost of the various elements of security works — physical, electronic, communications etc. for the period in question was €350,465.09

Question No. 106 answered with QuestionNo. 103.

National Debt.

Bernard J. Durkan

Question:

107 Mr. Durkan asked the Minister for Finance the extent to which the national debt has been reduced during the past seven years; and if he will make a statement on the matter. [7418/05]

Between 31 December 1997 and 31 December 2004, the national debt fell from €38,966 million to €37,846 million, a reduction of €1,120 million in cash terms. I would suggest that the generally-accepted measure of the debt burden on an economy is the percentage of gross national product, GNP, to which the debt equates. Between 1997 and 2004, the debt-to-GNP ratio has fallen from 66.1% to 31.1%, a 35 percentage points reduction.

Question No. 108 answered with QuestionNo. 99.

Departmental Expenditure.

Bernard J. Durkan

Question:

109 Mr. Durkan asked the Minister for Finance the extent to which public spending is on target under the various headings in the year to date; and if he will make a statement on the matter. [7420/05]

The budget 2005 spending projections for each Department were updated in the 2005 Revised Estimates for Public Services which were published last week. The REV provided that estimated net voted spending on departmental services will be €36.2 billion. The end-February Exchequer returns showed that net spending by Departments and offices is €0.2 billion below profile — of which about 80% is current and 20% is capital. There are no indications at this stage of the year of any deviations from 2005 spending targets except for the costs arising out of the reimbursement of charges for long stay care in health board institutions. As made clear in the recent Revised Estimates Volume, a Supplementary Estimate will be brought forward for the costs arising in 2005 on foot of the recent Supreme Court decision.

Public Private Partnerships.

Bernard J. Durkan

Question:

110 Mr. Durkan asked the Minister for Finance if the development of public private partnerships in the future presents a liability to the State; and if he will make a statement on the matter. [7421/05]

Bernard J. Durkan

Question:

111 Mr. Durkan asked the Minister for Finance the extent to which he intends to utilise the concept of public and private partnership in the future; and if he will make a statement on the matter. [7422/05]

I propose to take Questions Nos. 110 and 111 together.

The multi-annual capital investment framework set out in annex D of budget 2005 sets out targets for the period 2005-2009 for capital investment funded by PPP-National Development Finance Agency, NDFA. The total 2005-2009 PPP-NDFA targets, which would be remunerated by long-term unitary payments from Departments' Votes, is €3.675 billion; in addition, there is a target of €1.195 billion for PPPs remunerated by user charges. There has been good progress on PPPs overall since the first group of pilot projects were announced in 1999. Reasonable deal flow has been established in the roads and environment areas; progress in relation to projects remunerated by unitary payments from the Exchequer has been slower than anticipated. We are still learning and continue to keep our processes and procedures under review.

PPPs are acknowledged to be complex, involving, as they do, a long-term financial commitment for both the private and public sector partners for a period of anything up to 30 years. I believe that the PPP procurement option has an important role to play when applied to appropriate projects where there is the right scale, risk and operational profile to harness the benefits of this new approach.

Question No. 112 answered with QuestionNo. 70.

Decentralisation Programme.

Bernard J. Durkan

Question:

113 Mr. Durkan asked the Minister for Finance the extent to which the decentralisation programme has been advanced in the year to date; and if he will make a statement on the matter. [7424/05]

The two reports of the Decentralisation Implementation Group, DIG, dated 31 March 2004 and 30 July 2004 provide detailed accounts of the progress made in implementing the decentralisation programme announced last December. An analysis of the applications registered with the central applications facility by 7 September 2004 has also been published.

Each organisation produced a first iteration of its implementation plans by end May 2004. The implementation group rated the plans overall as good. Updated versions of the plans are being submitted at various dates in early 2005. Overall, I am very pleased with the progress which has already been made in driving forward the implementation of the programme.

In addition the DIG report published on 24 November 2004 contains proposals on those organisations-locations which, in the group's view, should be included in the first phase of moves and the DIG will report to me again in the spring of 2005 about progress in relation to implementation of the programme. The group will also deal in that report with the locations and organisations not covered in the November 2004 report.

Banking Sector Security.

Bernard J. Durkan

Question:

114 Mr. Durkan asked the Minister for Finance if recent developments have presented potential security risks in international banking; and if he will make a statement on the matter. [7426/05]

The recent developments which are currently the subject of a Garda investigation and widespread publicity, must be viewed in perspective. There is no evidence to date that these activities are of a scale or volume that would pose potential security risks in international banking. Similarly, there is no evidence of any significant involvement, whether deliberate or inadvertent, of the national or international banking systems in these activities.

These developments highlight the need for all institutions and supervisory authorities to remain alert to unwelcome activity of any kind which could pose a risk to the security or reputation of individual institutions or the banking system.

Bernard J. Durkan

Question:

115 Mr. Durkan asked the Minister for Finance if he is satisfied that adequate legislation is available to ensure that the banking system is secure; and if he will make a statement on the matter. [7427/05]

The Central Bank and Financial Services Authority of Ireland Act 2003 established the Irish Financial Services Regulatory Authority. The post of consumer director is specifically provided for within the structure of the financial regulator established under that Act. The director exercises important consumer protection powers under legislation.

The Central Bank and Financial Services Authority of Ireland Act 2004, complemented the 2003 Act, further enhanced the financial regulator's powers and strengthened the regulatory environment. This Act conferred new powers on the financial regulator to impose stiff administrative penalties, to be applied where there is a breach of: any financial services legislation; codes of conduct issued by the regulator; or any condition, requirement or direction imposed under legislation or codes.

The Act provided for an enhanced structure for dealing with consumers who have complaints about financial institutions and also provides consumer and industry consultative panels for the financial regulator. The consumer panel will have an important role in ensuring that the regulator is correctly reflecting the interests of consumers in its protective — issue of codes of conduct — and educational — information pamphlets etc. — roles. The Act also established a single statutory Financial Services Ombudsman for all financial services firms. The ombudsman's office is due to begin operations on the 1 April 2005. The financial ombudsman will have power to order redress in appropriate circumstances.

The Consumer Credit Act 1995, which commenced in May 1996, regulates the provision of consumer credit. It prescribes, inter alia, the form and content of credit agreements for consumer lending, including in the case of loans secured on the family home a requirement to warn the borrower about the risk of losing their home. The Act also provides for the regulation of fees and charges imposed by credit institutions.

In addition to the specific regulatory requirements under the Central Bank and consumer credit legislation, credit institutions are also subject to specific requirements to know their customers, keep records and report suspicions of money laundering under criminal justice legislation. Their professional advisers, such as accountants and solicitors, are also subject to these reporting requirements. All companies are subject to the enhanced company law regime that has been put in place in recent years, including the oversight role of the Director of Corporate Enforcement.

I am satisfied that the provisions now available in law provide not just for the effective regulation of the way that credit institutions conduct their business but also for effective supervision and enforcement of the law where necessary. I am open to making suitable amendments to the law, if the need arises. In this regard I have asked the financial regulator to advise me as soon as possible if anything emerges from recent developments in relation to asset based lending that in their view would require a legislative change. The forthcoming Bill to consolidate and modernise our financial services legislation could offer a suitable vehicle for such amendments.

Disabled Drivers.

Bernard J. Durkan

Question:

116 Mr. Durkan asked the Minister for Finance when he expects to make a decision in regard to the disabled drivers passengers 1994 tax concessions regulations with a view to enabling more persons to qualify; and if he will make a statement on the matter. [7428/05]

The disabled drivers and disabled passengers tax concessions scheme is open to people with disabilities who meet the specified medical criteria. An interdepartmental review group was established to review the disabled drivers' and disabled passengers' tax concessions scheme. The group examined all aspects of the scheme including the qualifying medical criteria. The report was published on my Department's website in July 2004 and copies have been placed in the Oireachtas Library. As agreed by Government in June 2004, I will consider the report on an ongoing basis in the overall budgetary context having regard to the existing and prospective cost of the scheme.

Mobile Telephony.

Fergus O'Dowd

Question:

117 Mr. O’Dowd asked the Minister for Communications, Marine and Natural Resources the steps he intends to take to reduce cross-Border mobile phone roaming charges; and if he will make a statement on the matter. [7431/05]

Fergus O'Dowd

Question:

118 Mr. O’Dowd asked the Minister for Communications, Marine and Natural Resources the action he intends to take to have an all-Ireland mobile phone prefix. [7432/05]

I propose to take Questions Nos. 117 and 118 together.

Responsibility for the regulation of mobile phone prices and the overall management of the mobile numbering resource in this jurisdiction is a matter for the Commission for Communications Regulation, ComReg, in accordance with the requirements of the Communications Regulation Act 2002 and regulations made under the EU Regulatory Framework for Electronic Communications. I have no function in the matter.

In relation to cross-Border mobile phone roaming charges within the island, the provision of commercial offerings to tackle this issue, such as expanding the availability of all-island tariffs to more customers, is primarily a matter for the operators. I am on record as supporting the work that ComReg and Ofcom, the UK telecommunications regulator, have done to date to encourage operators north and south to tackle this issue.

Telecommunications Services.

Joan Burton

Question:

119 Ms Burton asked the Minister for Communications, Marine and Natural Resources when broadband will be supplied to the Woodvale Estate, Clonsilla, Dublin 15. [7448/05]

I refer the Deputy to my reply to Question No. 215 answered on Tuesday 1 March 2005.

Consultancy Contracts.

Joan Burton

Question:

120 Ms Burton asked the Minister for Communications, Marine and Natural Resources the amount paid in fees or remuneration to a person (details supplied) for consultancy or other work carried out for or on behalf of his Department for each year since 1998; and if he will make a statement on the matter. [7450/05]

There are no records of payments to the person whose details have been supplied since the establishment of the Department of Communications, Marine and Natural Resources in June 2002. The following table sets out details of such payments, if any, by the former Department of the Marine and Natural Resources, Department of Public Enterprise and Department of Arts, Culture and the Gaeltacht in the period 1 January 1998 to 17 June 2002, in so far as the communications, energy including Geological Survey of Ireland, seafood, research, natural resources, broadcasting and other functions transferred to the Department of Communications, Marine and Natural Resources with effect from 18 June 2002 are concerned.

Payment (€)

Date

Services Provided

8,148.98

July 2000

Facilitation in respect of digital terrestrial television project.

3,060.00

December 2001

Post office forum.

1,292.78

January 2002

Post office forum.

5,227.00

May 2002

Post office forum.

Economic Partnership Agreements.

Aengus Ó Snodaigh

Question:

121 Aengus Ó Snodaigh asked the Minister of State at the Department of Foreign Affairs if the Government will actively urge the EU to work with the 77 African, Caribbean and Pacific countries at the WTO to achieve an extension of the Cotonou waiver or to change GATT Article XXIV in order that Europe can continue to give preferential access to developing countries; and his views on whether this approach is preferable to pushing ahead with reciprocal economic partnership agreements in view of the fact that the EU 25 and the ACP 77 together constitute the vast majority of WTO members. [7320/05]

Aengus Ó Snodaigh

Question:

122 Aengus Ó Snodaigh asked the Minister of State at the Department of Foreign Affairs the assessment undertaken by the Government on the impact of the economic partnership agreements on industrial and agricultural producers in Ireland’s priority aid countries, including and specifically the required liberalisation of 90% of trade with the poorest countries; and if he will make a statement on the matter. [7321/05]

Aengus Ó Snodaigh

Question:

123 Aengus Ó Snodaigh asked the Minister of State at the Department of Foreign Affairs the number and dates of communications, meetings and other representations between his Department and the Department of Enterprise, Trade and Employment in relation to EU requests for the opening of markets under the proposed economic partnership agreements; and if he will publish or otherwise lay the documents relating to these meetings before Dáil Éireann. [7322/05]

Aengus Ó Snodaigh

Question:

124 Aengus Ó Snodaigh asked the Minister of State at the Department of Foreign Affairs the concerns his Department has raised with the Department of Enterprise, Trade and Employment in relation to the opening up of priority country markets to EU competition; and the areas of their markets which his Department has recommended be excluded from liberalisation. [7323/05]

Aengus Ó Snodaigh

Question:

125 Aengus Ó Snodaigh asked the Minister of State at the Department of Foreign Affairs the nature of the representation of his Department at the EU 133 committee meetings considering liberalisation of trade with priority countries under economic partnership agreements. [7324/05]

Aengus Ó Snodaigh

Question:

126 Aengus Ó Snodaigh asked the Minister of State at the Department of Foreign Affairs the consultations his Department has had with priority country governments, business interests and civil society regarding their defensive interests in the economic partnership agreement trade negotiations; the areas of concern highlighted through those consultations; and the steps taken by his Department to ensure those interests are catered for in the EU position on EPAs. [7325/05]

Aengus Ó Snodaigh

Question:

127 Aengus Ó Snodaigh asked the Minister of State at the Department of Foreign Affairs the concerns of his Department regarding the regional groupings being established under the economic partnership agreements, specifically his Department’s views on whether Zambia, an Irish priority aid country, is forced by this process to decide between the two regional groups, SADC and COMESA, in which it has invested years of energy; and his further views on whether it is appropriate for Europe through EPAs to effectively redraw the economic map of Africa. [7326/05]

Aengus Ó Snodaigh

Question:

128 Aengus Ó Snodaigh asked the Minister of State at the Department of Foreign Affairs his views on whether there are parallels between the 1884 redivision of Africa and the contemporary redrawing of the economic map of Africa through the economic partnership agreements. [7327/05]

Aengus Ó Snodaigh

Question:

129 Aengus Ó Snodaigh asked the Minister of State at the Department of Foreign Affairs his Department’s assessment of the industries in each of Ireland’s priority aid countries that will come under most pressure as a result of the liberalisation envisaged in the economic partnership agreements; the industries thus identified and the number of persons employed in each such industry in each priority country; the estimated capacity these industries have to adjust to competition from European exports during the transition period; and the expected change in the level of unemployment in each of the priority aid countries as a result of such liberalisation under the EPAs. [7328/05]

I propose to take Questions Nos. 121 to 129, inclusive, together.

The legally binding Cotonou Agreement between the African, Caribbean and Pacific, ACP, states and the European Union provides for the negotiation of economic partnership agreements, EPAs, between the parties. As trade is a European Community competence, it is the European Commission which negotiates the EPAs between the EU and six regional groupings of ACP states on behalf of the member states. The Commission provides member states with regular updates on the progress of the negotiations. The EPAs are to enter into force by 1 January 2008.

The EPAs are first and foremost instruments for development that will foster the smooth and gradual integration of ACP states into the world economy, with due regard for their own political choices and their own development priorities, thereby promoting their sustainable development and contributing to poverty eradication in the ACP countries. They combine trade and wider development issues in a unified framework while taking account of the specific economic, social and environmental circumstances of each regional group and its component states. By enlarging ACP markets through regional integration and by making regulatory frameworks in these countries more transparent, EPAs can create an environment conducive to the private sector and thus function as a vehicle for long-term economic development.

According to Article 37/7 of the Cotonou Agreement the negotiations on the EPAs:

. . . shall take account of the level of development and the socio-economic impact of trade measures on ACP countries, and their capacity to adapt and adjust their economies to the liberalisation process. Negotiations will therefore be as flexible as possible in establishing the duration of a sufficient transitional period, the final product coverage, taking into account sensitive sectors, and the degree of asymmetry in terms of timetable for tariff dismantlement, while remaining in conformity with WTO rules then prevailing.

While Ireland like the other member states does not participate in the ongoing EPA negotiations, we are satisfied that the Commission is discharging its mandate in accordance with these provisions of the Cotonou Agreement. It is clear from the most recent EU-ACP joint report of last October on the state of play of regional EPA negotiations that the process with the six regions is conducted with considerable concern for its impact on the economies of the ACP countries. As with all trade negotiations, the EPA negotiation has brought to light differences of approach between the parties in a number of areas. It is to be hoped that as the talks progress, these divergences can be resolved in accordance with the principles and objectives underlying the negotiations. However, I do not think that it is helpful for the success of the EPA project at this stage to suggest taking action at the WTO for a continuation beyond 2008 of the preferential access of ACP countries to EU markets.

In Ireland, the Department of Enterprise, Trade and Employment has primary responsibility for trade policy. An officer of that Department represents Ireland at meetings of the 133 committee. The committee normally meets once a month at the level of full members. An officer of the Department of Foreign Affairs also attends meetings of the committee on a regular basis.

Given the importance for Ireland of trade and trade relations with other countries, including those which are programme countries for Ireland's development co-operation programme, there is very regular and ongoing contact with the Department of Enterprise, Trade and Employment and other Departments including the Department of Agriculture and Food in preparing for meetings of the 133 committee and on questions relating to trade generally, including the EPA negotiations.

All of the programme countries in Ireland's bilateral aid programme — Ethiopia, Lesotho, Mozambique, Tanzania, Uganda, Zambia and Timor Leste — are ACP states. Our underlying approach in those countries is complementary to that of the EPAs in that we are sensitive to the need to help build the economic infrastructure in these least developed countries, LDCs, so that they will be able to avail of an improving international trading environment. To that end Ireland works both with its partner governments and with other donor countries to ensure that there is a real focus on economic development, employment generation and on helping to equip our African partners to pursue access for their goods and progressively the means to avail of that access. On the aid side Ireland is achieving the UN target of 0.15% of GNP to LDCs.

Part of our overall engagement with the private sector in sub-Saharan Africa involves working to create a better climate for enterprise development and economic growth and involves efforts aimed at creating a more enabling international environment and improving coherence on trade and agriculture domestically. Finally, the level of detail being sought by the Deputy in relation to employment in particular industries in sub-Saharan Africa and other related details is not available to me.

Consultancy Contracts.

Joan Burton

Question:

130 Ms Burton asked the Minister for Foreign Affairs the amount paid in fees or remuneration to a person (details supplied) for consultancy or other work carried out for or on behalf of his Department for each year since 1998; and if he will make a statement on the matter. [7451/05]

The Department has no record of any payment made to the person referred to by the Deputy for consultancy or other work for the period in question.

Sports Capital Programme.

Michael Ring

Question:

131 Mr. Ring asked the Minister for Arts, Sport and Tourism the portion of the €25,000 allocated to an organisation (details supplied) in County Mayo under the sports capital programme in 2002 which has been allocated; and the reason the remainder of the grant has not been awarded. [7315/05]

A grant of €25,000 was provisionally allocated to the club in question under the 2002 national lottery funded sports capital programme operated by my Department. The grant was subject to the terms and conditions of the programme. As I informed the Deputy in my reply to Parliamentary Question No. 226 of 1 March 2005, all of the documentation required should have been submitted to my Department and the grant drawn down by 27 June 2003 and the club was advised of these conditions by way of letters from my Department dated 9 May 2002 and 25 June 2003. As the relevant documentation was still not received from the club the provisional grant offer was withdrawn in December 2004.

Swimming Pool Projects.

Emmet Stagg

Question:

132 Mr. Stagg asked the Minister for Arts, Sport and Tourism the position in relation to the application by Kildare County Council for grant aid towards the cost of replacing the swimming pool at Naas, County Kildare; and if he will make a statement on the matter. [7377/05]

The proposal to replace Naas swimming pool is one of a number of swimming pool projects within the local authority swimming pool programme under consideration in my Department. There are four stages in the programme: preliminary report; contract document; tender approval; and construction. The Naas project is at contract document stage. The question of this project moving on to the next stage in the programme is being considered in my Department in the context of funding available in the Department's multiannual capital envelope for the local authority swimming pool programme and the limit on borrowings by local authorities

Sports Capital Programme.

John Perry

Question:

133 Mr. Perry asked the Minister for Arts, Sport and Tourism if funding will be granted for the capital costs of a community sports and recreation complex in Ballisodare County Sligo; when a decision will be made; if funding will be allocated; and if he will make a statement on the matter. [7446/05]

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 2004. 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.

Consultancy Contracts.

Joan Burton

Question:

134 Ms Burton asked the Minister for Arts, Sport and Tourism the amount paid in fees or remuneration to a person (details supplied) for consultancy or other work carried out for or on behalf of his Department for each year since 1998; and if he will make a statement on the matter. [7452/05]

My Department has no record of any fees or remuneration being paid to the person referred to by the Deputy in respect of any consultancy or other work carried out on behalf of the Department since its establishment in June 2002.

Departmental Staff.

Eamon Gilmore

Question:

135 Mr. Gilmore asked the Minister of State at the Department of Enterprise, Trade and Employment the total number of posts for labour inspectors in his Department; the number of such posts that are vacant; his plans to add to the number; and if he will make a statement on the matter. [7298/05]

Eamon Gilmore

Question:

136 Mr. Gilmore asked the Minister of State at the Department of Enterprise, Trade and Employment the number of labour inspectors who were out on loan during the EU Presidency; if all of these inspectors have returned to the inspectorate; if any labour inspector has been transferred out of the inspectorate to other divisions of his Department in the past two years; if such transferees have returned; and if he will make a statement on the matter. [7299/05]

I propose to take Questions Nos. 135 and 136 together.

There are 21 labour inspector posts and at present there are 17.5 officers serving in the inspectorate. In addition one inspector is currently on long term sick leave and one job sharing inspector is on extended unpaid leave. A further two inspectors are currently engaged in work with the employment appeals tribunal to assist with processing a backlog of cases.

One inspector was on loan to the Department of Foreign Affairs during the Irish Presidency of the EU and returned to the inspectorate in July 2004. In addition ten inspectors were involved in Presidency related work at various stages during the first half of 2004.

As agreed in the mid-term review of Sustaining Progress, four additional labour inspectors were appointed earlier this year. This increased the complement of inspectors to 21. The review of the mandate and resourcing of the labour inspectorate contains a wide ranging analysis of various options regarding the enforcement of employment rights, including the powers of the inspectorate and the number of inspectors required in the future. The report is currently being considered by the social partners.

Labour Inspectorate.

Eamon Gilmore

Question:

137 Mr. Gilmore asked the Minister for Enterprise, Trade and Employment the number of successful prosecutions brought by the labour inspectorate in each of the years 2003 and 2004; the largest number of such prosecutions which related to a single employer; and if he will make a statement on the matter. [7300/05]

The number of successful prosecutions initiated by the labour inspectorate in 2003 was 20. In 2004 the labour inspectorate initiated 14 successful prosecutions. The largest number of prosecutions which related to a single employer was nine.

The primary function of the labour inspectorate is to seek compliance and rectification of any breaches identified, including payment of any arrears due to employees. Therefore an important measure of the effectiveness of the labour inspectorate is to look at the arrears of pay collected on behalf of employees. For the periods in question the recoveries were as follows: 2003 —€226,000; 2004 —€486,000.

Inspectors pursue allegations of worker mistreatment and when evidence of non-compliance with the relevant employment rights legislation is found, the inspectorate seeks redress for the individual or individuals concerned and, if appropriate, a prosecution is initiated. Successful prosecution can be dependent on adequate support from witnesses.

Consultancy Contracts.

Joan Burton

Question:

138 Ms Burton asked the Minister for Enterprise, Trade and Employment the amount paid in fees or remuneration to a person (details supplied) for consultancy or other work carried out for or on behalf of his Department for each year since 1998; and if he will make a statement on the matter. [7453/05]

My Department's records show the following payments to the person referred to by the Deputy. Fees amounting to €18,111.54 were paid to the person in the 1997-98 tax year and €2,632.21 in the 1998-99 tax year, in respect of service as a rights commissioner. A payment in the amount of €35,336.81 was made on 22 December 1999 in respect of work carried out in the course of an inquiry into an industrial dispute.

Free Travel Scheme.

Simon Coveney

Question:

139 Mr. Coveney asked the Minister for Social and Family Affairs if free travel (details supplied) is available to European Union nationals; if he will consider amending the legislation to provide that European Union citizens visiting this country, while not living permanently here, be able to avail of the same entitlements. [7349/05]

The free travel scheme is available to all people living in the State aged 66 years, or over. It is also available to carers and to people with disabilities who are in receipt of certain social welfare payments.

European nationals aged 66 or over who are permanently living in Ireland, qualify for free travel in the same way as Irish citizens aged 66 or over.

The issue of extending the free travel scheme to non-resident pensioners was examined in the review of the free schemes which was published by the policy institute, Trinity College, Dublin in 2000. The review considered that the main objective of the free travel scheme is to encourage older people and people with disabilities to remain independent and active within the community, thereby reducing the need for institutional care.

It noted that extending the scheme to Irish pensioners living abroad who visit Ireland would have significant administrative and cost implications even if it was confined to those in receipt of Irish social welfare pensions. In 2000, it was estimated that the extension of the free travel scheme to EU pensioners could incur expenditure of the order of €10 million to €19 million, depending on the level of concession granted.

It appears that, if the scheme were extended along the lines suggested, it would have to be extended to all pensioners who are EU nationals coming to Ireland for temporary stays.

I am mindful that this matter has been raised in the House a number of times recently and I am continuing my examination of the issues involved.

Social Welfare Appeals.

Eoin Ryan

Question:

140 Mr. Eoin Ryan asked the Minister for Social and Family Affairs the reason a person (details supplied) in Dublin 4 is not allowed to apply for unemployment assistance; and if he will make a statement on the matter. [7429/05]

Social welfare legislation provides that a person must satisfy the conditions of being available for and genuinely seeking work in order to be entitled to unemployment benefit or unemployment assistance.

The person concerned had made an application for asylum in the State and on 28 January 2005 the Department of Justice, Equality and Law Reform refused this application. He was given leave to reside in Ireland on humanitarian grounds on the basis that he is not free to accept offers of employment.

The person concerned had applied for unemployment benefit on 26 January 2005 and his claim was disallowed by a deciding officer on the grounds that he is not available for work due to his status. He is being informed of this and of his right of appeal.

In the meantime, it is open to him to contact his local community welfare officer with a view to applying for supplementary welfare allowance.

Social Welfare Benefits.

Pat Breen

Question:

141 Mr. P. Breen asked the Minister for Social and Family Affairs the reason a person (details supplied) in County Clare who was in receipt of the disability allowance, can no longer qualify for same; and if he will make a statement on the matter. [7304/05]

In the case raised by the Deputy, the person commenced a FÁS training course on 6 December 2004. Under agreed arrangements with FÁS, people undertaking training who are in receipt of disability allowance, are eligible for a FÁS training allowance instead of disability allowance. Payment of disability allowance is suspended for the duration of the person's attendance on the FÁS training course as the person's income support needs are being met through the training allowance.

FÁS pays participants a standard training allowance or an amount equal to their current disability allowance payment, including living alone allowance, free fuel allowance, etc., whichever is greater. In the case raised by the Deputy, the FÁS training allowance is being paid at the equivalent of the maximum rate of disability allowance of €148.80 per week with a training bonus of €31.80 per week.

Participants also retain any secondary benefits to which they have entitlement, for example, medical cards, free schemes etc.

All disability allowance recipients who transfer to a FÁS training scheme under these arrangements are guaranteed that they will not lose out by transferring to the training allowance; that they will retain any secondary benefits they are in receipt of and that in the event that they are unable to continue with the training programme, their disability allowance payment will be restored automatically.

My Department aims, through a provision of a range of supports, to encourage and assist people with disabilities and long-term illnesses who are in receipt of social welfare payments to identify and take up available employment, training and other self-development opportunities, where appropriate.

The Deputy raises the issue of treatment of persons on disability benefit or invalidity pension in similar circumstances. Income maintenance payments available under the social welfare code consist of a range of social insurance benefits which are financed through PRSI contributions, and a range of social assistance payments, which are payable subject to a means test and financed by the Exchequer through general tax revenue. The purpose of the means test is to ensure that, for people who do not have social insurance cover or who have insufficient PRSI contributions to qualify for benefit, resources are targeted at those most in need.

A person who is ill or disabled, and has sufficient PRSI contributions, may qualify for either disability benefit or invalidity pension. Entitlement to social insurance benefits such as these are not affected by the claimant's income or, if one of a couple, by their spouse or partner's income, subject to certain limits.

A person in receipt of disability benefit or invalidity pension may apply to the Department for an exemption from the general "no work" conditions which apply to these contributory schemes in order to undertake a training course to fit him or her for another job if he or she is unable to do his or her usual work.

In such cases where permission is given to commence a course, any training allowance payable can be made to the person in addition to the payment of disability benefit or invalidity pension, without affecting the rate of entitlement due to the contributory nature of these schemes.

Where people have not worked or do not have sufficient PRSI contributions, they may apply for disability allowance, which is means tested. In assessing means, account is taken of the claimant's own means and, in the case of a couple, the joint means of the couple are assessed. In addition, the value of any capital held is assessed. In this way, applicants for disability allowance are treated in the same manner as applicants for other social assistance payments.

Consultancy Contracts.

Joan Burton

Question:

142 Ms Burton asked the Minister for Social and Family Affairs the amount paid in fees or remuneration to a person (details supplied) for consultancy or other work carried out for or on behalf of his Department for each year since 1998; and if he will make a statement on the matter. [7454/05]

In 2003, the personnel section of my Department engaged the services of the person concerned, to adjudicate on a pay claim submitted by the branch managers' association. This work included a one-day arbitration hearing on 19 February 2003 and the total cost was €1,306.

No other consultancy or other work was carried out for or on behalf of this Department since 1998 by the person concerned.

Social Welfare Benefits.

Tony Gregory

Question:

143 Mr. Gregory asked the Minister for Social and Family Affairs the reason the clothing allowance for elderly persons in need has been withdrawn and restricted to persons with asthma, diabetes and arthritis; and if he will make a statement on the matter. [7471/05]

The supplementary welfare allowance scheme, which is administered on my behalf by the community welfare division of the Health Service Executive, HSE, provides for exceptional needs payments to be made to assist with essential, once-off expenditure in exceptional circumstances. Exceptional needs payments, are made at the discretion of the community welfare division of the Health Service Executive and I do not have any function in deciding individual cases.

There is no automatic entitlement to an exceptional needs payment. Every decision is based on consideration of the circumstances of the case, taking account of the nature and extent of the need and of the resources of the household concerned.

There is no standard clothing allowance for adults. It is expected that expenses incurred in respect of normal clothing requirements, which are of a predictable and recurring nature, should be budgeted for out of regular weekly income whether from earnings or from social welfare payments.

Rail Network.

Emmet Stagg

Question:

144 Mr. Stagg asked the Minister for Transport if he will approve the business case for the Kildare Arrow route project; if not, when he will respond to Irish Rail; if funding is available to proceed with the project from 2005; and if he will make a statement on the matter. [7373/05]

Emmet Stagg

Question:

145 Mr. Stagg asked the Minister for Transport if he has considered Irish Rail’s plan to provide a DART service on the Maynooth suburban line; and if he will make a statement on the matter. [7375/05]

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

Iarnród Éireann has submitted a business case to my Department for the development of a greater Dublin integrated rail network, aimed at meeting the projected demand for rail services in the area into the future. Included in the business case are proposals to: construct a new rail station in the city centre; provide an interconnector tunnel linking Heuston to the Docklands; provide a spur off the Maynooth line to the N3 beyond Dunboyne; double the track on a section of the Kildare line.

The proposal includes plans to electrify the Maynooth line. This would allow DART type trains to operate on that line. The Iarnród Éireann proposed integrated rail network plan is being assessed by my Department and I expect to respond to the company in the context of the ten-year transport investment framework that is being finalised at present.

Consultancy Contracts.

Joan Burton

Question:

146 Ms Burton asked the Minister for Transport the amount paid in fees or remuneration to a person (details supplied) for consultancy or other work carried out for or on behalf of his Department for each year since 1998; and if he will make a statement on the matter. [7455/05]

Our records do not show any direct fees or remuneration paid to the person concerned for consultancy or other work carried out for or on behalf of the Department of Transport during the period in question.

Irish Language.

Brian O'Shea

Question:

147 Mr. O’Shea asked the Minister for Community, Rural and Gaeltacht Affairs his views on the fact that no grant for 2005 has been approved by Foras na Gaeilge for any Irish language organisation in the south-east region; the action he proposes to take; and if he will make a statement on the matter. [7433/05]

As I have indicated previously, the Deputy will understand that decisions regarding the provision of grants by Foras na Gaeilge is a matter for Foras na Gaeilge itself, in the context of its statutory obligations and its business and corporate plans.

I understand from Foras na Gaeilge that it was clearly explained last year that the previous community schemes funded by Foras would come to an end on 31 December 2004. At the same time, it was announced that Foras would hold an open competition for community Irish language schemes for 2005-2007 in the autumn of 2004 and that the successful projects would be funded over a period of three years.

I understand from Foras that 44 groups applied under the new scheme and that a standardised and comprehensive assessment was carried out on all the applications in the context of the criteria that had been laid out in the application form. I understand that 20 of the 44 applications were successful. Only one application was received from the Waterford region and that application was not successful.

Consultancy Contracts.

Joan Burton

Question:

148 Ms Burton asked the Minister for Community, Rural and Gaeltacht Affairs the amount paid in fees or remuneration to a person (details supplied) for consultancy or other work carried out for or on behalf of his Department for each year since 1998; and if he will make a statement on the matter. [7456/05]

No fees or remuneration have been paid to the person concerned for consultancy or other work carried out for or on behalf of my Department since its establishment in June 2002.

Grant Payments.

Paul Connaughton

Question:

149 Mr. Connaughton asked the Minister for Agriculture and Food when the outstanding 40% of the suckler cow grant for 2004 will be awarded to a person (details supplied) in County Galway; and if she will make a statement on the matter. [7316/05]

Under the herd number quoted, an application for premium on seven animals under the 2004 suckler cow premium scheme was received on 11 February 2004, from a person other than the person named.

Payment of the 60% advance instalment has issued to the applicant. Processing for 40% balancing instalments is ongoing and it is expected that payments will start at the end of March.

Consultancy Contracts.

Joan Burton

Question:

150 Ms Burton asked the Minister for Agriculture and Food the amount paid in fees or remuneration to a person (details supplied) for consultancy or other work carried out for or on behalf of her Department for each year since 1998; and if she will make a statement on the matter. [7457/05]

No such payments have been made by my Department to the person in question from 1998 to date.

Grant Payments.

Denis Naughten

Question:

151 Mr. Naughten asked the Minister for Agriculture and Food her plans for the modulation fund under the single farm payment; if she intends to use it as a top up to the disadvantaged area payments and to address animal welfare issues; and if she will make a statement on the matter. [7464/05]

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 widespread public consultation and discussions with stakeholders.

The use of modulated funds in 2006 is limited to certain measures under the relevant EU regulations. The eligible measures are those in the CAP rural development plan, agri-environment, early retirement, less favoured areas payments 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. The two options referred to in the question are among those under consideration.

Crime Prevention.

Bernard J. Durkan

Question:

152 Mr.Durkan asked the Minister for Justice, Equality and Law Reform if he is satisfied that adequate legislation exists to prevent money laundering through the banking system; and if he will make a statement on the matter. [7425/05]

I refer the Deputy to my answer to his Parliamentary Question No. 248 of Wednesday, 16 February 2005 on the same subject in which I set out the extensive legislation in place in this jurisdiction to tackle money laundering activities, including through the banking system. The situation remains the same.

Citizenship Applications.

Michael Noonan

Question:

153 Mr. Noonan asked the Minister for Justice, Equality and Law Reform if a person married to an Irish citizen (details supplied) will be allowed to remain here; and if he will make a statement on the matter. [7310/05]

I understand that the circumstances of the person in question have recently changed and that his case is subject to a review with regard to granting further periods of permission to remain in the State. It is expected that this review will be completed shortly.

Child Care Facilities.

Liz McManus

Question:

154 Ms McManus asked the Minister for Justice, Equality and Law Reform if the ADM funding for a playgroup (details supplied) will be extended; and if he will make a statement on the matter. [7311/05]

As the Deputy may be aware the Equal Opportunities Childcare Programme, EOCP, provides grant assistance towards the staffing costs of community based, not-for-profit child care services which have a clear focus on disadvantage. Funding under the staffing measure of the EOCP is only made available to help support the staffing costs of those projects which can demonstrate that they are providing child care in areas of significant disadvantage and that they are supporting disadvantaged parents to access employment, education or training. It was not intended that the EOCP would meet the full costs of running a service. The programme makes staffing grant assistance available for a period of years, usually three years, to enable them to move towards self-sustainability which would normally be achieved when the service is operating at capacity and with an appropriate fee structure.

In a number of services, the levels of disadvantage among parents are such that families would be unable to pay economic fees and therefore those services are likely to require ongoing State support towards their staffing costs. My Department is currently reviewing the arrangements for the ongoing support of such services in very disadvantaged areas and plans to introduce new arrangements to support those services in cases where they will have received staffing grant assistance for three or more years, at any date prior to 31 August 2005. Information regarding the introduction of these new arrangements will be forwarded to the groups in question as soon as it is available.

The relevant groups have been informed that their existing level of staffing grant assistance funding will be continued up to 31 August 2005, subject to the groups maintaining their forecast levels of service and meeting the targets they had previously agreed. The amounts awarded are deemed sufficient to enable the groups to maintain their approved level of service and to give them an opportunity to review their services and their fee structures.

In the interim, it would be premature of me to comment further on future staffing grant assistance.

Registration of Title.

Dan Neville

Question:

155 Mr. Neville asked the Minister for Justice, Equality and Law Reform if the Land Registry Office will forward a copy of the deeds of a house to a person (details supplied) in County Limerick. [7312/05]

I am informed by the Registrar of Titles that there is no record of an application pending on this folio at present. If the Deputy can provide me with the date of lodgement of the application and a Land Registry reference number I will make further inquiries on his behalf.

Deportation Orders.

Tony Gregory

Question:

156 Mr. Gregory asked the Minister for Justice, Equality and Law Reform if he will review the decision to deport persons (details supplied) in view of the representations made on their behalf. [7313/05]

Both persons referred to by the Deputy are young Nigerian nationals who arrived separately in the State in April 2001 and September 2002, respectively, as unaccompanied minors and claimed asylum. Both their applications for refugee status were refused following consideration by the Office of the Refugee Applications Commissioner and on appeal by the Office of the Refugee Appeals Tribunal. These decisions were communicated to them by letters informing them of three options open to them: that is, to leave the State voluntarily before their cases were considered for deportation; consent to the making of a deportation order in respect of them; or to make written representations, within 15 working days, setting out the reasons they should not be deported and instead to be allowed to remain temporarily in the State.

The case of each was considered under section 3 of the Immigration Act 1999, as amended, and section 5 of the Refugee Act 1996 on the prohibition of refoulement, including consideration of all representations received on their behalf. Deportation orders were subsequently made in respect of each in January 2005 and December 2004, respectively. These orders were recently served on them requiring them to report to the Garda national immigration bureau in order for arrangements to be made for their return to Nigeria. Both presented to the bureau as requested and are due to present again on 10 March 2005 so that arrangements could be made with the Nigerian Embassy for their documentation. The bureau informs me the process of documentation is currently in train and that travel documents are expected to be issued soon.

While both persons were minors when they first entered the State, one of them reached 18 years in March 2003 and is now being treated as an adult. When his travel documents have been obtained from the Nigerian Embassy, the Garda national immigration bureau will be arranging his return. This is expected shortly. The other person will be 18 years in May 2005 and is being treated as a minor who is in the care of the Health Service Executive. His return will require special arrangements to be made with the Nigerian authorities for his reception upon arrival in Nigeria. As this is likely to take some time to arrange, there are no immediate plans at this stage to repatriate him to Nigeria.

Aengus Ó Snodaigh

Question:

157 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if he plans any deportations to conflict zones, including the DRC, Angola or Sierra Leone in the near future; the dates on which they will take place; if there have been any deportations to these countries since he became Minister; and if so, the number in each case. [7332/05]

Section 5 of the Refugee Act 1996 regarding prohibition of refoulement, requires that a person shall not be expelled from the State or returned in any manner whatsoever to a State where, in the opinion of the Minister, the life or freedom of that person would be threatened on account of his or her race, religion, nationality, membership of a particular social group or political opinion.

Every deportation case is fully considered with regard to this specific requirement as well as the eleven other factors required under section 3(6) of the Immigration Act 1999, as amended. My Department uses extensive country of origin information drawn from different independent sources, including UNHCR, in helping to make this evaluation. The situation is constantly being monitored in regard to any changes in the countries concerned, in particular in respect of the non- refoulement requirement.

Persons served with deportation orders are informed of the reasons for their deportations and are requested to report to the Garda national immigration bureau in order for arrangements to be made for their removal. The place, date and time of removal is a matter for the bureau. These details are only communicated to the person concerned, and their legal representatives, in order to preserve their dignity and anonymity, as well as for security reasons. I cannot, therefore, comment on any removals that may be planned in the near future to the regions and countries mentioned by the Deputy.

In regard to previous deportations made to these countries, I set out the details in the following table:

Deported Countries

June 2002 to date

Democratic Republic of Congo

Nil

Angola

4

Sierra Leone

1

Asylum Applications.

Aengus Ó Snodaigh

Question:

158 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform his plans for asylum seekers who have no Irish children but have been in the asylum system for over three years; and his plans for asylum seekers who have children who have been in the education system here for periods of over three years. [7333/05]

I am informed by the relevant determining authorities — the Office of the Refugee Applications Commissioner, ORAC, and the Refugee Appeals Tribunal, RAT, that there are in the region of 100 cases in the asylum system for over three years.

In the case of the Office of the Refugee Applications Commissioner a recommendation of some type has previously issued but for a variety of reasons further processing is now required. In general this arises where the case is returned to ORAC in order to be readmitted to the first stage process either as a consequence of the RAT overturning an ORAC decision on a "manifestly unfounded" or Dublin Convention-regulation case, or where agreement is reached to readmit an applicant in order to resolve a judicial review of the original decision on the case.

In regard to appeals outstanding in the RAT for more than three years from the date of appeal, the majority of cases have been delayed due to judicial review proceedings in either ORAC or RAT. It is my intention to have all asylum applications that have been in the system for over three years processed as expeditiously as possible.

Aengus Ó Snodaigh

Question:

159 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the number of female asylum seekers who have been granted Convention refugee status on the basis that their deportation would place them in danger of genital mutilation; and the number of women who have been given humanitarian leave to remain on the basis that their deportation would place them in danger of genital mutilation. [7334/05]

Persons seek and are granted refugee status in the State based on a wide variety of reasons, some of them multiple, in accordance with provisions of the Refugee Act 1996 and the 1951 UN Refugee Convention. A detailed breakdown of these reasons is not maintained by the Office of the Refugee Applications Commissioner or by the Office of the Refugee Appeals Tribunal. Consequently, statistics are not available as to the number of females, if any, granted refugee status based on the alleged risk of female genital mutilation.

Similarly, the Minister must consider 11 factors under section 3 (6) of the Immigration Act 1999, as amended, together with section 5 of the Refugee Act 1996, prohibition of refoulement, when considering whether or not to deport somebody. Statistics are not maintained in a way that distinguishes whether a specific factor, either on its own or as one of a number of factors, resulted in a person being granted leave to remain in the State.

I should say that the issue of refoulement as set out in section 5 of the Refugee Act 1996, is given full consideration in every case when deciding whether to make a deportation order or grant temporary leave to remain in the State. My Department uses extensive country of origin information drawn from different independent sources, including UNHCR, in evaluating the safety of making returns to third countries. This means that a person shall not be expelled from the State or returned in any manner whatsoever to a State where, in my opinion, the life or freedom of that person would be threatened on account of his or her race, religion, nationality, membership of a particular social group or political opinion.

Foreign Passports.

Aengus Ó Snodaigh

Question:

160 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the practice of the Nigerian Embassy here of asking Nigerian citizens to obtain a Garda report on a lost passport even when they have never lost their passport here; if his attention has been drawn to the practice of the Nigerian Embassy of charging €435 for passports which are needed for the residency applications and imposing a deadline of 28 February for persons applying for these passports; if his attention has been drawn to the fact that many applicants cannot afford the €435 fee; if he will be taking these issues up with the Nigerian Embassy; and the steps he has taken to resolve this matter. [7335/05]

On 15 January 2005, I introduced revised arrangements for the making of applications by non-nationals for permission to remain on the basis of their parentage of a child born in Ireland prior to 1 January 2005. All applicants are required to provide adequate proof of their identity by way of a passport or national identity card.

Establishing the true identity of an applicant under the revised arrangements is a basic obligation, both on the State and the applicant. In this context, the requirement that an applicant produces an identity document from his or her country of origin cannot be waived. I wish to advise the Deputy that I have been made aware of reports that certain embassies may be charging particular amounts for the issue of passports to their nationals. However, the amount to be charged by a foreign embassy in this regard is not a matter for my Department, or for the Irish Government, to determine.

Death Certificates.

Enda Kenny

Question:

161 Mr. Kenny asked the Minister for Justice, Equality and Law Reform if proposals exist to regularise the circumstances under which undertakers may deal with bodies in the absence of death certificates; his views on the efficiency that exists on issuing such certificates; and if he will make a statement on the matter. [7341/05]

The issue of certification of death is not generally the responsibility of my Department. However, I can say that in so far as the coroner's service is concerned, all aspects of its operation are being considered for updating in the context of the preparation in my Department of proposals for a new Coroner's Bill, in line with the commitment in the Government legislation programme as announced on 28 January 2005.

Garda Operations.

Tony Gregory

Question:

162 Mr. Gregory asked the Minister for Justice, Equality and Law Reform if gardaí have been able to assist residents (details supplied) in Dublin 7 with the very serious anti-social behaviour near to their homes; and if he will make a statement on the matter. [7344/05]

I am informed by the Garda authorities that they are aware of the reports regarding anti-social behaviour in the location concerned and I understand that a policing plan has been devised to combat it. I am advised that a Garda inspector has been in direct contact with the residents referred to, concerning policing of the area, and regular contact will be maintained with them. I am further informed that a full investigation into the specific incident raised has been carried out and a file has been forwarded to the law officers for directions.

Citizenship Applications.

Ciarán Cuffe

Question:

163 Mr. Cuffe asked the Minister for Justice, Equality and Law Reform the reason for the delay in processing applications for naturalisation, in particular that of a person (details supplied); and if he will make a statement on the matter. [7347/05]

An application for a certificate of naturalisation from the person referred to by the Deputy was received in the citizenship section of my Department on 12 May 2004. The average processing time for such applications is currently 24 months. It is likely, therefore, that the application of the individual concerned will be finalised by May 2006. The lengthy processing time for applications is primarily due to the significant increase in the volume of applications being received during the last number of years. In 2000, some 1,004 applications for naturalisation were received. The comparable figure in 2004 was 4,074.

It is of relevance to point out to the Deputy that while there are approximately 600 civil service staff currently assigned to immigration related functions in both my Department and its associated independent agencies, approximately 70% of those staff have been engaged full time in activities associated with the processing of asylum claims or in the provision of support for asylum seekers. The reduction in the numbers claiming asylum during 2003 and 2004 has freed up resources which are currently being deployed in the improvement of mainstream immigration services. The citizenship section is one of the areas which is benefitting from this process.

I will inform both the applicant and the Deputy as soon as I have reached a decision on this application.

Visa Applications.

Gerard Murphy

Question:

164 Mr. Murphy asked the Minister for Justice, Equality and Law Reform if a file regarding persons (details supplied) will be reopened. [7371/05]

The applications referred to by the Deputy were for the purposes of allowing the spouses of non-EEA nationals employed under the employment permit scheme to reside with them in the State. These applications were refused by my Department in May 2004 on the grounds that, based on the evidence supplied, the persons resident in the State did not have sufficient finances available to them to guarantee the support of the applicants without recourse to public funds.

An appeal was submitted in respect of each refusal. However, based on the additional evidence supplied, the appeals officer was unable to conclude that the initial decision should be overturned. As each application is entitled to only one appeal, it is not possible to review these applications again. However, should the applicants still wish to travel, a fresh application should be submitted accompanied by any additional supporting documentation that it is felt will address the reasons for refusal given by my Department.

Garda Stations.

Emmet Stagg

Question:

165 Mr. Stagg asked the Minister for Justice, Equality and Law Reform the reason he does not intend to carry out a review of the number of 24 hour Garda stations in the State with a view to opening new 24 hour stations to reflect population changes, with particular emphasis on the north east Kildare towns of Maynooth, Leixlip and Celbridge; and if he will make a statement on the matter. [7381/05]

I am informed by the Garda authorities that there are currently no plans to extend the number of Garda stations open to the public on a 24 hour basis. The Garda authorities have also informed me that the extension of the current opening hours of the Garda stations in the north Kildare area would necessitate the employment of Garda personnel on indoor administrative duties and that, in their view, such personnel can be utilised in providing a visible Garda presence on outdoor policing activities. Local Garda management is satisfied that the arrangements currently at Maynooth, Leixlip and Celbridge are adequate to meet the present policing needs of the area.

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

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

Garda Deployment.

Breeda Moynihan-Cronin

Question:

166 Ms B. Moynihan-Cronin asked the Minister for Justice, Equality and Law Reform the number of Garda personnel allocated to each Garda station in County Meath at 1 January 1997 and 1 January 2005; and the total number of gardaí in the county on each of these dates. [7387/05]

I am informed by the Garda authorities, who are responsible for the detailed allocation of resources, including personnel, that the number of Garda personnel allocated to each Garda station in County Meath at 31 January 1997 and 31 January 2005, and the total number of gardaí in the county on each of these dates, were as set out in the table.

Station

1997

2005

Laytown

6

8

Ashbourne

22

40

Dunboyne

14

12

Dunshaughlin

11

10

Kells

31

31

Athboy

4

6

Oldcastle

3

4

Nobber

3

3

Trim

24

26

Crossakeel

2

0

Summerhill

2

2

Enfield

18

15

Ballivor

2

3

Navan

47

46

Duleek

4

4

Slane

3

4

Kilmessan

1

0

Total

197

214

Historical statistical information relating to Garda personnel strength is maintained on an end of month basis. Accordingly, the personnel strength for a particular Garda station is readily available at the end of each month. This is the reason that figures for 31 January 1997 and 2005 are provided in response to this question.

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

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

Breeda Moynihan-Cronin

Question:

167 Ms B. Moynihan-Cronin asked the Minister for Justice, Equality and Law Reform the number of Garda personnel allocated to each Garda station in County Kildare at 1 January 1997 and 1 January 2005; and the total number of gardaí in the county on each of these dates. [7388/05]

I am informed by the Garda authorities, who are responsible for the detailed allocation of resources, including personnel, that the number of Garda personnel allocated to each Garda station in County Kildare at 31 January 1997 and 31 January 2005, and the total number of gardaí in the county on each of these dates, were as set out in the following table.

Garda Stations

1997

2005

Naas

69

77

Clane

5

6

Kill

3

3

Celbridge

12

19

Maynooth

9

16

Kildare

28

27

Newbridge

26

29

Robertstown

2

3

Kilcullen

3

3

Carbury

2

2

Monasterevin

3

3

Rathangan

2

3

Athy

17

16

Castledermot

2

2

Ballytore

4

1

Ballymore Eustace

1

1

Leixlip

11

27

Kilcock

6

5

Total

205

243

Historical statistical information on Garda personnel strength is maintained on an end of month basis. Accordingly, the personnel strength for a particular Garda station is readily available at the end of each month. This is the reason that figures for 31 January 1997 and 2005 are provided in response to this question.

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

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

Departmental Programmes.

Michael Ring

Question:

168 Mr. Ring asked the Minister for Justice, Equality and Law Reform the funding which will become available in the near future for child care facilities under the Equal Opportunities Childcare Programme 2000-2006. [7389/05]

The Equal Opportunities Childcare Programme, EOCP, 2000-2006 is a seven year development programme which aims to increase the availability and quality of child care to support parents in employment, education and training. The level of demand for capital grant assistance was such that I considered it important to increase the capital provision for the present programme. Following discussions with my colleague the Minister for Finance, an additional capital provision of €90 million was made available over the period 2005 to 2009, in the context of the 2005 budget.

Of this amount, €50 million is being made available under the present programme and the remaining €40 million will flow under the next phase of the post-2006 EOCP. This augments the increased EU funding of some €12 million made available last year in recognition of the progress of the programme. This brings the total funding available for the programme to €499.3 million and now includes an increased provision for capital developments, for which €205 million has been set aside. In December 2004, I announced an allocation of almost €35 million in capital funding to community based not for profit groups.

The availability of the additional capital funding will enable me to make further capital grant assistance available over the coming months and years to groups which address significant child care service gaps and where the project proposal represents good value for money when considered in the context of the current guidelines on building costs. I hope to make further significant capital commitments during 2005 and thereafter. The ongoing assessment of the applications in the pipeline will be concluded as speedily as possible to facilitate the development of additional child care facilities and places at the earliest opportunity.

Prisoner Transfers.

Eamon Gilmore

Question:

169 Mr. Gilmore asked the Minister for Justice, Equality and Law Reform if he will facilitate the transfer from Limerick to Dublin of a person (details supplied). [7390/05]

Solicitors acting on behalf of the person in question made an application for a transfer to Dublin on his behalf on 4 February 2005. Having regard to his particular circumstances with regard to access to translation services, the reception and integration agency has arranged accommodation for him in Dublin from 1 March 2005.

Prison Accommodation.

Eamon Gilmore

Question:

170 Mr. Gilmore asked the Minister for Justice, Equality and Law Reform the arrangement which he has made to protect, manage and secure the buildings of the former prison at Shanganagh Castle, Shankill; if the buildings have been damaged or have deteriorated in any way since the closure of the prison; the cost of maintaining and managing the buildings since the closure; his plans for the future of these buildings; and if he will make a statement on the matter. [7391/05]

The Prison Service has in place arrangements to ensure that the property is maintained in a secure and safe manner. I am not for obvious reasons going to go into detail about the specific measures but I can confirm that the buildings have not been damaged or vandalised since the closure. A total of €129,798.52 has been expended to date on security related measures and in addition to this, one member of staff has remained in a caretaker capacity.

A contract has been signed for the sale of 21.5 acres of the lands to Dún Laoghaire-Rathdown County Council and the conveyance is due to be completed on 30 May next. I intend to dispose of the balance of the property including the buildings later this year. The proceeds of both transactions will be utilised towards prison capital projects.

Child Care Services.

Kathleen Lynch

Question:

171 Ms Lynch asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the fact that there is increasing uncertainty regarding the continuing funding of child care provisions in the Cork city area; if he will clarify the criteria used by his Department to determine the term, very disadvantaged, in respect to funding; when child care organisations will be issued with funding application forms for the next round of funding; if all applications received will be fully processed prior to 31 August 2005; if applications are not processed by 31 August 2005, there will be a further roll-over of funding; and if he will make a statement on the matter. [7430/05]

As the Deputy may be aware the equal opportunities childcare programme, EOCP, provides grant assistance towards the staffing costs of community-based not-for-profit child care services which have a clear focus on disadvantage. Funding under the staffing measure of the EOCP is only made available to help support the staffing costs of those projects which can demonstrate that they are providing child care in areas of significant disadvantage and that they are supporting disadvantaged parents to access employment, education or training. It was not intended that the EOCP will meet the full costs of running a service. The programme makes staffing grant assistance available for a period of years, usually three years, to enable them to move towards self-sustainability which would normally be achieved when the service is operating at capacity and with an appropriate fee structure.

In a number of services, the levels of disadvantage among parents are such that the families would be unable to pay economic fees and therefore those services are likely to require ongoing State support towards their staffing costs. My Department is currently reviewing the arrangements for the ongoing support of such services in very disadvantaged areas and plans to introduce new arrangements to support those services in cases where they will have received staffing grant assistance for three or more years, at any date prior to 31 August 2005. Information regarding the introduction of these new arrangements will be forwarded to the groups in question as soon as it is available.

The relevant groups throughout the country have been informed that their existing level of staffing grant assistance funding will be continued up to 31 August 2005, subject to the groups maintaining their forecast levels of service and meeting the targets they had previously agreed. The amounts awarded are deemed sufficient to enable the groups to maintain their approved level of service and to give them an opportunity to review their services and their fee structures.

Applications will be processed well in advance of the 31 August 2005. In the interim, it would be premature of me to comment further on future staffing grant assistance.

Irish Prison Service.

Aengus Ó Snodaigh

Question:

172 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the rehabilitation programmes for prisoners provided over the past ten years; the purpose of each; the prisons in which each programme has been offered; the total cost of each per year and to date in 2005; if, in each case, the programme has been discontinued; and if so, the reason therefor. [7438/05]

The Irish Prison Service employs a number of means to encourage prisoners to bring about positive development within themselves, including: programmes in the areas of education, vocational and pre-vocational training and lifeskills, specific programmes and individual counselling to address criminogenic factors, for example, anger management and sex offenders programmes, individual and group counselling and support, drug treatment, and facilitating the involvement of voluntary organisations in providing appropriate prisoner support services. These programmes are delivered by a wide range of specialist services that operate in the prisons, such as the services of psychologists, teachers, probation and welfare officers and prison officers.

I note that the Deputy is seeking details of the various prison rehabilitation programmes provided over the past ten years. Each prison and place of detention has in place a range of prisoner rehabilitation programmes catering for its particular prison population. Across all of the prisons, the array and content of such prisoner rehabilitation programmes continue to evolve with additional elements added or replaced to take account of changing needs. I refer the Deputy to the annual reports of the Irish Prison Service which give an overview of developments in relation to the prisons and, in particular, those reports for most recent years contain prison by prison profiles of prisoner activities. It would be too substantial a task to assemble in detail all the information sought by the Deputy under the headings he has mentioned and compiling it would require a disproportionate and inordinate amount of staff time and effort and could not be justified in current circumstances where there are other significant demands on resources.

As regards the annual costs of such programmes, it is not currently possible to disaggregate from the total Irish Prison Service spending all of the elements that specifically relate to rehabilitation programmes for prisoners. However, I advise the Deputy that I obtained a budget for the Irish Prison Service of €369 million for 2005, which compares to a budget of €180 million provided for prisons in 1997.

Prison Staff.

Aengus Ó Snodaigh

Question:

173 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the number of prison staff that will be employed at the new prison complex planned for north County Dublin; and the number and category of other support staff who will work at the complex. [7439/05]

At this stage no final decision has been made as to the exact number or category of prisoners to be accommodated on the new site. Therefore, it is not possible to give precise staff numbers for the new prison complex planned for north County Dublin at this point in time.

Prison Committals.

Aengus Ó Snodaigh

Question:

174 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if any prisoners other than long-term prisoners will be held in the new prison complex planned for north County Dublin; and if so, the other categories of prisoners that will be held there. [7440/05]

At present, Mountjoy Prison operates as the largest committal prison for sentenced prisoners in the State. In this regard it caters for persons serving sentences ranging from a few days right through the spectrum to include those sentenced to life imprisonment. It is anticipated that the new complex will also cater for a wide range of offenders. However, no final decision has yet been made as to the range of prisoners to be accommodated at the new complex.

Prison Accommodation.

Aengus Ó Snodaigh

Question:

175 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the number of prison spaces available in the State; the number of spaces in use; the number of spaces temporarily closed; the number of spaces permanently closed since he assumed his ministerial responsibilities; and the number of spaces required according to his estimates. [7441/05]

As of 1 March 2005 the maximum available bed capacity of the prison system was 3,357. There were 3,257 persons in custody on that date. That does not however imply the existence of 100 readily available spaces. Two thirds of the available spaces were in Portlaoise Prison which mainly houses subversive and other high security prisoners and is not suitable for the general population. Cloverhill as a remand prison accounted for the balance. Taking these factors into the account the prison system currently operates at or in excess of full capacity for sentenced prisoners with some overcrowding remaining in certain prisons.

The Deputy will be aware that, as an attempt to address the spiralling prisons overtime bill, the Government agreed to the mothballing of the places of detention at Fort Mitchell and the Curragh during 2004. These institutions each provided space for 102 inmates. However, the transfer of staff from these institutions allowed for the opening of new landings at Limerick and Midlands Prison which almost completely offset this loss in accommodation space. The future of both institutions is under continuous review and any decision on this issue will have regard to the ongoing discussions between the Irish Prison Service and the Prison Officers' Association.

Shanganagh Castle, which provided capacity for up to 60 young offenders, ceased to operate as a place of detention in December 2002. The reasons for this decision have been set out on many occasions in the past.

It is clear that there is a need for new prison spaces for a number of reasons including the need to eliminate overcrowding in a number of our committal prisons, in particular, Mountjoy Prison, the Dóchas centre and Castlerea Prison. It is also my wish to replace outdated prison accommodation with new facilities which will eliminate the practice of "slopping out" and also reduce the "doubling up" which is prevalent throughout the system. As part of this process, I can confirm that a total of 150 new spaces are being provided in the new Portlaoise "C Block" which is due to be completed in 2007. I can also advise the Deputy that estimates of future space requirements are being refined in the context of planning for the development of the new prison complexes at north County Dublin and Spike Island.

Prisons Building Programme.

Aengus Ó Snodaigh

Question:

176 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if the training unit presently located at Glengarriff Parade will be transferred to the new prison complex planned for north County Dublin; and the facilities that will be provided for prisoners at the new site. [7442/05]

Aengus Ó Snodaigh

Question:

178 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if St. Patrick’s Detention Centre will be relocated to the new prison complex planned for north County Dublin; if not, his plans for the facility. [7444/05]

I propose to take Questions Nos. 176 and 178 together.

A decision has been taken in principle to dispose of the current Mountjoy complex including the training unit and St. Patrick's Institution. A final decision has not yet been made regarding the facilities that will be provided for prisoners at the new site.

Prison Accommodation.

Aengus Ó Snodaigh

Question:

177 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the number of prison spaces planned for the new prison complex in north County Dublin; the number of spaces for male prisoners; the number of spaces for women prisoners; and the number of spaces for juveniles. [7443/05]

At this stage no final decision has been made as to the precise number of prisoners to be accommodated on the new site. The existing Mountjoy complex has a total capacity of over 900 prisoners and the new facility will cater for more than that number.

Question No. 178 answered with QuestionNo. 176.

Citizenship Applications.

Joan Burton

Question:

179 Ms Burton asked the Minister for Justice, Equality and Law Reform if the case of a person (details supplied) in County Louth will be reviewed. [7447/05]

A declaration of acceptance of Irish citizenship as post-nuptial citizenship was received in the citizenship section of my Department on 10 October 2003 from the person referred to in the Deputy's question. Officials in the citizenship section wrote to the representatives of the person concerned by registered post on 10 January 2005 informing them that it was their view that the person concerned did not meet the statutory criteria for making a declaration of post-nuptial citizenship. However, the correspondence was returned to my Department marked "not called for". The company moved to a new address and the correspondence has been forwarded to that address. The person concerned has been afforded an opportunity to make a submission on the reasons for my officials' view and a final determination on the matter will take account of any submission that is made in this regard.

Consultancy Contracts.

Joan Burton

Question:

180 Ms Burton asked the Minister for Justice, Equality and Law Reform the amount paid in fees or remuneration to a person (details supplied) for consultancy or other work carried out for or on behalf of his Department for each year since 1998; and if he will make a statement on the matter. [7458/05]

My Department has not paid fees or remuneration to the person whose details are supplied.

Visa Applications.

Denis Naughten

Question:

181 Mr. Naughten asked the Minister for Justice, Equality and Law Reform further to Question No. 162 of 24 February 2005, the way in which the person may enter and leave the State while the application for leave to remain and the application for post-nuptial citizenship are both pending; and if he will make a statement on the matter. [7463/05]

The person in question is free to leave the State at any time. As a visa requiring national he must be in possession of a valid Irish visa to allow him travel to the State. It is not the policy of my Department to assist persons who do not have leave to remain in the State with a re-entry visa prior to travelling.

Refugee Status.

Finian McGrath

Question:

182 Mr. F. McGrath asked the Minister for Justice, Equality and Law Reform the position regarding the reunification of a family (details supplied); and if the maximum support will be given to same. [7465/05]

The application was recently approved and the refugee was notified in writing of the decision.

Garda Deployment.

Seán Ryan

Question:

183 Mr. S. Ryan asked the Minister for Justice, Equality and Law Reform if, in view of the unacceptable increase in anti-social behaviour in Donabate, County Dublin, a Garda station will be provided and additional Garda resources arranged in the interim to be specifically dedicated to the Donabate peninsula. [7469/05]

I have been informed by the Garda authorities, who are responsible for the detailed allocation of resources, including personnel, that Donabate forms part of the Swords subdistrict and that personnel attached to Swords Garda station are charged with the responsibility for the provision of a full policing service in the neighbourhood.

The personnel strength of Swords Garda station, all ranks, as at 1 March 2005, was 68. The personnel strength of Swords Garda station, as at 1 March 2004, was 56. This represents an increase of 12, or 21%, since that date. There are no plans to establish a Garda station in the Donabate area. A structured and effective policing programme is in force in the subdistrict supported by several specialist units — the divisional task force, divisional traffic unit, district detective unit, district drugs unit and the special detective unit. Community gardaí are assigned to the area and I am advised they have an excellent rapport with the local community.

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 An Agreed Programme for Government commitment in this regard. This is a key commitment in the programme for Government, and its implementation will significantly strengthen the operational capacity of the force.

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

School Transport.

Martin Ferris

Question:

184 Mr. Ferris asked the Minister for Education and Science if it will be possible to provide a school bus to take a person (details supplied) in County Kerry to school. [7317/05]

Under the terms of the primary school transport scheme, children are eligible, subject to conditions, for free transport to their nearest national school or school of amalgamation. Pupils not attending their nearest national school may, subject to conditions, avail of concessionary fare-paying transport to another school, subject to spare accommodation being available on the bus and provided that no extra State cost is incurred by extending or re-routing the service. In this case the child referred to by the Deputy is not attending her nearest national school and is availing of concessionary fare-paying transport. The present service is the most that can be offered as additional costs would be incurred by extending the service.

Special Educational Needs.

Emmet Stagg

Question:

185 Mr. Stagg asked the Minister for Education and Science if she will consult schools before making any decision to change to a weighted system of allocating support to children with special educational needs; and if she will make a statement on the matter. [7339/05]

Emmet Stagg

Question:

186 Mr. Stagg asked the Minister for Education and Science if she will maintain the current system of allocation of resource teaching support for children with special educational needs to ensure that children who need learning support receive it; and if she will make a statement on the matter. [7340/05]

I propose to take Questions Nos. 185 and 186 together.

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 those disability categories. That 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 those 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 told the Dáil on a number of occasions, I am however very conscious of difficulties that could arise regarding 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 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 those children be considered individually. Those 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.

Schools Refurbishment.

Willie Penrose

Question:

187 Mr. Penrose asked the Minister for Education and Science if an application by a school (details supplied) in County Longford will be expedited regarding the necessary refurbishments; and if she will make a statement on the matter. [7345/05]

An application for refurbishment has been received from the school to which the Deputy refers. The application has been assessed in accordance with the published prioritisation criteria, which were revised following consultation with the education partners. Progress on the project is being considered in the context of the school building programme.

In that regard, the Deputy will be aware that on 10 January this year I announced the first phase of the 2005 school building programme, which provided details of 122 major school building projects countrywide which will prepare tenders and move to construction during 2005. The Deputy will also be aware that last week I announced details of an expansion of the number of schools that will be invited to deliver their building projects on the basis of devolved funding.

Those announcements form part of a series that I plan to make regarding the schools building and modernisation programme that will include: details of schools with projects approved under the 2005 summer works scheme; schools whose projects will further progress through the design process; schools that will be authorised to commence architectural planning; and details of schools identified as suitable for construction under public private partnerships.

Schools Building Projects.

Breeda Moynihan-Cronin

Question:

188 Ms B. Moynihan-Cronin asked the Minister for Education and Science the position regarding the provision of an amalgamated secondary school (details supplied) in County Kerry; and if she will make a statement on the matter. [7346/05]

I am pleased to inform the Deputy that approval has recently been given for the design team to invite tenders, subject to some amendments being made to the tender documentation, for the new school project to which she refers.

Construction will commence as soon as possible thereafter subject to a satisfactory outcome to the tender process.

Pupil-Teacher Ratio.

Fergus O'Dowd

Question:

189 Mr. O’Dowd asked the Minister for Education and Science the progress she has made in reducing the pupil-teacher ratio in primary schools as promised in the Programme for Government. [7352/05]

The Deputy should note that significant improvements have been made in this area in recent years. The pupil-teacher ratio, which includes all the teachers in the school including resource teachers, has fallen from 22.2:1 in the 1996-97 school year to 17.44:1 in 2003-04. Over 4,000 additional teachers have been employed in our primary schools since 1997. These additional teaching posts have been used to reduce class sizes, tackle educational disadvantage and provide additional resources for children with special needs.

In line with the programme for Government commitment, class sizes for the under nine's will be reduced still further, with priority given to those in disadvantaged schools.

Schools Building Projects.

Emmet Stagg

Question:

190 Mr. Stagg asked the Minister for Education and Science when tenders will be invited for the new school for a school (details supplied) in County Kildare; the anticipated timeframe for construction; and if she will make a statement on the matter. [7353/05]

The project referred to by the Deputy is listed among the large scale projects on the capital programme for 2005 which have been approved to move to tender and construction over the next 12 to 15 months.

My Department's building unit arranged a general information session for all schools on this list to guide them through the process involved. The meeting took place on 1 February in Tullamore and representatives from the school in question attended. My Department's building unit will be in touch with the school shortly to progress the project further.

Emmet Stagg

Question:

191 Mr. Stagg asked the Minister for Education and Science when tenders will be invited for the required extension to a school (details supplied) in County Kildare; the anticipated timeframe for construction; and if she will make a statement on the matter. [7354/05]

I am pleased to inform the Deputy that an extension project at the school to which he refers is on the list of projects approved to proceed to tender and construction in the next 12 to 15 months.

Approval has recently been given to the school authority, County Kildare VEC, to prepare the tender documentation for this project. This will also involve advertising the project for expressions of interest from contractors.

When the VEC has completed this work my Department will be in contact with it regarding the invitation of tenders from short-listed contractors. Subject to a satisfactory outcome to the tender process the project will then be proceeding to construction.

School Accommodation.

Emmet Stagg

Question:

192 Mr. Stagg asked the Minister for Education and Science the amount allocated to a school (details supplied) in County Kildare for the provision of temporary accommodation; if the accommodation is a double or single prefab; and when the prefab will be in place at the school. [7355/05]

I am pleased to inform the Deputy that the school in question has been allocated one76 sq. m. temporary mainstream classroom. My Department's school building section will be contact with the school's management authorities as soon as possible advising them on how to progress the project.

Emmet Stagg

Question:

193 Mr. Stagg asked the Minister for Education and Science if her attention has been drawn to the serious problem with accommodation at a school (details supplied) in County Kildare; the reason she did not include this school in her allocation of temporary accommodation; and if she will make a statement on the matter. [7356/05]

The school to which the Deputy refers did not apply to my Department for temporary accommodation for the 2005-06 school year nor has my Department any record of a current application for additional permanent accommodation. If the school authority has concerns about its accommodation, it should make contact with the school planning section of my Department for advice.

Emmet Stagg

Question:

194 Mr. Stagg asked the Minister for Education and Science if her attention has been drawn to the serious problem with accommodation at a school (details supplied) in County Kildare; the reason she did not include this school in her allocation of temporary accommodation; and if she will make a statement on the matter. [7357/05]

The school to which the Deputy refers did not apply to my Department for temporary accommodation for the 2005-06 school year nor has my Department any record of a current application for additional permanent accommodation. If the school authority has concerns about its accommodation, it should make contact with the school planning section of my Department for advice.

Schools Building Projects.

Emmet Stagg

Question:

195 Mr. Stagg asked the Minister for Education and Science if she will sanction the invitation of tenders for the required extension to a school (details supplied) in County Kildare in 2005; and if she will make a statement on the matter. [7358/05]

The building project for the school referred to by the Deputy is at an early stage of architectural planning.

I recently announced details of 122 major schools building projects that will progress to tender and construction phase over the next 12 to 15 months under the €3.4 billion multi-annual funding secured for the years 2005-09. I also announced the next phase of the programme under which 192 schools will be allocated funding to undertake projects, such as extensions and refurbishments. These projects will proceed immediately, on a devolved basis, which means that the school authorities will control the planning and construction phases of the improvement works at their own schools.

I am anxious to ensure that a consistent flow of projects to tender and construction can be sustained into the future. I plan to make a number of announcements in the near future in respect of the school building and modernisation programme, including details of those school projects which will further progress through the design process. All projects in architectural planning, including the school in question, will be considered as part of this process.

Emmet Stagg

Question:

196 Mr. Stagg asked the Minister for Education and Science if she will sanction the invitation of tenders for the required extension to a school (details supplied) in County Kildare in 2005; and if she will make a statement on the matter. [7359/05]

My Department is moving towards a model of devolving the responsibility of building projects to school management authorities where appropriate. The devolving of funding to local level will accommodate school authorities to have responsibility and ownership of their building projects and assist in moving projects in a specific timeframe through the design process, to tender action and construction.

I am pleased to inform the Deputy that the school in question has been included for additional accommodation under the devolved permanent initiative 2005 which I announced last week.

Emmet Stagg

Question:

197 Mr. Stagg asked the Minister for Education and Science if she will sanction the invitation of tenders for the required renovations to a school (details supplied) in County Kildare in 2005; and if she will make a statement on the matter. [7360/05]

The project at the school to which the Deputy refers has been assessed in accordance with the published prioritisation criteria, which were revised following consultation with the education partners. In this regard, the Deputy may be aware that I recently announced the first phase of the 2005 school building programme which provided details of 122 major school building projects countrywide that will prepare tenders and move to construction during 2005. In addition, I have further approved the next phase of the programme under which 192 schools will be allocated funding to undertake projects, such as extensions and refurbishments. These projects will proceed immediately on a devolved basis.

Further phases of the school building and modernisation programme are nearing finalisation and I will be making announcements on these in the coming weeks to include: expansion of the number of schools and extension of the scope of the projects approved under the summer works scheme; schools that will be authorised to commence architectural planning; schools whose projects will further progress through the design process; and details of schools identified as suitable for construction under public private partnerships.

Emmet Stagg

Question:

198 Mr. Stagg asked the Minister for Education and Science if she will sanction the invitation of tenders for the required 17 additional classrooms for a school (details supplied) in County Kildare in 2005; and if she will make a statement on the matter. [7361/05]

Phase 2 of the extension project at the school to which the Deputy refers has been assessed in accordance with the published prioritisation criteria, which were revised following consultation with the education partners. Progress on this project is being considered in the context of the school building programme. In this regard, the Deputy may be aware that I recently announced the first phase of the 2005 school building programme which provided details of 122 major school building projects countrywide that will prepare tenders and move to construction during 2005. In addition, I have further approved the next phase of the programme under which 192 schools will be allocated funding to undertake projects, such as extensions and refurbishments. These projects will proceed immediately on a devolved basis.

Further phases of the school building and modernisation programme are nearing finalisation and I will be making announcements on these in the coming weeks to include: expansion of the number of schools and extension of the scope of the projects approved under the summer works scheme: schools that will be authorised to commence architectural planning; schools whose projects will further progress through the design process; and details of schools identified as suitable for construction under public private partnerships.

Site Acquisitions.

Emmet Stagg

Question:

199 Mr. Stagg asked the Minister for Education and Science if the OPW has investigated the site for the new national school for Kill, County Kildare; when a report on the site investigation will issue to the school board of management; when a decision will be made in relation to purchasing the site; and if she will make a statement on the matter. [7362/05]

The property management of the OPW, which acts on behalf of my Department as regards site acquisitions generally, is continuing to explore the possibility of acquiring a site for Kill national school, Kill, County Kildare. Due to the commercial sensitivities of site acquisitions, it is not proposed at this stage to identify specific sites to be acquired.

Schools Recognition.

Emmet Stagg

Question:

200 Mr. Stagg asked the Minister for Education and Science if permanent recognition of a school (details supplied) in County Kildare has been sanctioned; and if she will make a statement on the matter. [7363/05]

An application for permanent recognition from the school to which the Deputy refers is currently under consideration in the school planning section of my Department. As part of the examination, factors such as the long-term viability of the school, current and projected enrolments and suitability of accommodation is being considered.

Schools Refurbishment.

Emmet Stagg

Question:

201 Mr. Stagg asked the Minister for Education and Science when she will announce the allocation of funds towards the summer works scheme 2005; if her attention has been drawn to the urgent need to address the provision of a covered walkway at a school (details supplied) in County Kildare; and if she will make a statement on the matter. [7365/05]

The school to which the Deputy refers has submitted an application for grant aid under the summer works scheme, SWS, 2005 for a covered walkway. All SWS applications are currently being assessed in the school planning section of my Department. I intend to publish the list of successful applicants in the near future.

School Placement.

Ruairí Quinn

Question:

202 Mr. Quinn asked the Minister for Education and Science if he will list the primary schools and the number of places available in each school in the Dublin 4 area. [7392/05]

The primary schools operating in Dublin 4 and their current enrolment are as follows: 18569J, St. Declan's Special School, Northumberland Road, 44 pupils; 15253N, SN Naomh Pádraig, Cambridge Road, 130 pupils; 19727G, St. Mary's Central NS, Belmont Avenue, 248 pupils; 11894I, Scoil Mhuire, Dumhach Tragh, 271 pupils; 16567S, St. Brigid's Convent NS, Haddington Road, 198 pupils; 17279S, Scoil Mhuire, Haddington Road, 125 pupils; 03917V, Naomh Pádraig Boys, Ringsend, 92 pupils; 15995L, Canon O'Hanlon Memorial School, Sandymount, 314 pupils; 18282M, SN Paróiste Maitiú NFA, Cranfield Place, 91 pupils; 18370J, Íoclann na Pailirise Sp. School, Sandymount, 56 pupils; 20103V, John Scottus National School, Northumberland Road, 218 pupils.

The exact capacity of each school is not readily available. I would like to point out to the Deputy, however, that increasing space norms and reductions in the pupil-teacher ratio combined with significant increases in ex-quota staff in recent years effectively mean that the actual number of classrooms in a school may not directly relate to its capacity.

Ruairí Quinn

Question:

203 Mr. Quinn asked the Minister for Education and Science if she will report on the projections for growth in demand for primary school places in the Dublin 4 area; the basis on which the calculations have been made; the consultations she has had with principals and boards of management of primary schools; and if she will make a statement on the matter. [7393/05]

The process of assessing the need for new or additional educational facilities at primary or post-primary level in any given area entails consideration of all relevant factors, including enrolment and demographic trends, housing and other developments and the capacity of existing schools to meet the demand for places.

As part of this process, my Department is included among the prescribed authorities to whom local authorities are statutorily obliged to send draft development plans or proposed variations to development plans for comment. As a matter of course meetings are arranged with local authorities to establish the location, scale and pace of any major proposed developments and their possible implications for school provision.

With regard to the planning of educational provision in areas of proposed regeneration, the Department seeks to optimise the use of existing provision in the first instance. It is necessary to adopt this approach due to the limited availability and prohibitive costs of new sites in such areas.

Officials in the Department's school planning section are strengthening contacts with local authorities to enable informed decisions to be made in planning future educational provision. For example, a specific forum, the Dublin School Planning Committee, chaired by officials of the Department, interacts with the Dublin local authorities. This forum comprises representatives of the local authorities in Dublin together with representatives of the patron bodies of primary schools and works proactively in monitoring demographic changes and their likely impact.

With regard to the Dublin 4 area, enrolment in primary schools is in general decline and I am satisfied that existing capacity is adequate to meet current and emerging demand. The Department has not been made aware of any particular difficulties being experienced by parents seeking school places for their children in this general area.

If the management authority of any school in particular is experiencing an increase in demand and is unable to meet this demand it should contact the Department's school planning section. A decision on the school's application will be made as soon as possible.

Departmental Planning.

Ruairí Quinn

Question:

204 Mr. Quinn asked the Minister for Education and Science if she will report on her Department’s system of forward planning in order to enable it to anticipate an increase in demand for primary school places in existing built-up urban areas which are undergoing significant rejuvenation, such as the area contained within the remit of the Dublin Docklands Development Authority; and if she will make a statement on the matter. [7394/05]

The process of assessing the need for new or additional educational facilities at primary or post-primary level in any given area entails consideration of all relevant factors, including enrolment and demographic trends, housing and other developments and the capacity of existing schools to meet the demand for places. As part of this process, my Department is included among the prescribed authorities to whom local authorities are statutory obliged to send draft development plans or proposed variations to development plans for comment. As a matter of course meetings are arranged with local authorities to establish the location, scale and pace of any major proposed developments and their possible implications for school provision. The local authority is requested to reserve a site for educational purposes if this is deemed necessary.

With regard to the planning of educational provision in areas of proposed regeneration, my Department seeks to optimise the use of existing provision in the first instance. It is necessary to adopt this approach due to the limited availability and prohibitive costs of new sites in such areas. Officials in the school planning section of my Department are strengthening contacts with local authorities to enable informed decisions to be made in planning future educational provision. For example, the Dublin school planning committee, chaired by officials of my Department, interacts with the Dublin local authorities. This forum comprises representatives of the local authorities in Dublin together with representatives of the patron bodies of primary schools and works proactively in monitoring demographic changes and their likely impact.

Coeducational Schools.

Ruairí Quinn

Question:

205 Mr. Quinn asked the Minister for Education and Science if she will report on the policy in respect of the desirability of an integrated coeducational single management structure for schools in cases in which boys and girls schools had previously been built side by side, on the one site; and if she will make a statement on the matter. [7395/05]

The position whereby some schools adjacent to each other operate on a single sex basis stems from a traditional approach to primary school education in this country. The vast majority of our schools are privately owned and managed and the question of ethos is, therefore, a matter for their trustees. However, schools wishing to change their status to become coeducational facilities or who wish to amalgamate to form a single coeducational facility should contact the school planning section of my Department for advice on how to make an application in this regard. All newly recognised national schools operate on a coeducational basis.

School Inspections.

Ruairí Quinn

Question:

206 Mr. Quinn asked the Minister for Education and Science the number of inspections that have taken place between January 2004 and January 2005 in primary schools in Dublin 2, 4 and 6; if the reports of these inspections are available for the board of management and principals of each school; and if she will make a statement on the matter. [7396/05]

Six school inspections, involving the work of 71 teachers, have taken place in primary schools in Dublin 2, 4 and 6 between January 2004 and January 2005. In four cases the evaluation report has been issued to the board of management of the school and to the school principal. A fifth inspection report will issue to the relevant school very shortly. In the sixth case, due to the absence of the reporting inspector on special leave, issue of the inspection report has been deferred until June 2005 with the agreement of the school. In addition, 32 teachers have been probated through the inspection process in the same area.

Special Educational Needs.

Ruairí Quinn

Question:

207 Mr. Quinn asked the Minister for Education and Science the number of pupils who are availing of special needs resource assistants in terms of classroom assistants, teachers or other special and additional provisions for the academic year 2004-05 in each primary school in the Dublin 2, 4 and 6 areas; the outstanding requests for each school; and if she will make a statement on the matter. [7397/05]

The information requested by the Deputy in relation to the specific areas in question is not available in my Department. However, I would like to assure the Deputy that 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.

With effect from 1 January 2005, the National Council for Special Education 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 will process the relevant application for resources 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, including those in the areas referred to by the Deputy, 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 and I believe that the steps taken in recent years and those currently in hand represent significant progress in the development of those services.

There are now nearly 6,000 special needs assistants in our schools, compared to just 299 in 1998 and 2,600 resource teachers, compared to just 104 in 1998. The enactment of the Education for Persons with Special Educational Needs Act and the establishment of the National Council for Special Education have provided the key to underpin service delivery in the future.

Primary School Ownership.

Ruairí Quinn

Question:

208 Mr. Quinn asked the Minister for Education and Science the number of primary schools in the Dublin 2, 4 and 6 areas which are owned and under the control of her Department; and if she will make a statement on the matter. [7398/05]

There are different management and ownership structures for primary schools. The vast majority of denominational and multi-denominational primary schools are owned by the relevant patron.

Sites and school buildings for Gaelscoileanna are vested in the Minister for Education and Science. Since 1999, the state offers to provide the full cost of sites for all new schools at both primary and post-primary level. Where the State bears the cost of the site purchase, new school buildings provided on these sites would be vested in the Minister and leased to the school operator. I will arrange for the information to be forwarded directly to the Deputy as soon as possible.

Schools Building Projects.

Joe Walsh

Question:

209 Mr. Walsh asked the Minister for Education and Science if she will approve an extension to a school (details supplied) in County Cork. [7435/05]

The project referred to by the Deputy is listed to proceed to tender and construction over the next 12 to 15 months. My Department's building unit arranged a general information meeting for all schools at this stage to guide them through the process involved in moving projects to tender and construction. The meeting took place on 1 February in Tullamore and representatives from the school in question attended.

The school in question was recently authorised to apply for planning permission and fire certification and to request its design team to draw up tender documentation. When these tasks are completed, my Department will be in contact with the school on the proceeding to tender and construction of the project.

Consultancy Contracts.

Joan Burton

Question:

210 Ms Burton asked the Minister for Education and Science the amount paid in fees or remuneration to a person (details supplied) for consultancy or other work carried out for or on behalf of her Department for each year since 1998; and if she will make a statement on the matter. [7459/05]

No fees or remuneration have been paid to the person in question by my Department since 1998 or at any time for consultancy or any other work.

Defence Forces Training.

Olwyn Enright

Question:

211 Ms Enright asked the Minister for Defence if paragraph 4 of the training instruction 17/87, which requires periodic seminars to be conducted at sub-unit level, were carried out for those involved in a training exercise at the Glen of Imaal on 27 November 2001 prior to that date; and if he will make a statement on the matter. [7329/05]

Olwyn Enright

Question:

212 Ms Enright asked the Minister for Defence further to a previous question, if he is satisfied that exercise instructions are issued prior to the commencement of any exercise; if he is further satisfied that paragraph 4 was properly followed; and if he will make a statement on the matter. [7330/05]

I propose to take Questions Nos. 211 and 212 together.

The items referred to in the Deputy's questions are matters for consideration by the military court of inquiry to which I have referred in previous replies to the House on this incident. The court of inquiry will be held following completion of the civil legal action which has been initiated.

Consultancy Contracts.

Joan Burton

Question:

213 Ms Burton asked the Minister for Defence the amount paid in fees or remuneration to a person (details supplied) for consultancy or other work carried out for or on behalf of his Department for each year since 1998; and if he will make a statement on the matter. [7460/05]

As no consultancy or other work was carried out for or on behalf of my Department by the person referred to by the Deputy, the payment of fees or remuneration does not arise.

Defence Forces Personnel.

David Stanton

Question:

214 Mr. Stanton asked the Minister for Defence if the integrated personal management system report has been completed; when he expects to be in a position to sanction the next commissioning from the ranks late course; and if he will make a statement on the matter. [7468/05]

The White Paper on Defence and the programme for Government recognise the importance of offering rewarding and challenging careers to Defence Forces personnel. In this regard, both provide for the preparation of an updated and comprehensive plan for an integrated personnel management system, IPMS, to address this and related issues. Initial proposals for an IPMS were developed by the military authorities and then referred to the top level civil-military strategic management committee for further development.

Following that process, key IPMS elements are now being implemented in agreement with the representative associations in the context of Sustaining Progress. It is intended that the process will be further developed in the context of the proposed development of a Defence Forces human resources strategy which will provide the overall framework to address all personnel issues, including those raised in the IPMS.

It is against that broad background that discussions are now taking place with the representative associations on the induction of officers to the Permanent Defence Force — Army, Naval Service and Air Corps. The question of commissioning from the ranks, CFR, is being considered in the context of those discussions. I cannot say at this stage when any CFR competition might take place.

Road Network.

Fergus O'Dowd

Question:

215 Mr. O’Dowd asked the Minister for the Environment, Heritage and Local Government if he will make a statement on the proposed bridge at Narrow Water, County Louth. [7372/05]

The initial selection and prioritisation of projects to be funded from non-national road grants in County Louth is a matter for Louth County Council. No application has been received in my Department from Louth County Council for funding in 2005 for a bridge at Narrow Water, County Louth. It is, however, open to the council to prioritise this project for funding under the EU co-financed specific improvement grant scheme in 2006, when applications are sought later this year by my Department.

As this would be a cross-Border project, an agreement with the Roads Service in Northern Ireland would be necessary regarding the project. I understand that no such agreement has yet been concluded.

Emmet Stagg

Question:

216 Mr. Stagg asked the Minister for the Environment, Heritage and Local Government if he has received an application for supplementary funding for roads in the Turnings area of Straffan, County Kildare from Kildare County Council in the context of the Ryder Cup 2006; if he will approve a supplementary grant; and if he will make a statement on the matter. [7378/05]

In 2004, my Department paid a special grant of €1,149,103 to Kildare County Council for improvement works to two roads in County Kildare that will provide access to the Ryder Cup venue, that is, the Kill interchange, N7, to Straffan and Straffan to Barberstown Cross, R403. A further special grant allocation of €4 million has been made to the council in 2005 for improvement works to these roads.

Kildare County Council wrote to my Department in 2004 seeking extra funds of €325,000 for the road from Straffan Bridge to Sallins via Turnings in the event that additional grant monies would become available during 2004. The council was informed that the proposed work would be appropriate to the restoration improvement programme and that it would be open to the council to seek approval to carry out the scheme in 2004 on the basis that the expenditure could be recouped as a first charge in 2005 against the restoration improvement grant or consider including the scheme in the restoration programme for works from 2005 on. The council did not proceed with either of these options.

The council wrote to my Department in January 2005, again seeking extra funds for this road. My Department would have no objection if the council wishes to revise its 2005 restoration improvement programme to include restoration improvement works on this section of road or alternatively include it in its programme of works from 2006 onwards.

Local Authority Funding.

Emmet Stagg

Question:

217 Mr. Stagg asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the serious problem facing applicants for disabled persons grants in County Kildare; the reason he will not consider making a supplementary sum available of €3.6 million to the council to clear the backlog on the basis of 100% funding from his Department, thereby releasing the council from providing its 33%; if there was ever a previous case in which 100% funding was provided in the State; and if he will make a statement on the matter. [7380/05]

It is a matter for local authorities to decide on the level of funding to be provided for the disabled persons grant scheme in their area from within the allocation notified to them for disabled persons and essential repairs grants by my Department and to manage the operation of the schemes from within this allocation. My Department recoups to local authorities two thirds of their expenditure on the payment of individual grants and it is a matter for the authorities to fund the remaining one third from their own revenue resources with amounts provided for that purpose in their annual estimates of expenses.

All authorities have been asked to indicate their capital requirements and proposals for the funding of their own one third contribution for these schemes in 2005 and on receipt of this information the available funding will be allocated to authorities. The requirements of Kildare County Council will be considered in this context.

In relation to the provision of 100% funding, for the scheme, section 4(iv) of the Housing (Disabled Persons and Essential Repairs Grants) Regulations 2001 allows the recoupment to a local authority of a contribution which does not exceed two thirds of the amount of the grant, or €13,546.67, whichever is the lesser. It is not, therefore, open to my Department to recoup 100% of expenditure in the case of Kildare County Council. In specific instances, approval has been given to local authorities to use internal capital receipts which are surplus to the funding requirements of their housing construction and remedial works schemes to supplement their revenue provision for disabled persons and essential repair grants.

I am aware of the situation in Kildare. Officials from my Department met with council officials last November to discuss their operation of their disabled persons and essential repairs grant schemes. The council undertook to examine further certain aspects of the operation and funding of the scheme and to revert to my Department in this regard.

Water and Sewerage Schemes.

Emmet Stagg

Question:

218 Mr. Stagg asked the Minister for the Environment, Heritage and Local Government if he will sanction the tender documents for the sewerage and surface water contracts for Straffan village, County Kildare; and if he will make a statement on the matter. [7384/05]

These works form part of the lower Liffey valley sewerage scheme which is included in my Department's water services investment programme 2004-2006 as a scheme to commence construction this year. In December 2004 my Department approved Kildare County Council's proposals to proceed with the Straffan element in advance of the rest of the lower Liffey valley scheme with a view to the works being carried out in conjunction with planned road improvements. The council's contract documents for the Straffan works are now under examination in my Department and are being dealt with as quickly as possible.

Archaeological Sites.

Brian O'Shea

Question:

219 Mr. O’Shea asked the Minister for the Environment, Heritage and Local Government when he proposes to make formal contact with the National Roads Authority regarding the Viking site (details supplied) in County Waterford; and if he will make a statement on the matter. [7386/05]

As indicated in the reply to Question No. 183 of 24 February 2005, I am at present consulting with the director of the National Museum about directions under the National Monuments Act 1930, as amended, concerning the Viking site at Woodstown. I hope to be in a position to determine the matter and notify the road authority and the NRA later this month.

Architectural Heritage.

Joe Walsh

Question:

220 Mr. Walsh asked the Minister for the Environment, Heritage and Local Government the progress he is making in securing the future of Ireland’s historic heritage, including great houses and heritage properties; and if he will make a statement on the matter. [7434/05]

Statutory protection of the architectural heritage is primarily a matter for the planning authorities to whom my Department provides advice in the exercise of their functions under the Planning and Development Act 2000. In that regard, I recently issued the architectural heritage protection guidelines to assist planning authorities in implementing the legislation.

These guidelines include the criteria to be applied by planning authorities when selecting proposed protected structures for inclusion in the record of protected structures, as well as other advice for the performance of their functions under Part IV of the Planning and Development Act 2000. The guidelines also provide useful information and advice to owners and occupiers of protected structures.

Under the 2000 Act, the Minister may also make recommendations to planning authorities concerning the inclusion in the record of protected structures of any particular building or structure. Based mainly on the results of surveys carried out in the compilation of the national inventory of architectural heritage by my Department, recommendations have to date been made to 54 planning authorities covering over 11,700 buildings. Inclusion in the record of protected structures places a duty of care on the owners of protected structures and also gives planning authorities powers not only to deal with development proposals affecting them, but also to seek to safeguard their future.

A range of financial supports is available to the owners of our architectural heritage from local authorities, the Heritage Council and my Department, and from the tax relief available under section 482 of the Taxes Consolidation Act 1997. Considerable support for architectural heritage is also provided through the ongoing conservation and presentation of the State's own portfolio of historic properties.

To further enhance the protection of our architectural heritage, I am considering an initiative to develop new methods of supporting the preservation of key heritage buildings. My Department engaged consultants to examine the question of facilitating the emergence of a national trust and other trust-type organisations which might, independently of Government, acquire and manage such heritage properties.

My Department is at present evaluating the recommendations of the consultant's report and I hope to bring proposals to Government in the near future.

Departmental Expenditure.

Joan Burton

Question:

221 Ms Burton asked the Minister for the Environment, Heritage and Local Government the amount paid in fees or remuneration to a person (details supplied) for consultancy or other work carried out for or on behalf of his Department for each year since 1998; and if he will make a statement on the matter. [7461/05]

My Department is not aware of any payments made to the person named for consultancy or other work carried out on behalf of the Department since 1998.

Traveller Accommodation.

Finian McGrath

Question:

222 Mr. F. McGrath asked the Minister for the Environment, Heritage and Local Government if the maximum support will be given in the case of a person (details supplied) in County Roscommon; and if he will work with Roscommon County Council on the matter. [7466/05]

I refer to the reply to Question No. 1339 of 26 January 2005. The position is unchanged.

Planning Issues.

Finian McGrath

Question:

223 Mr. F. McGrath asked the Minister for the Environment, Heritage and Local Government if he has satisfied himself that corruption has ended in the planning process; his views on the increase in the number of cases of builders receiving retentions for planning breaches; and his proposals to safeguard the planning system. [7467/05]

The Tribunal of Inquiry into Certain Planning Matters and Payments was established in 1997 to investigate acts of planning corruption, and is continuing its work. To date, it has issued four interim reports. While the tribunal has, to date, not issued recommendations for legislative change, the Government has already introduced various new measures to prevent acts of corruption in the planning process.

The Planning and Development Act 2000 extended the existing rules relating to ethics for planning authority staff. Part 15 of the Local Government Act 2001 introduced a comprehensive ethics regime for councillors and local government employees, which came into effect on 1 January 2003. This regime includes an annual declaration of interests, disclosure of interests as a matter arises, and a public register of interests. This regime was further enhanced by the national codes of conduct for councillors and employees, which issued last year.

The Ethics in Public Office Act 1995 and the Standards in Public Office Act 2001 also introduced measures in the areas of disclosure of interests and conduct of public officials. Under the Prevention of Corruption (Amendment) Act 2001, corruption is presumed where there is proof that certain persons in public office have received money or other benefits from a person who has an interest in the outcome of decisions, including planning decisions.

The decision as to whether a person obtains permission to retain an unauthorised development rests with the planning authority and An Bord Pleanála on appeal. My Department has no function in this area, other than potentially to offer advice in any relevant case regarding the protection of the built and natural heritage.

Decisions on enforcement in particular cases are a matter for the planning authorities in question. Part VIII of the Planning and Development Act 2000 greatly simplified the existing statutory provisions to make it easier for planning authorities to take enforcement action in cases of breaches in the planning code.

The enforcement provisions in the Planning Act were commenced on 11 March 2002. While it is early to gauge the impact on the overall level of enforcement activity by planning authorities, figures on enforcement actions by planning authorities in 2003 indicate that there has been an increase in the level of convictions, as compared to 2002.

I am satisfied that the planning legislation gives planning authorities sufficient powers to enforce planning and development control. However, I will continue to keep the implementation of the enforcement provisions of the 2000 Act under review.

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