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Dáil Éireann debate -
Wednesday, 9 Mar 2005

Vol. 599 No. 3

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 6, inclusive, answered orally.
Questions Nos. 7 to 46, inclusive, resubmitted.
Questions Nos. 47 to 56, inclusive, answered orally.

School Curriculum.

John Gormley

Question:

57 Mr. Gormley asked the Minister for Education and Science if her attention has been drawn to the sharp drop that takes place in female participation in sport at senior cycle; the programmes which are in place to increase the participation of women in sport at primary and second level; if her attention has further been drawn to the Title IX funding law in the United States which covers all educational activities including sport; if she will examine the possibility of introducing similar legislation here to level the playing field; and if she will make a statement on the matter. [7946/05]

I am aware of the decline in female participation in sports that seems to occur around the age of 14 years. This situation is not unique to Ireland; it is common internationally. The drop in female participation in PE at leaving certificate level is a source of concern. My Department, in conjunction with the Department of Health and Children and other bodies such as the National Sports Council, is examining ways to address this. Inter-departmental co-operation is important on this issue given the Department of Health and Children's health promotion function and its role in convincing young women of the benefits of exercise.

It is important within the curriculum to ensure that sports and physical education is available within all schools. It is government policy to encourage and promote sport for all in schools. The policy of my Department is to facilitate this by means of a broad and balanced physical education curriculum for schools at primary and post-primary levels.

At primary level, physical education is one of the seven curriculum areas within the primary school curriculum which was revised in 1999. A minimum of one hour of physical education per week is recommended for all primary school pupils. The curriculum has been structured so as to allow individual schools a high degree of flexibility and choice in the planning of a broad and balanced physical education programme for pupils and includes six broad strands featuring athletics, dance, gymnastics, games, outdoor and adventure activities and aquatics. Implementation of the PE curriculum in primary schools is being supported by an in-service training programme for teachers over 2004/5 and 2005/6.

Second level schools should offer a physical education programme based on an approved syllabus with teaching hours registered on the school timetable. The time recommended for physical education is two hours per week. The phasing in of a revised syllabus for physical education at junior cycle began in September 2003. The syllabi both at primary and second level have been developed on the understanding that facilities available in schools vary. Consequently, they offer flexibility regarding the physical activities undertaken so that each individual school can design a programme that can be delivered using the resources and supports available to the school.

In addition to the above, schools in Ireland have a strong tradition of developing sport outside the school timetable, and sports organisations such as the GAA, FAI, Basketball Ireland, the Irish Sports Council and local sports partnerships provide extensive opportunities for schools to participate in sport.

Title IX is a United States federal law that requires almost all elementary, secondary schools, colleges and universities to provide equitable educational opportunities to male and female students, including within their sports programmes. Within Ireland, the Equality Act 2004 and the Equal Status Act 2000 guarantee that individuals will not be discriminated against on account of their gender. Educational institutions are obliged to comply with the terms of those Acts. I do not consider that additional legislation is required.

Dan Boyle

Question:

58 Mr. Boyle asked the Minister for Education and Science if she will report on the papers presented to her by the NCCA at the end of January 2005; and if she will be acting upon the recommendations contained therein. [7950/05]

Willie Penrose

Question:

121 Mr. Penrose asked the Minister for Education and Science if she has received and will publish the NCCA report on changes to the structure and content of the leaving certificate examination; if she has given consideration to any of the proposals contained therein; if she has considered the wage and staff implications of such changes; and if she will make a statement on the matter. [7964/05]

I propose to take Questions Nos. 58 and 121 together.

Initial advice on the reform of the senior cycle was submitted by the NCCA to my Department in June 2004 and it indicated that a further advice would be submitted early in 2005 setting out the configuration of subjects, short courses and options, and the assessment and implementation implications of the proposals. That second advice, which will enable my Department to assess the resource and operational implications of the proposals, has not yet been received.

The NCCA proposals set out a vision for the type of school system which might exist by 2010. The proposals envisage a re-structured senior cycle curriculum consisting of transition units, short courses and subjects. The option of a two or three year cycle would be retained and the leaving certificate applied programme would continue as a discrete programme. All pupils, including LCA pupils, would follow at least one transition unit and many pupils would take a greater number.

The proposals provide also for an increased emphasis on a wider range of modes of assessment such as practical/portfolio/project work and with more frequent assessment events. However, as with the present system, assessment will continue to be predominantly on the basis of examinations which are externally set and externally marked. This is in keeping with international trends in high stakes examinations.

Overall the proposals set out a long-term vision for fundamental reform in senior cycle provision which will have significant policy, resource, professional development, staffing, assessment, equipment and infrastructural implications for the education system into the future. These issues must all be explored thoroughly before a decision on implementation can be made. The receipt of the NCCA's second advice, which is not expected to be finalised until after Easter, is an important step in that process of analysis, and detailed costings of resource implications have not been prepared by my Department in the interim.

I am aware of the issues which emerged in the NCCA's public consultation process and research on the future of senior cycle in Ireland, and of the continuing dialogue which is being undertaken through the NCCA's collaborative structures in finalising the second stage of its advice to me. I look forward to receiving that advice at an early date and to giving it careful and thorough consideration.

We must ensure that, as our education system continues to evolve in the knowledge society, reforms build on the existing strengths of the system while addressing its weaknesses. We need reforms that are designed to ensure that our system has integrity, relevance and quality for all our students, including those that are currently served well and those whose needs are not being as well met at present. It is important to ensure that any reform of senior cycle, first, preserves confidence in the system and maintains the strengths of the existing leaving certificate in terms of objectivity, integrity and public and employer confidence and, second, achieves the right balance between structured and independent learning for students.

School Staffing.

Martin Ferris

Question:

59 Mr. Ferris asked the Minister for Education and Science if, in view of the higher than anticipated number of teachers retiring in 2004, she will give an impact report on services, particularly class sizes and the pupil/teacher ratio following these retirements. [7753/05]

Each year my Department decides on the number of places to be provided on the teacher training programmes, both in respect of school leavers and postgraduate applicants, in the colleges of education, having regard to the projected demand for qualified primary teachers. Among the factors which are taken into account in arriving at the decision is the projected number of retirements.

In 2004, a large number of teachers retired. While teachers generally do not have to indicate the reason for retirement, it appears that the main reason for the substantial increase in numbers in 2004 was that many teachers, who might have otherwise retired in 2003, remained in service to benefit in retirement lump sums from the substantial pay increases due for payment in 2004. A repeat of these higher numbers retiring is not anticipated in the current year.

The total intake to the colleges of education has more than doubled since 1995/96, from 500 students in 1995/96 to 1,280 students this year. In addition, graduates of the new primary teacher training course, which is being accredited by HETAC and delivered by Hibernia College, an online third level educational company, will be recognised for the purposes of primary teaching.

The substantial increase in the number of newly trained teachers coming out of the training colleges in recent years has ensured that in addition to replacing retiring teachers, enough newly qualified teachers have been available to achieve significant reductions in the pupil teacher ratio and in class sizes. The average class size at primary level is now 23.9, down from 26.6 in 1996/97. The pupil teacher ratio, which includes all the teachers in the school including resource teachers, has fallen from 22.2:1 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, to tackle educational disadvantage and to provide additional resources for children with special needs.

Significantly smaller class sizes have been introduced in disadvantaged schools involved in the Giving Children an Even Break/ Breaking the Cycle programme, with approximately 47,700 pupils in 243 participating schools availing of reduced class sizes of either 15 or 20 pupils per class.

Schools Building Projects.

Richard Bruton

Question:

60 Mr. Bruton asked the Minister for Education and Science if she is in discussion with any private companies with regard to the provision of new school buildings; and if she will make a statement on the matter. [7860/05]

As a general point, both my Department and the Office of Public Works, which acts on my Department's behalf in site acquisitions, may deal with private companies in the acquisition of land. With regard to those building projects where the Minister is formally the client, as distinct from the school board of management, my Department engages directly with firms for architectural, engineering and quantity surveying services and the awarding of construction contracts. However, the school management authority is the client in the vast majority of school building projects as schools are not typically owned by the State.

From time to time officials in my Department's planning and building unit receive proposals generally through schools, but occasionally directly, from private companies regarding the provision of either sites for schools or new school buildings. These proposals are typically from developers who may also be in discussions with local authorities regarding applications for planning permission for housing developments. There are a number of such proposals at various stages of discussion at present. However, none of these discussions is finalised and for reasons of commercial sensitivity I am not in a position to elaborate further at this point.

I can say, however, that most of these proposals involve funding from the State. In considering such proposals my Department first assesses whether they provide value for money for the taxpayer. This is done by way of benchmarking the cost of the proposal against standard costings for new schools or sites as appropriate.

Two other key issues also arise in considering such proposals. The first relates to the priority of the school building project and the band rating assigned to it in accordance with my Department's published criteria. Proposals that involve projects with a high band rating receive priority treatment by my Department compared to those with a lower band rating. The second issue is that any proposal must fully comply with public procurement requirements. The procurement rules ensure that State funded projects must be delivered in a transparent way that ensures an open and fair tender competition. Furthermore, the successful contractor must comply with tax, insurance and other requirements.

Third Level Education.

Joan Burton

Question:

61 Ms Burton asked the Minister for Education and Science the action she is taking to prevent many universities falling into deficit this year; if she will meet with the heads of the universities to discuss their concerns regarding a funding shortfall; and if she will make a statement on the matter. [7983/05]

This Government has been investing heavily in our higher education system and in our third level research infrastructure. An amount of €671.6 million has been allocated to the university sector for 2005. This is an increase of over €41 million or approximately 7% on the 2004 outturn for the sector. The additional funding being provided in 2005 marks a return to the significant upward trend in recurrent funding for the sector and will assist in meeting pay and other cost pressures. It is a matter for each institution to manage its affairs prudently using the funding allocated to it.

The overall provision by my Department to the third level sector, capital and recurrent, will amount to approximately €1.6 billion in funding in 2005. In 1997, when this Government took office, the amount of funding provided to the third level sector was approximately €850 million. The funding being provided in 2005 represents an increase of approximately €750 million or 88% on the 1997 provision.

The OECD review of Irish higher education highlighted the key role of the sector for our future social and economic development. This echoes the report of the Government enterprise strategy group, which states that Ireland's economic development, and the social dividends that flow from that, will depend to a large degree on knowledge and innovation. Supporting our higher education institutions in playing that central role is a major policy priority for the Government.

I have recently met with the heads of universities as part of my consultations on the priorities for moving forward with the implementation of the OECD report. In recognising the importance of a vibrant higher education sector for our future national objectives, I am committed to continuing to work closely with university leadership in advancing progress.

The Deputy will also note that there is a 29% increase in third level research funding as part of the 2005 Estimates. This is evidence of my personal, and indeed the Government's, commitment to research programmes, which play a vital role in developing world class capabilities in research and innovation and give the higher education institutions the necessary resources to meet the challenges of the knowledge society in Ireland.

Special Educational Needs.

Joan Burton

Question:

62 Ms Burton asked the Minister for Education and Science when the review of the proposed weighted system of allocation of resource teaching support will be completed; and if she will make a statement on the matter. [7958/05]

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

The model was constructed so that allocations would be based on pupil numbers, taking into account the differing needs of the most disadvantaged schools and the evidence that boys have greater difficulties than girls in this regard. The advantages of using a general allocation model are as follows: it facilitates early intervention as the resource is in place in the school when the child enrols; it reduces the need for individual applications and supporting psychological assessments; it puts resources in place on a more systematic basis, thereby giving schools more certainty about their resource levels; it gives more security to special education teaching posts and make special education teaching a more attractive option; it allows flexibility to school management in the deployment of resources, leading to a more effective and efficient delivery of services; it will automatically adjust a school's general allocation on the basis of changing enrolment.

I have made it clear that while I am in favour of using a general allocation model for the reasons I have just given, I am conscious of the particular difficulties that the model announced last year could cause for small and rural schools if implemented as originally announced. For this reason I have asked my Department to conduct a review of the model announced last year. The review will be completed in the coming weeks and its outcome will be announced in time to be implemented for the next school year. In carrying out the review, my Department is consulting with representative interests, including the National Council for Special Education.

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

Public Private Partnerships.

Olivia Mitchell

Question:

63 Ms O. Mitchell asked the Minister for Education and Science if, based upon her experience to date of the five PPP schools already delivered, she intends to make changes to the method of agreeing such contracts in the future; and if she will make a statement on the matter. [7859/05]

My colleague, the Minister for Finance, provided a capital envelope of €555 million in respect of education PPPs for the period 2005 to 2009 and I am currently examining how this may be best utilised. A key rationale underpinning the decision to proceed with the initial bundle of five schools was to test the PPP approach in the case of schools, to learn from the experience and thereby to inform future usage of a PPP approach to procuring schools.

Based on the experience to date, a number of issues are under active consideration by my Department and will inform my decision on the allocation of the funds available to me for PPP development. These include the type of PPP model to be used, the level of operation and service to be included in any new programme, how the projects should be bundled so as to provide the most cost effective procurement and the size and geographical spread of the bundles. New building projects on greenfield sites that have been prioritised using the criteria agreed with the education partners, and published by my Department, fit the PPP model best as distinct from projects that involve modernisation of existing buildings. I intend to announce my plans for a further PPP programme in the near future.

One of the attractions of PPPs is speed of delivery. The total time required to procure the five schools using the PPP approach was approximately three and a half years. Under the traditional approach to the procurement of new schools, the comparable elapsed time typically averages four to five years. One of the most striking aspects of the Department's PPP programme to date is the high quality of design and materials. It is clear from the proposals that Jarvis has "spent to save". By investing up front in quality design and construction, the cost of ongoing maintenance over the 25 year contract can be significantly reduced.

Literacy Testing.

Dinny McGinley

Question:

64 Mr. McGinley asked the Minister for Education and Science the amount allocated by her Department towards the purchase of literacy testing documentation in primary schools for each year since 2002; and if she will make a statement on the matter. [7878/05]

My Department has not made a specific financial allocation to primary schools towards the purchase of literacy testing documentation in the period in question. However, my Department's scheme of capitation grants gives schools discretion to purchase materials in accordance with their needs and funds provided under this scheme may be used for the purchase of literacy testing documentation as required. The capitation grant has been increased by 27% to €133.58 in that period.

At present, there are no requirements for schools to carry out literacy tests. However, it is estimated that over 90% of primary schools administer standardised tests in English and mathematics to some classes each year. In response to a request from my predecessor, the National Council for Curriculum and Assessment is currently preparing advice on issues relating to standardised testing for pupils during their compulsory schooling. I understand that the formulation of this advice is at an advanced stage.

I will give further consideration to the issue of specific support for schools for testing documentation when I receive the advice of the NCCA. The Government is committed in the programme for Government to providing support in this area.

Adult Education.

Gay Mitchell

Question:

65 Mr. G. Mitchell asked the Minister for Education and Science when proposals will be brought forward to ensure that every person who leaves school early will be offered the opportunity to undertake adult education; and if she will make a statement on the matter. [7872/05]

My Department's White Paper on adult education, "Learning for Life", identified the need for targeted interventions so as to encourage and support the participation of certain priority groups in adult education. In particular, the White Paper highlighted the allocation of additional resources to address adult literacy needs and the need to provide increased opportunities for adult learners, prioritising the needs of those with less than upper secondary education.

These opportunities are provided by my Department through the availability of a range of second chance education programmes for young people and adults alike who have either left school early or who need further vocational training to enhance their employment prospects. These programmes are provided mainly by the vocational education committees but also in schools and colleges and by community based education groups. The programmes supported by my Department are complemented by a range of courses provided by FÁS and other education and training providers.

Expenditure on further and adult education will rise to approximately €138 million in 2005, representing an increase of €10 million, or nearly 8%, over the provision for 2004. It will provide for an expansion of existing services in the sector in the coming year. A further sum of more than €50 million will be expended on staff salaries in VTOS, Youthreach and senior Traveller training centres. The increases provided in the 2005 Estimates include an additional €2.5 million for adult literacy. Indeed, expenditure on adult literacy programmes has increased 18 fold since 1997.

Student Union Funding.

Kathleen Lynch

Question:

66 Ms Lynch asked the Minister for Education and Science if she has considered the request of the Union of Secondary School Students for funding from her Department to assist in the running of its organisation; and if she will make a statement on the matter. [7962/05]

I met with representatives of the Union of Secondary Students recently and, among other things, we discussed the question of financial support from my Department for the union. I have informed the students that I am willing to consider requests from their organisation for financial assistance for specific projects such as their annual general meeting or the hosting of conferences. However, it is not appropriate for my Department to contribute to the running of a representative body such as USSS. My Department does not provide such funding for the Union of Students in Ireland, nor indeed for the teaching unions.

Schools Building Projects.

Paudge Connolly

Question:

67 Mr. Connolly asked the Minister for Education and Science the progress made on the provision of a further education college facility for Monaghan town; if it will be included in her next capital development list; and if she will make a statement on the matter. [7752/05]

Monaghan Institute of Further Education and Training currently provides 169 PLC places. The college has applied for capital funding and this application has been assessed in accordance with the published prioritisation criteria for inclusion in the school buildings and modernisation programme. It has been agreed that the long-term accommodation needs of the college will be met by way of a new school building and a schedule of accommodation has been agreed with the vocational education committee.

I have made a number of announcements relating to the 2005 school building programme which included details of 122 major school building projects that will move to tender and construction over the next 12 — 15 months and 43 school projects which are being authorised to proceed to architectural planning immediately. I will make further announcements on projects which will progress, on a phased basis, into the architectural planning process in the next 12 to 15 months to ensure that there is a steady flow of projects ready to progress to the next point in the building process. The proposed project for the Further Education College in Monaghan, will be considered in this regard.

Proposed Legislation.

Michael Noonan

Question:

68 Mr. Noonan asked the Minister for Education and Science when the Third Level Student Support Bill will be published; and if she will make a statement on the matter. [7897/05]

In accordance with the commitment in the An Agreed Programme for Government, I propose to introduce a single unified scheme of maintenance grants for students in higher education for the academic year, 2006-7. In this context, I intend to put in place, as early as possible, a more coherent administration system which will facilitate consistency of application and improved client accessibility. This is necessary if we are to ensure public confidence in the awards system and also ensure the timely delivery of grants to those who need them most.

My Department has been engaged in extensive consultations with the key stakeholders and with other relevant Departments to map the most logical and effective arrangements for the future structure and administration of the student support schemes. I expect that these consultations will be concluded shortly.

Whatever new arrangements are eventually decided upon will be provided for in new statutory arrangements through a new Student Support Bill. This Bill, which will provide statutory underpinning for the schemes, will have as a key objective the promotion of equality of access. I envisage that the Bill will also provide for an independent appeals system. I cannot indicate yet when this Bill will be published as its publication is contingent on the range of issues which are the subject of the consultations already mentioned.

Question No. 69 answered with QuestionNo. 52.

Education Welfare Service.

Simon Coveney

Question:

70 Mr. Coveney asked the Minister for Education and Science the average caseload of each education welfare officer; and if she will make a statement on the matter. [7905/05]

The National Educational Welfare Board has indicated to my Department that the average caseload of each educational welfare officer as at end January 2005 was 168 based on a staff complement of 63. In November last, my Department conveyed approval to the NEWB for the recruitment of a further ten educational welfare officers. These additional posts will enable the board to further roll out its services at local level around the country.

The budget which has been allocated to the National Educational Welfare Board for 2005 is €7.8 million, an increase of €1.3 million or 20% on the 2004 allocation. The percentage increase allocated to the board for 2005 is more than double that for the education vote as a whole and this provision will enable the board to continue to develop its services in 2005.

Special Educational Needs.

Bernard J. Durkan

Question:

71 Mr. Durkan asked the Minister for Education and Science her proposals to increase the number of special needs teachers in all primary and second level schools throughout the country in line with actual requirements and in accordance with best practice; and if she will make a statement on the matter. [7992/05]

Every effort is made to ensure that children with special educational needs receive an education appropriate to their needs and in recent years significant additional resources have been made available to schools to enable them to provide for children with such needs.

In this regard, the following dedicated resources are now deployed to support children with special educational needs in the primary system: more than 2,600 resource teachers; more than 1,500 learning support teachers; more than 1,000 teachers in special schools; more than 600 teachers in special classes; nearly 6,000 special needs assistants; more than €30 million on school transport for special needs pupils; more than €3 million towards specialised equipment and materials.

In addition, the level of resources being made available by my Department to support students with special educational needs in the second level system has also grown significantly in recent years. In the current school year to date, my Department has allocated approximately 1,387 whole-time equivalent teachers and approximately 628 special needs assistants to second level schools and VECs to cater for the special educational needs of students at second level. The establishment of the National Council for Special Education is a further major step in ensuring that the requirements of children with special educational needs are identified and the necessary resources put in place in a timely and effective manner.

The issue of providing adequate resources to meet the needs of children with special educational needs will continue to be a priority for me. In this regard, my Department is continuing to take steps to develop 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.

Question No. 72 answered with QuestionNo. 53.

Psychological Service.

Seymour Crawford

Question:

73 Mr. Crawford asked the Minister for Education and Science the number of national schools that are covered by the NEPS service; and if she will make a statement on the matter. [7908/05]

The number of primary schools, including special schools, that have NEPS psychologists directly assigned to them is 1,766. All schools that do not currently have NEPS psychologists assigned to them may avail of the scheme for commissioning psychological assessments, whereby the school can have an assessment carried out by a member of the panel of private psychologists approved by NEPS, and NEPS will pay the psychologist the fees for this assessment directly. Details of this process, and the conditions that apply to the scheme, appear upon the Department's website. NEPS also provides assistance to all schools that suffer from critical incidents, regardless of whether they have a NEPS psychologist assigned to them.

Early School Leavers.

Gay Mitchell

Question:

74 Mr. G. Mitchell asked the Minister for Education and Science the number of students who have failed to make the transition from primary to secondary education for each year since 1999; and if she will make a statement on the matter. [7900/05]

The specific information requested by the Deputy is not available at present. However, the National Economic and Social Forum report of 2002 on early school leaving cited, as a broad estimate, that around 1,000 children do not transfer from primary to post-primary on an annual basis. There is some doubt attaching to this estimated figure of 1,000, which may be an over statement of the true position at this stage.

My Department is currently engaged in analysis work on the development of a primary pupils database. This is a significant and complex project which will, in time, facilitate the collation of much more accurate and comprehensive data on transfer rates.

My Department operates a number of programmes at both primary and post-primary level to tackle the problem of early school leaving. The Giving Children an Even Break programme provides additional financial and teaching supports for children in primary schools from disadvantaged backgrounds who are most at risk of educational disadvantage and early school leaving. A key role in this regard is also played by the home/school/community liaison, HSCL, scheme, which was extended to each of the 312 designated disadvantaged primary schools in the country. This scheme helps parents to develop their skills as the primary educators of their children and also addresses issues in the community impinging on learning and educational participation.

The school completion programme has been implemented to directly target those in danger of dropping out of the education system and is a key component of my Department's strategy to discriminate positively in favour of children and young people who are at risk of early school leaving. The programme is based on an integrated cross community approach to tackling educational disadvantage, involving 82 projects — 300 primary and 112 post primary schools, parents, communities and relevant statutory and voluntary agencies. It entails targeting individual young people of school going age, both in and out of school, and arranging supports to address inequalities in education access, participation and outcomes.

Both the HSCL scheme and all 82 school completion programme projects operate transfer programmes which are very important in assisting pupils in making the transition from primary to post-primary level. The Education Welfare Act 2000 and the establishment of the National Educational Welfare Board provides a comprehensive framework for promoting regular school attendance and tackling the problems of absenteeism and early school leaving. To discharge its responsibilities, the board is developing a nationwide service to provide welfare focused services to children, families and schools. The board currently has an authorised staffing complement of 94.

Literacy Levels.

John Perry

Question:

75 Mr. Perry asked the Minister for Education and Science the level of moderate and severe literacy difficulties at primary level; and if she will make a statement on the matter. [7889/05]

Reading literacy achievement in primary schools is measured using standardised reading tests. Children's achievement scores on these tests are expressed in percentiles from 1 to 99. Those who score at or below the tenth percentile are generally regarded as having serious literacy difficulties and would be given additional supports in school, such as learning support teaching.

At second level, the Programme for International Student Achievement, PISA, survey of 15 year olds conducted in 2000 categorised achievement at five levels of proficiency. Those who had the lowest level of literacy achievement were categorised as "Below Level 1". In Ireland, only 3.1% of children were in this category, well below the OECD average of 6%, while 7.9% of Irish students scored at Level 1, compared to an OECD average of 11.9%. I believe that literacy achievement is fundamental to a sound education and I will continue to give high priority to maintaining and improving literacy standards in primary schools.

Departmental Expenditure.

Seymour Crawford

Question:

76 Mr. Crawford asked the Minister for Education and Science the amount expended on education sector measures since 2000 using moneys from the European community support framework; and if she will make a statement on the matter. [7883/05]

Phil Hogan

Question:

110 Mr. Hogan asked the Minister for Education and Science the amount expended on education sector measures under the national development plan; and if she will make a statement on the matter. [7884/05]

I propose to take Questions Nos. 76 and 110 together.

There is provision in the National Development Plan 2000-2006 for funding in the education sector through the employment and human resources development operational programme, the productive sector operational programme, the two regional operational programmes and the Peace II programme. This provision is targeted at measures to promote social inclusion across all levels of education, expand second chance education and lifelong learning opportunities and modernise education facilities at all levels. There are currently 33 measures supported by the operational programmes, involving programmes and projects of both a capital and current nature.

The total national development plan, NDP, expenditure in the education sector up to the end of 2004 was €5,448.309 million. Elements of this expenditure were co-financed through the community support framework, CSF. The total expenditure on measures co-financed through the CSF up to the end of 2004 was €1,208.662 million. The drawdown of EU funds up to the end of 2004 was €232.373 million. EU funds are drawn down in arrears, following certification and checking of accounts and in accordance with EU rules and procedures.

Substance Abuse.

Paul Connaughton

Question:

77 Mr. Connaughton asked the Minister for Education and Science the steps her Department is taking to tackle alcohol and drug abuse among young people; and if she will make a statement on the matter. [7873/05]

My Department is aware of the concerns which have been raised about young people's behaviour with alcohol and drugs. For most young people, it is the misuse of substances — particularly alcohol — which is the greatest threat to their physical and emotional health and to their well being. As a consequence, students' engagement with their studies can be seriously affected. While education has a role to play in addressing the problem, behavioural change will not happen without the support and co-operation of parents, the drinks industry and society as a whole.

The drinks industry needs to adopt a more responsible attitude to the promotion of alcohol, especially in targeting young people, and retailers must ensure that the law on the sale of alcohol to those under the legal age limit is rigorously observed. Parents have a responsibility to help children and young people to adopt sensible and responsible attitudes and behaviours towards alcohol. The community as a whole needs to reflect on the general attitude to alcohol use.

Schools can also play an active role in addressing the problems and consequences of the misuse of alcohol and drugs through the SPHE — social, personal and health education — curriculum which focuses on developing an informed and sensible attitude to substances. Through the SPHE curriculum, students are given the skills and information to develop a framework for responsible and informed decision making about their health, personal lives and social development. In particular, the substance use module of the SPHE curriculum focuses on the issues relating to the use and misuse of a range of substances, with particular attention paid to alcohol and tobacco. While most young people are aware of the implications and consequences of misusing substances, including alcohol, the SPHE curriculum actively seeks to promote healthy and responsible choices by students in their lives.

All post-primary schools were required to implement the SPHE curriculum as part of the junior cycle core curriculum from September 2003. The 2003-04 return of pupil information from 743 post-primary schools indicates full compliance with this requirement. Ongoing support in the implementation of SPHE continues to be provided to schools through the post-primary SPHE support service. Supports are also being provided to schools through the SPHE support service for the development of substance use policies within which the use and misuse of alcohol and drugs can be addressed.

Under the national drugs strategy, my Department and the Department of Health and Children developed guidelines, in co-operation with the former health boards, to assist schools in the formulation of a drugs policy and to ensure that all schools had drugs policies in place. My Department issued the guidelines in booklet form to all schools following an extensive process of consultation that included management bodies, teacher unions, student unions and parents' councils.

The central objective of a school's substance use policy is the welfare, care and protection of every young person in line with the Education Act 1998 and the Education (Welfare) Act 2000. The policy is intended to address education concerning alcohol, tobacco and drugs and the procedures for managing incidents relating to these substances.

Schools of Music.

Paul McGrath

Question:

78 Mr. P. McGrath asked the Minister for Education and Science the position with regard to the construction of a new building for the Cork School of Music; and if she will make a statement on the matter. [7886/05]

The Government decided last July that my Department should finalise contractual negotiations with Jarvis Projects Limited with the view to commencing construction of the Cork School of Music as soon as practical. Shortly thereafter Jarvis Plc, preferred bidder for the CSM project, announced a profit warning on the London Stock Exchange. To help solve its financial difficulties the company commenced selling off non-core elements of the company. One of the areas to be disposed of was the PPP bidding business that included the CSM project. On 3 December 2004, Jarvis announced that it had reached an agreement with Hochtief Developments (UK) Ltd to purchase this arm of the business.

Following the announcement, various issues surrounding the purchase were being completed and a revised proposal and documentation in connection with the CSM PPP project were received on 19 January 2005. As Hochtief has now replaced Jarvis as a member of the bidding consortium, it must satisfy the Department that had it applied under the terms of the original PPP advertised in 2000 it would have been one of the consortia that pre-qualified for the project. The new documentation is currently being examined by my Department's specialist advisers to the project who are also undertaking full financial and legal due diligence to ensure that the proposal meets all EU procurement guidelines. Part of the due diligence process includes contact with the relevant section of the EU Commission for clarification and advice on the procurement issue.

It is expected that this examination will be completed and a report submitted to my Department's public private partnership unit for consideration shortly. Subject to all of the necessary financial and legal issues being in order, it will then be possible to commence formal negotiations with Hochtief Developments to complete the contract details to allow financial and commercial close for the project take place.

Psychological Service.

Seán Crowe

Question:

79 Mr. Crowe asked the Minister for Education and Science her views on whether the original number of 184 NEPS psychologists will be met this year in view of the difficulties being experienced in recruiting same, particularly outside the greater Dublin area. [8012/05]

Paul Kehoe

Question:

118 Mr. Kehoe asked the Minister for Education and Science the number of additional NEPS psychologists to be recruited in 2005; and if she will make a statement on the matter. [7885/05]

I propose to take Questions Nos. 79 and 118 together.

The terms of the Government decision of February 1999 to establish the National Educational Psychological Service, NEPS, allowed for the number of psychologists in the educational system to increase gradually to 200. It was envisaged that approximately 180 psychologists would be in NEPS and the balance elsewhere, for example, in the VECs of the city and county of Dublin and in the children detention schools. The complement of psychologists in NEPS has increased almost three fold from 43 psychologists on the date of establishment to 127 psychologists now.

The last panel of 69 psychologists established by the Civil Service and Local Appointments Commissioners has now been exhausted and arrangements for the recently established Public Appointments Service to set up a new panel are at a preliminary stage. I am aware that, at present, some regions have higher numbers of psychologists and a more satisfactory coverage of schools than others. This is related to the difficulty in recruiting staff to certain regions, most notably the mid-western region.

When the next recruitment competition for NEPS psychologists takes place, regional panels, rather than one national panel, will be established. This will allow my Department to prioritise filling vacancies in regions with the greatest need. Any increase in the number of psychologists in NEPS will depend on the availability of resources and must also take account of Government policy on public sector numbers.

Pending the expansion of NEPS to cover all schools, those that are not yet served may avail of the scheme for commissioning psychological assessments, SCPA. The SCPA is an interim measure and was specifically introduced to minimise delays for those children who need to be assessed.

Residential Institutions Redress Scheme.

Trevor Sargent

Question:

80 Mr. Sargent asked the Minister for Education and Science if she intends to carry out a systematic review of the Residential Institutions Redress Board in view of the recent court payment of €370,000 which dwarfs the average award from the board and is significantly higher than any other payment; and if she will make a statement on the matter. [7944/05]

Joe Sherlock

Question:

89 Mr. Sherlock asked the Minister for Education and Science if she intends to propose amendments to the Residential Institutions Redress Act 2002 in view of the recent High Court award to a victim; and if she will make a statement on the matter. [7960/05]

I propose to take Questions Nos. 80 and 89 together.

The Residential Institutions Redress Board was set up under statute in 2002 to provide financial redress to victims of child abuse in State regulated residential institutions with the aim of assisting them in their recovery and enhancing the quality of the remainder of their lives. The board provides an alternative to victims having to pursue traumatic civil court cases to obtain compensation for their injuries.

To date, some 5,500 applications have been made to the redress board and awards amounting to approximately €210 million have been paid in over 2,600 cases. While the average award based on applications to date is €78,000, it is not valid or appropriate to compare this with any individual award, particularly the one referred to by the Deputy which was considered to be an exceptional case. The amount of award payable by the board in each case will depend on the severity of the abuse and the severity of physical and psychological injury as well as loss of opportunity resulting from the abuse. The board may grant awards up to €300,000 and, in exceptionally severe cases, it may award an amount higher than this. There is also provision to award additional aggravated damages of up to €60,000 in certain specified circumstances.

The redress scheme provides an effective and fair way for compensating victims of abuse who do not wish or are not able to pursue their cases through the full rigours of the courts. While people have the right to bring their cases to court, the Government is of the view that the redress scheme provides the best and most practical option for victims of abuse seeking financial redress for the injury and suffering they have experienced.

The redress board has several advantages over the court route. The proceedings of the board are generally much faster than those in court, so victims obtain their redress sooner. There is a much lower burden of proof than in a court of law and unlike the courts, the redress board is not an adversarial process so going to the board is far less traumatic for victims. I am satisfied that the redress board is working well and in the best interests of survivors and I do not see a need to carry out a review of the board or to propose amendments to the Act in the light of the recent court judgment.

School Curriculum.

Seán Ryan

Question:

81 Mr. S. Ryan asked the Minister for Education and Science her views on the findings of a recent EU survey by Eurydice, which found that Ireland is behind the rest of the EU in the teaching of foreign languages in schools in that 95.5% of primary school children here learn no foreign language; the way in which she proposes to address the issues raised in the survey; and if she will make a statement on the matter. [7982/05]

It is important to recall the context in which children in many European countries learn foreign languages. Many countries, for example, Belgium, Luxembourg and Finland, have a significant historic presence of other languages within their borders or in close proximity. This has created an imperative within those countries to learn those foreign languages. In other regards, far and away the most popular foreign language in European schools is English.

Language development is a central element of the revised primary curriculum. Although the focus is on English and Irish, a number of primary schools also offer foreign languages. My Department launched a pilot project for modern languages in primary schools in September 1998. The aims of the pilot project included the development of communication skills in four target languages, which are French, German, Spanish and Italian, the fostering of positive attitudes to language learning and the diversification of the languages taught in schools. To achieve these aims in the project schools, the teaching of a modern European language to pupils in 5th and 6th classes was introduced. Currently, 394 schools are participating in the initiative at primary level.

My Department is working closely with language experts from the Council of Europe to facilitate the analysis of language practice at primary and post-primary level, with a view to the formulation of an integrated language policy. This analysis will include the development of criteria for decision making on issues such as the inclusion of additional languages in the curriculum. This will complement ongoing work by the National Council for Curriculum and Assessment, NCCA, which is engaged in reviewing languages in the post-primary curriculum and the feasibility of expanding provision at primary level.

Physical Education Facilities.

Jan O'Sullivan

Question:

82 Ms O’Sullivan asked the Minister for Education and Science her plans to ensure that children have access to play and physical education facilities in inclement weather conditions; if there is a timeframe in which her Department will ensure that all schools have physical education facilities; and if she will make a statement on the matter. [7954/05]

Many primary schools have a general purposes room for play and PE facilities during inclement weather. In addition, practically all schools have play areas which are utilised for teaching different aspects of the physical education programme. A similar situation with sports halls and outdoor facilities applies at second level. Many schools have the use of adjacent local facilities, including public parks, playing fields and swimming pools.

The provision of multi-purpose space for primary schools will continue to be considered within the design brief for new schools and-or renovation and extension school building projects. This will also be the case for PE facilities at second level. This will be done in the context of available resources and the published criteria for prioritising school building projects. My Department has never underestimated the scale of the task and the level of capital funding and other resources required to rectify decades of under investment in school infrastructure. In 2005, €270 million will be allocated to primary schools and €223 million to post-primary schools for building and modernisation works, which represents an increase of 14% on last year and is six times greater than the amount allocated in 1997.

School Staffing.

Gerard Murphy

Question:

83 Mr. Murphy asked the Minister for Education and Science the number of primary teachers due to graduate during 2005 from various courses; the number of primary teachers due to retire in 2005; and if she will make a statement on the matter. [7881/05]

The number of students expected to graduate from the five colleges of education, both the undergraduate Bachelor of Education degree course and the 18 month postgraduate course for primary teaching, is 1,280. The number of teachers expected to retire in the current year is 500.

Pupil-Teacher Ratio.

Breeda Moynihan-Cronin

Question:

84 Ms B. Moynihan-Cronin asked the Minister for Education and Science her views on whether the present method of calculating pupil-teacher ratios does not generate an accurate picture of the size of classes; if she has proposals to change the method of calculation; and if she will make a statement on the matter. [7991/05]

Simon Coveney

Question:

112 Mr. Coveney asked the Minister for Education and Science if a new timescale has been set for the reduction of average class sizes as promised in the programme for Government; and if she will make a statement on the matter. [7880/05]

I propose to take Questions Nos. 84 and 112 together.

It is assumed that the Deputies are referring to the position at primary level. The pupil-teacher ratio as published in my Department's annual statistical report is calculated by dividing the total enrolment in all primary schools by the total number of full-time teaching posts. The total enrolment includes all children in ordinary and special schools and the total teaching posts include administrative principals, learning support teachers and recognised teachers of pupils with special needs in ordinary primary schools as well as teachers in special schools.

The national pupil-teacher ratio is an indicator of the ratio of overall full-time staff to pupils at primary level. Since it takes account of all teachers in a school, including resource teachers, it has limitations in giving an accurate picture of the size of classes. To provide a more accurate picture of the size of classes, my Department also publishes details of average class size in the annual statistical reports. This indicator includes mainstream class teachers only and refers to ordinary pupils in ordinary classes. The average class size indicator provides a more accurate picture of the size of classes at primary level. However, since this indicator takes account only of mainstream classroom teachers, the growth in the number of resource teachers and teachers other than classroom teachers at primary level is not captured by this indicator. These are included in the calculation of pupil-teacher ratio. Therefore, while both indicators have their limitations, they are complementary.

The Deputies should note that significant improvements have been made in this area in recent years. The average class size at primary level is now 23.9, down from 26.6 in 1996-97. The pupil-teacher ratio 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, to tackle educational disadvantage and to provide additional resources for children with special needs. Significantly smaller class sizes have been introduced in disadvantaged schools involved in the Giving Children an Even Break/ Breaking the Cycle programme, with approximately 47,700 pupils in 243 participating schools availing of reduced class sizes of either 15 or 20 pupils per class.

In line with Government policy, the position will be further improved in the future within available resources and subject to spending priorities within the education sector. Priority will be given to pupils with special needs, those from disadvantaged areas and those in junior classes.

School Transport.

Joe Costello

Question:

85 Mr. Costello asked the Minister for Education and Science when she will publish the review of the school transport scheme; and if she will make a statement on the matter. [7956/05]

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

School Staffing.

Fergus O'Dowd

Question:

86 Mr. O’Dowd asked the Minister for Education and Science the number of males who entered the teaching profession at primary and secondary level in 2004 as a percentage of the entire cohort; and if she will make a statement on the matter. [7894/05]

According to my Department's records, in the current school year 144 male teachers have been appointed for the first time as permanent or temporary qualified teachers at primary level. This represents 10.6% of the total number of such teachers appointed for the first time at primary level. A total of 279 male teachers have been appointed for the first time to posts in voluntary secondary, community and comprehensive schools in the current school year. This represents 29.1% of the total number of teachers who have been appointed for the first time to posts in these categories of schools.

Details of the number of male teachers who have been appointed for the first time to teaching posts in the vocational sector in the current school year are not readily available.

School Libraries.

Willie Penrose

Question:

87 Mr. Penrose asked the Minister for Education and Science her views on the policy statement of the School Library Association of Ireland, in particular the need to adequately fund library services in both primary and post-primary schools; and if she will make a statement on the matter. [7963/05]

Michael Ring

Question:

116 Mr. Ring asked the Minister for Education and Science if she will support the recommendation that her Department be statutorily obliged to provide a library service in all primary schools; and if she will make a statement on the matter. [7864/05]

I propose to take Questions Nos. 87 and 116 together.

At primary level it is a matter for each local authority to provide a library service for schools in its area. While my Department has no involvement in the actual operation of this service, it makes a grant available to each local authority on an annual basis to enable local authority librarians select, purchase and deliver books to the primary schools in its area. The grant is based on the number of pupils enrolled in primary schools in each local authority area.

The Estimates provision in respect of library grants has been increased from €1.5 million in 2004 to €2.026 million in 2005, an increase of35%. The question of increasing the grant in the future will be considered in the context of available resources.

At second level my Department provides a library of 100 metres squared in schools with an enrolment of 200 — 499 students while it provides 136 metres squared of accommodation for a library in schools with more than 500 students. Schools below 200 are examined individually. Responsibility for the stocking of school libraries falls to be met by individual school authorities from within normal school budgets. In recent years two grants, amounting to some €6.60 million, have issued to second level schools in the free education scheme to assist them with the development of their library resource materials. Schools were informed that the grants were to be used to improve the range and quality of library books and an information note offering advice on book purchases was issued.

Pupil-Teacher Ratio.

Bernard J. Durkan

Question:

88 Mr. Durkan asked the Minister for Education and Science her proposals to improve the pupil-teacher ratio at primary and second level schools throughout the country; and if she will make a statement on the matter. [7993/05]

Significant improvements have been made in the pupil-teacher ratio at both primary and post-primary levels in recent years. At primary level, the ratio has fallen from 22.2:1 in the 1996-97 school year to 17.44:1 in the 2003-04 school year. At post-primary level, the pupil teacher ratio has been reduced from 16:1 to 13.6:1 in the same period.

In line with Government policy, my Department will continue to provide further reductions in the pupil-teacher ratio within available resources and subject to spending priorities within the education sector. Priority will be given to pupils with special needs, those from disadvantaged areas and those in junior classes.

Question No. 89 answered with QuestionNo. 80.

Proposed Legislation.

Paul Connaughton

Question:

90 Mr. Connaughton asked the Minister for Education and Science when the legislation to establish a register of persons considered unsafe to work with children will be published; and if she will make a statement on the matter. [7899/05]

A cross-governmental working group was established to put forward proposals for reform of vetting by the central vetting unit run by the Garda Síochána. Among its recommendations was the proposal that the Departments of Education and Science and Health and Children explore the possibility of developing an employment history register, similar to the PECS system in Northern Ireland.

An implementation group has been established by the Minister for Justice, Equality and Law Reform and discussions between my Department and the Department of Health and Children are ongoing in that context. Although considerable preparatory work examining the issues relating to a PECS system has been undertaken by my Department, these discussions are at an early stage. In addition, my Department will be convening a meeting with the relevant interested parties to explore the issues involved.

The implementation group is also examining issues relating to the introduction of legislation to ensure the maintenance of a national criminal records system within the Garda Síochána, the disclosure of not just "hard" facts but also "softer" information, and access to information about — and proof of — criminal convictions for the purposes of litigation.

The working group also recognised the need to expand the number of agencies which could access the central vetting unit operated by the Garda Síochána to include all people working with children and vulnerable adults. To that end, the Minister of State with responsibility for children, Deputy Brian Lenihan, has announced a major increase in the resources to be provided to the Garda vetting unit to improve the level of vetting available to employers who employ people to work with children and vulnerable adults. The initiative includes more than doubling staff resources for the unit to enable the Garda Síochána's vetting services to be extended to all persons working with children and vulnerable adults.

The Teaching Council also has a role here. Once it is formally established, the council will provide the teaching profession, both primary and post-primary, with the means to self regulate and its functions will include maintaining a register of teachers and, if necessary, removing the names of those shown to be unfit to teach, including those unfit to teach by reason of the fact that they pose a threat to children.

School Transport.

Jan O'Sullivan

Question:

91 Ms O’Sullivan asked the Minister for Education and Science her views on reports of school children in south Leitrim (details supplied) travelling three to a seat on school buses; if this situation is replicated around the country; her views on whether this is an acceptable situation; her proposals to address such instances; and if she will make a statement on the matter. [7955/05]

The loading of all school buses is determined by the relevant sections of the Road Traffic Regulations (Construction, Equipment and Use of Vehicles) which are laid down by the Department of Transport. In accordance with those regulations, the licensed carrying capacity of all vehicles engaged in school transport is based on a ratio of three pupils for every two adult seats.

Safety on school buses is of paramount importance to my Department and Bus Éireann. Bus Éireann has a very good safety record in the operation of school transport services on behalf of my Department and the company is fully committed to ensuring that the highest safety standards are maintained. My Department and Bus Éireann will obviously comply with all legal requirements regarding road traffic regulations. Such regulations are a matter for my colleague, the Minister for Transport.

Special Educational Needs.

Damien English

Question:

92 Mr. English asked the Minister for Education and Science the number of children with a specific learning disability within mainstream primary education; and if she will make a statement on the matter. [7890/05]

Arising from the census of special needs provision undertaken by my Department towards the end of 2003, there were 4,064 pupils with specific learning disability, SLD, attending mainstream primary schools. The census was undertaken in 2003 to ensure that up to date information on children with special educational needs was available to my Department.

Where the condition of a pupil with dyslexia is of a more serious nature, provision can be made in one of the four special schools or 23 special classes attached to primary schools and dedicated to the needs of children with dyslexia. All special schools and special classes for such children operate at a reduced pupil-teacher ratio of 9:1. My Department also provides funding to schools to purchase specialised equipment such as computers to assist children with special needs with their education, including children with dyslexia, where recommended by relevant professionals.

Post-Leaving Certificate Courses.

Tom Hayes

Question:

93 Mr. Hayes asked the Minister for Education and Science the progress being made on the implementation of the Mclver report recommendations; and if she will make a statement on the matter. [7867/05]

The McIver report on the post-leaving certificate review was commissioned by my Department to examine the sector and make recommendations regarding the organisational, support, development, technical and administrative structures and resources required in schools and colleges with large scale post-leaving certificate, PLC, provision, having regard to good practice in related areas across the system and in other countries. The final report was completed in April 2003.

The report contains 21 over-arching recommendations, incorporating over 90 sub-recommendations. The principal recommendations are: a reduction in the number of timetabled class teaching hours and appropriate increases in staff to compensate; enhancement of senior and middle management structures to allow more time for assessment, student support and interaction, team development and cross curricular planning, industry liaison and quality assurance processes; an increase in technical and administrative support staff; improvements in student library, IT and social facilities and capital infrastructure; new programme support services.

My Department is currently engaged in discussions with the Irish Vocational Education Association about the structural changes envisaged in the report, their implications and costs.

Bullying in Schools.

Pádraic McCormack

Question:

94 Mr. McCormack asked the Minister for Education and Science the reason her Department has failed to support anti-bullying research being undertaken by a university, which could assist in tackling bullying behaviour in schools; and if she will make a statement on the matter. [7871/05]

My Department considers the issue of bullying in schools as a priority for action and is fully supportive of any measures which address this issue. In this regard, my Department is actively engaged in a number of activities and its "Guidelines on Countering Bullying Behaviour in schools" provide a national framework within which individual school management authorities may meet their responsibilities for implementing effective school based policies to counter bullying.

These guidelines were drawn up following consultation with representatives of school management, teachers and parents. The purpose of the guidelines is to assist schools in devising school based measures to prevent and deal with instances of bullying behaviour and to increase awareness of the problem among school management authorities, staff, pupils and parents. They are sufficiently flexible to allow each school authority to adapt them to suit the particular needs of the school.

My Department funded the development of the Trinity College Dublin anti-bullying training programme for teachers-schools, including the piloting of the programme in Donegal Education Centre. The programme was based on the Norwegian experience of preventing and countering bullying behaviour. Following completion of the pilot, a meeting was held in spring 2003 to discuss the Donegal pilot, which was very general in nature and focused on future proposals in overall terms. Subsequently, a request was made by Dr. Mona O'Moore, Professor of Education, TCD, to fund a video on the programme. At that juncture, it was considered that this was not appropriate in terms of existing provision, other priorities, competing demands and available resources.

On her own initiative, Dr. O'Moore set up a programme based on the Donegal pilot to be delivered to all schools during school time. However, there was no contact between Trinity College and this Department regarding requests for funding or the implications of school closures to facilitate this programme. At a far later stage, a request was made to my Department about school closures and related financial support shortly before the programme was planned to commence. As my Department had no prior knowledge of the proposed programme, details were sought to examine the resource implications and the potential impact on schools through closures.

The request was made well into the current school year when timetables are firmly established in schools and it was, therefore, not possible to accommodate the request without a significant degree of disruption to teaching given the inadequate notice. Moreover, a paucity of information was provided on the resources required for the programme and, coupled with the lateness of the proposal, it was considered inappropriate to support the programme at that stage.

Suicide Prevention.

Eamon Gilmore

Question:

95 Mr. Gilmore asked the Minister for Education and Science if she has satisfied herself that there is a sufficient educational and awareness programme in schools regarding depression and suicide; and if she will make a statement on the matter. [7988/05]

I am aware of the serious problem of youth suicide and of the vital role that schools can play in prevention. Prevention needs to be addressed at whole school level through provision of relevant curricula for all children, through effective implementation of the social, personal and health education, SPHE, programme, and through the provision of care afforded by a good pastoral system, including the capacity to respond appropriately to early signs of difficulty. The development of self esteem, general coping skills and personal effectiveness is the most appropriate way to help the general population of young people to deal with life pressures and stress.

Within the curriculum, SPHE provides for the development of personal and social skills, including self awareness, respect for others, self esteem and communication skills, which can play an important role in encouraging a positive self image. SPHE is now a compulsory subject both at primary level and in the junior cycle of post-primary schools.

At second level the key emphasis is on promoting self esteem, physical and mental-emotional well being, and responsible decision making. Self management, communications, physical and emotional health, coping with loss, handling conflict, substance abuse, personal safety, relationships and sexuality are covered. Implementation of SPHE in schools is assisted by a full time support service which operates on an integrated basis in collaboration between the Department of Education and Science and the former health boards.

A curriculum in SPHE is being developed by the National Council for Curriculum and Assessment for senior cycle students. Mental health is one of five key areas which will be addressed in the new syllabus. An optional module in mental health matters is among the programmes included by many schools as part of their transition year programme. In addition, exploring masculinities, which may be taken as part of the SPHE programme in schools in transition year or senior cycle, includes many topics designed to assist young males to become more open when experiencing personal problems and to seek professional help.

Pastoral care teams in schools provide important assistance in promoting students' well being and in ensuring that potential difficulties can be identified early. Class year tutors, guidance counsellors, home school liaison co-ordinators and the services of the National Educational Psychological Service, NEPS, can play an important role in this respect. NEPS has developed an advice and information pack for schools on responding to critical incidents. The pack is designed to provide practical step by step guidance for teachers and principals on how to respond when a trauma or tragedy occurs. The pack was prepared drawing on a range of publications and from the work of a range of agencies, including those concerned with bereavement and suicide.

My Department is represented on a national steering group which is preparing a national strategy for action on suicide prevention.

School Transport.

Michael Noonan

Question:

96 Mr. Noonan asked the Minister for Education and Science the number of buses providing school transport which are fitted with seat belts; the number of school bus passengers usually sharing two seats among three; and if she will make a statement on the matter. [7868/05]

There are currently in the region of 3,000 vehicles in use each day providing school transport services on behalf of my Department under the school transport scheme. This fleet is made up of Bus Éireann large capacity school buses, which represent about 20% of all the vehicles used, and the remainder are contractor's vehicles, including minibuses and cars.

Under existing regulations, large capacity school buses used either by Bus Éireann or private contractors are not required to have seat belts fitted. Other vehicles such as cars and certain minibuses used for school transport are fitted with seat belts. However, figures are not available on the overall number of vehicles being utilised that may be fitted with these belts.

Legislation regarding the fitting and wearing of seat belts is a matter for the Department of Transport. In addition, the loading of all school buses is determined by the relevant sections of the Road Traffic Regulations (Construction, Equipment and Use of Vehicles) which are laid down by that Department. In accordance with those regulations, the licensed carrying capacity of all vehicles engaged in school transport is based on a ratio of three pupils for every two adult seats.

Statistics are not available on the total number of pupils who share two adult seats under the three for two seating arrangement but it is important to note that this seating arrangement is in line with the Department of Transport's regulations.

Capitation Grants.

Fergus O'Dowd

Question:

97 Mr. O’Dowd asked the Minister for Education and Science if her Department will bring forward any changes in the capitation allocation made to secondary, vocational and community schools; and if she will make a statement on the matter. [7865/05]

Differing funding arrangements have evolved for the different school types at second level. At the core of all arrangements is a reliance upon capitation as the principle determinant of funding. There are, however, significant differences in the approaches to the funding of back-up services such as for secretaries and caretakers. In my view, it is important to consider any changes in the allocation of funding in the wider context of the equalisation of funding arrangements across the second level system. This Government and its predecessor have removed some of the anomalies and the process continues.

Significant improvements have been made in the level of funding to secondary schools. The standard capitation grant has been increased substantially in recent years, to €286 per pupil in 2005. In addition to this, a number of new grants, such as the school services support grant, have also been introduced. I was particularly pleased to announce an aggregate increase of €26 per pupil from 1 January 2005 in the standard per capita grant and support services grant for voluntary secondary schools.

This significant increase builds on my commitment towards enhanced "equalisation" funding measures for voluntary secondary schools. Under the terms of recent equalisation measures, the support services grant in the case of voluntary secondary schools has been increased by an additional €42 per pupil, bringing the overall grant to €145 per pupil with effect from January 2005. This equalisation measure for voluntary secondary schools, that is paid in addition to grants of up to €15,554 per school, is designed to reduce the historic anomalies in the funding arrangements for the different school types at second level. Schools have considerable discretion as to how this funding is best utilised in the interests of their pupils and schools. This is, in general, a preferable approach to putting in place grants for specific cost items.

I am committed to improving further the funding position of second level schools in the light of available resources and to addressing the issue of equity highlighted by the voluntary school sector.

Special Educational Needs.

Tom Hayes

Question:

98 Mr. Hayes asked the Minister for Education and Science the number of children with a physical disability within mainstream primary education; the number of these children in receipt of three hours SET support per week; and if she will make a statement on the matter. [7888/05]

Arising from the census of special needs provision undertaken by my Department towards the end of 2003, there were 573 pupils with physical disabilities attending mainstream primary schools. Pupils with a physical disability who have learning difficulties arising from the disability may need resource teaching in cases where there are consequent significant learning difficulties. Such pupils may receive three hours resource teaching support per week.

The census was undertaken in 2003 to ensure that up to date information on children with special educational needs was available to my Department. The establishment of the National Council for Special Education will be of great assistance in ensuring that such information is available on an ongoing basis in the future.

Departmental Programmes.

Olwyn Enright

Question:

99 Ms Enright asked the Minister for Education and Science the full extent of the early start programme; the proposal she has to extend the programme; and if she will make a statement on the matter. [7869/05]

The Early Start pre-school project was established in 40 primary schools in designated areas of urban disadvantage in Dublin, Cork, Limerick, Waterford, Galway, Drogheda and Dundalk during 1994 and 1995. The aims of Early Start are to expose young children to an educational programme which would enhance their overall development, prevent school failure and offset the effects of social disadvantage.

Early Start is a one year, pre-school intervention aimed at children from selected designated areas of disadvantage. Children must be between the ages of three and four years on 1 September of the year they are enrolled. The Early Start project is designed to cater for the needs of children, including those with disabilities, who are most at risk of not reaching their potential in the education system and the school must give priority to the children who are most at risk. This would also include children at risk from migrant, refugee and asylum seeker families.

There are 56 teachers and 56 child care workers employed in 16 full units and 24 half units and there are a total of 1,680 places in Early Start centres. A full unit caters for a total of 60 children and a half unit caters for 30. The approach taken in Early Start is to establish groups of 15 pupils in existing primary schools in disadvantaged areas, with each class being run by a primary school teacher and a qualified child care worker. While the Early Start curriculum emphasises the development of cognitive and language skills, due regard is also had to personal and social development.

Parental involvement is a key element in the Early Start project. Parents are encouraged to become involved in the planning, organisation and implementation of the work in each centre. This is intended to build their own capacity to influence and become involved in their children's education. Post-primary students from local schools may also spend part of their time working in the centres as part of their work experience during transition year and-or Yourthreach and vocational preparation and training programmes. This will allow them to acquire practical skills in child care and will also establish role models in retention and achievement in education in the local community.

The Early Start service has not been expanded since 1995. With regard to future development of early childhood education provision for disadvantaged children, my Department, as part of a detailed review of educational disadvantage programmes, is currently exploring how such provision should best be delivered in the future. I am particularly concerned to ensure that any future actions by my Department in this area are based on a collaborative approach with other Departments involved in the overall early childhood care and education, ECCE, sector. Meeting the overall objective of providing the best possible service to the communities and children involved requires that any educational provision by my Department takes account of child care measures under the remit of other Departments.

Departmental Agencies.

Denis Naughten

Question:

100 Mr. Naughten asked the Minister for Education and Science if the Grangegorman Development Authority will begin its work this year; and if she will make a statement on the matter. [7895/05]

The Select Committee on Education and Science concluded Committee Stage of the Grangegorman Development Agency Bill on 16 December 2004. The purpose of this Bill is to establish an agency whose function, in the first instance, is to prepare a strategic planning scheme for the Grangegorman site. The plan must provide for the needs of the Dublin Institute of Technology, the Eastern Regional Health Authority, the Ministers for Education and Science and Health and Children.

The Bill provides for wide ranging consultation with all parties that may have an involvement in the site. This ranges from those who are directly concerned — local residents, DIT, ERHA and the Dublin City Council — to those parties whose future involvement may have a bearing on the site reaching its full potential, such as the IDA and Dublin Bus. The Department of Transport will also have a major input because of the public transport requirements of the developed site.

On Committee Stage I undertook to consider a number of amendments for Report Stage and this work is currently being finalised in my Department. However, as I have already indicated in replies to Deputies, it is my intention, once the necessary legislative framework is in place, to establish the agency as soon as possible thereafter so it can then commence carrying out the functions given to it in the legislation.

Third Level Education.

Jim O'Keeffe

Question:

101 Mr. J. O’Keeffe asked the Minister for Education and Science the progress being made towards the establishment of a tertiary education authority; and if she will make a statement on the matter. [7904/05]

Dan Neville

Question:

127 Mr. Neville asked the Minister for Education and Science when the Higher Education Authority (Amendment) Bill will be published; and if she will make a statement on the matter. [7896/05]

Phil Hogan

Question:

128 Mr. Hogan asked the Minister for Education and Science the OECD third level education report recommendations which are being implemented at present; and if she will make a statement on the matter. [7909/05]

I propose to take Questions Nos. 101, 127 and 128 together.

The OECD review of Irish higher education makes far reaching recommendations for reform and development of the sector, against a background of the crucial role that has been identified for higher education in achieving Ireland's broad strategic objective of becoming a world leading knowledge based economy. The report identified a continuing need for an independent policy advisory and funding authority for the sector and recommended the creation of a tertiary education authority which would have responsibility for both the university and institute of technology sectors. I have already indicated my agreement in principle that such a single body offers the best way of ensuring a unified strategic and management approach for the sector.

I am currently engaged in an extensive consultation process, aimed at developing a comprehensive response to this and other recommendations of the OECD report. As part of this, I met recently with representatives of the Conference of Heads of Irish Universities, the Council of Directors of Institutes of Technology, the Dublin Institute of Technology and the Higher Education Authority. It was apparent that there were many points of consensus between all parties in their response to the report and this is very encouraging. It was agreed that further detailed consultation on certain issues is required. It will also be necessary to meet with a range of other stakeholders as part of the consultation process. I intend to bring forward proposals for reform of higher education, including legislative proposals where necessary, at the earliest possible date.

School Curriculum.

Eamon Ryan

Question:

102 Mr. Eamon Ryan asked the Minister for Education and Science if she has met with representatives of groups concerned with sexual violence in her capacity as Minister for Education and Science; and the way in which she intends to reform this most important area of education. [7945/05]

I have not met with representatives of groups concerned with sexual violence in my capacity as Minister for Education and Science. As regards dealing with the issue within education, a national curriculum in social, personal and health education, SPHE, incorporating relationships and sexuality education, has been developed at junior cycle level and this has been made mandatory for all schools with effect from September 2003.

In addition, all schools are required to have an agreed school policy and a suitable relationships and sexuality education programme in place for senior cycle pupils. Comprehensive guidelines for junior cycle and senior cycle have also been published and provided to schools by the NCCA to support the RSE aspects of the curriculum. An integrated SPHE programme at senior cycle incorporating RSE is being developed. The overall aims of the SPHE curricula are to foster the personal development, health and well being of students and help them to create supportive relationships and become responsible citizens; to develop a framework of values, attitudes, understanding and skills that will inform their actions and decision making; to establish and maintain healthy patterns of behaviour.

The SPHE modules at junior cycle in post-primary schools deal specifically with belonging and integrating, handling conflict constructively, dealing with peer pressure, influences on decision making, relationships and sexuality in terms of values, reproductive system, tackling myths about sex and pregnancy, personal safety, substance use and the impact of teenage pregnancy. The RSE programme at senior cycle deals further with these issues and includes pregnancy, contraception, sexually transmitted diseases, sexual harassment, sexual assault and accepting sexual orientation.

A national SPHE support service was established in September 2000 and provides a full-time support service in collaboration with the health boards to assist schools to deliver the programme. A national support officer for RSE is also provided in St. Patrick's College, Drumcondra, to provide support and advice to schools in regard to RSE at senior cycle.

SPHE programmes are designed to enable children and young people to develop a framework of values, attitudes, understanding and life skills that will inform their decisions and actions both during their time in school and in their future lives. The curriculum guidelines in RSE at senior cycle will be reviewed as part of emerging developments in the review of senior cycle and the development of an integrated SPHE programme incorporating RSE. My Department is also undertaking research, in the context of the national strategy on crisis pregnancy, to examine how best the implementation of SPHE and RSE in schools can be further strengthened.

Educational Disadvantage.

Seán Crowe

Question:

103 Mr. Crowe asked the Minister for Education and Science when her plans on disadvantage will be published. [8011/05]

An overall review of educational disadvantage programmes is currently being finalised by my Department. The purpose of this review is to build on what has been achieved to date, adopt a more systematic, targeted and integrated approach and strengthen the capacity of the system to meet the educational needs of disadvantaged children and young people. Arising from the review process a draft report has been prepared and it is my intention to complete this work as soon as possible.

My priorities for tackling educational disadvantage in the context of the final report will include putting in place an improved system for identifying and reviewing levels of disadvantage and targeting supports accordingly.

Special Educational Needs.

John Deasy

Question:

104 Mr. Deasy asked the Minister for Education and Science the number of children with autism or an autism spectrum disorder within mainstream primary education; the number of these children in receipt of five hours SET support per week; and if she will make a statement on the matter. [7887/05]

Arising from the census of special needs provision undertaken by my Department towards the end of 2003, there were 571 pupils with autistic spectrum disorder, ASD, attending mainstream primary schools. In general, this pupil cohort would be eligible for five hours resource teaching support. The census was undertaken in 2003 to ensure that up to date information on children with special educational needs was available to my Department. The establishment of the National Council for Special Education will be of great assistance in ensuring that such information is available on an ongoing basis in the future.

Residential Institutions Redress Scheme.

Olwyn Enright

Question:

105 Ms Enright asked the Minister for Education and Science if she has examined the agreement entered into by one of her predecessors and the religious congregations with regard to their liability in respect of costs and damages to the victims of abuse; if she has satisfied herself that the agreement entered into represented a good deal for the taxpayer; and if she will make a statement on the matter. [7861/05]

The Residential Institutions Redress Board was established under statute in 2002 to provide a mechanism for people who were victims of childhood abuse while in residential institutional care to obtain financial compensation for their injuries as an alternative to having to pursue their cases through the courts. The Government's decision to establish the redress scheme was made regardless of whether the religious congregations who managed the institutions would participate in the scheme.

Nonetheless, as it was considered desirable that the religious congregations make a meaningful contribution towards the compensation of victims of abuse, the Government entered into negotiations with the congregations which culminated in agreement being reached in June 2002 on a total contribution by the congregations of €128 million. The €128 million contribution was made up of a cash provision of €41.14 million, real property transfers totalling €76.86 million and a €10 million provision for counselling and support services for victims of abuse.

In return for the congregations' contribution, the Government agreed to grant them an indemnity for a period of six years from 5 June 2002, the date of the signing of the agreement. The indemnity applies to cases that are eligible to be processed by the redress board but where the plaintiff decides not to avail of this option and pursues his or her case through the courts. In these circumstances the State will take over the defence of the case.

I am satisfied that the agreement reached with the religious congregations represented the best possible outcome in the circumstances. It was made abundantly clear to the State's negotiating team that the €128 million contribution was the maximum the congregations were prepared to offer. The alternative option of rejecting the offer and pursuing the congregations through the courts would have resulted in a very large number of protracted legal proceedings with the involvement of victims in an adversarial process, with substantial costs in legal fees and no guarantee of a favourable outcome.

School Absenteeism.

Bernard Allen

Question:

106 Mr. Allen asked the Minister for Education and Science if she will amend the Education (Welfare) Act to ensure that children under six years but in full-time education will be covered by the legislation; and if she will make a statement on the matter. [7907/05]

The Education (Welfare) Act 2000 established the National Educational Welfare Board as the single national body with responsibility for school attendance. The Act provides a comprehensive framework for promoting regular school attendance and tackling the problems of absenteeism and early school leaving. The general functions of the board are to ensure that each child attends a recognised school or otherwise receives a certain minimum education.

During the summer of 2004, the board undertook a survey on the levels of school attendance for the school year 2003-04. This is the first time that data on school attendance at national level have been collected. The findings of the survey support the targeting policy followed by the board to date in appointing educational welfare officers to the areas of greatest disadvantage.

Under the terms of the Education (Welfare) Act 2000, one of the functions of the board is to conduct and commission research into the reasons for non-attendance on the part of students and into the strategies and programmes designed to prevent it. The board is in the process of establishing two research projects in 2005, one of which will focus on an analysis of student absenteeism returns. Pending receipt of the reports from the board in due course, my Department has no plans to amend the Education (Welfare) Act 2000.

School Curriculum.

Jimmy Deenihan

Question:

107 Mr. Deenihan asked the Minister for Education and Science the amount of time per week that her Department recommends be spent on physical education at primary and secondary level; and if she will make a statement on the matter. [7870/05]

At primary level, physical education is one of the seven curriculum areas within the primary school curriculum which was revised in 1999. A minimum of one hour of physical education per week is recommended for all primary school pupils. At second level, while physical education is not a mandatory subject, it should form part of the curriculum. The programme that each school plans and delivers should be based on the Department's approved syllabi and the teaching hours should be registered on the school timetable. The time recommended for physical education is two hours per week. The phasing in of a revised syllabus at junior cycle level for physical education, non-examination, commenced in September 2003.

The syllabi both at primary and second level have been developed on the understanding that facilities available in schools vary. Consequently, they offer flexibility regarding the physical activities undertaken so that each individual school can design a programme that can be delivered using the resources and supports available to the school.

Special Educational Needs.

Richard Bruton

Question:

108 Mr. Bruton asked the Minister for Education and Science the plans she has to introduce a system of weighted allocation for children with special educational needs from September 2005; and if she will make a statement on the matter. [7902/05]

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

The model was constructed so that allocations would be based on pupil numbers, taking into account the differing needs of the most disadvantaged schools and the evidence that boys have greater difficulties than girls in this regard. The advantages of using a general allocation model are as follows: it facilitates early intervention as the resource is in place in the school when the child enrols; it reduces the need for individual applications and supporting psychological assessments; it puts resources in place on a more systematic basis, thereby giving schools more certainty about their resource levels; it gives more security to special education teaching posts and makes special education teaching a more attractive option; it allows flexibility to school management in the deployment of resources, leading to a more effective and efficient delivery of services; it will automatically adjust a school's general allocation on the basis of changing enrolment.

I have made it clear that while I am in favour of using a general allocation model for the reasons I have just given, I am conscious of the particular difficulties that the model announced last year could cause for small and rural schools if implemented as originally announced. For this reason I have asked my Department to conduct a review of the model announced last year. The review will be completed in the coming weeks and its outcome will be announced in time to be implemented for the next school year. In carrying out the review, my Department is consulting with representative interests, including the National Council for Special Education.

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

School Staffing.

Ruairí Quinn

Question:

109 Mr. Quinn asked the Minister for Education and Science the progress which has been made on the recommendations of the independent report in 2001 on staffing levels in second level schools, which recommended the recruitment of over 1,200 additional classroom teachers; the current number of full-time vacancies for teachers in second level schools; and if she will make a statement on the matter. [7985/05]

Significant improvements have been made in the pupil-teacher ratio at post-primary level in recent years. The ratio has fallen from 16:1 in the 1996-97 school year to 13.6:1 in the 2003-04 school year. In line with Government policy, my Department will continue to provide further reductions in the pupil-teacher ratio within available resources and subject to spending priorities within the education sector. Priority will be given to pupils with special needs and those from disadvantaged areas.

My Department approves the quota of teachers for individual secondary schools each year. The appointment of teachers to posts within the approved quota is a matter for the authorities of the schools concerned. Therefore, the information requested by the Deputy about the number of vacancies in second level schools is not readily available within my Department.

Question No. 110 answered with QuestionNo. 76.

Early Childhood Education.

Jim O'Keeffe

Question:

111 Mr. J. O’Keeffe asked the Minister for Education and Science the number of early education places currently available in the State; and if she will make a statement on the matter. [7879/05]

Early education in Ireland covers the period from birth to six years. Almost all five year olds and half of four year olds attend junior infant and senior infant classes in primary schools. Provision for children below the age of four years is targeted at specific groups. Outside of junior classes in primary schools, my Department's main role in the area of early childhood education encompasses pre-school provision for children from disadvantaged areas, for Traveller children and for those with special needs.

The Early Start pre-school project was established in 40 primary schools in designated areas of urban disadvantage in Dublin, Cork, Limerick, Waterford, Galway, Drogheda and Dundalk during 1994 and 1995. There are a total of 1,680 places in early start centres. A review of educational disadvantage programmes is currently being finalised by my Department and the future development of early childhood education provision for disadvantaged children, including Early Start, is being considered in this context. I hope to announce the outcome of this review shortly.

My Department also supports 48 Traveller pre-schools. These schools aim to develop children's cognitive, language and social skills, to prepare children for entry to primary school and to provide a foundation for further learning. In the special needs sector, there are currently 12 pre-school classes for children with autism located throughout the country. In addition to this, eight stand alone autism facilities that provide an applied behavioural analysis, ABA, model of response to children with autism cater for a number of children of pre-school age. My Department has also sanctioned the establishment of a pre-school for six children with hearing impairment, on a pilot basis.

The bulk of pre-school places in the country are financed by the Department of Justice, Equality and Law Reform, which has provided unprecedented levels of funding for child care in recent years. The Department of Health and Children also provides grants to child care groups, including to community groups in areas of social and economic disadvantage.

Question No. 112 answered with QuestionNo. 84.

Bullying in Schools.

Enda Kenny

Question:

113 Mr. Kenny asked the Minister for Education and Science if she is concerned at recent reports that indicate a high level of homophobic bullying in schools; and if she will make a statement on the matter. [7910/05]

My Department has in place a multi-faceted strategy to tackle the issue of bullying, including homophobic bullying, which I regard as a very serious issue. A central part of the social, personal and health education, SPHE, curriculum is the education of students in anti-bullying behaviour. SPHE is now a compulsory subject both at primary level and in the junior cycle of post-primary schools. In addition, other programmes such as civic social and political education, relationship and sexuality education and the exploring masculinities programme address diversity and equality from different perspectives, including sexual orientation.

Each school is required to have in place a policy which includes specific measures to deal with bullying behaviour, within the framework of an overall school code of behaviour and discipline. My Department has provided "Guidelines on Countering Bullying Behaviour in Schools" to assist schools in developing this policy. In addition, my Department has part funded an advice booklet for gay, lesbian, bisexual and transgendered young people which has been distributed to guidance counsellors together with appropriate guidelines for its use.

My Department is also funding two specific projects dealing with this issue. These are HIV-AIDS education, sexuality education and homophobia in Irish second level schools and a review of the exploring masculinities programme. The outcomes of these projects will greatly assist the development of policy in this area and will be carefully examined in my Department.

School Curriculum.

Jimmy Deenihan

Question:

114 Mr. Deenihan asked the Minister for Education and Science the progress made on the implementation of the recommendations of the task force on the physical sciences; and if she will make a statement on the matter. [7863/05]

My Department is fully committed to strengthening the quality of science teaching and learning, promoting increased scientific literacy and encouraging more students to choose science subjects at senior cycle and progress to third level options in this critical area as a vitally important part of the national strategy to support competitiveness and employment. This work continues to be progressed and enhanced as resources permit in collaboration and consultation with the Department of Enterprise, Trade and Employment, Forfás and industry.

Important progress is being made in regard to curricular reform and in-service support, with new syllabi already implemented in leaving certificate biology, physics and chemistry. Revised syllabi in primary science and junior certificate science began in schools in 2003/04 and work is under way on a new leaving certificate physical sciences syllabus to replace the physics and chemistry combined syllabus. All of these developments are being or have been supported by national in-service programmes for teachers.

The junior certificate revised syllabus, with its hands-on investigate approach requiring the completion of 30 mandatory experiments, will be particularly important in encouraging more pupils to continue science in senior cycle. For 2004-05 the revised syllabus in junior certificate science is mandatory in all schools except those which have been given a derogation on the basis of having inadequate facilities. Only three schools applied for a derogation. Every effort will be made to bring their facilities to the required level by September 2005.

Resourcing provides an additional per capita grant for physics and chemistry at leaving certificate; a capital grants programme for senior cycle science ICT and science equipment; and the implementation of a once-off grant scheme to support the implementation of the new junior certificate science syllabus. A sum of €16 million has been invested in school laboratory facilities in 2004, through equipment grants linked to the introduction of the revised JC science syllabus and targeted refurbishment of schools labs most in need.

Important progress is also being made in ICT integration projects in teaching and learning under the schools IT initiative and the TV scope programme in partnership with RTE, NCCA and the National Centre for Technology in Education; provision of materials and publications to schools to promote the attractiveness and relevance of science for students as a subject option and career path; reviews on mathematics, grading of subjects in the leaving certificate, gender equity issues in science and initial reports on teacher training undertaken; and awareness measures supported by industry and third level colleges linking with schools and the launch of the new "Discover Science and Engineering" programme in October 2003 bringing together all the existing awareness activities in a unified strategy.

Investment in the programme for research in third level institutes is continuing apace to enhance and promote world class standards in research, innovation and development.

School Staffing.

Eamon Gilmore

Question:

115 Mr. Gilmore asked the Minister for Education and Science if her attention has been drawn to the difficulties experienced by school principals in obtaining fully qualified substitute teachers; if she has proposals to address this problem; and if she will make a statement on the matter. [7989/05]

The primary sector has experienced a shortage of trained teachers in recent years, mainly as a result of the large number of posts created to reduce class sizes, cater for pupils in disadvantaged areas and provide for those with special educational needs. The difficulties being experienced were aggravated by the number of teachers availing of career breaks and job sharing schemes. It is important to acknowledge that the colleges of education have done much to increase the output of primary teachers to meet the needs of schools arising from significant additional teacher allocations in recent years. Since 1999, over 1,000 students have been admitted annually to the bachelor of education programmes in the colleges of education.

Since the 1995-96 academic year, an 18-month postgraduate course has been provided in the colleges of education. The total intake to the colleges of education in the current academic year is approximately 1,280 students. This compares with an intake of 500 in 1996-97. There are currently approximately 3,500 students enrolled and pursuing various stages of primary teacher training programmes in the colleges of education. In addition, graduates of the new primary teacher training course which is being accredited by HETAC and delivered by Hibernia College, an on-line third level educational company, is recognised for the purposes of primary teaching.

In addition to increasing the output of graduates, other initiatives have been introduced to increase the number of trained personnel. Bachelor of education graduates of St. Mary's College, Belfast, who have studied Irish to honours level as an academic subject as part of their teaching qualifications are now recognised as fully qualified. Montessori trained teachers who have successfully completed the full-time course of three years duration at St. Nicholas, Dún Laoghaire, which is recognised by HETAC, or the Montessori qualification which is awarded on completion of the three year full-time course in the AMI College, are recognised as being fully qualified substitute teachers. They are permitted to teach in certain categories of special schools, special classes and as resource teachers in primary schools. The decision to recognise fully qualified teachers who trained outside the State to teach in certain categories of schools and classes without the need to hold an Irish language qualification is also contributing to an improvement in the supply of trained primary teachers.

Question No. 116 answered with QuestionNo. 87.

Pat Rabbitte

Question:

117 Mr. Rabbitte asked the Minister for Education and Science her views on a recent report (details supplied) which indicates that more than 200 science teachers qualify every year but that there are few full-time places for them; her further views on whether such teachers will look for work abroad; and if she will make a statement on the matter. [7987/05]

I am aware of the recent media report mentioned by the Deputy that indicated an over-supply of science teachers. I am sure the Deputy is aware that the teacher supply and demand issue at second level is very complex. Analyses undertaken by my Department in the past indicated that there are regional and subject variations. A further complicating factor is that vacancies in second level schools usually require specific subject combinations.

My Department is responsible for teacher education and development, with particular regard to initial teacher education covering the colleges of education and the education departments in the universities and colleges. There are a number of different courses of study available within these institutions which lead to a qualification in the teaching of science at second level, including the higher diploma in education in the universities, the concurrent bachelor of education courses at St. Catherine's College and St. Angela's College and the concurrent courses at a number of universities and colleges. My Department has a role in regulating the numbers of students entering both the bachelor of education programmes in St. Catherine's College and St. Angela's College and also on the higher diploma in education courses.

With regard to the higher diploma in education, in cases of clearly identified shortages or over-supply in specific subject areas, my Department can introduce a subject specific quota which can, in time, increase or reduce numbers of teachers and address over or under-supply. In the case of the concurrent model in the universities and colleges, my Department has a role in the provision of funding on an individual basis through the Higher Education Authority. However, it is a matter for the individual institutions to decide on the number of places available on the concurrent courses in a manner similar to decisions taken on the annual intake for any particular course of study. My Department does not and cannot have a direct role in the regulation of the overall number of people who opt to pursue a particular qualification in these institutions, whether in science teaching or another non-teaching field of study. My Department and the HEA are continuing to review the supply and demand of second-level teachers on an ongoing basis. The issue of science teachers will be one of the areas which will be given attention.

Question No. 118 answered with QuestionNo. 79.

Seán Ryan

Question:

119 Mr. S. Ryan asked the Minister for Education and Science if she has considered the recent survey carried out by the Irish Primary Principals Network which found that many principals are extremely overloaded and overworked; if she will address the administrative burden under which principals are currently operating; and if she will make a statement on the matter. [7981/05]

I am very conscious that schools across the country have to deal with a heavy administrative burden arising from necessary departmental and legislative requirements. I have indicated recently to a number of parties my intention to conduct a review of this administrative burden as soon as possible. I am happy to report that my Department will shortly write to the relevant stakeholders inviting them to consider where and in what way present processes can be improved upon. As well as consulting with interested parties, the process will look at internal procedures and ways in which we in the Department can streamline our business processes to deliver benefits to principals in schools. Increased use of IT systems and more effective communication between the Department, agencies and schools are just some of the ways that we are hoping to reduce the burden on schools.

We can collectively identify practical opportunities to streamline our processes, while still achieving our key objectives. I look forward to working with my officials and interested parties on addressing this issue on an ongoing basis.

Vocational Education Committees.

Paul Kehoe

Question:

120 Mr. Kehoe asked the Minister for Education and Science the number of Department of Education approved further education places for 2004/2005; and if she will make a statement on the matter. [7866/05]

I assume the Deputy refers to the number of places approved annually for post leaving certificate courses. In the 2004-05 academic year, approximately 28,500 places were approved. The approval process for PLC places for the academic year 2005-06 will take account of enrolment trends, applications from VECs, schools and colleges for course approval and the totality of demands for courses and teaching resources across the system.

Question No. 121 answered with QuestionNo. 58.

Medical Education.

Liz McManus

Question:

122 Ms McManus asked the Minister for Education and Science the proposals she has to ensure sufficient places are available in medical schools for Irish and EU citizens; the total number of such places and the overall number of places; and if she will make a statement on the matter. [4238/05]

The Higher Education Authority introduced a quota of Irish and non-Irish entrants to first year medical programmes, with effect from the 1980-81 academic year. The agreed figures were 305 Irish and 28 non-Irish. Following a Government decision in 1987, it was agreed that the intake of foreign students — non-nationals of EU member states — in the university medical schools should be increased to maximum extent possible with effect from the 1987-88 academic year. The figures for the new entrants to the medical schools in Ireland for the 2003-04 academic year can be seen in the following table.

As the Deputy will be aware, my predecessor and the Minister for Health and Children established a working group on undergraduate medical education and training to review the organisation and delivery of medical training and education in Ireland. The group has presented interim recommendations for significant reform of the entry mechanism to medical education. The recommendations include the introduction of a multi-streamed model of entry to medicine, comprising undergraduate and graduate entry methods, with leaving certificate performance no longer the sole selection method for entry at undergraduate level. I anticipate that the full report of the working group on undergraduate medical education and training will become available by mid-2005. It is my intention to consider the broad range of recommendations that are expected in tandem with my colleague, the Tánaiste and Minister for Health and Children. The question of increasing the numbers of medical places in line with projected health service requirements will be progressed in this context.

New Entrants to Year 1 and Year 2 of Medicine courses by Origin for the academic year 2003/04 (census date March 04).

Year 1

Year 2

Total

Ireland

Other EU

Non EU

Total

Ireland

Other EU

Non EU

Total

Ireland

Other EU

Non EU

Total

UCD

80

5

20(7 PMC)

105

17

0

86(42 PMC)

103

97

5

106(49 PMC)

208

UCC

59

2

61

122

0

0

0

0

59

2

61

122

TCD

54

3

15

72

1

0

39

40

55

3

54

112

NUIG

53

2

21

76

0

0

24

24

53

2

45

100

RCSI

8

2

115

125

17

2

96

115

25

4

211

240

Total

254

14

232

500

35

2

245

282

289

16

477

782

Note 1: PMC Penang are included in these figures but separately identified in brackets.
Note 2: UCD Year 1 means 1st Year of a six year programme, Year 2 means 1st Year of a five year programme.
Note 3: UCC All students go into Year 1 of a 5 year programme.
Note 4: Origin is based on fee status.

School Transport.

Bernard Allen

Question:

123 Mr. Allen asked the Minister for Education and Science the number of children carried on school transport services for 2004; the cost of the service for 2004; the comparable data for 1999; and if she will make a statement on the matter. [7882/05]

The number of children availing of school transport services in a school year varies from time to time. Accordingly, the figures below are averages of pupils availing of the service within the years mentioned. Between 8,000 and 9,000 children with special needs currently avail of the transport service and these are included in the overall figures. In 1999, the figure was 145,000 and in 2004 it was 140,000. Total expenditure for each of the years in question was €57.978 million in 1999 and €109.845 million in 2004.

In addition to rising fuel and insurance costs, a major contributory factor to the increase in transport costs in recent years has been the provision of improved transport facilities for children with special needs. The most recent figures available indicate that 30% of the budget is being expended on transport and grants for children with special needs who represent about 6% of the overall number of children carried. The cost of employing escorts for children with special needs has increased significantly in line with the growth in that service. The payments made in 2004 include an increase in the hourly rate of pay plus a once-off lump sum payment.

Schools Building Projects.

Joe Sherlock

Question:

124 Mr. Sherlock asked the Minister for Education and Science if she intends to review the forward planning system in the building unit of her Department in view of the increasing problems of schools; and if she will make a statement on the matter. [7959/05]

The general process of assessing and planning for the need for additional provision 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. 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.

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, a specific forum, the Dublin school planning committee, chaired by officials of my Department, interacts with the Dublin local authorities. The forum comprises representatives of the local authorities in Dublin and those of the patron bodies of primary schools. It works proactively to monitor demographic changes and their likely impact. Over and above this, as the Deputy will be aware, a new area based approach to school planning is being pursued by my Department. This involves a public consultation process and published area development plans which form a blueprint for school development in an area in a ten-year period. All of these measures, taken in combination, will enable us to build on the progress made to date and plan and respond ever more effectively to emerging need.

Denis Naughten

Question:

125 Mr. Naughten asked the Minister for Education and Science the action she is taking to upgrade schools in County Roscommon; and if she will make a statement on the matter. [7754/05]

Applications for capital funding for schools are assessed in accordance with the published prioritisation criteria, which was revised following consultation with the education partners. I recently announced the first phases of the 2005 school building and modernisation programme which provided details of 122 major school building projects countrywide which will prepare tenders and move to construction during the next 12 to 15 months; an expansion to 171 in the number of schools that will be invited to deliver their building projects on the basis of devolved funding; 20 schools that will be provided with prefabricated accommodation already in the system; 43 schools that will be authorised to commence architectural planning; and 590 schools approved for funding under the 2005 summer works scheme.

In addition to three building projects currently under construction in County Roscommon, funding for a further eight has been announced recently. I plan to make further announcements in the coming period in relation to the schools building and modernisation programme which will include details of schools identified as suitable for construction under public private partnerships and schools whose projects will further progress through the design process. Eligible projects, including those in County Roscommon, will be considered for inclusion in future announcements.

Special Educational Needs.

Billy Timmins

Question:

126 Mr. Timmins asked the Minister for Education and Science the progress being made on the implementation of the recommendations of the task force on autism; and if she will make a statement on the matter. [7862/05]

The recommendations of the task force on autism provide an invaluable basis for the development of educational services and supports for persons with autism. However, in responding to the recommendations, my Department has had to give priority to a number of key areas before detailed individual recommendations can be addressed. The key areas involve the implementation of the core legislative and structural measures required to underpin service development and delivery.

This approach is critical to the implementation of many of the individual recommendations of the task force including those relating to assessment, parental involvement, service delivery, information dissemination, promotion of inclusion and co-ordination between health and education authorities. The Education for Persons with Special Educational Needs Act 2004 has been enacted, while on the structural front, the National Council for Special Education, NCSE, has been established on a statutory basis. These developments represent significant progress and I am confident they will have a positive impact on services for children with special educational needs, including those with autism.

The issue of the ongoing implementation of the recommendations of the task force continues to receive detailed consideration within my Department. However, my Department has already acted on many of the recommendations of the task force and is continuing to develop the network of special educational provision for children with autism. The extent of progress can be measured with reference to the fact that, since 1998, when autism was first recognised as a distinct special educational need, a number of dedicated facilities have been developed.

In the course of development, 141 special classes for children with autism attached to special schools and mainstream schools have been created; ten pre-school classes for children with autism established; eight autism facilities, some of which are providing an applied behavioural analysis model of response to children with autism are being funded and five special classes for children with Asperger's syndrome have been created. My Department sanctions home tuition grants for children with autism for whom a home based applied behavioural analysis programme is considered appropriate or in cases where such children are awaiting an appropriate school placement.

In addition to the above, the task force on autism put forward a range of important recommendations in the area of continuing professional development. My Department continues to address these recommendations on a phased basis through existing supports, newly established structures and specific interventions. Developments worthy of note include the establishment of the special education support service in September 2003, the provision by the Department on an annual basis for 140 places on a postgraduate diploma programme in special educational needs and 20 places on a postgraduate programme in autism. The Department also funded the development of an applied behaviour analysis training programme in Trinity College, Dublin, and funded the participation of 12 teachers on the course in 2003-04. The successful participants are now available to the Department as classroom teachers and a further training resource.

The role of the special education support service is to manage, co-ordinate and develop a range of supports in response to identified training needs. The service is hosted in Laois Education Centre and is funded by my Department. As part of its response to the growing demand from teachers for support and training, the special education support service has established teams of trainers to deliver training in post-primary level. Training is delivered locally across the State through the education centre network. In addition, the service provides immediate responses to requests from schools for support in a variety of autism-related areas.

The service also funds the provision of on-line training courses, including a course on autism, during the summer months of July and August and during the autumn and spring terms. The service funds approved approaches to the teaching of children with autism such as picture exchange communication system, known as PECCS, and treatment and education of autistic and related communication handicapped children, known as TEACCH, and the Hanen approach.

Another major landmark in the development of autism specific services was the launch last September of the Middletown Centre for Autism in County Armagh. This marked the successful completion of the purchase of the former St. Joseph's Adolescent Centre, Middletown, on behalf of the Department of Education in the North and the Department of Education and Science in the South. Both Departments plan to refurbish the property to meet the needs of a centre of excellence for children and young people with autism throughout the island of Ireland.

The centre will be dedicated to improving and enriching the educational opportunities of children and young people with autistic spectrum disorders. I am satisfied that the steps taken in recent years and those in hand represent significant progress in the development of services for children with autism. However, I fully recognise that further progress is required and my Department in consultation with parents and existing service providers will seek to ensure the recent rate of development is maintained.

Questions Nos. 127 and 128 answered with Question No. 101.

School Enrolments.

Ruairí Quinn

Question:

129 Mr. Quinn asked the Minister for Education and Science the provisions she is putting in place to cater for the projected increase in the student population in the years ahead; if she will be publishing the report prepared by her officials on this subject; and if she will make a statement on the matter. [7984/05]

My Department is considering the results of recent revisions to projections of future enrolment in the light of demographic and social changes as well as the publication, by the CSO, of new population projections in December 2004. As the Deputy will appreciate, uncertainties arise in regard to future migration trends, participation at various levels of education and long-term trends in births. Nevertheless, it is important to move ahead and plan for the continuing increase in enrolments at primary level, which will eventually feed into second level, as well as the need to increase completion flows from further and higher education in the light of long-term economic and social needs. Following consideration of the likely resource and policy implications of the revised projections, I plan to make the latest projection publicly available before the end of the current school year.

Education Welfare Service.

Gerard Murphy

Question:

130 Mr. Murphy asked the Minister for Education and Science the number of education welfare officers working in each county in the State; and if she will make a statement on the matter. [7906/05]

Since its formal launch in December 2003, the aim of the National Educational Welfare Board has been to provide a service to the most disadvantaged areas and most at risk groups. A total of five regional teams have been established with bases in Dublin, Cork, Limerick, Galway and Waterford. Staff have been deployed in areas of greatest disadvantage and in areas designated under the Government's RAPID programme. Educational welfare officers have been appointed in 13 towns with significant school going populations, 12 of which are designated under the Government's RAPID programme. In addition, the board will follow up on urgent cases nationally where children are not currently receiving an education.

In response to a request from the board, my Department approved the recruitment of an additional ten staff in November 2004 to meet identified needs. Decisions relating to the assignment of the additional staff to specific areas are a matter for the board which is an independent statutory agency. My Department has asked the board to convey details directly to the Deputy of the number of educational welfare officers in each county.

Schools Building Projects.

David Stanton

Question:

131 Mr. Stanton asked the Minister for Education and Science if she will make funding available to enable science laboratories to be upgraded at a second level school (details supplied) in County Cork; and if she will make a statement on the matter. [8010/05]

An extension project at the school has been assessed in accordance with the published prioritisation criteria, and the project is being considered in the context of the school buildings and modernisation programme. The upgrade of the science laboratories will be addressed as part of the overall project for which schedules of accommodation have been agreed with the school.

The Deputy will be aware that I have made a number of announcements relating to the 2005 school building programme which included details of 43 school projects which are being authorised to proceed to architectural planning immediately. I will be making further announcements on projects which will progress, on a phased basis, into the architectural planning process in the next 12 to 15 months. The proposed extension project for the school will be considered in this regard.

State Examinations.

Olivia Mitchell

Question:

132 Ms O. Mitchell asked the Minister for Education and Science the percentage of students at second level who complete the leaving certificate examination; and if she will make a statement on the matter. [7901/05]

The most recently published analysis by my Department of retention rates at second level which was released in August 2003, indicates that for the 1994 cohort of students, the adjusted senior cycle retention rate is 81.8%. My Department's approach to addressing the issue of retention in schools comprises legislative and curricular reforms as well as interventions to prevent early school leaving. The Education (Welfare) Act 2000 established the National Educational Welfare Board as the single national body with responsibility for school attendance. With regard to curriculum reform, my Department's strategies have included widening the educational experience available to students through such programmes as the junior certificate schools programme, the leaving certificate vocational programme and the leaving certificate applied.

The school completion programme directly targets those in danger of dropping out of the education system and is a key component of my Department's strategy to discriminate positively in favour of children and young people who are at risk of early school leaving. It is important to note that education and training provision is available outside the school system for young people who leave school earlier in programmes such as Youthreach, Youth Encounter and by FÁS.

School Curriculum.

Enda Kenny

Question:

133 Mr. Kenny asked the Minister for Education and Science if she has received any proposals with regard to the teaching of Irish at primary or secondary level; and if she will make a statement on the matter. [7892/05]

My Department is actively engaged in a number of activities relating to the teaching and learning of Irish. These include a focused evaluation of Irish, along with English or mathematics, in 45 primary schools and an evaluation of the teaching and learning of Irish in the junior cycle in 75, or 10%, of post-primary schools. Both of these programmes of inspections will be completed in 2005 and each will culminate in a report which will be published.

At the request of my Department, the National Council for Curriculum and Assessment is carrying out a review of languages in the post-primary curriculum. Concurrently, my Department is engaging with the language policy division of the Council of Europe which is conducting an analysis of language teaching and learning at both primary and post-primary level. Irish is one of the languages involved in both of these processes. I look forward to receiving the reports in due course.

Psychological Service.

Breeda Moynihan-Cronin

Question:

134 Ms B. Moynihan-Cronin asked the Minister for Education and Science her plans to reduce the waiting lists for the NEPS; the numbers currently on the waiting lists; and if she will make a statement on the matter. [7990/05]

The educational psychologists in the National Educational Psychological Service do not keep waiting lists of children requiring assessment in the sense of lists of names that are dealt with in chronological order. School authorities refer children for assessment and discuss the relative urgency of each case during the psychologists' visits. An overall account of current waiting lists, as requested by the Deputy, is not available to NEPS as this information is held by the schools.

In common with many other psychological services, NEPS operates a staged model of service to schools, whereby an initial referral usually leads to a consultation and provision of advice to teachers and parents on appropriate teaching and management strategies. Progress is kept under review and only those children who fail to respond to these interventions will need to see a psychologist. This allows the psychologists to offer early appointments to children who are in urgent need of support and early advice to teachers in respect to those children whose needs are perhaps less pressing but who still need additional help in school.

NEPS is being developed on a phased basis over a number of years. Pending expansion of its service to all schools in the country, my Department has allocated funding to NEPS to allow for the commissioning of psychological assessments from private practitioners. NEPS has issued details of how to avail of the scheme for commissioning psychological assessments to all schools and these also appear on my Department's website. NEPS is currently conducting a review of the operation of the scheme and examining ways in which it may be used more flexibly to respond to any unmet needs for assessment.

Departmental Staff.

Ruairí Quinn

Question:

135 Mr. Quinn asked the Taoiseach the assignments of responsibility which have been made under section 9 of the Public Service Management Act 1997 for the performance of his functions by officers of his Department, indicating in respect of each function or class of function whether the assignment has been to named officers or to a grade or grades of officer and whether any of the requirements listed in section 9(1)(a) to (f) of the Act have been included in the assignment; if information relating to such assignments of responsibility ispublished by his Department; if he is satisfied with the workings of section 9 within his Department; and if he will make a statement on the matter. [8139/05]

Ruairí Quinn

Question:

136 Mr. Quinn asked the Taoiseach the arrangements in place within his Department relating to the delegation by him of his functions under Acts other than the Public Service Management Act 1997, indicating whether such delegations are express or implied, whether they are in general terms or confined to particular functions or the performance of functions in particular classes of cases, whether the delegation is to named officers or to officers of a particular grade or grades and whether the performance of functions of any particular class is reserved to him personally; if information relating to such delegations is published by his Department; if he has satisfied himself with the working of this system of administration in conjunction with the provisions of the Public Service Management Act 1997; and if he will make a statement on the matter. [8154/05]

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

In 1999, the Secretary General in my Department assigned responsibilities to assistant secretaries, under section 9 of the Public Service Management Act, for overseeing the management of their divisions in line with the outputs specified in their business plans and the resources allocated to them or under their control. Under these assignments, assistant secretaries are responsible for advising on, monitoring and implementing policy, and overseeing the delivery of quality services in respect of their divisions.

The Secretary General subsequently assigned responsibility for financial management matters, as envisaged in section 9(1)(e) of the Act, to assistant secretaries and principal officers, in the context of further strengthening the internal financial control systems within the Department. Further assignments in regard to staff management matters, as envisaged in section 9(1)(f) of the Act, will be considered once legislation to amend the Civil Service Regulation Act 1956 has been enacted, at which time revisions to the original assignments are also planned to reflect changes in personnel and re-assignments of functions at assistant secretary level.

The assignment of functions under the Act forms part of more extensive management arrangements to support the discharge of the Department's business, including; preparation of the three-year strategy statement and annual progress reports; a programme of business planning reviews undertaken by the management advisory committee in respect of each division; target setting and annual review for each assistant secretary; and the performance management and development system, PMDS, under which responsibility for the delivery of the outputs in the business plans is assigned at individual and team level across all grades in the Department.

While the Department's strategy statements, which outline the objectives and strategies being pursued by the Department and the indicators against which progress will be measured, and annual reports, which report progress on the implementation of the strategy statements, are published, it has not been the practice to publish assignments of responsibility, divisional business plans or the role profiles of individual staff members.

In the normal course of discharge of the business of the Department, I, like my predecessors, delegate responsibilities to my Ministers of State and officials. Some of these are undertaken under implied delegation of authority, while others are delegated under, and in accordance with the provisions of, the relevant legislation, for example, under the Statistics Act, responsibility for the Central Statistics Office is delegated to the Government Chief Whip, under the Civil Service Regulation Act, responsibility for certain staff management matters is delegated to officials in the Department and so forth. Any question arising in regard to such implied delegation of authority is a matter for legal interpretation by the courts.

I believe that the above arrangements for the delegation and assignment of functions within my Department are the appropriate ones, having regard to its size and remit.

Ministerial Responsibilities.

Ruairí Quinn

Question:

137 Mr. Quinn asked the Taoiseach the practice in his Department relating to the identification for legal and administrative purposes of his Department as an entity separate and distinct from his own legal personality as Taoiseach, indicating whether contracts or other legal rights or liabilities are entered into, accepted or enjoyed in the name of his Department rather than in his own name; if so, the nature of those contracts, rights and liabilities; and if he will make a statement on the matter. [8169/05]

The Ministers and Secretaries Act 1924 and the Public Service Management Act 1997 set out clearly the legal position of Government Ministers and Departments. Section 3 of the Public Service Management Act 1997 restates the responsibility of Ministers for the performance of functions which are assigned to their Department. Section 2(1) of the Act of 1924 provides that each Minister shall be a corporation sole and shall have perpetual succession and an official seal, and may sue and be sued, and may acquire, hold and dispose of land for the purposes of the functions, powers or duties of the Department of State of which he or she is head or of any branch thereof.

Contracts and all other legal rights or liabilities of my Department, therefore, are either entered into, accepted or enjoyed in the name of the Taoiseach or on behalf of the Taoiseach.

Violence Against Women.

Pat Rabbitte

Question:

138 Mr. Rabbitte asked the Tánaiste and Minister for Health and Children if her attention has been drawn to the fact that services in Mayo for women who are victims of domestic violence are at breaking point as there has been no increase in funding to the services since 2002 and that this persistent underfunding is hindering service providers from developing long-term plans; if she will consider the provision of guaranteed funding for the Mayo Women’s Refuge Centre to allow it provide services in a planned way; and if she will make a statement on the matter. [8184/05]

Pat Rabbitte

Question:

139 Mr. Rabbitte asked the Tánaiste and Minister for Health and Children if her attention has been drawn to the fact that victims of rape and sexual assault from north Mayo are at a major disadvantage in receiving counselling for their trauma in comparison to the rest of the county, because of the lack of a full-time Rape Crisis Centre in the region; the inability of the Rape Crisis Centre, based in Castlebar, to open a second centre in Ballina because of lack of guaranteed adequate funding as a result of which victims of sexual violence in the area are being deprived of the services that could assist them in recovering from their terror; if she will provide funding to allow for the opening of a centre in Ballina; and if she will make a statement on the matter. [8185/05]

I propose to take Questions Nos. 138 and 139 together.

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

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

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

Hospital Waiting Lists.

Mary Upton

Question:

140 Dr. Upton asked the Tánaiste and Minister for Health and Children if she will ensure that a person (details supplied) is scheduled for an operation as soon as possible. [8072/05]

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. As the person in question resides in Dublin, 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.

Services for People with Disabilities.

Fiona O'Malley

Question:

141 Ms F. O’Malley asked the Tánaiste and Minister for Health and Children if she will consider extending the physical and sensory disability care group to include people living with disabilities who are over 65 in order that they can avail of services provided under this budget. [8103/05]

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. Accordingly, my Department has requested the chief officer of the executive's eastern regional area to investigate the matter raised and to reply directly to the Deputy.

Smoking Ban.

Ned O'Keeffe

Question:

142 Mr. N. O’Keeffe asked the Tánaiste and Minister for Health and Children if smoking by patients is permitted in geriatric-type hospitals in a designated smoking room; and if her attention has been drawn to the fact that concerns have been raised by patients in a geriatric hospital where such smoking is no longer permitted. [8106/05]

The smoke free workplaces measures apply, with limited exceptions, to all enclosed places of work. The exemptions are specified in the Public Health (Tobacco) (Amendment) Act 2004 and where a hospital, as referred to by the Deputy, meets the requirements so specified an exemption will apply. A decision to allow the smoking of tobacco products in exempted premises is a matter for the management of the premises concerned. However, the fact that a premises is exempted does not confer a right to smoke in that location and neither does it affect the duty of care an employer has in respect of his or her employees.

General Medical Services Scheme.

Billy Timmins

Question:

143 Mr. Timmins asked the Tánaiste and Minister for Health and Children her estimate of the value of drugs that were prescribed and issued on the GMS scheme but were left unused in 2003 and 2004; and if she will make a statement on the matter. [8111/05]

The total cost of medicines dispensed to people with a medical card for the years ending December 2003, the latest year available was €650.66 million. Information regarding the amount of medicines prescribed but not used by patients is not collected by my Department.

Health Services.

Billy Timmins

Question:

144 Mr. Timmins asked the Tánaiste and Minister for Health and Children if the catchment area for Baltinglass District Hospital will be redefined to include those areas of south-west Wicklow and south-east Carlow which were in the catchment area of the hospital prior to 2000; and if she will make a statement on the matter. [8115/05]

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 Baltinglass District 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.

Billy Timmins

Question:

145 Mr. Timmins asked the Tánaiste and Minister for Health and Children the structure now in place to deal with the administration of health services in counties Wicklow and Carlow; the way in which these responsibilities are broken down; and if she will make a statement on the matter. [8118/05]

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

Responsibility for the administration of the health services in counties Wicklow and Carlow rests with the executive. My Department has requested the interim chief executive officer of the executive to reply directly to the Deputy.

Departmental Expenditure.

Billy Timmins

Question:

146 Mr. Timmins asked the Tánaiste and Minister for Health and Children the spend per head of population in the former health board areas in 2003 and 2004; if there is an inequity in the figure, the way in which it will be dealt with under the new administration; and if she will make a statement on the matter. [8119/05]

The amount of health funding available to each of the former health boards and the ERHA in 2003 and 2004 on a per capita basis is set out in the following table.

Per Capita Funding — 2003 and 2004 Revised Determination.

Health Board/Authority

2003 Funding per capita based on Revised Determination

2004 Funding per capita based on Revised Determination

Eastern Regional Health Authority

2,266

2,450

Midland Health Board

1,780

1,944

Mid-Western Health Board *

1,691

1,796

North Eastern Health Board

1,526

1,639

North Western Health Board

2,127

2,327

South Eastern Health Board

1,605

1,740

Southern Health Board*

1,743

1,879

Western Health Board

1,981

2,116

*Mid-Western Health Board figures include St. John's Hospital, Limerick; Southern Health Board figures include the Mercy Hospital, Cork, South Infirmary/Victoria Hospital, Cork and Cork University Dental School and Hospital.

As can be seen from the figures shown, there were varying levels of funding in each of the former health boards and the ERHA areas. The variations reflect a number of factors which, to different degrees, impact on service provision of former boards. Such factors include, the presence of national and regional specialties, the effect of case mix outcomes in respect of acute hospital performance, the instances of patient transfer between former boards and demographic factors.

From 2005 onwards, a new vote, Vote 40, contains the voted funding for the Health Service Executive, which now has the responsibility for delivering health and personal social services. It will be a matter for the executive and its management to determine how best to fund the different service directorates going forward.

Hospitals Building Programme.

Billy Timmins

Question:

147 Mr. Timmins asked the Tánaiste and Minister for Health and Children if land at Attyfinaly, Carrick-on-Shannon, County Leitrim (details supplied) is still for sale; when the health authority will finalise the matter; the status of the land; and if she will make a statement on the matter. [8121/05]

The Health Act 2004 provides for the Health Service Executive, which was established on 1 January 2005. Under the Act, the executive has the responsibility to manage and deliver, or arrange to be delivered on its behalf, health and personal social services. This includes responsibility for management of land and properties formerly held by health boards and now vested in the executive.

Accordingly, my Department has requested the chief officer for the executive's north western area to investigate the matter raised and to reply directly to the Deputy.

Health Service Staff.

Dan Neville

Question:

148 Mr. Neville asked the Tánaiste and Minister for Health and Children the percentage of total employment under the Health Service Executive of persons who have employed persons suffering from disability. [8124/05]

The latest available information for the employment by health boards of persons with a disability is for 31 December 2003. Data in respect of the end 2004 position are currently being compiled.

The number of employed persons in each health board with a disability at end-2003 is set out in the following table. For the purpose of this exercise the definition of disability is as defined by the Department of Justice, Equality and Law Reform in the compilation of its statistics for the 3% target for the employment of people with disabilities in the public service. The return from the ERHA was incomplete due to methodological difficulties in compiling the data for thatregion.

Persons Employed with a Disability as at 31/12/2003.

Health Service Area

Total Number Employed

Total Number Disabled

%

Eastern

Complete Return Not Received

Midland

5,205

66

1.3

Mid-Western

8,261

77

0.9

North-Eastern

6,911

154

2.2

North-Western

8,878

312

3.5

South-Eastern (WTE)

8,610

268

3.1

Southern

10,041

402

4.0

Western

10,136

77

8.0

Services for People with Disabilities.

Finian McGrath

Question:

149 Mr. F. McGrath asked the Tánaiste and Minister for Health and Children the reason no action was taken to assist a person (details supplied) with a disability; and if this person’s family will receive the maximum support and assistance. [8130/05]

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. 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.

Hospital Waiting Lists.

Pat Breen

Question:

150 Mr. P. Breen asked the Tánaiste and Minister for Health and Children when an applicant (details supplied) in County Clare will be facilitated with an outpatient appointment; and if she will make a statement on the matter. [8132/05]

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 for residents of County Clare. Accordingly, my Department has requested the chief officer of the executive's mid-western area to investigate the matter raised and to reply directly to the Deputy.

Infectious Diseases.

Paul McGrath

Question:

151 Mr. P. McGrath asked the Tánaiste and Minister for Health and Children if the Government is taking any precautions to prevent an outbreak of bird flu here; if it is planning to have vaccines made available to the general public; and if she will make a statement on the matter. [8134/05]

Avian influenza, or bird flu, is an infectious disease of animals caused by viruses that normally affect only birds. While all bird species are thought to be susceptible to infection with avian influenza, domestic poultry flocks are especially vulnerable to infections that can rapidly reach epidemic proportions. There have been a number of outbreaks in poultry in Asia since late 2003.

In 1997, avian influenza A, H5N1, was responsible for 18 cases of severe respiratory disease and six deaths in humans in Hong Kong. Prior to this outbreak, H5N1 was not known to infect humans. It is now recognised that highly pathogenic avian influenza outbreaks pose a significant threat to human health, with H5N1 infections in humans causing severe illness and having a high case fatality rate.

In January 2004, Thailand and Vietnam reported their first human cases of H5N1 avian influenza infection. According to the World Health Organisation, WHO, there were 55 laboratory confirmed cases in Thailand, Vietnam and Cambodia between January 2004 and 2 February 2005, of which 42 were fatal. Four new cases of human infection were announced by the Ministry of Health in Vietnam on 7 March 2005. The WHO has confirmed that there is no evidence of efficient and sustained human-to-human transmission.

The greatest concern for human health is that the avian influenza, H5N1, virus will remain endemic in Asia and that continued transmission of the virus to humans and other animals will provide opportunities for human and avian viruses to exchange genes, reassortment, to produce a virus that can replicate in humans, is highly pathogenic and is easily transmissible between humans. In a human population with no pre-existing immunity, such a virus could trigger a global influenza pandemic.

An influenza pandemic would have very serious effects in terms of mortality and morbidity; services such as acute hospitals and general practice would experience greatly increased workloads, well in excess of those seen during more regular outbreaks of influenza. Medical experts consider that another influenza pandemic will occur; however, it is impossible to predict when it will occur. The ongoing outbreaks of avian influenza in Asia highlight the need for vigilance and preparedness.

The Health Protection Surveillance Centre, HPSC, plays a key role in relation to the prevention and management of infectious diseases, including influenza, in this country. The Irish approach to infectious diseases outbreaks is based on sound internationally accepted principles such as: preventative measures; early identification of cases; effective clinical care, including good hospital infection control; appropriate surveillance; and contract tracing and management of contacts.

The HPSC monitors the avian influenza situation in Asia on an ongoing basis through the World Health Organisation. There are no restrictions on travel to any country currently experiencing outbreaks of H5N1 avian infection in poultry flocks, including countries, which have also reported cases in humans. However, in line with advice from the WHO, it is recommended that Irish travellers to areas experiencing outbreaks of H5N1 avian influenza infection should avoid contact with live animal markets and poultry farms. In addition, the following actions have been undertaken: interim Irish guidelines on the investigation and management of suspected human cases of highly pathogenic avian influenza, influenza A/H5, have been circulated to all health care professionals and are also posted on the HPSC website. Guidance in the form of a SARS and avian influenza clinical management algorithm has been circulated to hospitals and clinicians on the appropriate management of travellers with an influenza-like illness who have returned from east or south-east Asia, that is, areas where avian influenza outbreaks are occurring. This will assist in early detection of any influenza A/H5 cases.

The overall aims of pandemic influenza preparedness planning are to reduce morbidity and mortality, and to minimise the resulting disruption to society. However, the consequences of a global pandemic are still likely to be serious. Pandemic planning can only mitigate the effects.

The influenza pandemic expert group is reviewing and updating Ireland's 2002 influenza pandemic preparedness plan. Once finalised the updated plan will be published. The 2002 plan was based on the World Health Organisation, WHO, blueprint for an influenza pandemic plan published in 1999. It addresses a range of issues including prevention strategies, scientific and medical issues, and communications. The WHO plan is currently being updated to incorporate new scientific data and experience obtained during recent outbreaks. Our pandemic plan will be modified in line with these recommendations once they are agreed and published by the World Health Organisation.

Vaccination is the principal measure for preventing influenza and reducing the impact of epidemics. It will be the primary public health intervention in the event of an influenza pandemic. However, the production of a vaccine tailored to a pandemic influenza strain could take six to nine months. Developments are under way at international level seeking to expedite this process.

Pending the availability of virus specific vaccines, antiviral drugs will be the only influenza specific medical intervention available for use in a pandemic. Antivirals can be used for prophylaxis prevention and for treatment. The Government has agreed that antiviral drugs should be stockpiled. The expert group has reviewed recommendations for the use of antivirals in line with international guidance and I am now considering its advice. It is anticipated that procurement arrangements will be initiated within the next few weeks.

A national antiviral stockpile would be used to treat priority groups. Prioritisation is essential if both morbidity and mortality are to be reduced, and essential services are to be maintained thereby minimising as far as possible the disruption to society which might result from a pandemic. The priority groups include, for example, individuals who are hospitalised with influenza, people who may be more vulnerable to the virus, and key workers in essential services.

It should be noted, however, that pandemic planning is a dynamic process and the definition of risk is likely to change over time. This means that the recommendations for use of antivirals must be kept under review. In particular, the expert group will need to review the epidemiological data before final recommendations are decided in the setting of an imminent pandemic. The decision-making process will be guided at all times by relevant expert advice from the European Commission and the World Health Organisation.

Departmental Staff.

Ruairí Quinn

Question:

152 Mr. Quinn asked the Tánaiste and Minister for Health and Children the assignments of responsibility which have been made under section 9 of the Public Service Management Act 1997 for the performance of her functions by officers of her Department, indicating in respect of each function or class of function whether the assignment has been to named officers or to a grade or grades of officer and whether any of the requirements listed in section 9(1)(a) to (f) of the Act have been included in the assignment; if information relating to such assignments of responsibility is published by her Department; if she has satisfied herself with the workings of section 9 within her Department. [8140/05]

The assignment of functions under the Public Service Management Act 1997 was first made by the then Secretary General of the Department of 1 January 1999, covering all individuals at assistant secretary grade. While the frameworks to date have contained assignment in respect of named individuals, they also include a generic statement of responsibilities for the assistant secretary grade, as well as for the overall management of divisions. All frameworks to date are available internally.

The assignment of functions under the Public Service Management Act 1997 forms part of a deep and extensive management structure which supports the discharge of the business of the Department. These structures include: the performance management and development system, including an individual role profile and twice yearly review for all officers; preparation of a three year statement of strategy and annual business plans for the Department; formal monitoring by the management advisory committee of the implementation of business plans; target setting and annual review for each assistant secretary; network of principal officers and equivalents and assistant principal officers and equivalents whose function is to contribute to the development of policy in key areas.

I am satisfied with the way the framework of assignments has been operating in my Department.

Ministerial Responsibilities.

Ruairí Quinn

Question:

153 Mr. Quinn asked the Tánaiste and Minister for Health and Children the arrangements in place within her Department relating to the delegation by her of her functions under Acts other than the Public Service Management Act 1997, indicating whether such delegations are express or implied, whether they are in general terms or confined to particular functions or the performance of functions in particular classes of cases, whether the delegation is to named officers or to officers of a particular grade or grades and whether the performance of functions of any particular class is reserved to her personally; if information relating to such delegations is published by her Department; if she has satisfied herself with the working of this system of administration in conjunction with the provisions of the Public Service Management Act 1997. [8155/05]

As I indicated in my reply to Parliamentary Question No. 152 of today's date, there is a deep and extensive management structure in my Department which supports the discharge of the business of the department and the assignment and delegation of functions. These structures include: preparation of a three-year statement of strategy and annual business plans for the Department; a performance management and review system, including individual role profile and twice yearly review for all officers; formal monitoring by the management advisory committee of the implementation of business plans; target setting and annual review for each assistant secretary; network of principal officers and equivalents and assistant principal officers and equivalents whose function is to contribute to the development of policy in key areas.

In the normal course of discharge of business by the Department, a number of functions are undertaken under implied delegation of authority from the Minister. Any legal challenge arising in regard to such implied delegation of authority is a matter for legal interpretation by the courts.

In addition to the Public Service Management Act 1997, there are a number of other legislative provisions under which particular matters have been delegated in my Department. In the case of some, details are made available publicly, such as the details of the Department's arrangements for the making of initial decisions and internal review under the Freedom of Information Acts 1997 to 2003, where details have been laid before the Houses of the Oireachtas. In other cases, such as the nomination of certain post holders as suspending authorities in cases of grave misconduct, the details are not published.

I am satisfied that the management system in my Department and the procedures for the delegation of functions are working well, and are kept under review.

Ruairí Quinn

Question:

154 Mr. Quinn asked the Tánaiste and Minister for Health and Children the practice in her Department relating to the identification for legal and administrative purposes of her Department as an entity separate and distinct from her own legal personality as Minister, indicating whether contracts or other legal rights or liabilities are entered into, accepted or enjoyed in the name of her Department rather than in her own name; if so, the nature of those contracts, rights and liabilities. [8170/05]

The Ministers and Secretaries Act, 1924 and the Public Service Management Act 1997, set out clearly the legal position of Government Ministers and Departments. Section 3 of the Public Service Management Act 1997 restates the responsibility of Ministers for the performance of functions which are assigned to their Department. Section 2(1) of the Act of 1924 provides that each Minister shall be a corporation sole and shall have perpetual succession and an official seal, and may sue and be sued, and may acquire, hold and dispose of land for the purposes of the functions, powers or duties of the Department of State of which she or he is head or of any branch thereof. Contracts and all other legal rights or liabilities are, therefore, either entered into, accepted or enjoyed in the name of the Minister or on behalf of the Minister.

Nursing Home Costs.

Mary Upton

Question:

155 Dr. Upton asked the Tánaiste and Minister for Health and Children if she will comment on the entitlement of a person (details supplied) in Dublin 12 to a rebate for their late parent’s pension paid to cover nursing home costs. [8188/05]

The Supreme Court judgment of 16 February related only to charges in public long-stay institutions and publicly contracted beds in private nursing homes. A special Cabinet sub-committee comprising the Taoiseach, the Minister for Finance, Deputy Cowen, the Attorney General, Mr. Brady, and the Tánaiste and Minister for Health and Children, Deputy Harney, has been established to consider the issue of repayment in the light of the judgment.

Hospital Services.

Michael Ring

Question:

156 Mr. Ring asked the Tánaiste and Minister for Health and Children if elective surgery in the orthopaedic unit of Mayo General Hospital has resumed. [8190/05]

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 Mayo General Hospital. Accordingly, my Department has requested the chief officer for the executive's western area to investigate the matter raised and to reply directly to the Deputy.

Nursing Home Costs.

Paul McGrath

Question:

157 Mr. P. McGrath asked the Tánaiste and Minister for Health and Children the average weekly rate of payment by an old age pensioner who was hospitalised in a publicly funded bed in a nursing home for each year from 1970 to date; and the estimated refund to be paid to persons or their estates, based on those figures and the number of publicly funded nursing home beds available. [8234/05]

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

The details of a repayment scheme to address the situation following the Supreme Court decision are being finalised and it is only following this that it will be possible to provide information on the estimated refund to be paid overall. My Department has asked the Health Service Executive to provide information on the average weekly rate of payment by an old age pensioner who was hospitalised in a publicly funded bed in a nursing home for each year from 1970 to date. I will reply to the Deputy on receipt of this report.

Health Services.

Paul McGrath

Question:

158 Mr. P. McGrath asked the Tánaiste and Minister for Health and Children the number of publicly funded nursing home beds for each year from 1970 to date. [8235/05]

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 number of publicly funded nursing home beds. Accordingly, my Department has requested the national director of primary, community and continuing care of the Health Service Executive to investigate the matter raised and to reply direct to the Deputy.

Dinny McGinley

Question:

159 Mr. McGinley asked the Tánaiste and Minister for Health and Children if she is aware that 20 beds in the newly built community nursing unit at Gweedore, County Donegal, remain unoccupied; when it is envisaged that the nursing unit will be fully operational and all beds occupied; and if she will make a statement on the matter. [8237/05]

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 Donegal area. Accordingly, my Department has requested the chief officer for the executive's north-western area to investigate the matter raised and to reply directly to the Deputy.

Departmental Inquiries.

Enda Kenny

Question:

160 Mr. Kenny asked the Tánaiste and Minister for Health and Children the terms upon which a person (details supplied) has been engaged by her Department to chair a non-statutory inquiry, including details of remuneration or fees agreed; and if she will make a statement on the matter. [8238/05]

Enda Kenny

Question:

161 Mr. Kenny asked the Tánaiste and Minister for Health and Children the level of remuneration or fees paid by her Department to a person (details supplied) in respect of her work on the non-statutory inquiry into organ retention; and if she will make a statement on the matter. [8239/05]

Enda Kenny

Question:

162 Mr. Kenny asked the Tánaiste and Minister for Health and Children the nature and substance of any correspondence between the chairperson (details supplied) of the non-statutory inquiry into organ retention and her Department regarding the terms of the chairperson’s engagement or contract, including any requests made for an increase in fees or remuneration; and if she will make a statement on the matter. [8240/05]

Enda Kenny

Question:

163 Mr. Kenny asked the Tánaiste and Minister for Health and Children if there are plans to retain the services of a person (details supplied) after 31 March 2005; if so, the reason therefor; and if she will make a statement on the matter. [8241/05]

Enda Kenny

Question:

164 Mr. Kenny asked the Tánaiste and Minister for Health and Children if her attention has been drawn to the failure of any hospital to provide full co-operation to the Dunne inquiry; the steps she has taken to procure the co-operation of any such hospital; the further steps she proposes to take in this instance; and if she will make a statement on the matter. [8242/05]

Enda Kenny

Question:

165 Mr. Kenny asked the Tánaiste and Minister for Health and Children the cost of the Dunne inquiry; if no figure is available, her estimate of same; and if she will make a statement on the matter. [8243/05]

Enda Kenny

Question:

166 Mr. Kenny asked the Tánaiste and Minister for Health and Children if she has satisfied herself with the progress being made and the pace of work of the Dunne inquiry; and if she will make a statement on the matter. [8244/05]

Enda Kenny

Question:

167 Mr. Kenny asked the Tánaiste and Minister for Health and Children her plans for the establishment of a full statutory inquiry into illegal organ retention by hospitals in the State; and if she will make a statement on the matter. [8245/05]

Enda Kenny

Question:

168 Mr. Kenny asked the Tánaiste and Minister for Health and Children the moneys which have been allocated to hospitals, health boards and all other participants in the Dunne inquiry; and if she will make a statement on the matter. [8246/05]

Enda Kenny

Question:

169 Mr. Kenny asked the Tánaiste and Minister for Health and Children if she is aware that adrenal and pancreatic glands of children were routinely and illegally sold by hospitals in the State to two leading pharmaceutical companies; and if she will make a statement on the matter. [8247/05]

I propose to take Questions Nos. 160 to 169, inclusive, together.

Following a Government decision in April 2000, the post mortem inquiry was established to investigate post mortem practice and procedure in all hospitals in the State since 1970. The terms of reference include the issue of the retention by hospitals of pituitary glands. Neither I nor my Department has been advised that any hospital has failed to co-operate with the inquiry.

The Government decided in September last that the inquiry would cease to exist on 31 March next. I expect to have a report on paediatric hospitals on or before that date. The content of the report will inform decisions on how to proceed beyond that date.

To the end of December 2004, the total cost of the inquiry was approximately €20 million. Total legal and administrative costs were approximately €11 million, of which fees paid to the chairman amounted to €2.29 million. The remainder of the costs include establishment, set-up and office rental costs of €2.29 million, grants to the former Eastern Regional Health Authority of slightly more than €5 million, grants to the Parents for Justice, PFJ, organisation of €977,210 and legal fees to Kelly Noone, solicitors to PFJ, of €800,942.

The terms and conditions of the appointment remuneration of the chairman were subject to the approval of the Minister for Finance. The remuneration approved for the chairman on her appointment to the inquiry in 2000 was a brief fee of £30,000 or €38,092, with a daily rate of £1,500 or €1,905. The chairman requested an increase in her remuneration in 2001 and in 2003, but this was not conceded in either case.

Hospital Waiting Lists.

Paudge Connolly

Question:

170 Mr. Connolly asked the Tánaiste and Minister for Health and Children the waiting times for patients on waiting lists for hip replacements in the Health Service Executive’s north-east region; and if she will make a statement on the matter. [8248/05]

Paudge Connolly

Question:

171 Mr. Connolly asked the Tánaiste and Minister for Health and Children the number of patients on waiting lists for hip replacements in the Health Service Executive’s north-east region; and if she will make a statement on the matter. [8249/05]

Paudge Connolly

Question:

172 Mr. Connolly asked the Tánaiste and Minister for Health and Children the waiting times for patients on waiting lists for ENT services in the Health Service Executive’s north-east region; and if she will make a statement on the matter. [8250/05]

Paudge Connolly

Question:

173 Mr. Connolly asked the Tánaiste and Minister for Health and Children the number of patients on waiting lists for ENT services in the Health Service Executive’s north-east region; and if she will make a statement on the matter. [8251/05]

Paudge Connolly

Question:

178 Mr. Connolly asked the Tánaiste and Minister for Health and Children the number of patients on waiting lists for oncology services in the Health Service Executive’s north-east region; and if she will make a statement on the matter. [8268/05]

Paudge Connolly

Question:

179 Mr. Connolly asked the Tánaiste and Minister for Health and Children the waiting times of patients on waiting lists for oncology services in the Health Service Executive’s north-east region; and if she will make a statement on the matter. [8269/05]

I propose to take Questions Nos. 170 to 173, inclusive, 178 and 179 together.

Responsibility for the collation and publishing of waiting list and waiting time data now rests with the national treatment purchase fund, NTPF. The NTPF, which is now a statutory body, was established as one of the key actions for dealing with public hospital waiting lists arising from the health strategy. My Department has, therefore, asked the chief executive of the NTPF to reply to the Deputy directly with the information requested.

Mental Health Services.

Paudge Connolly

Question:

174 Mr. Connolly asked the Tánaiste and Minister for Health and Children the number of children on waiting lists for psychological services in the Health Service Executive’s north-east region; and if she will make a statement on the matter. [8252/05]

Paudge Connolly

Question:

175 Mr. Connolly asked the Tánaiste and Minister for Health and Children the number of children on waiting lists for psychiatric services in the Health Service Executive’s north-east region; and if she will make a statement on the matter. [8265/05]

Paudge Connolly

Question:

176 Mr. Connolly asked the Tánaiste and Minister for Health and Children the number of adolescents on waiting lists for psychiatric services in the Health Service Executive’s north-east region; and if she will make a statement on the matter. [8266/05]

Paudge Connolly

Question:

177 Mr. Connolly asked the Tánaiste and Minister for Health and Children the number of adolescents on waiting lists for psychological services in the Health Service Executive’s north-east region; and if she will make a statement on the matter. [8267/05]

I propose to take Questions Nos. 174 to 177, inclusive, together.

The information requested by the Deputy is not routinely collected by my Department. The Health Act 2004 provided for the Health Service Executive, which was established on 1 January 2005. Under the Act, the executive has the responsibility to manage and deliver, or arrange to be delivered on its behalf, health and personal social services. This includes responsibility for the provision of mental health services. Accordingly, my Department has requested the chief officer for the Health Service Executive's north-eastern regional area to investigate the matters raised and to reply directly to the Deputy.

Questions Nos. 178 and 179 answered with Question No. 170.

Health Care Training.

John Deasy

Question:

180 Mr. Deasy asked the Tánaiste and Minister for Health and Children the person who provides accreditation to agencies wishing to train health care workers and para-professionals; if her attention has been drawn to agencies operating without this accreditation; the steps she is taking to ensure that controls in this area are put in place; and if she will make a statement on the matter. [8386/05]

John Deasy

Question:

181 Mr. Deasy asked the Tánaiste and Minister for Health and Children the regulatory controls which are in place for training home helps, nursing assistants and axillary nurses; if she has any plans to introduce such controls to ensure quality of care for members of the public. [8387/05]

I propose to take Questions Nos. 180 and 181 together.

The Health Act 2004 provided for the Health Service Executive, which was established on 1 January 2005. Under the Act, the HSE is required, to the extent practicable and necessary to enable it to perform its functions, to facilitate the education and training of its employees and the employees of service providers.

My Department has been advised by the Health Service Executive that the training of nursing assistants and auxiliaries is comprehended by the national training programme for health care assistants. This training is designed to equip these staff with the skills and competencies required to ensure quality of care for members of the public. The training programme is accredited by the Further Education and Training Awards Council. It is understood that all training undertaken, to date, has been sourced from recognised educational providers, primarily the centres for nurse education.

A national process has been commenced by the Health Service Executive to identify, using focus groups, the skills and competencies necessary for the grade of home help. Following the completion of this work, appropriate training and education interventions will be designed and implemented by the HSE. It is envisaged that this training will be subject to similar quality controls as apply to the health care assistant training programme.

The Deputy may be aware that it is the responsibility of each individual employer to ensure that staff are appropriately skilled and competent to carry out effectively and safely the responsibilities of their roles. In this context, it would be expected that training needs identified by the employer are met using recognised educational providers.

Disabled Drivers.

Pat Breen

Question:

182 Mr. P. Breen asked the Minister for Finance the position regarding an appeal for the disabled drivers allowance for a person (details supplied) in County Clare; and if he will make a statement on the matter. [8123/05]

I have no direct responsibility for the day to day operation of the medical board of appeal for the disabled drivers and disabled passengers tax concessions scheme. However, my Department, together with the Department of Health and Children is currently reconstituting the medical board of appeal for the scheme. Progress has been made, and it is expected that the new arrangements will be put in place shortly. I will arrange for the new secretary to the board, when in place, to contact the individual concerned in regard to his appeal.

Question No. 183 withdrawn

Departmental Staff.

Ruairí Quinn

Question:

184 Mr. Quinn asked the Minister for Finance the assignments of responsibility which have been made under section 9 of the Public Service Management Act 1997 for the performance of his functions by officers of his Department, indicating in respect of each function or class of function whether the assignment has been to named officers or to a grade or grades of officer and whether any of the requirements listed in section 9(1)(a) to (f) of the Act have been included in the assignment; if information relating to such assignments of responsibility is published by his Department; if he has satisfied himself with the workings of section 9 within his Department. [8141/05]

There is a framework in place in my Department for the assignment of functions under the Public Service Management Act 1997 covering all individuals by name down to and including the principal officer grade and a number of individuals at assistant principal level. These assignments are updated as appropriate and were last done on 1 September 2004 — a copy of the latter document has been forwarded to the Deputy for his information. To date none of the assignments for this Department, which are made under section 4(1) of the Public Service Management Act 1997, has made specific reference to subsections (a) to (f) of section 9 of the Act.

In addition to assignments of specific areas of work to named individuals, the framework also includes a generic statement of responsibilities for the grades of Secretary General, public service management and development, Second Secretary General, assistant secretary and principal officer. All framework documents to date have been published internally and are available upon request to members of the public.

The assignments included in the framework are supported by a formal management structure and a business planning system. This business planning system is based on the Department's statement of strategy and includes annual business plans for each assistant secretary and director area. These business plans are reviewed by the management advisory committee on a regular basis.

The daily business of the Department is overseen by the management advisory committee, supported by groups it has established at assistant secretary, principal and assistant principal level. Each of these groups has been given responsibility for specific issues as considered appropriate. Finally, the Department has an audit committee with an external chairperson.

I am satisfied with the way the framework of assignments has been operating in my Department.

Ruairí Quinn

Question:

185 Mr. Quinn asked the Minister for Finance the arrangements in place within his Department relating to the delegation by him of his functions under Acts other than the Public Service Management Act 1997, indicating whether such delegations are express or implied, whether they are in general terms or confined to particular functions or the performance of functions in particular classes of cases, whether the delegation is to named officers or to officers of a particular grade or grades and whether the performance of functions of any particular class is reserved to him personally; if information relating to such delegations is published by his Department; if he has satisfied himself with the working of this system of administration in conjunction with the provisions of the Public Service Management Act 1997; and if he will make a statement on the matter. [8156/05]

The principal mechanism for the assignment of functions to civil servants is the Public Service Management Act 1997. There are a number of other legislative provisions which provide that particular matters may be delegated to officials; examples in my own Department include delegation of functions to officers in specified grades under section 4 of the Freedom of Information Acts 1997 to 2003, and, under sections 3 and 13 of the Civil Service Regulation Act 1956, nomination of certain post holders and grades as suspending authorities in cases of grave misconduct. In the normal course of public business, a number of functions are undertaken under implied delegation. Questions arising in relation to matters of implied delegation of functions are in the first instance for interpretation by the Department but ultimately are a matter for legal interpretation by the courts.

I am satisfied with the system of delegation in the Department, which is kept under review.

Ministerial Responsibilities.

Ruairí Quinn

Question:

186 Mr. Quinn asked the Minister for Finance the practice in his Department relating to the identification for legal and administrative purposes of his Department as an entity separate and distinct from his own legal personality as Minister, indicating whether contracts or other legal rights or liabilities are entered into, accepted or enjoyed in the name of his Department rather than in his own name; if so, the nature of those contracts, rights and liabilities. [8171/05]

The Ministers and Secretaries Act 1924 and the Public Service Management Act 1997 set out the legal position of Government Ministers and Departments. Section 3 of the Public Service Management Act 1997 restates the responsibility of Ministers for the performance of functions which are assigned to their Department. Section 2(1) of the Act of 1924 provides that each Minister shall be a corporation sole and shall have perpetual succession and an official seal, and may sue and be sued, and may acquire, hold and dispose of land for the purposes of the functions, powers or duties of the Department of State of which he is head or of any branch thereof. Section 4 of the Public Service Management Act 1997 sets out the responsibility and accountability within Departments and offices.

Contracts and all other legal rights or liabilities are either entered into, accepted or enjoyed in the name of the Minister or on behalf of the Minister.

Tax Collection.

Gay Mitchell

Question:

187 Mr. G. Mitchell asked the Minister for Finance if the Revenue Commissioners will arrange for a refund of DIRT to a person (details supplied) in Dublin 6W for 2002, 2003 and 2004. [8393/05]

I am advised by the Revenue Commissioners that reviews have now been completed for these years and balancing statements and refunds will issue within the next few days. The delay in dealing with the submissions is regretted by the Revenue Commissioners and was due to backlogs of unworked post in the PAYE district concerned which normally occur at this time of year.

Telecommunications Services.

Joe Walsh

Question:

188 Mr. Walsh asked the Minister for Communications, Marine and Natural Resources the number of broadband subscribers per 100 people in Ireland; the corresponding figure for each of the EU countries; and if he will make a statement on the matter. [8095/05]

Joe Walsh

Question:

189 Mr. Walsh asked the Minister for Communications, Marine and Natural Resources the number of households in Ireland that have Internet access per 100; the corresponding figure for each of the EU countries; and if he will make a statement on the matter. [8096/05]

I propose to take Questions Nos. 188 and 189 together.

The total number of broadband subscribers in Ireland now exceeds 130,000. This figure is made up of approximately 114,000 digital subscriber lines, 3,600 leased lines, 6,000 cable, 8,700 fixed wireless and 230 satellite. These and other statistics are on the website www.comreg.ie.

The latest figures shown on the website www.internetworldstats.com show 1.3 million Internet users in Ireland, or 32.8% of the population, an increase of 68% in the years 2000-2005. The penetration figure for the 25 countries of the EU is given as 44.8%.

Joe Walsh

Question:

190 Mr. Walsh asked the Minister for Communications, Marine and Natural Resources the number of telephone exchanges nationwide; the number that have been broadband enabled; and if he will make a statement on the matter. [8097/05]

I understand that Eircom has 1166 telephone exchanges providing 1.6 million working lines. These exchanges vary in size, providing services to between 200 and 20,000 customers. Of the 1.6 million working lines, 1.44 million have access to DSL — broadband — through 233 enabled exchanges, and this will increase to 1.53 million during the next 12 months.

Some 80% of lines connected to broadband enabled exchanges are capable of supplying broadband services to end-users and Eircom has publicly committed to ensuring that this is increased to 90% in the near term.

Departmental Staff.

Ruairí Quinn

Question:

191 Mr. Quinn asked the Minister for Communications, Marine and Natural Resources the assignments of responsibility which have been made under section 9 of the Public Service Management Act 1997 for the performance of his functions by officers of his Department, indicating in respect of each function or class of function whether the assignment has been to named officers or to a grade or grades of officer and whether any of the requirements listed in section 9(1)(a) to (f) of the Act have been included in the assignment; if information relating to such assignments of responsibility is published by his Department; if he has satisfied himself with the workings of section 9 within his Department; and if he will make a statement on the matter. [8142/05]

Assignments of responsibility to individual named officers at assistant secretary and head of function level in my Department were made in accordance with section 4(1)(c), section 4(1)(i) and section 9(1)(a) to (f) of the Public Service Management Act 1997. Information relating to these assignments has not been published. Assignments of responsibility under the Public Services Management Act will shortly be comprehensively updated and re-made to all currently serving officers at assistant secretary and head of function levels.

Ruairí Quinn

Question:

192 Mr. Quinn asked the Minister for Communications, Marine and Natural Resources the arrangements in place within his Department relating to the delegation by him of his functions under Acts other than the Public Service Management Act 1997, indicating whether such delegations are express or implied, whether they are in general terms or confined to particular functions or the performance of functions in particular classes of cases, whether the delegation is to named officers or to officers of a particular grade or grades and whether the performance of functions of any particular class is reserved to him personally; if information relating to such delegations is published by his Department; if he has satisfied himself with the working of this system of administration in conjunction with the provisions of the Public Service Management Act 1997; and if he will make a statement on the matter. [8157/05]

With the exception of the functions of sea fishing vessels, which are statutorily delegated to a senior official of my Department under the Fisheries Acts, no other ministerial functions have been delegated to officers in my Department.

Ministerial Responsibilities.

Ruairí Quinn

Question:

193 Mr. Quinn asked the Minister for Communications, Marine and Natural Resources the practice in his Department relating to the identification for legal and administrative purposes of his Department as an entity separate and distinct from his own legal personality as Minister, indicating whether contracts or other legal rights or liabilities are entered into, accepted or enjoyed in the name of his Department rather than in his own name; if so, the nature of those contracts, rights and liabilities; and if he will make a statement on the matter. [8172/05]

The position in relation to the functions, powers and responsibilities of Government Ministers and Ministers of the State is as set out in the Ministers and Secretaries Acts 1924 to 1995.

The 1924 Act establishes each Minister as a corporation sole with perpetual succession and official seal. He or she may sue and be sued and may acquire, hold and dispose of land for the purposes of the execution of his or her functions, powers or duties. Legal and administrative functions performed by my Department are carried out on my behalf with the exception of duties relating to the registration and licensing of sea fishing boats. Under the Fisheries (Amendment) Act 2003, responsibility for implementation of sea fishing boat licensing policy is devolved to the registrar general of fishing boats, who is a senior official in my Department with statutory responsibility for the registration of fishing vessels.

Otherwise, neither my Department nor I enter into contracts as distinct legal entities, nor does my Department enjoy or accept legal rights or liabilities distinct from those of my office as Minister.

Fishing Industry Development.

Brian O'Shea

Question:

194 Mr. O’Shea asked the Minister for Communications, Marine and Natural Resources the discussions he has had with a person who has offered to fund a commercial salmon drift net licence buy out (details supplied); and if he will make a statement on the matter. [8229/05]

I understand that a meeting took place in February 2003 between my colleague and predecessor as Minister of State, Deputy Browne, and the chairman of the North Atlantic Salmon Fund, NASF. I am advised that this meeting was arranged to discuss the organisation's views about the netting of wild salmon by Irish commercial fishermen. Since becoming Minister of State with responsibility for Marine in 2004, I have not met this person nor have I had any discussions with him in this matter.

I am advised that the Department has exchanged correspondence with the NASF on the management of the Irish wild salmon fishery in recent years. However, I can inform the Deputy that neither the NASF nor any other organisation have made formal offers to the Department to fund the cost of a buy out scheme for drift netting licences.

Natural Gas Grid.

Martin Ferris

Question:

195 Mr. Ferris asked the Minister for Communications, Marine and Natural Resources if he will release the full quantitative risk analysis report submitted to his Department by a company (details supplied) in relation to the proposed Corrib gas project. [8274/05]

My Department is at present considering an application for consent to install the onshore pipeline. Both the quantified risk assessment, QRA, and the Johnston report, to which I have referred previously, will form part of this process. In so far as there may be issues in the QRA that need further clarification, elaboration or even additional material, Mr. Andrew Johnston, assisted by other independent consultants, will be providing the necessary advice to my Department.

On 21 February 2005, Shell reactivated its application for consent to install and commission phase 3: onshore pipeline and umbilical, originally submitted in June 2002. On 24 February 2005, my Department wrote to Shell requesting the clarification and elaboration of certain information and studies provided in the 2002 application.

Officials from my Department met with Shell on Friday 4 March 2005 to discuss these issues further. In the course of this meeting Shell advised that the company had appointed Shell Global Solutions to carry out a peer review on the QRA and any associated reports or studies submitted to the Department by the then operator, Enterprise Energy Ireland Ltd. Shell has agreed to submit these reports to my Department by early April of this year.

It is my intention to appoint a consultant, who is an expert in quantified risk assessment, to review these documents and report to me on all aspects and especially that of public safety. I intend to publish these reports immediately when available. It is my intention to progress consideration of the application for consent to install the upstream pipeline in an open, balanced and informed manner. My decision to publish the full suite of documents mentioned above, prior to my making a decision, will, hopefully, allay local fears in regard to the safety of the pipeline and the process being adopted.

Illegal Immigrants.

Seán Haughey

Question:

196 Mr. Haughey asked the Minister for Foreign Affairs if he will intervene with the US authorities to ensure the release of an Irish illegal immigrant in jail in Boston awaiting deportation (details supplied); if his attention has been drawn to the fact that this person has rheumatoid arthritis and has not been getting their medication; if his attention has further been drawn to the fact that this person's family now fear for their safety in prison; the role played by the Irish Consulate in Boston in this regard; and if he will make a statement on the matter. [8101/05]

I am aware of the case to which the Deputy refers. Since this person's detention, the consulate general in Boston has been actively providing consular assistance. It has been in regular contact with him as well as with family members in Ireland and the US. I understand also that the medication issues were resolved within 24 hours of the consulate's intervention.

The person concerned seems to have remained in the United States without documentation for a number of years, following his original entry on a visa waiver. As a result, he is, I am afraid, subject to automatic deportation from the United States for breach of immigration law. The Deputy can be assured that the Department and the consulate will continue to monitor the case closely. The consulate remains in active, ongoing contact with the immigration authorities to secure the person's return at the earliest opportunity and will ensure that he and his family are kept fully abreast of developments.

Departmental Staff.

Ruairí Quinn

Question:

197 Mr. Quinn asked the Minister for Foreign Affairs the assignments of responsibility which have been made under section 9 of the Public Service Management Act 1997 for the performance of his functions by officers of his Department, indicating in respect of each function or class of function whether the assignment has been to named officers or to a grade or grades of officer and whether any of the requirements listed in section 9(1)(a) to (f) of the Act have been included in the assignment; if information relating to such assignments of responsibility is published by his Department; if he has satisfied himself with the workings of section 9 within his Department; and if he will make a statement on the matter. [8143/05]

Ruairí Quinn

Question:

198 Mr. Quinn asked the Minister for Foreign Affairs the arrangements in place within his Department relating to the delegation by him of his functions under Acts other than the Public Service Management Act 1997, indicating whether such delegations are express or implied, whether they are in general terms or confined to particular functions or the performance of functions in particular classes of cases, whether the delegation is to named officers or to officers of a particular grade or grades and whether the performance of functions of any particular class is reserved to him personally; if information relating to such delegations is published by his Department; if he has satisfied himself with the working of this system of administration in conjunction with the provisions of the Public Service Management Act 1997; and if he will make a statement on the matter. [8158/05]

Ruairí Quinn

Question:

199 Mr. Quinn asked the Minister for Foreign Affairs the practice in his Department relating to the identification for legal and administrative purposes of his Department as an entity separate and distinct from his own legal personality as Minister, indicating whether contracts or other legal rights or liabilities are entered into, accepted or enjoyed in the name of his Department rather than in his own name; if so, the nature of those contracts, rights and liabilities; and if he will make a statement on the matter. [8173/05]

I propose to take Questions Nos. 197 to 199, inclusive, together.

The principal legislative provisions relating to the powers of Ministers and Government Departments are the Ministers and Secretaries Acts 1924-1995 and the Public Service Management Act 1997. Section 2(1) of the Ministers and Secretaries Act, 1924 provides that each Minister as head of a Department of State shall be a corporation sole and shall have perpetual succession, an official seal, may sue and be sued and may acquire, hold and dispose of land for the purposes of the functions, powers or duties of the Department of State of which he or she is head or of any branch thereof. A Department of State has no legal personality separate from that of the Minister of the Government.

A Minister, as a corporation sole, has the capacity to contract and, therefore, all contracts entered into under the ambit of the Department of Foreign Affairs are entered into in the name of the Minister for Foreign Affairs or on behalf of the Minister.

Ministers are responsible for the performance of functions that are assigned to them under the Ministers and Secretaries Acts. Under the Public Services Management Act 1997, Ministers retain responsibility for the performance of functions that are assigned to their Departments under these Acts, in particular for determining the policies to be implemented by the Department and accounting to Dáil Éireann for the administration of the Department. Sections 4 to 6 of the Act devolve authority, responsibility and accountability to Secretaries General for carrying out certain duties and management functions, including preparing an outline of how specific elements of departmental responsibilities are to be assigned so as to ensure that the functions performed on behalf of the Minister are performed by an appropriate officer or an officer of an appropriate grade or rank.

Under the powers vested in Secretaries General under section 4(1), the Secretary General of the Department of Foreign Affairs has assigned responsibilities to individual heads of divisions at headquarters on four occasions — 18 December 1998, 25 May 2000, 20 September 2001 and 1 October 2003 — and on one occasion to individual officers at counsellor and equivalent level, on 15 June 1999. The responsibilities assigned encompassed those listed at sections 9(1)(a) to (f) of the Act.

I am satisfied that the formal assignment of responsibilities under the Act has given individual officers an increased sense of ownership of the work areas they manage and has resulted in an overall improvement in service. Responsibilities will be re-assigned in September next, following the planned rotation of a number of ambassadors and other senior officials in the summer. The new assignments will be based on the contents of the Department's new strategy statement for 2005-2007, which will be approved by me and published in the meantime. While information relating to such formal assignments of responsibilities is not published by the Department, the names of the heads of divisions and their specific responsibilities are published in Department's strategy statements.

Unlike many other Ministers, upon whom extensive powers are conferred by statute, the Minister for Foreign Affairs is primarily responsible for exercising the executive power of the State in external relations as provided for in the Ministers and Secretaries Act 1924. The statutory functions of a Minister may be assigned by the Government at the request of the Minister concerned to a Minister of State under section 2 of the Ministers and Secretaries (Amendment) (No. 2) Act 1977. However, none of my statutory powers have been so assigned.

While the principal mechanism for the assignment of functions to civil servants is the Public Service Management Act 1997, there are also a number of legislative provisions which provide that particular matters may be delegated to officials as prescribed in the relevant legislation. Examples include delegation of functions under section 4 the Freedom of Information Acts 1997 and 2003 and nomination of certain post holders under section 3 of the Civil Service Regulation Act 1956. Generally, however, express delegations of statutory functions do not occur and civil servants exercise these powers in accordance with the general principles of constitutional and administrative law and the provisions of the Public Service Management Act.

Under the Public Service Management Act, each Minister is obliged personally to approve, with or without amendments, statements of strategy prepared and submitted by the Secretary General of his or her Department containing the key objectives of the Department and related outputs and strategies.

Sports Capital Programme.

Billy Timmins

Question:

200 Mr. Timmins asked the Minister for Arts, Sport and Tourism the situation regarding an application for funding for a community hall in Greystones, County Wicklow; and if he will make a statement on the matter. [8120/05]

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

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

Finian McGrath

Question:

201 Mr. F. McGrath asked the Minister for Arts, Sport and Tourism if support will be given to a joint application (details supplied) for funding under the 2005 sports capital programme. [8138/05]

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

Applications for funding under the 2005 programme were invited through advertisements in the press on 5 and 6 December last. The closing date for receipt of applications was 4 February. All applications received before the deadline, including the joint application 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.

Departmental Staff.

Ruairí Quinn

Question:

202 Mr. Quinn asked the Minister for Arts, Sport and Tourism the assignments of responsibility which have been made under section 9 of the Public Service Management Act 1997 for the performance of his functions by officers of his Department, indicating in respect of each function or class of function whether the assignment has been to named officers or to a grade or grades of officer and whether any of the requirements listed in section 9(1)(a) to (f) of the Act have been included in the assignment; if information relating to such assignments of responsibility is published by his Department; if he has satisfied himself with the workings of section 9 within his Department; and if he will make a statement on the matter. [8144/05]

Ruairí Quinn

Question:

203 Mr. Quinn asked the Minister for Arts, Sport and Tourism the arrangements in place within his Department relating to the delegation by him of his functions under Acts other than the Public Service Management Act 1997, indicating whether such delegations are express or implied, whether they are in general terms or confined to particular functions or the performance of functions in particular classes of cases, whether the delegation is to named officers or to officers of a particular grade or grades and whether the performance of functions of any particular class is reserved to him personally; if information relating to such delegations is published by his Department; if he has satisfied himself with the working of this system of administration in conjunction with the provisions of the Public Service Management Act 1997; and if he will make a statement on the matter. [8159/05]

Ruairí Quinn

Question:

204 Mr. Quinn asked the Minister for Arts, Sport and Tourism the practice in his Department relating to the identification for legal and administrative purposes of his Department as an entity separate and distinct from his own legal personality as Minister, indicating whether contracts or other legal rights or liabilities are entered into, accepted or enjoyed in the name of his Department rather than in his own name; if so, the nature of those contracts, rights and liabilities; and if he will make a statement on the matter. [8174/05]

I propose to take Questions Nos. 202 to 204, inclusive, together.

The principal mechanism for the assignment of functions to civil servants is the Public Service Management Act 1997. Assignments of responsibility have been made by the Secretary General in my Department under section 9 of the Public Service Management Act 1997. The assignments, which were updated most recently in 2004, have been to the three named assistant secretaries and the nine named principal officers in the Department. Other than section 9(1)(f), relating to appointments, performance and discipline matters, which is dependent on separate legislation not yet enacted, the various issues dealt with in section 9(1)(a) to (e) of the Public Service Management Act 1997 are, as appropriate to the respective functions of assistant secretaries and principal officers, included in the assignments. The assignments are not published.

In accordance with section 4 of the Freedom of Information Acts 1997 and 2003, I have delegated all functions, other than the function of internal review, to the grade of assistant principal and upwards and I have delegated all functions, including internal review, to principal officers and upwards in my Department. Notice of the most recent FOI delegation order, which I made in July 2002, was published in Iris Oifigiúil.

Under sections 3 and 13 of the Civil Service Regulation Act 1956, certain post holders and grades are nominated as suspending authorities in cases of grave misconduct. In the normal course of public business, a number of functions are undertaken under implied delegation. Questions arising in relation to matters of implied delegation of functions are in the first instance for interpretation by the Department, but ultimately are a matter for legal interpretation by the courts. I am satisfied with the system of delegation in the Department, which is kept under review.

The Ministers and Secretaries Act 1924 and the Public Service Management Act 1997 set out the legal position of Ministers and Departments. Section 3 of the Public Service Management Act 1997 restates the responsibility of Ministers for the performance of functions which are assigned to their Department. Section 2(1) of the Act of 1924 provides that each Minister shall be a corporation sole and shall have perpetual succession and an official seal, and may sue and be sued, and may acquire, hold and dispose of land for the purposes of the functions, powers or duties of the Department of State of which he is head or of any branch thereof. Section 4 of the Public Service Management Act 1997 sets out the responsibility and accountability within Departments and offices. Contracts and all other legal rights or liabilities are, either entered into, accepted or enjoyed in the name of the Minister or on behalf of the Minister.

Sports Capital Programme.

Willie Penrose

Question:

205 Mr. Penrose asked the Minister for Arts, Sport and Tourism if he will confirm having received an application for grant assistance from a person (details supplied) in County Longford; if he will take steps to ensure same is considered; and if he will make a statement on the matter. [8187/05]

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 6 and 7 December last. The closing date for receipt of applications was 4 February 2005. All applications received before that deadline, 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.

Job Creation.

Billy Timmins

Question:

206 Mr. Timmins asked the Minister for Enterprise, Trade and Employment if he has had discussions with the job creating agencies, with a view to creating new jobs in Wicklow town; and if he will make a statement on the matter. [8116/05]

Support for job creation and investment in individual counties is a day-to-day operational matter for the development agencies as part of their responsibility under the Industrial Development Acts. Enterprise Ireland is the agency with responsibility for the development of indigenous industries. The county enterprise boards, CEB, have primary responsibility for the promotion of indigenous industry in the micro-enterprise sector and IDA Ireland has responsibility for the location for foreign direct investment in Ireland. While I may give general policy directives to the agencies I am precluded under the Acts from giving directives regarding individual undertakings or from giving preference to one area over others.

I have made inquiries from the agencies and I am informed that in terms of job creation, Enterprise Ireland activity is focused on the creation of new jobs through supporting entrepreneurs setting up new high potential start-up companies, the retention and creation of new jobs in existing companies and in enhancing the innovation capability of Ireland at a national and regional level through support of research in companies and third level institutions. Over the past three years, Enterprise Ireland approved funding of some €1.7 million to client companies in Wicklow town and its environs, in which over 500 people are employed. These companies are committed to increasing their sales, exports and employment and Enterprise Ireland's investment was in areas such as research and development, capability building and process development.

Wicklow County Enterprise Board was established in October 1993 to provide a source of support in the Wicklow area for small businesses with ten employees or fewer. The board's function is to develop indigenous enterprise potential and to stimulate economic activity throughout the county. The CEB can support individuals, firms and community groups, provided that the proposed projects have the capacity to achieve commercial viability. During 2004, Wicklow CEB approved a total of €189,316 to 21 projects and paid out over €500,000 in capital assistance throughout the region. In 2005, Wicklow CEB will continue to be actively involved in the economic and social development of Wicklow town and the broader region and will continue to be proactive in ensuring that available funds are targeted to maximise entrepreneurial development throughout the locality.

As regards foreign direct investment, the pace of technological change throughout the world is unprecedented and accelerating, while new global business models are transforming the structures of companies in many sectors. This transformation is leading to new patterns of international investment with companies locating activities where it makes best business sense. This new order is creating new demands for high levels of knowledge and skills. The countries that are benefiting most are those that can deliver the sufficiently skilled labour force and have the capacity to embrace change, retain flexibility and promote knowledge-intensive economic activity. In delivering on the strategy of achieving a balanced spread of development across the country, IDA Ireland works closely with other organisations to create attractive and competitive locational solutions in all regions in Ireland for foreign owned business.

I am confident that the strategies and policies being pursued by the development agencies, together with the ongoing commitment of Government to regional development will bear fruit in terms of additional sustainable investment and jobs for Wicklow town and surrounding areas.

Departmental Staff.

Ruairí Quinn

Question:

207 Mr. Quinn asked the Minister for Enterprise, Trade and Employment the assignments of responsibility which have been made under section 9 of the Public Service Management Act 1997 for the performance of his functions by officers of his Department, indicating in respect of each function or class of function whether the assignment has been to named officers or to a grade or grades of officer and whether any of the requirements listed in section 9(1)(a) to (f) of the Act have been included in the assignment; if information relating to such assignments of responsibility is published by his Department; if he has satisfied himself with the workings of section 9 within his Department; and if he will make a statement on the matter. [8145/05]

Ruairí Quinn

Question:

208 Mr. Quinn asked the Minister for Enterprise, Trade and Employment the arrangements in place within his Department relating to the delegation by him of his functions under Acts other than the Public Service Management Act 1997, indicating whether such delegations are express or implied, whether they are in general terms or confined to particular functions or the performance of functions in particular classes of cases, whether the delegation is to named officers or to officers of a particular grade or grades and whether the performance of functions of any particular class is reserved to him personally; if information relating to such delegations is published by his Department; if he has satisfied himself with the working of this system of administration in conjunction with the provisions of the Public Service Management Act 1997; and if he will make a statement on the matter. [8160/05]

I propose to take Questions Nos. 207 and 208 together.

Each year, under section 4(1) of the Public Service Management Act 1997, all seven assistant secretaries in my Department are assigned by name, authority and responsibility from the Secretary General for matters within the remit of their respective divisions, including the following requirements listed in section 9 of the Act: provision of policy advice in relation to the subject matter of the assignment and other related matters; achievement of the outputs associated with the area of assignment as specified in the Department's strategy statement and in the business plans or as directed by the Secretary General; responsibility for the delivery of quality services in the area of the assignment; ensuring that the expenditure made in respect of the area of the assignment accords with the purpose for which the expenditure was chargeable to the appropriation account of the Department and that value for money is obtained; in particular, ensuring that effective systems of financial control are in place, that procedures are adequately documented, and that staff implement appropriate financial and risk management procedures; and responsibility for the management, including discipline, performance and development of staff in the area of assignment.

Further assignments for specific responsibilities are then made to the level of the principal or assistant principal, as fits the circumstances. My Department does not publish these assignments but details can be furnished to any interested parties. I am satisfied with the workings of section 9 of the Public Service Management Act in my Department.

In addition to formal delegations of functions under the Public Service Management Act 1997, a number of other delegations of functions are in place in my Department. Section 4 of the Freedom of Information Act 1997, as amended, provides for the delegation of certain functions under that Act: in effect the functions of primary decision maker and internal review decision maker. This is an express delegation, it applies in all cases where freedom of information decisions or internal reviews are required in the Department, and is made to particular grades of officer.

The Act does not permit the delegation of functions provided for under sections 4 and 25, so these functions are reserved for the Minister. As required under the Act at that time, notice of this delegation was published in Iris Oifigiúil on Friday 1 May 1998, although such publication is no longer required under the amended Act. A review by the Information Commissioner of the operation of the Freedom of Information Act published in June 2004 concluded, inter alia, that public bodies appear to operate the Act in a fair and balanced manner, and I am satisfied that this particular delegation is appropriate and works well. Enterprise area certificates are issued under section 343 of the Taxes Consolidation Act 1997 by the Minister for Enterprise, Trade and Employment. This function is delegated to certain officers at assistant secretary level, as appropriate.

Under section 16 of the National Standards Authority of Ireland Act 1996, I have authorised two named officers at assistant secretary and principal officer grades to authenticate instruments — Irish Standards. Under sections 2(1) of the Ministers and Secretaries (Amendment) (No.2) Act 1977, I requested that the Government delegate certain powers and duties to the Ministers of State at this Department. In December 2004, two Orders, SI Nos. 808 and 809 of 2004, were signed which delegated a number of my ministerial functions to the Ministers of State. Deputy Tony Killeen was delegated a number of functions relating to labour affairs and Deputy Michael Ahern was delegated functions of trade and commerce. The orders included a schedule of primary and secondary legislation containing ministerial powers, which were delegated to each Minister of State.

Section 15(1) of the Ministers and Secretaries Act 1924 provides that the seal of the Minister shall be authenticated by the signature of the Minister or some person authorised by that Minister to act in that behalf. I have authorised named officers of the Department to authenticate by their signature the official seal of the Minister under section 15(1). This list is currently being updated to take account of staff changes.

In addition, under section 15(4) of the Ministers and Secretaries Act 1924, I have authorised named officers of the Department to sign, as may be required from time to time, regulations or other instruments issued at my direction or on my behalf. This covers instances when the seal is not expressly necessary for validity of an order or other instrument. The order or other instrument shall be sufficiently authenticated by my signature or by that of the Secretary General or other officer of the Department duly authorised by me. This authorisation is currently being updated to take into account of staff changes.

I have nominated named officers as suspending authorities in relation to all established and unestablished civil servants serving within the Department under section 3 of the Civil Service Regulation Act 1956. Following discussions with senior officials in my Department, I have satisfied myself that all of the above delegations of ministerial functions are working well. Where not expressly published by way of statutory instrument or regulation, information relating to the above assignments is available to any interested party on request.

Ministerial Responsibilities.

Ruairí Quinn

Question:

209 Mr. Quinn asked the Minister for Enterprise, Trade and Employment the practice in his Department relating to the identification for legal and administrative purposes of his Department as an entity separate and distinct from his own legal personality as Minister, indicating whether contracts or other legal rights or liabilities are entered into, accepted or enjoyed in the name of his Department rather than in his own name; if so, the nature of those contracts, rights and liabilities; and if he will make a statement on the matter. [8175/05]

The Ministers and Secretaries Act 1924 and the Public Service Management Act 1997 set out the legal position of Government Ministers and Departments. Section 3 of the Public Service Management Act 1997 restates the responsibility of Ministers for the performance of functions which are assigned to their Department. Section 2(1) of the Act of 1924 provides that each Minister shall be a corporation sole and shall have perpetual succession and an official seal, and may sue and be sued, and may acquire, hold and dispose of land for the purposes of the functions, powers or duties of the Department of which he is head or of any branch thereof. Section 4 of the Public Service Management Act 1997 sets out the responsibility and accountability within Departments and offices.

Contracts and all other legal rights or liabilities are either entered into, accepted or enjoyed in the name of the Minister or on behalf of the Minister.

FÁS Training Programmes.

Arthur Morgan

Question:

210 Mr. Morgan asked the Minister for Enterprise, Trade and Employment if he will consider the construction of a new FÁS office in Ashbourne to cater for the increased demand in south and east Meath for the services of FÁS and in particular in recognition of the rapidly increasing population of this area. [8189/05]

Given the changing demography in the south Meath area, FÁS established a twice monthly clinic in the health centre in Ashbourne approximately six years ago. An employment services officer is available to meet clients and to provide access to the full range of FÁS services at this clinic. Experience to date is that the numbers availing of this facility in Ashbourne are low. However, FÁS will keep the matter under review and, if necessary, increase its presence in the Ashbourne area should the need arise. Delivery of services by FÁS to meet local demand is in the first instance a matter for FÁS.

Health and Safety Regulations.

Pat Breen

Question:

211 Mr. P. Breen asked the Minister for Enterprise, Trade and Employment his views on whether the designation of safety zones by the Health and Safety Authority under the terms of the Seveso directive implicitly imposes a restriction on the property rights of numerous indigenous landowners and that such restriction amounts to the taking of an easement by the State over such lands together with the associated transfer of such property rights to private corporations; his further views on whether such blatant capture of property rights from numerous landowners throughout the State for the direct benefit of these large corporations is contrary to the property provisions both of the Constitution and of the European Convention of Human Rights; and if he will make a statement on the matter. [8257/05]

Council Directive 96/82/EC, the Seveso directive, which is transposed into Irish law through the European Communities (Control of Major Accident Hazards Involving Dangerous Substances) Regulations 2000, SI 476 of 2000, requires, under article 12, that the objectives of preventing major accidents and limiting the consequences of such accidents are taken into account by the member states in their land use policies and or other relevant policies. It requires in the interests of safety that these policies must take account of the need, in the long term, to maintain appropriate distances between establishments covered by the directive and residential areas, areas of public use and areas of particular natural sensitivity or interest.

The directive further requires that the procedures set up to implement these policies must be designed to ensure that technical advice on the risks arising from the establishment is available, either on a case by case or on a generic basis, when decisions are taken. Regulation 29 of the European Communities (Control of Major Accident Hazards Involving Dangerous Substances) Regulations 2000 covers the provision of such technical advice to planning authorities by the Health and Safety Authority.

The planning authorities are the major decision makers in relation to plants which fall under the terms of the regulations. The planning authorities consult the Health and Safety Authority which gives technical advice on land use policy. Circumstances may arise from time to time in which the implications of policy can, in the interests of health and safety, impose restrictions on usage of property. However, these restrictions are not unilateral. All plants affected by the directive are subject to the planning process which in itself has an appeals process built in and is transparent. Likewise, property owners whose land use may be restricted or otherwise affected by a proposed plant are entitled to avail of the planning and appeal process.

Pat Breen

Question:

212 Mr. P. Breen asked the Minister for Enterprise, Trade and Employment, further to Parliamentary Question No. 304 of 15 February 2005, the reason appropriate risk assessment details are not furnished to affected landowners by employers engaged in activities coming within the ambit of the Seveso directive; and if he will make a statement on the matter. [8258/05]

The European Communities (Control of Major Accident Hazards Involving Dangerous Substances) Regulations 2000, which transpose Council Directive 96/82/EC, the Seveso directive, into Irish law require that upper tier establishments covered by the regulations produce a safety report. The safety report is required to be made available to any member of the public who requests it under Regulation 19(1)(b). Risk assessments carried out by lower tier establishments are not required, under the regulations, to be made available to the public. They are available to the authority’s inspectors as part of their inspection activities.

The difference between upper and lower tier establishments, in terms of Directive 96/82/EC, is based on the levels of dangerous substances held at that establishment. The relevant quantities of dangerous substances, which determine an establishment to be upper — the most hazardous — or lower tier, are listed in annex 1 to Council Directive 96/82/EC.

Departmental Staff.

Ruairí Quinn

Question:

213 Mr. Quinn asked the Minister for Social and Family Affairs the assignments of responsibility which have been made under section 9 of the Public Service Management Act 1997 for the performance of his functions by officers of his Department, indicating in respect of each function or class of function whether the assignment has been to named officers or to a grade or grades of officer and whether any of the requirements listed in section 9(1)(a) to (f) of the Act have been included in the assignment; if information relating to such assignments of responsibility is published by his Department; if he has satisfied himself with the workings of section 9 within his Department; and if he will make a statement on the matter. [8146/05]

Ruairí Quinn

Question:

214 Mr. Quinn asked the Minister for Social and Family Affairs the arrangements in place within his Department relating to the delegation by him of his functions under Acts other than the Public Service Management Act 1997, indicating whether such delegations are express or implied, whether they are in general terms or confined to particular functions or the performance of functions in particular classes of cases, whether the delegation is to named officers or to officers of a particular grade or grades and whether the performance of functions of any particular class is reserved to him personally; if information relating to such delegations is published by his Department; if he has satisfied himself with the working of this system of administration in conjunction with the provisions of the Public Service Management Act 1997; and if he will make a statement on the matter. [8161/05]

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

The objective of the assignment of responsibility under sections 4 and 9 of the Public Service Management Act 1997 is to ensure that functions performed on behalf of a Minister and the Government are performed by an appropriate officer or an officer of appropriate grade or rank. The process has been operating in a satisfactory manner in my Department.

This process was recently reviewed in my Department in order to take account of various developments in the public service modernisation programme and to continue to reflect the requirements of section 9(1) of the Act. A revised outline of the assignment of responsibility and accountability within my Department was prepared in accordance with section 4(1)(c) of the Act. On foot of this, revised letters of assignment were issued to officers at principal officer grade and above in the Department. The details of these assignments are available on request from my Department.

The Public Service Management Act 1997 established a framework within which, subject to the Civil Service Regulation Act 1956, managerial responsibility, including powers of dismissal, for staff below the level of principal officer would be given to Secretaries General. The 1997 Act also envisaged, in section 9(1)(f), that Secretaries General could delegate most personnel functions, other than dismissal, to other civil servants. However, the practical implementation of these powers and functions is constrained by the Civil Service Regulation Act 1956, which reserves most disciplinary functions to Ministers as the “appropriate authority” for these matters. Under the 1956 Act, the authority to suspend a civil servant has, in practice, been delegated to certain officials of the Department.

The Civil Service Regulation (Amendment) Bill 2004, which is currently on Committee Stage in the Dáil will, inter alia, make Secretaries General the “appropriate authority” for civil servants below the rank of principal officer and they will then be responsible for managing all matters relating to performance, discipline and possible dismissal of those civil servants. The Minister in charge of the Department will continue to be the “appropriate authority” for civil servants at or above principal level.

Under the Social Welfare Acts I have authorised certain officials of the Department to appoint social welfare inspectors for specified purposes and to institute proceedings for an offence under the Acts. Decisions concerning entitlement to statutory schemes and insurability of employment are, under the Social Welfare Acts, made by deciding officers in the first instance and may be appealed to the chief appeals officer and decided by him or her or an appeals officer. These named officers are statutorily appointed by me in accordance with legislation and are completely independent in the exercise and discharge of their functions, which are specified in the Social Welfare Acts and regulations. The authority to make regulations is reserved to me.

There are a limited number of schemes administered by the Department which are not statutory schemes. Entitlement to these schemes is determined by officers of the Department in accordance with detailed conditions agreed, as appropriate by the Department of Finance. A person who is dissatisfied with a decision concerning his or her entitlement under these schemes has the right to seek a review by a higher officer. Decisions on matters such as the award of credits, recovery of overpayments and the furnishing of information in relation to claims are also made not by statutorily appointed officers but by officers of my Department in accordance with detailed published guidelines which are available on my Department's website. None of these decisions is reserved to me personally.

Five statutory bodies operate under the aegis of the Department, the Pensions Board, the Combat Poverty Agency, Comhairle, the Family Support Agency and the Social Welfare Tribunal. In addition, the pensions ombudsman comes under the remit of my Department. The authority to make appointments to State boards under the legislation governing these agencies is also reserved to me.

I am satisfied as to the operation of the processes as set out above. The details of the delegations referred to are available on request from my Department.

Ministerial Responsibilities.

Ruairí Quinn

Question:

215 Mr. Quinn asked the Minister for Social and Family Affairs the practice in his Department relating to the identification for legal and administrative purposes of his Department as an entity separate and distinct from his own legal personality as Minister, indicating whether contracts or other legal rights or liabilities are entered into, accepted or enjoyed in the name of his Department rather than in his own name; if so, the nature of those contracts, rights and liabilities; and if he will make a statement on the matter. [8176/05]

My Department and my legal personality as Minister are indivisible in so far as entering into contracts or other legal arrangements arises. My Department does not enjoy or accept legal rights, liabilities or entitlements distinct from those of my office as Minister.

Social Welfare Appeals.

Michael Ring

Question:

216 Mr. Ring asked the Minister for Social and Family Affairs if an appeal for the carer’s allowance for a person (details supplied) in County Mayo will be opened. [8262/05]

Having reviewed the medical evidence in this case, an increase in her carer's allowance has been awarded. A personal rate of €230.40 per week will apply with effect from 20 January 2005. This represents the maximum personal rate payable to a person providing full-time care and attention to two persons. She has been notified of this decision and her revised payment will be lodged to her nominated bank account in week ending Friday, 18 March 2005. Arrears of allowance due will issue to her thereafter.

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

Driving Tests.

Róisín Shortall

Question:

217 Ms Shortall asked the Minister for Transport the number of current provisional driving licences; and if he will provide a breakdown of these into the various categories of licence. [8126/05]

The Department of the Environment, Heritage and Local Government, who hold and administer the national driver file, has advised me that the number of provisional licence holders was 380,347 as at 31 December 2004. That Department has also provided a breakdown of this figure into the various categories as in the table.

Analysis of Provisional Licence — Numbers broken down by Category and Provisional Licence No.

Provisional Licence No.

Licence Category

1st

2nd

3rd

4th

5th and more

Total

A

59,703

14,336

1,588

527

178

76,332

A1

56,976

22,152

2,709

856

190

82,883

B

152,404

90,155

41,056

30,520

16,441

330,576

C

6,238

1,714

221

57

17

8,247

C1

3,474

748

67

19

3

4,311

D

1,795

655

59

19

2

2,530

D1

1,453

505

43

12

2

2,015

EB

1,200

314

34

7

0

1,555

EC

2,091

454

47

12

2

2,606

EC1

1,041

122

12

0

0

1,175

ED

29

10

1

0

0

40

ED1

43

6

0

0

0

49

M

80,498

13,237

312

5

1

94,053

W

72,560

21,852

5,027

2,567

868

102,874

Total

439,505

166,260

51,176

34,601

17,704

709,246

The figures represent counts of provisional licence categories and not provisional licences, namely, number of licensed drivers holding provisional licences. Totals by category do not equal the total number of licences, because a provisional licence may have more than one category and each category can be of a different classification, namely, first, second, third and so forth. For example, a driver has a provisional licence with two categories, A and B. Category A is a first provisional and B is a second; this constitutes one provisional licence, but two provisional categories.

Also, where categories on a multi-category licence all have the same provisional count, each category is counted separately, for example, a current provisional licence with four first provisional categories A, B, M, W will be counted four times. The figures in the table will include this licence four times, one first A, one first B, one first M and one first W. For category B, a car without a trailer, there are 152,404 licences with first provisionals, 90,155 with second provisionals, 41,056 with third provisionals and so forth. Some of these licences may also contain other categories, for example, category M, moped, category W, work vehicle-tractor and so forth, which are counted separately.

The total number of current provisional licences on 31 December 2004 is 380,347.

Departmental Staff.

Ruairí Quinn

Question:

218 Mr. Quinn asked the Minister for Transport the assignments of responsibility which have been made under section 9 of the Public Service Management Act 1997 for the performance of his functions by officers of his Department, indicating in respect of each function or class of function whether the assignment has been to named officers or to a grade or grades of officer and whether any of the requirements listed in section 9 (1) (a) to (f) of the Act have been included in the assignment; if information relating to such assignments of responsibility is published by his Department; if he has satisfied himself with the workings of section 9 within his Department; and if he will make a statement on the matter. [8147/05]

Assignments have been made by the Secretary General of my Department under section 4(1)(i) of the Public Services Management Act 1997. These include officers at assistant secretary and principal officer or equivalent grades and some specific offices such as the personnel officer, and so forth. The assignments have been made on a named basis to each of the officers concerned and make specific reference to the requirements listed in section 9 of the Act. In the case of principal officers the individuals role profile is an integral part of the assignment. The assignments have not yet been published.

I am satisfied that the assignment of functions as provided for under sections 4 and 9 of the Act is operating effectively in my Department.

Ruairí Quinn

Question:

219 Mr. Quinn asked the Minister for Transport the arrangements in place within his Department relating to the delegation by him of his functions under Acts other than the Public Service Management Act 1997, indicating whether such delegations are express or implied, whether they are in general terms or confined to particular functions or the performance of functions in particular classes of cases, whether the delegation is to named officers or to officers of a particular grade or grades and whether the performance of functions of any particular class is reserved to him personally; if information relating to such delegations is published by his Department; if he has satisfied himself with the working of this system of administration in conjunction with the provisions of the Public Service Management Act 1997; and if he will make a statement on the matter. [8162/05]

The principal mechanism for the assignment of functions to civil servants is the Public Service Management Act 1997, and the relevant sections are 4, 9 and 12. There are a number of legislative provisions which provide that particular matters may be delegated to officials as prescribed in the relevant legislation; examples include delegation of functions under section 4 the Freedom of Information Acts 1997 to 2003 and nomination of certain post holders under section 3 of the Civil Service Regulation Act 1956. Implied delegation of functions is a matter of legal interpretation by the courts.

Separately, functions have been assigned to the Minister of State under the transport delegation of functions orders as provided under section 2(1) of the Ministers and Secretaries (Amendment) (No.2) Act 1977 (No. 28 of 1977)

Ministerial Responsibilities.

Ruairí Quinn

Question:

220 Mr. Quinn asked the Minister for Transport the practice in his Department relating to the identification for legal and administrative purposes of his Department as an entity separate and distinct from his own legal personality as Minister, indicating whether contracts or other legal rights or liabilities are entered into, accepted or enjoyed in the name of his Department rather than in his own name; if so, the nature of those contracts, rights and liabilities; and if he will make a statement on the matter. [8177/05]

The Minister as a corporation sole is a legal entity, separate from his own personnel capacity as a person. The department has no legal personality of its own. My Department does not enjoy nor does it accept legal rights or liabilities distinct from those of my office as Minister.

State Airports.

Pat Breen

Question:

221 Mr. P. Breen asked the Minister for Transport if the red zones relating to Dublin Airport and contained in the Fingal County Development Plan 1999 are two dimensional ground zones or three dimensional surfaces in the sky; if the latter, will he outline the slope of each such approach surface; and if he will make a statement on the matter. [8253/05]

I refer the Deputy to a reply to Questions Nos. 340 to 345, inclusive, answered on 18 November 2003 which includes information relating to the approach surfaces of the runways at Dublin Airport.

As I have mentioned in previous replies to the House on 1 July 2003, the present red zones at Dublin Airport were formally established in 1968. I understand that the red zones at Cork and Shannon were drawn up around the same time. The then Department of Transport and Power was originally responsible for proposing the establishment of the zones, which were approved and incorporated in the local authorities' development plans, and development within those red zones is controlled by the local authorities through the Planning Acts.

I should at this point describe for the Deputy precisely what the red zones are, and how they differ from public safety zones and protected areas. International civil aviation operates under the 1944 Chicago Convention, which is administered by the International Civil Aviation Organisation, CAO. Annex 14 of the convention, which prescribes standards for aerodromes, recommends that certain pathways through the air on approaches to runways should be clear of obstacles at certain heights, depending on how far away they are from the runway. These are known as "obstacle clearance surfaces", and are imaginary slopes in the air extending away from the ends of runways. They were designed for the protection of aircraft taking off and landing, as an aid to safe navigation. If those slopes in the air are, on a map, projected onto the ground, they form a trapezoid shape, with the narrow base at the end of the runway.

Those shapes have been coloured red on maps for ease of identification, and have therefore been known as red zones. The present dimensions of the red zones were established in 1968, and were notified to the local authorities on whose land the State airports are situated. While the width of the red zones was the same as the projection onto the ground of the obstacle limitation surfaces, the length of the red zones was delineated by the officials of the then Department of Transport and Power at specific distances from the runway, which varied by runway orientation, by airport, and by projected air traffic density.

In delineating the length of the red zones in particular, the then Department was seeking to assist the local authorities to have regard to the dimension of public safety in the vicinity of the airports, namely, the safety of people on the ground, living or working underneath an approaching or departing aircraft. In Ireland, as elsewhere, these zones have been used as a basis for restricting development to limit the numbers of people on the ground who may be killed or injured by a crashing aircraft.

Public safety zones are different, in that they are zones that are specifically designed with a view to protecting the public on the ground, and they have a substantially different size and shape from "red zones. Public safety is not covered by an ICAO standard. The Department of Transport, in conjunction with the Department of the Environment, Heritage and Local Government, commissioned consultants to make recommendations for such public safety zones in the vicinity of Cork, Dublin and Shannon Airports. The recommendations of the consultants, ERM, specifically deal with the risk to people on the ground, and make use of the latest techniques in risk assessment. That study is now complete, and was formally presented to myself and the Minister for Environment, Heritage and Local Government on 30 September 2003. In preparing their report, the consultants engaged in a comprehensive public consultation, including holding public meetings in Cork, Dublin and Shannon during the summer.

The intention now is that the Department for the Environment, Heritage and Local Government will issue planning guidelines based on the public safety zones identified in the consultants' report to the local authorities to assist them in their consideration of the public safety aspects of planning applications in the vicinity of airports.

I should, of course, also point out that the obstacle clearance surfaces are not affected by the report by ERM. Those surfaces will continue to be a matter for the IAA, who will be responsible solely for advising the planning authorities in relation to the aviation operational safety implications associated with particular proposals or planning applications. In future it will be a matter for the IAA to modify, if it sees fit and acting on ICAO advice, the geometry or dimensions of the obstacle clearance surfaces themselves.

Regarding protected areas, section 14 of the Air Navigation and Transport Act 1950 empowers the Minister to make an order to declare that a particular piece of land in the vicinity of an aerodrome was to be a protected area, if the unrestricted use of that land would interfere with the navigation of aircraft.

Of the three terms, red zone, public safety zone and protected area, only the red zones are three-dimensional surfaces in the sky, in so far as they are used to protect the safe navigation of aircraft. In so far as the red zones, as projected onto maps, have been used in the past for public safety purposes, they are two-dimensional surfaces on the ground. Both public safety zones and protected areas are two dimensional surfaces on the ground.

I am advised by the IAA, that the slope of the first section of the approach surface, which forms part of the obstacle limitation surfaces, as defined in chapter 4 of annex 14 to the Chicago Convention, for runway 10-28 at Dublin Airport is 2%. The maximum height of an object beneath the approach surface, to avoid infringing the surface, is a function of the threshold elevation and the ground elevation of the site. Without knowing the ground elevation at a particular position, it is not possible to determine the maximum permissible height of a construction. I am advised by the IAA that the respective sizes of the first section of the obstacle surface on the approach to the runways at Dublin Airport, with particular reference to inner and outer widths, slope, divergence and length, are as follows:

Runway 10-28 and 16-34 at Dublin Airport.

Approach surface inner width

= 300m

Approach surface outer width

= not specified

Approach surface slope for first 3000m

= 2%

Approach surface slope for next 3600m

= 2.5%

Approach surface divergence

= 15%

Approach surface total length

= 15000m

Runway 11-29 at Dublin Airport, assuming a Code 3 non-instrument runway.

Approach surface inner width

= 150m

Approach surface outer width

= not specified

Approach surface slope for first 3000m

= 3.33%

Approach surface divergence

= 10%

Approach surface total length

= 3000m

In relation to each of the 11 locations at Dublin Airport where buildings lie within the red safety areas, as I indicated in answer to a parliamentary question on 4 July 2001, Aer Rianta or the Fingal planning authority will be in a position to provide the Deputy with any information he may require in relation to this.

Pat Breen

Question:

222 Mr. P. Breen asked the Minister for Transport, further to Question No. 351 of 15 February 2005, the details of the extensions to runways 06-24 and 13-31 inclusive of proposed lengths and confirmation regarding the end of each runway to which such extensions were proposed; if the said scheme also outlined appropriate restrictions on runways 05-23 and 18-36; and if he will make a statement on the matter. [8254/05]

I understand that the scheme referred to by the Deputy which was prepared in the late 1960s, envisaged restrictions relating to runways 05/23 and 18/36 for the purposes of air safety. The further details requested by the Deputy are now the responsibility of the Dublin Airport Authority, formerly Aer Rianta.

Pat Breen

Question:

223 Mr. P. Breen asked the Minister for Transport, further to Question No. 352 of 15 February 2005, the level of maximum movements used by ERM to determine the various public safety zones outlined in the said draft report in respect of each end of runways 10-28, 16-34 and 11-29; and if he will make a statement on the matter. [8255/05]

Pat Breen

Question:

224 Mr. P. Breen asked the Minister for Transport, further to Question No. 353 of 15 February 2005, the level of maximum movements used by ERM to determine the various public safety zones outlined in the said draft report in respect of each end of runways 17/35 and 07/25 at Cork Airport as well as each end of runways 06/24 and 13/31 at Shannon Airport; and if he will make a statement on the matter. [8256/05]

I propose to take Questions Nos. 223 and 224 together.

Following consideration by the Government, the final public safety zones report is now available on my Department's website. All of the details used in calculating the sizes of the zones are included in the report. I am arranging to have a copy of the report placed in the Oireachtas Library.

Glór na nGael.

John Cregan

Question:

225 D’fhiafraigh Mr. Cregan den Aire Gnóthaí Pobail, Tuaithe agus Gaeltachta an féidir leis a dheimhniú go mbeidh an córas timireachta céanna i bhfeidhm nuair a bheidh an t-athscrúdú maidir le Glór na nGael críochnaithe. [8093/05]

Is é Foras na Gaeilge atá ag cur maoiniú ar fáil do Glór na nGael Teoranta agus tuigfidh an Teachta, ar ndóigh, gur cheist don bhforas féin cinntí a dhéanamh maidir le soláthar deontas agus nithe gaolmhara eile, i gcomhréir leis an réimse reachtúil ina bhfeidhmíonn sé agus na pleananna oibre agus corparáide atá aige.

Tuigtear ó Fhoras na Gaeilge go bhfuil struchtúr nua foirne á mheas ag coiste stiúrtha Ghlór na nGael faoi láthair agus go bhfuil plé fós ar siúl idir an dá eagraíocht faoin gceist seo.

Voluntary Sector Organisations.

Brian O'Shea

Question:

226 Mr. O’Shea asked the Minister for Community, Rural and Gaeltacht Affairs his views on the concerns of a person (details supplied) in County Wexford regarding the decision of his Department to withdraw the core funding from the community workers co-operative; and if he will make a statement on the matter. [8094/05]

I have dealt with this issue comprehensively already in the House. I refer the Deputy in particular to my reply to Question No. 4 and related questions on 22 February 2005.

The views expressed by the person in question do not change my view that there is in existence a well developed structure providing supports to the sector. I do not accept the person's dismissal of the value or capability of area partnership companies and regional support agencies as described. The reasons for the provision of funding to five groups, including CORI and The Wheel, at the end of 2004 are published and are available on my Department's website.

Finally, many of the anti-poverty networks which will continue to receive funding from my Department are not in fact participants within the framework of Sustaining Progress.

Glór na nGael.

Martin Ferris

Question:

227 Mr. Ferris asked the Minister for Community, Rural and Gaeltacht Affairs the position regarding the termination by Glór na nGael of the contract of its Munster organiser in view of the fact that Munster comprises of 43 of the 90 national committees. [8136/05]

Glór na nGael Teoranta is an independent organisation which receives grant assistance from Foras na Gaeilge. The Deputy will appreciate that issues relating to the staff of Glór na nGael are solely within the remit the organisation itself.

Departmental Staff.

Ruairí Quinn

Question:

228 Mr. Quinn asked the Minister for Community, Rural and Gaeltacht Affairs the assignments of responsibility which have been made under section 9 of the Public Service Management Act 1997 for the performance of his functions by officers of his Department, indicating in respect of each function or class of function whether the assignment has been to named officers or to a grade or grades of officer and whether any of the requirements listed in section 9 (1) (a) to (f) of the Act have been included in the assignment; if information relating to such assignments of responsibility is published by his Department; if he has satisfied himself with the workings of section 9 within his Department; and if he will make a statement on the matter. [8148/05]

Responsibility for the performance of functions in relation to my Department's schemes and corporate functions have been assigned under the Public Service Management Act 1997. The assignment of responsibilities is to named officers at the level of assistant secretary and a grade of officer at principal officer level. The requirements listed in section 9 (1) of the Act have been included in such assignments, subject to the exclusion in relation to dismissals specified in section 9 (1) (f). I am satisfied with the workings of section 9 of the Act within my Department.

Publication of information in relation to such assignments is under consideration, in the context of a revision of assignments following redistribution of responsibilities within the Department.

Ruairí Quinn

Question:

229 Mr. Quinn asked the Minister for Community, Rural and Gaeltacht Affairs the arrangements in place within his Department relating to the delegation by him of his functions under Acts other than the Public Service Management Act 1997, indicating whether such delegations are express or implied, whether they are in general terms or confined to particular functions or the performance of functions in particular classes of cases, whether the delegation is to named officers or to officers of a particular grade or grades and whether the performance of functions of any particular class is reserved to him personally; if information relating to such delegations is published by his Department; if he has satisfied himself with the working of this system of administration in conjunction with the provisions of the Public Service Management Act 1997; and if he will make a statement on the matter. [8163/05]

Functions under the Freedom of Information legislation have been delegated. The delegation is to particular grades and positions. A notice of this delegation was published in Iris Oifigiúil, 1 March 2002. I am not aware that delegation under the FOI legislation has any implications for the Public Service Management Act 1997.

Ministerial Responsibilities.

Ruairí Quinn

Question:

230 Mr. Quinn asked the Minister for Community, Rural and Gaeltacht Affairs the practice in his Department relating to the identification for legal and administrative purposes of his Department as an entity separate and distinct from his own legal personality as Minister, indicating whether contracts or other legal rights or liabilities are entered into, accepted or enjoyed in the name of his Department rather than in his own name; if so, the nature of those contracts, rights and liabilities; and if he will make a statement on the matter. [8178/05]

I am advised that the Minister as a corporation sole has the capacity to sue or be sued, to contract and hold property. Contracts are either entered into in the name of the Minister or on behalf of the Minister.

Grant Payments.

Paul Connaughton

Question:

231 Mr. Connaughton asked the Minister for Agriculture and Food the single payment entitlements a person (details supplied) in Galway has received; if her attention has been drawn to the fact that this person has been in ill health; and if she will make a statement on the matter. [8100/05]

My Department has made initial contact with the person named in an effort to clarify the nature of his situation. Further contact will be made with him in the coming days to establish if he has any entitlements under the single payment scheme.

Sheep Meat Sector.

Billy Timmins

Question:

232 Mr. Timmins asked the Minister for Agriculture and Food the number of sheep from Northern Ireland killed in this country in the years 2002, 2003 and 2004; and if she will make a statement on the matter. [8107/05]

The number of sheep from Northern Ireland slaughtered at approved export premises in the years in question are as follows:

Year

Numbers

2002

264,803

2003

276,157

2004

321,103

Billy Timmins

Question:

233 Mr. Timmins asked the Minister for Agriculture and Food if breeding ewes from this country can be sold in Northern Ireland; if so, the criteria that must be met; her plans to change this criteria; if any of her staff have met representatives from the sheep farming community; and if she will make a statement on the matter. [8108/05]

Trade in sheep between member states of the European Union is subject to the provisions of Council Directive 2003/50/EC, which reinforced controls on movement of sheep and goats. These controls, which are a direct consequence of the foot and mouth outbreak in 2001, came into effect on 1 July 2004. They provide, as a minimum requirement, that breeding sheep must be certified as having been continuously resident on a holding for at least 30 days prior to export including a so-called "standstill" period of 21 days prior to export during which time no sheep or goats have been introduced on to the holding.

Breeding sheep may be certified for export either from the holding of origin or from an approved assembly centre. Where breeding sheep are presented for certification at an approved assembly centre, they can be moved only direct from the holding of origin to the approved assembly centre. Between leaving the holding of origin and arriving at destination, the sheep must not come into contact with other cloven hoofed animals other than those of the same breeding health status.

Apart from the foregoing, EU rules also provide that in relation to trade in the context of scrapie, all breeding sheep must be either of the ARR-ARR prion protein genotype or have been kept in a scrapie monitored flock for at least three years with no cases of scrapie being confirmed during this period. These rules apply across the EU and between Northern Ireland and the Republic.

Officials from my Department recently met with delegations representing the sheep industry in County Wicklow and the current legal requirements were discussed in detail.

Departmental Staff.

Ruairí Quinn

Question:

234 Mr. Quinn asked the Minister for Agriculture and Food the assignments of responsibility which have been made under section 9 of the Public Service Management Act 1997 for the performance of her functions by officers of her Department, indicating in respect of each function or class of function whether the assignment has been to named officers or to a grade or grades of officer and whether any of the requirements listed in section 9 (1) (a) to (f) of the Act have been included in the assignment; if information relating to such assignments of responsibility is published by her Department; if she has satisfied herself with the workings of section 9 within her Department; and if she will make a statement on the matter. [8149/05]

The practice in my Department is for the Secretary General to delegate to individual members of the management committee responsibility for their respective area of activity including, where deemed appropriate, the requirements listed in section 9 (1) (a) to (f) of the Act. In like manner, members of the management committee assign to each head of division responsibility for their particular area. I consider these arrangements to be satisfactory for the implementation of the relevant sections of the Public Service Management Act.

Ruairí Quinn

Question:

235 Mr. Quinn asked the Minister for Agriculture and Food the arrangements in place within her Department relating to the delegation by her of her functions under Acts other than the Public Service Management Act 1997, indicating whether such delegations are express or implied, whether they are in general terms or confined to particular functions or the performance of functions in particular classes of cases, whether the delegation is to named officers or to officers of a particular grade or grades and whether the performance of functions of any particular class is reserved to her personally; if information relating to such delegations is published by her Department; if she has satisfied herself with the working of this system of administration in conjunction with the provisions of the Public Service Management Act 1997; and if she will make a statement on the matter. [8164/05]

Some of my functions as Minister for Agriculture and Food are delegated by order under Agriculture and Food (Delegation of Ministerial Functions) Order 2004 — SI No. 778 of 2004 and SI 779 of 2004 to Ministers of State and the legislation involved is expressly listed in a schedule to the orders.

In addition, there is a large body of legislation including Acts of the Oireachtas as well as regulations made thereunder and statutory instruments transposing EU directives specific to my Department. Many of these Acts and statutory instruments provide for me as Minister to delegate functions prescribed in the legislation to officers of my Department. The delegation of functions may be to particular posts or grades or to named individuals who would for instance have specific functions and powers in the fields of animal and plant heath, public health and animal welfare. Any functions that are not so delegated and are prescribed in legislation as a function of the Minister is then reserved to me personally in my capacity as the Minister for Agriculture and Food. I am satisfied that this system is working well.

Ministerial Responsibilities.

Ruairí Quinn

Question:

236 Mr. Quinn asked the Minister for Agriculture and Food the practice in her Department relating to the identification for legal and administrative purposes of her Department as an entity separate and distinct from her own legal personality as Minister, indicating whether contracts or other legal rights or liabilities are entered into, accepted or enjoyed in the name of her Department rather than in her own name; if so, the nature of those contracts, rights and liabilities; and if she will make a statement on the matter. [8179/05]

Pursuant to section 2(1) of the Ministers and Secretaries Act 1924, a Minister as a corporation sole has the capacity to sue and be sued, to contract and hold property. Contracts relating to the affairs of my Department are either entered into in my name as Minister or where required, by my officials on my behalf as Minister.

Grant Payments.

Paul Connaughton

Question:

237 Mr. Connaughton asked the Minister for Agriculture and Food if her attention has been drawn to an application by a person (details supplied) in County Galway for single payment entitlements under the national reserve; if her attention has further been drawn to the fact that this person was a victim of the Gort floods in the late 1990s and had to have their entire farm buildings relocated; and if she will make a statement on the matter. [8228/05]

I can confirm that an application to the national reserve has been received from the person named who has applied under category B — the investment category.

The position with regard to the 2005 single payment national reserve is that all applications are being processed at present and in view of the number of applications received and accompanying documentation submitted, it will be some time before processing is completed. The Deputy will appreciate, therefore, that it is not possible to indicate at this stage whether the person named will qualify for an allocation of entitlements from the reserve on foot of an application submitted. Applicants will be notified of their eligibility or otherwise as soon as all applications are processed.

The person named had previously applied to have his case treated as one of force majeure but since the reasons put forward may have been regarded as force majeure in respect of 1995 when the flooding took place, they could not be deemed to be force majeure in respect of 2002. His application was rejected accordingly. He appealed this decision to the independent single payment appeals committee which, having examined the full circumstances of the case, recommended that my Department’s decision should be upheld.

Road Traffic Offences.

Jim O'Keeffe

Question:

238 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the increasing failure of articulated lorries to display rear number plates; if he will bring this matter to the attention of the gardaí; and if he will make a statement on the matter. [8263/05]

Jim O'Keeffe

Question:

259 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the increasing failure of articulated lorries to display rear number plates; if the gardaí and the traffic corps are enforcing the law in this regard; the number of prosecutions for this offence in the years 2002, 2003 and 2004; and if he will make a statement on the matter. [8264/05]

I propose to take Questions Nos. 238 and 259 together.

I am informed by the Garda authorities that personnel across the organisation enforce the law in relation to the display of rear view number plates on heavy goods vehicles. PULSE records indicate the following number of prosecutions for failure to display a rear number plate on such vehicles for the years 2002, 2003 and 2004.

Year

No. of Prosecutions

2002

172

2003

66

2004

55

The Deputy will be aware that recently an assistant commissioner was appointed to oversee the various initiatives being taken by the force in relation to the effective management of road traffic issues. The new assistant commissioner is a member of the top management team in the force and he will bring authority and visible leadership to the traffic corps from the outset.

Prisons Building Programme.

Aengus Ó Snodaigh

Question:

239 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if the role of a person (details supplied) changed at any point during the life of the expert committee charged with site selection for the proposed new prison complex to replace Mountjoy; if his role was truly restricted to that of adviser throughout; and if he was acting purely as an adviser when he helped procure the site at Thornton ultimately chosen by the committee, by negotiating the price and arranging for surveys of the site prior to bringing the proposal to the committee on 18 January 2005. [8074/05]

The person in question did not procure the site at Thornton. The site was offered to the Irish Prison Service. The role of the person in question did not change during the life of the expert committee. He acted as an adviser and liaised with the owners-agents of a number of the sites regarding price and other matters.

Aengus Ó Snodaigh

Question:

240 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the reason it was considered necessary for the new prison complex planned for north County Dublin to be within eight kilometres of the M50 when a site within a similar distance of the M1 would have been just as convenient. [8075/05]

The Director General of the Irish Prison Service was of the view that there would be major operational difficulties if a new prison complex for the Dublin area was too far from the city, the other prisons, the courts and major access routes. In his view such operational difficulties would most likely arise if a site was further than eight kilometres outside the M50.

Aengus Ó Snodaigh

Question:

241 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the reason development land price was paid for farmland in the case of the purchase of a site for the new prison complex planned to replace Mountjoy. [8076/05]

The price paid was the amount required to acquire a site suitable for the development of a new prison facility to allow the replacement of the Mountjoy Prison complex.

Aengus Ó Snodaigh

Question:

242 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the reason environmental impact was not a weighted selection criterion for the new super prison complex to replace Mountjoy, now planned for north County Dublin. [8077/05]

Aengus Ó Snodaigh

Question:

243 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the reason community impact, zoning and planning were combined as a single weighting factor in the site selection process for the new prison complex planned to replace Mountjoy, thus giving an average of only 20-500 for each of these distinct factors. [8078/05]

I propose to take Questions Nos. 242 and 243 together.

I understand that the committee considered and agreed what it considered to be the most relevant criteria in selecting a site and apportioned weightings on the basis of their judgment as to what was the relevant importance of each criterion.

Aengus Ó Snodaigh

Question:

244 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the reason the expert committee charged with site selection for the new prison complex planned to replace Mountjoy did not visit the proposed site at Thornton, north County Dublin, in advance of making its recommendation to the Minister, considering its huge impact on the environment and community concerned. [8079/05]

Aengus Ó Snodaigh

Question:

245 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the reason the expert committee charged with site selection for the new prison complex planned to replace Mountjoy rushed its decision to select the Thornton site, which was introduced, considered and selected in a single meeting. [8080/05]

I propose to take Questions Nos. 244 and 245 together.

Two members of the committee did visit the site but the committee did not consider it necessary for every member of the committee to visit all the sites which were considered suitable particularly when aerial photographs, detailed maps and engineering surveys were available.

I do not accept that the committee rushed its consideration of the site in question. The site was offered to the Irish Prison Service in December 2004. An engineering, planning and technical survey was carried out and the committee had all the information it required to assess the site on the basis of the agreed criteria at its meeting of 18 January 2005.

Aengus Ó Snodaigh

Question:

246 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if he has visited the site selected for the new prison complex in north County Dublin; if not the reason therefor; if he will visit the site and when; and if his attention has been drawn to the impact this development will have on the environment and community of one of the last rural areas in County Dublin. [8081/05]

I have not visited the site in question. The impact of the development on the local area cannot be fully assessed until the plans for the complex have been finalised.

Aengus Ó Snodaigh

Question:

247 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if he will meet with the Rolestown-St. Margaret’s action group. [8082/05]

If a delegation from the group in question wishes to come in and meet with me and set out the issues it wishes to discuss, I would be happy to meet with the members.

Aengus Ó Snodaigh

Question:

248 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the reason he did not anticipate any legal action over the site selected for the new prison complex planned for north County Dublin to replace Mountjoy. [8083/05]

I am not aware of any legal proceedings initiated with regard to the site selected for a new prison facility to enable the replacement of the Mountjoy Prison complex nor am I aware of any grounds which would successfully support such an action. I am conscious that any major development by the State may, at some stage, be subject to legal challenge.

Aengus Ó Snodaigh

Question:

249 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the reason the selection criteria for the new prison complex planned to replace Mountjoy changed again at the last meeting, specifically with regard to the proximity to public transportation, which had been a more important factor up to the meeting of 18 January 2005; and the reason all sites were previously ruled out because they had scored badly on the proximity to public transport criteria were not reconsidered positively in view of the proposal to run a private shuttle bus service to the new prison. [8084/05]

Aengus Ó Snodaigh

Question:

250 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the reason the proposed site at Leixlip was ruled out by the expert committee during the process of site selection for the new prison complex planned to replace Mountjoy. [8085/05]

Aengus Ó Snodaigh

Question:

251 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the reason the proposed site at Balbriggan was ruled out by the expert committee during the process of site selection for the new prison complex planned to replace Mountjoy. [8086/05]

Aengus Ó Snodaigh

Question:

252 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the reason the proposed site at Abbottstown was ruled out by the expert committee during the process of site selection for the new prison complex planned to replace Mountjoy, when it appears to meet all the selection criteria exceptionally well and is already in state ownership. [8088/05]

I propose to take Questions Nos. 249 to 252, inclusive, together.

The weighting for the selection criterion relating to public transport was not changed once it was agreed by the committee at its meeting on 9 July 2004. In any event as can be seen from the reports of the committee, it transpires that no site was ruled out solely because of failure to meet the public transport criterion because all such sites also failed on other criteria.

The site at Balbriggan was originally ruled out on cost grounds at the meeting of 9 July 2004 but was reconsidered at the meeting of 16 September 2004. It was ruled out again at that stage because it was too far from the M50. The site at Leixlip was marked in detail at the meeting of 15 July 2004 but did not make it into the top five sites. It is also further than eight kilometres from the M50 and did not fall within the revised guidelines agreed at the committee's meeting of 16 September 2004.

No site at Abbottstown was assessed by the committee. I understand that the land in question was under consideration for other uses.

Aengus Ó Snodaigh

Question:

253 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if the expert committee charged with site selection for the new prison complex planned to replace Mountjoy are aware that from Thornton it takes longer to get to Blanchardstown Hospital than to Beaumont Hospital. [8089/05]

Aengus Ó Snodaigh

Question:

254 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the response times for the police and fire brigade in the area of the proposed site of the new prison complex planned to replace Mountjoy in north County Dublin; and if the expert committee were aware of these times prior to making their decision on the Thornton site. [8090/05]

I propose to take Questions Nos. 253 and 254 together.

A possible maximum of 15 out of a total 500 marks was allowed for the availability of emergency services. When reviewing this criterion, I understand that the committee took into account the existing location of services as well as planned road developments that may be completed when the new prison facility is likely to come into operation. The committee did not try to assess precise timings in different traffic conditions.

Departmental Staff.

Ruairí Quinn

Question:

255 Mr. Quinn asked the Minister for Justice, Equality and Law Reform the assignments of responsibility which have been made under section 9 of the Public Service Management Act 1997 for the performance of his functions by officers of his Department, indicating in respect of each function or class of function whether the assignment has been to named officers or to a grade, or grades, of officer and whether any of the requirements listed in section 9 (1) (a) to (f) of the Act have been included in the assignment; if information relating to such assignments of responsibility is published by his Department; if he is satisfied with the workings of section 9 within his Department; and if he will make a statement on the matter. [8150/05]

Ruairí Quinn

Question:

256 Mr. Quinn asked the Minister for Justice, Equality and Law Reform the arrangements in place within his Department relating to the delegation by him of his functions under Acts other than the Public Service Management Act 1997, indicating whether such delegations are express or implied, whether they are in general terms or confined to particular functions, or the performance of functions, in particular classes of cases, whether the delegation is to named officers or to officers of a particular grade or grades and whether the performance of functions of any particular class is reserved to him personally; if information relating to such delegations is published by his Department; if he is satisfied with the working of this system of administration in conjunction with the provisions of the Public Service Management Act 1997; and if he will make a statement on the matter. [8165/05]

I propose to take Questions Nos. 255 and 256 together.

Assignments of responsibility under section 9 of the Public Service Management Act 1997 for the performance of functions in my Department have been made to named officers at assistant secretary level and include, where appropriate, requirements listed under section 9 (1) (a) to (f) of the Act. Given the very extensive range of functions for which I am responsible under legislation as Minister for Justice, Equality and Law Reform, it is not practical to delegate specifically in each case. Many of these functions are exercised or administered on my behalf by officials of my Department without any express delegation by me. Whereas certain functions under Acts have been formally delegated by me to officers of a particular grade, for example, under the Documentary Evidence Act 1925 and the Freedom of Information Act 1997, the performance of other functions under Acts, such as the making of deportation orders and decisions in relation to the acquisition or otherwise of citizenship through naturalisation under the Immigration Act 2004, are reserved to the Minister.

Information on assignments of responsibility under the Public Service Management Act 1997 and functions delegated under other Acts are not generally published by my Department. I am satisfied with the workings of section 9 of the PMA 1997 and the system of administration of ministerial functions in my Department.

Ministerial Responsibilities.

Ruairí Quinn

Question:

257 Mr. Quinn asked the Minister for Justice, Equality and Law Reform the practice in his Department relating to the identification for legal and administrative purposes of his Department as an entity separate and distinct from his own legal personality as Minister, indicating whether contracts or other legal rights or liabilities are entered into, accepted or enjoyed in the name of his Department rather than in his own name; if so, the nature of those contracts, rights and liabilities; and if he will make a statement on the matter. [8180/05]

The Ministers and Secretaries Act 1924 and the Public Service Management Act 1997 set out the legal position of Government Ministers and Departments.

Section 3 of the Public Service Management Act 1997 restates the responsibility of Ministers for the performance of functions which are assigned to his or her Department. Section 2 (1) of the Ministers and Secretaries Act 1924 provides that each Minister shall be a corporation sole and shall have perpetual succession and an official seal, may sue and be sued, may acquire, hold and dispose of land for the purposes of the functions, powers or duties of the Department of State of which he or she is head, or of any branch thereof. Section 4 of the Public Service Management Act 1997 sets out the responsibility and accountability within Departments and offices.

Contracts and all other legal rights or liabilities are either entered into, accepted or enjoyed in the name of the Minister on behalf of the Minister.

Violence Against Women.

Pat Rabbitte

Question:

258 Mr. Rabbitte asked the Minister for Justice, Equality and Law Reform if, in view of the continuing problem of violence against women, he agrees that the Government needs to commit to a national funding framework for the violence against women sector, with roles, responsibilities and budgets defined within each of the six Government Departments with a responsibility for violence against women services, with money ring-fenced for service delivery; and if he will make a statement on the matter. [8186/05]

An interdepartmental group, comprising the Government Departments with responsibilities in the area of violence against women, is currently being convened by my colleague, Deputy Fahey, Minister of State at the Department of Justice, Equality and Law Reform and chairperson of the national steering committee on violence against women, to discuss the roles, responsibilities and budgets available within each Department for addressing the issue.

The main funding for the organisations supporting victims of such violence is allocated by the Department of Health and Children. The Department of Health and Children is responsible for the provision of health and social services to victims of violence, including domestic violence, rape and sexual assault. In the main, these services are provided by non-governmental organisations who receive funding for this work from the Department of Health and Children through the relevant health boards. In addition, the Department of the Environment, Heritage and Local Government assists in the provision of crisis accommodation, such as refuges.

My Department is responsible for any necessary responses from the civil and criminal justice systems, for any preventative measures which can be put in place, including intervention programmes for perpetrators of domestic violence, and for awareness raising measures aimed at changing society's attitude to violence against women. My Department also co-ordinates the work of the national steering committee on violence against women. The Department of Education and Science is responsible for measures to educate children in relation to the issue in the schools, the Department of Social and Family Affairs has responsibilities for family support issues and the Department of Community, Rural and Gaeltacht Affairs has responsibility for funding community development programmes and organisations.

The issue of the level of funding allocated from departmental budgets to addressing violence against women and any question of ring-fencing funding is a matter for the individual Departments concerned.

Question No. 259 answered with QuestionNo. 238.

Security Measures.

Sean Fleming

Question:

260 Mr. Fleming asked the Minister for Justice, Equality and Law Reform when additional security measures will be installed at a location (details supplied) in County Laois. [8270/05]

On security grounds, it would not be appropriate for me to issue a detailed reply by way of a parliamentary question in this matter. However, I will write to the Deputy on this matter shortly.

Garda Operations.

Richard Bruton

Question:

261 Mr. Bruton asked the Minister for Justice, Equality and Law Reform to outline the system for fingerprinting and matching from the Garda database; if his attention has been drawn to the fact that there are complaints of lengthy delays between collection of evidence and return of information on matches; and if he will make a statement on the matter. [8271/05]

The Garda authorities inform me that fingerprint evidence collected from crime scenes by scenes of crime examiners is submitted through the forensic liaison office by divisional liaison officers. Once evaluated and prioritised to determine the usefulness for identification, it is passed to the fingerprint section, where it is then searched against the automated fingerprint identification system, AFIS, database.

Information as to evidential value is immediately forwarded to the Garda member in charge of the case. This is often preceded by a telephone call to the scenes of crime examiner. The majority of cases are turned around within a week but occasionally this may not be achievable. I am assured urgent cases are dealt with immediately.

I am further informed by the Garda authorities that an ISO accredited quality assurance system is in operation at the fingerprint section where all complaints are logged, in accordance with accreditation requirements. I understand that no complaints regarding delays have been received.

Road Traffic Offences.

Paudge Connolly

Question:

262 Mr. Connolly asked the Minister for Justice, Equality and Law Reform the number of drivers convicted of motoring offences while using mobile phones; and if he will make a statement on the matter. [8272/05]

I refer the Deputy to Question No. 137 of Thursday, 17 February 2005. The position remains unchanged.

Child Care Services.

Ruairí Quinn

Question:

263 Mr. Quinn asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the fact that the Dublin city child care committee has undertaken to establish five local child care resource centres, one for each of the five council areas of Dublin City Council, and that the Rathmines information and community services centre submitted a proposal to establish and provide this service, only to be informed that the proposal could not be funded due to the fact that the financial allocation for 2005 was insufficient, despite the fact that the proposal submitted was acceptable to the Dublin city child care committee and that the only barrier was the availability of cash; and if he will make a statement on the matter. [8273/05]

The Dublin city child care committee is one of the 33 city and county child care committees, CCCs, that were established as part of the quality measure under the equal opportunities child care programme, EOCP, to develop child care at local level. Including its 2005 allocation, Dublin city child care committee has received allocations totalling €1.55 million in EOCP funding since the start of the programme.

Funding for the Dublin city child care committee has increased in line with inflation to €344,000 for 2005 and this has been supplemented by funding of €100,000 in 2005 for its locally focused initiatives and by funding of €70,000 for the childminders initiative. I understand that Dublin city child care committee has appealed this level of funding and the appeal is under review. Pending this review, it would be premature of me to comment further at this time.

Travel Documentation.

Bernard J. Durkan

Question:

264 Mr. Durkan asked the Minister for Justice, Equality and Law Reform when travel documents will re-issue in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [8288/05]

A replacement document was forwarded to the person concerned on 24 February 2005.

Deportation Orders.

Bernard J. Durkan

Question:

265 Mr. Durkan asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the medical history in the case of a person (details supplied) in Dublin 8; if this has been considered in the context of treatment requirements in the event of deportation; and if he will make a statement on the matter. [8289/05]

I refer the Deputy to the reply I gave to Question No. 164 on Thursday, 3 February 2005. The additional information submitted by the Deputy has been considered and the decision to deport remains unchanged.

Refugee Status.

Bernard J. Durkan

Question:

266 Mr. Durkan asked the Minister for Justice, Equality and Law Reform if he will review the case of refugee status on behalf of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [8290/05]

I refer the Deputy to Parliamentary Question No. 345 of 8 February 2005 which sets out the position in this case. The position remains unchanged.

Residency Permits.

John Perry

Question:

267 Mr. Perry asked the Minister for Justice, Equality and Law Reform when a decision will be made on the application by a person (details supplied); and if he will make a statement on the matter. [8363/05]

The person concerned made an application for permission to remain in the State on the basis of her parentage of an Irish citizen child under the revised arrangements on 31 January 2005. Her application was acknowledged on 24 February 2005. A decision has been reached on her application and she will be advised of this decision by post this week.

Special Educational Needs.

Olwyn Enright

Question:

268 Ms. Enright asked the Minister for Education and Science if she will proceed with the introduction of a system of weighted allocation of resources for children with special educational needs from September 2005; and if she will make a statement on the matter. [8225/05]

The Government took a decision in 1998 that has transformed the level of provision for pupils with special educational needs, including those with mild and borderline mild general learning disabilities. Pupils with such needs would be entitled to an automatic response to meet those needs and the allocation of resources to meet those needs no longer depended, as it had in the past, on the limited resources that were available to meet those needs. Instead, the response was based on the nature of the disability involved and once the required supporting professional assessments were made available, the resources were automatically allocated. It was this decision that gave rise to an enormous expansion in resourcing levels in schools.

In light of the reality that pupils in the high incidence disability categories of mild and borderline mild general learning disability and dyslexia are distributed throughout the education system, my Department, in consultation with educational interests, developed a general model of resource teacher allocation to schools to support students in these disability categories. This model, which was announced by my predecessor in 2004 and due to come into effect from September 2005, was designed to put in place a permanent resource in primary schools to cater for pupils in these categories. The model was constructed so that allocations would be based on pupil numbers, taking into account the differing needs of the most disadvantaged schools and the evidence that boys have greater difficulties than girls in this regard.

In light of the possible impact on small and rural schools, I have asked my Department to conduct a review of the general allocation model. The review will be completed in the coming weeks and its outcome will be announced in time for implementation for the next school year.

School Staffing.

Gay Mitchell

Question:

269 Mr. G. Mitchell asked the Minister for Education and Science when approval for the appointment of an additional resource teacher at a school (details supplied) in Dublin 12 will be notified to the school concerned; and if she will make a statement on the matter. [8098/05]

My Department has received an application for an additional resource teacher post for Traveller pupils from the school in question. A decision on the application will be conveyed to the school as soon as the application has been considered. I understand that the school currently has the services of a resource teacher for Traveller pupils.

Educational Disadvantage.

Gay Mitchell

Question:

270 Mr. G. Mitchell asked the Minister for Education and Science if her Department will approve the appointment of a full-time home school liaison for a school (details supplied) in Dublin 12; and if she will make a statement on the matter. [8099/05]

A review of educational disadvantage programmes is currently being finalised by my Department and any decision to expand or extend any of the initiatives aimed at addressing educational disadvantage is being considered in this context. Arising from the review process, a draft report has been prepared and it is my intention to complete this work as soon as possible.

Bullying in Schools.

Billy Timmins

Question:

271 Mr. Timmins asked the Minister for Education and Science the plans she has to monitor the effectiveness or otherwise of bullying policies in schools; and if she will make a statement on the matter. [8112/05]

I am acutely aware of the issue of bullying in schools and my Department has in place a multi-faceted strategy to tackle the issue. The education of students in both primary and post-primary schools on anti-bullying behaviour is a central part of the social, personal and health education, SPHE, curriculum.

SPHE is now a compulsory subject at primary level and in the junior cycle of post-primary schools. The SPHE curriculum provides for the development of personal and social skills, including self awareness, respect for others, self esteem and communication skills, all of which are important elements in addressing the issue of bullying. In primary education, the issue of bullying is addressed in the SPHE curriculum in the strand entitled "Myself and Others", from infant classes onwards. In second level education, the issue of bullying is addressed from first year onwards in the SPHE curriculum at junior cycle, in the module on belonging and integrating.

My Department, in its guidelines on countering bullying behaviour in schools, has provided a national framework within which individual school management authorities meet their responsibilities for implementing effective school based policies to counter bullying. These guidelines were drawn up following consultation with representatives of school management, teachers and parents and are sufficiently flexible to allow each school authority to adapt them to suit the particular needs of the school.

Each school is required to have in a policy in place which includes specific measures to deal with bullying behaviour, within the framework of an overall school code of behaviour and discipline. Such a code, properly devised and implemented, can be the most influential measure in countering bullying behaviour in schools. The school development planning initiative plays an important role in supporting schools to raise awareness of the need for anti-bullying measures. In addition, my Department funds a number of support services and pilot initiatives which provide direct assistance to schools in dealing with the issue of bullying.

Schools Refurbishment.

Paul McGrath

Question:

272 Mr. P. McGrath asked the Minister for Education and Science if her attention has been drawn to the proposed refurbishment plans for a school in County Longford (details supplied); if she will visit this school as soon as possible to see the many obsolete and inappropriate facilities; if she will report on proposals to refurbish this school; and if she will make a statement on the matter. [8125/05]

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

I have recently made a series of announcements in relation to the schools building and modernisation programme that included: 122 major school building projects country wide authorised to prepare tenders and move to construction during 2005; 192 schools invited to deliver their building projects on the basis of devolved funding; 43 schools authorised to commence architectural planning; and 590 schools with projects approved under the 2005 summer works scheme.

I plan to make further announcements on schools whose projects will further progress through the design process together with details of schools identified as suitable for construction under public private partnerships.

Traffic Calming Measures.

Paul Nicholas Gogarty

Question:

273 Mr. Gogarty asked the Minister for Education and Science if her attention has been drawn to the problems being experienced by a school (details supplied) in County Limerick; if she will consider providing additional ring-fenced funding to ensure that local authorities can provide safety crossings at all primary schools; and if she will make a statement on the matter. [8128/05]

My Department does not provide funding for pedestrian crossings at primary schools. The provision of a pedestrian crossing is a matter for the relevant local authority.

Departmental Staff.

Ruairí Quinn

Question:

274 Mr. Quinn asked the Minister for Education and Science the assignments of responsibility which have been made under section 9 of the Public Service Management Act 1997 for the performance of her functions by officers of her Department, indicating in respect of each function or class of function whether the assignment has been to named officers or to a grade, or grades, of officer and whether any of the requirements listed in section 9(1), paragraphs (a) to (f) of the Act have been included in the assignment; if information relating to such assignments of responsibility is published by her Department; if she is satisfied with the workings of section 9 within her Department; and if she will make a statement on the matter. [8151/05]

The information requested by the Deputy is being compiled in my Department and will be provided as soon as possible.

Ruairí Quinn

Question:

275 Mr. Quinn asked the Minister for Education and Science the arrangements in place within her Department relating to the delegation by her of her functions under Acts other than the Public Service Management Act 1997, indicating whether such delegations are express or implied, whether they are in general terms or confined to particular functions or the performance of functions in particular classes of cases, whether the delegation is to named officers or to officers of a particular grade or grades and whether the performance of functions of any particular class is reserved to her personally; if information relating to such delegations is published by her Department; if she has satisfied herself with the working of this system of administration in conjunction with the provisions of the Public Service Management Act 1997; and if she will make a statement on the matter. [8166/05]

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

Ministerial Responsibilities.

Ruairí Quinn

Question:

276 Mr. Quinn asked the Minister for Education and Science the practice in her Department relating to the identification for legal and administrative purposes of her Department as an entity separate and distinct from her own legal personality as Minister, indicating whether contracts or other legal rights or liabilities are entered into, accepted or enjoyed in the name of her Department rather than in her own name; if so, the nature of those contracts, rights and liabilities; and if she will make a statement on the matter. [8181/05]

The practice in my Department is for all formal legal contracts to be entered into in the name of the Minister rather than the Department. This is because under the Ministers and Secretaries Act 1924 the Minister for Education is recognised as a body corporate and is the legal personification of the Department.

Special Educational Needs.

Brendan Howlin

Question:

277 Mr. Howlin asked the Minister for Education and Science if she will report on the extent of special education supports provided at primary level for pupils with autism; her views on whether two and a half hours per week of special education supports is adequate for a pupil with autism; if there is scope for a pupil with autism to access supports additional to two and a half hours per week; and if she will make a statement on the matter. [8232/05]

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

Current provision for pupils with autism include: the creation of 141 special classes for children with autism attached to special schools and mainstream schools; the establishment of ten pre-school classes for children with autism; the funding of eight autism facilities, some of which are providing an applied behavioural analysis model of response to children with autism; and the creation of five special classes for children with Asperger's syndrome.

All such classes operate at a pupil-teacher ratio of 6:1 with the support of a minimum of two special needs assistants. The level of resource teaching support provided to pupils with autism attending mainstream primary schools is based on the professionally assessed needs of the individual child. In general, such pupils would be eligible for five hours resource teaching support. In addition, my Department may sanction home tuition grants for children with autism for whom a home based applied behavioural analysis programme is considered appropriate or in cases where such children are awaiting an appropriate school placement.

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

Under the new arrangements the council, through the local special educational needs organiser, SENO, will process the relevant application for resources 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 upon 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 area 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.

Teachers’ Remuneration.

Michael Ring

Question:

278 Mr. Ring asked the Minister for Education and Science , further to Parliamentary Question No. 464 of 17 November 2004, when a person (details supplied) in County Mayo will be approved for incremental credit as a special needs assistant based on previous experience. [8260/05]

My Department is currently devising the qualifying criteria for the award of incremental credit to special needs assistants. The application for incremental credit from the person referred to by the Deputy will be considered when this process has been completed. A decision on the application will be conveyed to the person concerned as quickly as possible thereafter.

Site Acquisitions.

Bernard J. Durkan

Question:

279 Mr. Durkan asked the Minister for Education and Science the position in regard to the acquisition of a site for a new national school at Kill, County Kildare; if her attention has been drawn to the need to expedite the process in view of the proximity of the present school to a major road works project and a consequent safety concern arising therefrom; if she expects to achieve progress in this regard in the current year; and if she will make a statement on the matter. [8291/05]

The property management section of the OPW, which acts on behalf of my Department in 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.

Special Educational Needs.

Bernard J. Durkan

Question:

280 Mr. Durkan asked the Minister for Education and Science her proposals to meet in full the special needs teaching requirements as set out by the school authorities in all primary schools throughout County Kildare; and if she will make a statement on the matter. [8292/05]

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

Children who have been assessed as having special educational needs have access to a range of special support services. The services range from special schools dedicated to particular disability groups, through special classes or units attached to ordinary schools to placement on an integrated basis in ordinary schools with special back up supports. My Department's policy is to ensure the maximum possible integration of children with special educational needs into ordinary mainstream schools. Many children with such needs are capable of attending mainstream schools on a fully integrated basis with the support, where necessary, of special resource teachers and or special needs assistants.

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

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

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

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

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

In 1998 the Government took a decision which has transformed the level of provision for pupils with special educational needs, including those with mild and borderline mild general learning disabilities and dyslexia. Pupils with such needs are entitled to an automatic response to meet those needs and the allocation of resources to meet those needs no longer depends, as it had in the past, on the limited resources that were available. The response is instead based on the nature of the disability involved and once the required supporting professional assessments are made available the resources are automatically allocated. It was this decision which gave rise to an enormous expansion in resourcing levels in schools.

In light of the reality that pupils in the high incidence disability categories of mild and borderline mild general learning disability and dyslexia are distributed throughout the education system, my Department in consultation with educational interests developed a general model of resource teacher allocation to schools to support students in these disability categories. This model, which was announced by my predecessor in 2004 to come into effect from September 2005, was designed to put in place a permanent resource in primary schools to cater for pupils in these categories. The model was constructed so that allocations would be based on pupil numbers taking into account the differing needs of the most disadvantaged schools and the evidence that boys have greater difficulties than girls in this regard.

In light of the possible impact on small and rural schools I have asked my Department to conduct a review of the general allocation model. The review will be completed in the coming weeks and its outcome will be announced in time to be implemented for the next school year.

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

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

Schools Building Projects.

Bernard J. Durkan

Question:

281 Mr. Durkan asked the Minister for Education and Science the extent to which the national schools building programme is progressing in accordance with requirements; the number of schools refurbished or replaced in the past five years; the number likely to be replaced or refurbished in the next two years; and if she will make a statement on the matter. [8293/05]

Between 1998 and 2004 over €920 million has been invested on primary educational infrastructure relating to individual building projects, site purchases, dust, asbestos and radon remediation programmes, science initiatives, contingency, furniture and equipment. This investment has delivered 84 new school buildings, over 350 large scale refurbishment and extension projects, over 6,000 smaller scale projects and thousands of other small scale works under the annual minor works grant.

The Government remains committed to continuing the work it has started and to consolidating the substantial progress already made to ensure that the needs of schools throughout the country are met over time. Proof of this commitment is that this year's school building programme is the largest in the history of the State. Out of an overall capital budget of €493 million for schools, €270 million is available for primary school investment. This brings to almost €1.2 billion the amount that will have been invested since 1998 on primary schools.

I recently announced the first phases of the 2005 school building and modernisation programme which provided the following details: 122 major school building projects country wide, including 89 primary school projects which will prepare tenders and move to construction during the next 12 to 15 months; an additional 171 primary schools which will be invited to deliver their building projects on the basis of devolved funding; 43 schools, of which 32 are primary schools, which will be authorised to commence architectural planning; and 590 schools approved for funding under the 2005 summer works scheme, over 360 of which are primary schools.

In addition to the above, approximately €18 million in respect of all primary schools will be issued under the devolved grant to enable schools to carry out minor works. Each primary school gets a standard grant of €3,809 together with a per pupil rate of €12.70.

I plan to make further announcements in the coming period on the school building and modernisation programme which will include details of schools identified as suitable for construction under public private partnerships and schools whose projects will further progress through the design process.

Pupil-Teacher Ratio.

Bernard J. Durkan

Question:

282 Mr. Durkan asked the Minister for Education and Science the primary schools in County Kildare which have the largest classes; her plans to address the issue; and if she will make a statement on the matter. [8294/05]

The information requested by the Deputy is not readily available for the current school year. The system for allocating teachers to primary schools is based on ensuring an overall maximum class size of 29 pupils in each school. Where some classes in a school have class sizes of greater than 29 it is generally because a decision has been taken at local level to use the available teaching resources to have smaller numbers in other classes.

The Deputy should note that significant improvements have been made in this area in recent years. The national average class size at primary level is now 23.9, down from 26.6 in 1996 to 1997. The pupil-teacher ratio, which includes all the teachers in the school including resource teachers, has fallen from 22.2:1 in the 1996 to 1997 school year to 17.44:1 in 2003 to 2004.

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, to tackle educational disadvantage and to provide additional resources for children with special needs. Significantly smaller class sizes have been introduced in disadvantaged schools involved in the Giving Children an Even Break and Breaking the Cycle programmes, with approximately 47,700 pupils in 243 participating schools availing of reduced maximum class sizes of either 15 or 20 pupils per class.

In line with Government policy, the position will be improved further in the future within available resources and subject to spending priorities within the education sector. Priority will be given to pupils with special needs, those from disadvantaged areas and those in junior classes.

Schools Refurbishment.

Bernard J. Durkan

Question:

283 Mr. Durkan asked the Minister for Education and Science if she will initiate a programme to replace all the prefabricated school buildings throughout the country within a specified period; and if she will make a statement on the matter. [8295/05]

It is the policy of my Department to provide a permanent accommodation solution in so far as possible to meet accommodation demands in schools. However, the time span involved in architectural design and obtaining planning permission effectively means that it may not be possible in all instances to provide a permanent accommodation solution as soon as it is required and in these cases temporary accommodation is provided as an interim measure.

This Government has shown its commitment to modernising the facilities in our schools, including the replacement of prefabricated buildings with permanent accommodation, through the record levels of funding for school building works in recent years. Next year we will spend €493 million on school buildings, which represents an increase of 14% on 2004 and is six times the 1997 allocation.

Modernising the facilities in all 3,200 primary and 750 post-primary schools is not an easy task given the legacy of decades of under investment in this area as well as the need to respond to emerging needs in new population areas. However, I am determined to ensure that every child in this country is educated in a suitable and comfortable environment. The 14% increase in funding for school buildings in 2005 is clear proof of my commitment to this goal.

Since the beginning of the year I have made a number of announcements relating to the school building and modernisation programme. In this year alone €270 million will be allocated to primary schools and €223 million to post-primary schools for building works. This represents an increase of 14% on the 2004 allocation.

Pupil-Teacher Ratio.

Bernard J. Durkan

Question:

284 Mr. Durkan asked the Minister for Education and Science her proposals to improve pupil-teacher ratio at all second level schools throughout the country; and if she will make a statement on the matter. [8296/05]

Significant improvements have been made in the pupil-teacher ratio at post-primary level in recent years. The ratio has fallen from 16:1 in the 1996 to 1997 school year to 13.6:1 in the 2003 to 2004 school year.

In line with Government policy, my Department will continue to provide further reductions in the pupil-teacher ratio within available resources and subject to spending priorities within the education sector. Priority will be given to pupils with special needs and those from disadvantaged areas.

Bernard J. Durkan

Question:

285 Mr. Durkan asked the Minister for Education and Science her proposals to improve pupil-teacher ratios at all primary schools throughout the country; and if she will make a statement on the matter. [8297/05]

Significant improvements have been made to the pupil-teacher ratio at primary level, which has fallen from 22.2:1 in the 1996 to 1997 school year to 17.44:1 in the 2003 to 2004 school year.

In line with Government policy my Department will continue to provide further reductions in the pupil-teacher ratio within available resources and subject to spending priorities within the education sector. Priority will be given to pupils with special needs, those from disadvantaged areas and those in junior classes.

Special Educational Needs.

Bernard J. Durkan

Question:

286 Mr. Durkan asked the Minister for Education and Science if the special needs teaching model now in place will be allowed to continue into the future; and if she will make a statement on the matter. [8298/05]

In 1998, the Government took a decision that has transformed the level of provision for pupils with special educational needs, including those with mild and borderline mild general learning disabilities and dyslexia. Pupils with such needs are entitled to an automatic response to meet those needs and the allocation of resources to meet those needs no longer depends as in the past on the limited resources that were available. The response is instead based on the nature of the disability involved and once the required supporting professional assessments are made available the resources are automatically allocated. It was this decision which gave rise to an enormous expansion in resourcing levels in schools.

In light of the reality that pupils in the high incidence disability categories of mild and borderline mild general learning disability and dyslexia are distributed throughout the education system, my Department in consultation with educational interests developed a general model of resource teacher allocation to schools to support students in these disability categories. This model, which was announced by my predecessor in 2004 to come into effect from September 2005, was designed to put in place a permanent resource in primary schools to cater for pupils in these categories. The model was constructed so that allocations would be based on pupil numbers, taking into account the differing needs of the most disadvantaged schools and the evidence that boys have greater difficulties than girls in this regard.

In light of the possible impact on small and rural schools I have asked my Department to conduct a review of the general allocation model. The review will be completed in the coming weeks and its outcome will be announced in time to be implemented for the next school year.

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

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

Schools Refurbishment.

Bernard J. Durkan

Question:

287 Mr. Durkan asked the Minister for Education and Science the position in regard to the extra facilities required at a school (details supplied) in County Kildare; if she expects the project to advance in the current year; and if she will make a statement on the matter. [8299/05]

Bernard J. Durkan

Question:

292 Mr. Durkan asked the Minister for Education and Science the position in regard to the provision of extra facilities required at a school (details supplied) in County Kildare with a view to meeting growing population needs; and if she will make a statement on the matter. [8304/05]

Bernard J. Durkan

Question:

293 Mr. Durkan asked the Minister for Education and Science the progress in relation to the provision of the extra facilities at a school (details supplied) in County Kildare; and if she will make a statement on the matter. [8305/05]

Bernard J. Durkan

Question:

302 Mr. Durkan asked the Minister for Education and Science the progress in relation to the provision of the extra facilities at a school (details supplied) in County Kildare; and if she will make a statement on the matter. [8323/05]

Bernard J. Durkan

Question:

304 Mr. Durkan asked the Minister for Education and Science if her attention has been drawn to the urgent and ever increasing pressing needs for the extra facilities required at a school (details supplied) in County Kildare; and if she will make a statement on the matter. [8326/05]

Bernard J. Durkan

Question:

310 Mr. Durkan asked the Minister for Education and Science when she expects to be in a position to provide extra facilities urgently required at a school (details supplied) in County Kildare; if she will provide new temporary prefabricated buildings in the current year to replace the existing ones which are dilapidated, unsafe and continually undergoing repairs; and if she will make a statement on the matter. [8332/05]

Bernard J. Durkan

Question:

318 Mr. Durkan asked the Minister for Education and Science the position in regard to the provision of extra facilities at a school (details supplied) in County Kildare; and if she will make a statement on the matter. [8340/05]

I propose to take Questions Nos. 287, 292, 293, 302, 304, 310, 318 together.

The projects at the schools to which the Deputy refers have been assessed in accordance with the published prioritisation criteria which were revised following consultation with the education partners. The progress of these projects is being considered in the context of the 2005 school building programme.

The Deputy will be aware that I recently announced the first phase of the 2005 school building programme which provided details of 122 major school building projects country wide which will prepare tenders and move to construction during 2005. I have also recently announced details of schools with projects approved under the 2005 summer works scheme, an expansion of the number of schools which will be invited to deliver their building projects on the basis of devolved funding and schools which will be authorised to commence architectural planning.

I plan to conclude the current series of announcements on the school building and modernisation programme in the coming weeks with announcements that will include details of schools identified as suitable for construction under public private partnerships and schools whose projects will further progress through the design process.

Bernard J. Durkan

Question:

288 Mr. Durkan asked the Minister for Education and Science the progress in relation to the provision of the extra facilities at a school (details supplied) in County Kildare; and if she will make a statement on the matter. [8300/05]

My Department has not received any application for additional accommodation from the school referred to by the Deputy. The school authorities should contact the school planning section of my Department if there is a need for additional accommodation at the school.

Bernard J. Durkan

Question:

289 Mr. Durkan asked the Minister for Education and Science her Department’s proposals in conjunction with the Kildare VEC for the replacement of facilities at a school (details supplied) in County Kildare; if agreement has been reached on the location of the required facilities; and if she will make a statement on the matter. [8301/05]

County Kildare VEC, which is the management authority of the post-primary school referred to by the Deputy, is currently progressing plans to relocate the school and extend its capacity to 1,000 pupils. Discussions have been held with County Kildare VEC, the local authority and representatives of a developer on the matter. It is not possible to indicate at this stage when the discussions will be concluded and a final decision taken in the matter.

Bernard J. Durkan

Question:

290 Mr. Durkan asked the Minister for Education and Science the full extent of extra facilities required at a school (details supplied) in County Kildare; if she will be in a position to approve the project in the current year; and if she will make a statement on the matter. [8302/05]

My Department has recently approved an extension project for the school referred to by the Deputy. This extension project is currently in progress and when completed will result in the school being able to cater for up to 900 pupils as agreed with the school authorities. It is expected that this new accommodation will meet the demand for school places in the medium term.

Bernard J. Durkan

Question:

291 Mr. Durkan asked the Minister for Education and Science the position in relation to the provision of extra facilities at a school (details supplied) in Dublin 24; and if she will make a statement on the matter. [8303/05]

The project at the school referred to by the Deputy is included in the list of projects I announced on 10 January which will be proceeding to tender and construction over the next 12 to 15 months.

My Department's building unit held general information meetings for all schools with projects due to go to tender and construction in the next 12 to 15 months to guide them through the process involved in moving the projects forward. These meetings took place on 31 January and 1 February in Tullamore and the representatives of the schools in question attended the meeting. My Department expects to be in contact with the schools again in the coming weeks in relation to the delivery of this project.

Questions Nos. 292 and 293 answered with Question No. 287.

Bernard J. Durkan

Question:

294 Mr. Durkan asked the Minister for Education and Science the full extent of the extra facilities required at a school (details supplied) in County Kildare; if she will be in a position to meet this requirement in full in the current year; and if she will make a statement on the matter. [8306/05]

My Department recently approved the provision of temporary accommodation for the school in question in respect of its additional accommodation requirements for September 2005.

Bernard J. Durkan

Question:

295 Mr. Durkan asked the Minister for Education and Science the extent to which she has met or proposes to meet extra facilities required at a school (details supplied) in County Kildare including special needs resources or structural improvements; and if she will make a statement on the matter. [8307/05]

I am pleased to inform the Deputy that construction is well underway on a six classroom extension at the school in question. It is envisaged that the extension will be completed in the latter half of 2005.

Bernard J. Durkan

Question:

296 Mr. Durkan asked the Minister for Education and Science the position regarding the extra facilities required at a school (details supplied) in County Kildare; and if she will make a statement on the matter. [8316/05]

I am pleased to inform the Deputy that construction is well underway on a seven classroom extension at the school in question. It is envisaged that the extension will be completed in the latter half of 2005.

Schools Building Projects.

Bernard J. Durkan

Question:

297 Mr. Durkan asked the Minister for Education and Science when work is likely to start in the case of a school (details supplied) in County Kildare; and if she will make a statement on the matter. [8317/05]

The project for the school referred to by the Deputy is one of 122 major school projects to proceed to tender and construction over the next 12 to 15 months. My Department's building unit held general information meetings for all these schools to guide them through the process involved in moving projects to tender and construction. These meetings took place on 31 January and 1 February in Tullamore and the school in question attended the meeting. My Department expects to be in contact with the school in the coming weeks in relation to the delivery of this project.

Schools Recognition.

Bernard J. Durkan

Question:

298 Mr. Durkan asked the Minister for Education and Science if adequate provision is available to meet the requirements as set out by the authorities at a school (details supplied) in County Kildare within the next 12 months; if she will be in a position to expedite the project; and if she will make a statement on the matter. [8318/05]

Newly established schools are generally required to undergo a period of provisional recognition, during which the operation of the school and the growth of pupil numbers are monitored. During that period, it is the responsibility of the school patron to provide interim accommodation. This accommodation should be capable of fully meeting the needs of the developing school until permanent recognition has been secured and my Department is in a position to provide permanent accommodation.

The school in question received provisional recognition with effect from September 2002. An application for permanent recognition has been received and is currently under consideration in the school planning section of my Department. As part of the examination, factors such as the future viability of the school, current and projected enrolments and suitability of accommodation will be considered. A decision on the school's application will be made as soon as possible and the board of management will be notified accordingly.

Schools Building Projects.

Bernard J. Durkan

Question:

299 Mr. Durkan asked the Minister for Education and Science if adequate provision has been made to meet the accommodation and other requirements at a school (details supplied) in County Kildare; the timetable for such provisions; and if she will make a statement on the matter. [8319/05]

My Department has recently approved an extension project for the school referred to by the Deputy. This extension project is currently in progress and when completed will result in the school being able to cater for up to 900 pupils as agreed with the school authorities. It is expected that this new accommodation will meet the demand for school places in the medium term.

Bernard J. Durkan

Question:

300 Mr. Durkan asked the Minister for Education and Science the progress to date in the provision of the extra facilities required at a school (details supplied) in County Kildare; the extent to which these requirements are likely to be met in full; and if she will make a statement on the matter. [8320/05]

I am pleased to inform the Deputy that construction is underway on an extension consisting of four classrooms, ancillary accommodation plus a two classroom autistic unit at the school in question. It is envisaged that the extension will be completed in 2006.

Bernard J. Durkan

Question:

301 Mr. Durkan asked the Minister for Education and Science the full extent of the extra places and facilities required at a school (details supplied) in County Kildare; if she will be in a position to advance this project in the current year; and if she will make a statement on the matter. [8321/05]

Bernard J. Durkan

Question:

312 Mr. Durkan asked the Minister for Education and Science if adequate provision has been made to meet the accommodation and other requirements at a school (details supplied) in County Kildare; the timetable for such provisions; and if she will make a statement on the matter. [8334/05]

I propose to take Questions Nos. 301 and 312 together.

Phase two 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 country wide 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.

I have also just recently announced further phases of the school building and modernisation programme 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. I plan to make further announcements shortly in relation to the schools building and modernisation programme that will include: schools whose projects will further progress through the design process; details of schools identified as suitable for construction under public private partnerships.

Question No. 302 answered with QuestionNo. 287.

Bernard J. Durkan

Question:

303 Mr. Durkan asked the Minister for Education and Science the progress in relation to the provision of the extra facilities at a school (details supplied) in County Kildare; and if she will make a statement on the matter. [8325/05]

An extension was completed in 2003 at the school referred to by the Deputy. There are currently no plans in my Department to provide further accommodation at this school at this time.

Question No. 304 answered with QuestionNo. 287.

Bernard J. Durkan

Question:

305 Mr. Durkan asked the Minister for Education and Science the full schedule of facilities and accommodation being provided or proposed at a school (details supplied) in County Kildare; if this is sufficient to meet the requirements of the growing population; if she can give an assurance that parents seeking enrolment for their children are likely to be accommodated in the near future; and if she will make a statement on the matter. [8327/05]

I am pleased to inform the Deputy that construction is well underway on a seven classroom extension at the school in question. It is envisaged that the extension will be completed in the latter half of 2005. Once the extension is completed the school will have 16 classrooms, general purpose room, library, staff room, general office, administration office, multipurpose room and learning support room.

Since construction began on the current extension, my Department has noted a dramatic demographic influx to the Sallins area. Projections indicate that a further eight classroom extension is required for the school.

On Thursday last, 3 March 2005, I announced a list of 43 schools that are being authorised to commence architectural planning for extensions and new schools with immediate effect. The school in question was one of the schools included in this announcement. The second extension, when completed, will result in a 24 classroom school. My Department will contact the board of management shortly about the proposed second extension at the school.

Bernard J. Durkan

Question:

306 Mr. Durkan asked the Minister for Education and Science the position in regard to the provision of further facilities at a school (details supplied) in County Kildare; if she expects to be in a position to augment the project in the current year; and if she will make a statement on the matter. [8328/05]

The school referred to by the Deputy currently has an application with the Department for a major refurbishment project. The application has been examined by the school planning section of my Department and is currently being considered with other projects that might progress into architectural planning.

Bernard J. Durkan

Question:

307 Mr. Durkan asked the Minister for Education and Science the extent to which the project for the provision of extra facilities at a school (details supplied) has advanced; if she intends any further initiatives in this regard in the current year; and if she will make a statement on the matter. [8329/05]

I am pleased to inform the Deputy that construction work is well underway on the extension at the school referred to by the Deputy. It is envisaged that the extension will be completed in the latter half of 2005. My Department's school planning section has no request for any further facilities for this school.

Bernard J. Durkan

Question:

308 Mr. Durkan asked the Minister for Education and Science the position in regard to the provision of the extra facilities at a school (details supplied) in County Kildare; the extent to which these facilities are likely to be adequate to meet requirements in the future; her proposal in this regard; and if she will make a statement on the matter. [8330/05]

I am pleased to inform the Deputy that construction work is well underway on the new school referred to by the Deputy. It is envisaged that the school will be completed in the latter half of 2005. My Department's school planning section has no request for any additional facilities for this school.

Bernard J. Durkan

Question:

309 Mr. Durkan asked the Minister for Education and Science the progress in the provision of the extra facilities at a school (details supplied) in County Kildare; if her Department has received the necessary additional information from the school authorities to progress this issue; and if she will make a statement on the matter. [8331/05]

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

I recently announced details of 122 major school building projects that will progress to tender and construction phase over the next 12-15 months under the €3.4 billion multi-annual funding secured for the years 2005-09. I have also announced the next phase of the programme under which 191 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 school.

I have made a further announcement on 3 March 2005 detailing 43 school projects which are being authorised to proceed to architectural planning with immediate effect. Details of the 590 schools approved for funding under the summer works scheme were placed on my Department's web site on the 7 March.

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 further announcements in the near future on 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.

Question No. 310 answered with QuestionNo. 287.

School Staffing.

Bernard J. Durkan

Question:

311 Mr. Durkan asked the Minister for Education and Science if the North Kildare School Project, Celbridge, County Kildare, is fully staffed to meet the requirements of its new eight classroom school building, including double autistic unit; and if she will make a statement on the matter. [8333/05]

The staffing of a primary school is determined by reference to the enrolment of the school on 30 September of the previous school year. The actual number of mainstream posts sanctioned is determined by reference to a staffing schedule and is finalised for a particular year following discussions with the education partners.

The mainstream staffing of the school referred to by the Deputy for the current school year is a principal and nine mainstream class teachers based on the enrolment of 250 pupils on 30 September 2003. The school also has the services of two full-time resource teachers, one part-time resource teacher and a shared learning support teacher. According to data submitted to my Department by the board of management, the enrolment on 30 September 2004 was 245 pupils. The staffing for the 2005-06 school year will be determined on the basis of this figure in accordance with the agreed staffing schedule which is expected to be notified to boards of management shortly.

My officials are continuing to liaise with the school management concerning the provision of resources for the autistic unit.

Question No. 312 answered with QuestionNo. 301.

Schools Building Projects.

Bernard J. Durkan

Question:

313 Mr. Durkan asked the Minister for Education and Science the position in regard to the provision of additional accommodation and facilities for a school (details supplied) in County Kildare, taking into consideration increase in population; and if she will make a statement on the matter. [8335/05]

The projects at the school to which the Deputy refers have been assessed in accordance with the published prioritisation criteria, which were revised following consultation with the education partners. The progress of these projects is being considered in the context of the 2005 school building programme.

The Deputy will be aware that I recently announced the first phase of the 2005 school building programme which provided details of 122 major school building projects country wide which will prepare tenders and move to construction during 2005. I have also recently announced: details of schools with projects approved under the 2005 summer works scheme; an expansion of the number of schools that will be invited to deliver their building projects on the basis of devolved funding; schools that will be authorised to commence architectural planning.

I plan to make further announcements shortly in relation to the schools building and modernisation programme that will include details of schools identified as suitable for construction under public private partnerships and schools whose projects will further progress through the design process.

Bernard J. Durkan

Question:

314 Mr. Durkan asked the Minister for Education and Science the progress in the provision of the extra facilities at a school (details supplied) in County Kildare; and if she will make a statement on the matter. [8336/05]

I am pleased to inform the Deputy that a large scale building project for the school referred to by the Deputy has been authorised by my Department to prepare tenders and move to construction during 2005. The proposed project will provide accommodation for a long-term projected enrolment of 850 pupils.

School Accommodation.

Bernard J. Durkan

Question:

315 Mr. Durkan asked the Minister for Education and Science her proposals for the future of a school (details supplied) in County Kildare; if extra improvements or facilities are likely in the current year; and if she will make a statement on the matter. [8337/05]

My Department has not received any application for additional accommodation from the school referred to by the Deputy. The school authories should contact the school planning pection of my Department if there is a need for additional accommodation at the school.

Schools Refurbishment.

Bernard J. Durkan

Question:

316 Mr. Durkan asked the Minister for Education and Science the position in regard to the provision of the covered walkway at Confey College, Leixlip, County Kildare; and if she will make a statement on the matter. [8338/05]

County Kildare VEC submitted an application on behalf of Confey College, Leixlip, for grant aid under the summer works scheme 2005, SWS, for a covered walkway. The school also applied for two other projects and a list of all successful applicants has now been published by my Department. I can confirm that this school's highest priority project, for roof repair and conversion works, was successful and a letter will issue to the management authority shortly.

Schools Building Projects.

Bernard J. Durkan

Question:

317 Mr. Durkan asked the Minister for Education and Science the position with the provision of extra facilities at Coláiste Cois Life, Lucan, County Dublin; if she has received a tender report from the management authority, County Dublin VEC; and if she will make a statement on the matter. [8339/05]

I am pleased to inform the Deputy that construction work commenced in November 2004 on a new school building to meet the long term accommodation needs of Coláiste Cois Life. The contract period is in the region of 18 months.

Question No. 318 answered with QuestionNo. 287.

School Accommodation.

Bernard J. Durkan

Question:

319 Mr. Durkan asked the Minister for Education and Science the progress in relation to the provision of the extra facilities required at Coláiste Ciaran, Leixlip, County Kildare; and if she will make a statement on the matter. [8341/05]

My Department has not received any application for additional accommodation from the management authorities of Coláiste Ciaran, Leixlip, County Kildare. The school authories should contact the school planning section of my Department if there is a need for additional accommodation at the school.

Site Acquisitions.

Bernard J. Durkan

Question:

320 Mr. Durkan asked the Minister for Education and Science the provisions made or will be made to meet the requirements in terms of alternative or new school facilities at a school (details supplied) in County Kildare; if is it anticipated that this project will advance further in the next 12 months; and if she will make a statement on the matter. [8344/05]

The property management section of the OPW, which acts on behalf of my Department on site acquisitions generally, is currently negotiating a site acquisition for the new national school in Ardclough, County Kildare. Due to the commercial sensitivities of site acquisitions, the information requested by the Deputy is not available for release at present.

Special Educational Needs.

Finian McGrath

Question:

321 Mr. F. McGrath asked the Minister for Education and Science if she will report on the back-up services and resources for children with dyslexia; and the way in which these services will expand under new legislation. [8361/05]

Children with dyslexia have, up to now, generally been catered for on an integrated basis in ordinary primary schools where they can be supported by the learning support teacher service or the resource teacher service. At present, there are approximately 2,600 resource teachers and 1,531 learning support teachers in the primary system.

Where the condition of a pupil with dyslexia is of a more serious nature, provision can be made in one of the four special schools or 23 special classes attached to ordinary primary schools and dedicated to the needs of children with dyslexia. All special schools and special classes for such children operate at a reduced pupil teacher ratio of 9:1. My Department also provides funding to schools for the purchase of specialised equipment such as computers to assist children with special needs with their education, including children with dyslexia, where recommended by relevant professionals.

In light of the reality that pupils in the high incidence disability categories of mild and borderline mild general learning disability and dyslexia are distributed throughout the education system, my Department, in consultation with educational interests, developed a general model of resource teacher allocation to schools to support students in these disability categories. This model, which was announced by my predecessor in 2004 to come into effect from September 2005, was designed to put in place a permanent resource in primary schools to cater for pupils in these categories. The model was constructed so that allocations would be based on pupil numbers, taking into account the differing needs of the most disadvantaged schools and the evidence that boys have greater difficulties than girls in this regard.

In light of the possible impact on small and rural schools, I have asked my Department to conduct a review of the general allocation model. The review will be completed in the coming weeks and its outcome will be announced in time to be implemented for the next school year.

At second level, each school in the free education scheme or block grant scheme with an enrolment of less than 600 recognised pupils, excluding pupils on post-leaving certificate programmes, receives an allocation of 0.5 of a learning support post. Schools with an enrolment of 600 such pupils and more, receive a full learning support post. The Department also allocates resource teacher posts and special needs assistant posts to second level schools and vocational education committees to cater for pupils with special needs, including pupils with dyslexia.

There are a total of 528 remedial learning support teachers, 620 guidance posts and 1,387 wholetime equivalent resource teachers currently in place. Additional special support services are being made available on an ongoing basis in response to identified needs.

Second level pupils with a specific learning disability are normally integrated into mainstream classes. In such situations, they may receive additional tutorial support through the remedial teacher, guidance counsellor and subject teacher. Depending on the degree of the condition, they may also be eligible for special arrangements in the certificate examinations.

In September 2003, my Department established the special education support service, SESS, to manage, co-ordinate and develop a range of supports in response to identified training needs. The SESS, which is hosted in Laois Education Centre, provides a nationwide service to teachers and special needs assistants. As part of its response to the growing demand from teachers for support and training, the SESS is currently developing teams of trainers to deliver training in the specific areas of autism, challenging behaviour, dyslexia and inclusion. This training will be delivered locally through the education centre network.

In addition, my Department has developed an information resource pack on dyslexia in CD-ROM, DVD and video format, in association with the Department of Education in Northern Ireland. This product has been made available to all primary schools and will issue to post-primary schools shortly.

My Department is continuing to prioritise the development of the network of special educational provision for children with special educational needs, including children with dyslexia, and I believe that the steps taken in recent years and those currently in hand represent significant progress in the development of those services.

Higher Education Grants.

John Perry

Question:

322 Mr. Perry asked the Minister for Education and Science if her attention has been drawn to the circumstances outlined by a person (details supplied) in respect of third level maintenance grant; if it will be granted; and if she will make a statement on the matter. [8362/05]

The decision on eligibility for third level grants is a matter for the relevant local authority or VEC. These bodies do not refer individual applications to my Department except in exceptional cases where, for example, advice or instruction regarding a particular clause in the relevant scheme is desired. The position in the case referred to by the Deputy remains the same as outlined in my previous parliamentary response to the Deputy of 10 February in that, to date, it appears that no such advice or instruction has been sought in relation to the student concerned.

If an individual applicant considers that he or she has been unjustly refused a maintenance grant, or that the rate of grant awarded is not the correct one, he or she may appeal to the relevant local authority or VEC. Where an individual applicant has had an appeal turned down, in writing, by the relevant local authority or VEC, and remains of the view that the body has not interpreted the schemes correctly in his or her case, a letter outlining the position may be sent to my Department. Alternatively, as already indicated, the local authority or VEC may itself, in exceptional circumstances, seek clarification on issues from my Department.

Departmental Staff.

Ruairí Quinn

Question:

323 Mr. Quinn asked the Minister for Defence the assignments of responsibility which have been made under section 9 of the Public Service Management Act 1997 for the performance of his functions by officers of his Department, indicating in respect of each function or class of function whether the assignment has been to named officers or to a grade or grades of officer and whether any of the requirements listed in section 9(1), paragraphs (a) to (f) of the Act have been included in the assignment; if information relating to such assignments of responsibility is published by his Department; if he is satisfied with the workings of section 9 within his Department; and if he will make a statement on the matter. [8152/05]

Ruairí Quinn

Question:

324 Mr. Quinn asked the Minister for Defence the arrangements in place within his Department relating to the delegation by him of his functions under Acts other than the Public Service Management Act 1997, indicating whether such delegations are express or implied, whether they are in general terms or confined to particular functions or the performance of functions in particular classes of cases, whether the delegation is to named officers or to officers of a particular grade or grades and whether the performance of functions of any particular class is reserved to him personally; if information relating to such delegations is published by his Department; if he is satisfied with the working of this system of administration in conjunction with the provisions of the Public Service Management Act 1997; and if he will make a statement on the matter. [8167/05]

Ruairí Quinn

Question:

325 Mr. Quinn asked the Minister for Defence the practice in his Department relating to the identification for legal and administrative purposes of his Department as an entity separate and distinct from his own legal personality as Minister, indicating whether contracts or other legal rights or liabilities are entered into, accepted or enjoyed in the name of his Department rather than in his own name; if so, the nature of those contracts, rights and liabilities; and if he will make a statement on the matter. [8182/05]

I propose to take Questions Nos. 323 to 325, inclusive, together.

Assignments of responsibility have been made to named officers at assistant secretary and principal officer levels in respect of all of the elements described in section 4(1), paragraphs (d) to (h) of the Public Service Management Act 1997. All of the requirements listed in section 9(1), paragraphs (a) to (f) of the Act have been included in each assignment. Information relating to the assignments is not published. I am satisfied with the workings of the Act in my Department.

In pursuance of the provisions of the Ministers and Secretaries Act 1924 and of the Documentary Evidence Act 1925, named officials in certain grades have been authorised by formal delegation instrument to sign official letters, orders for supplies and services, regulations, departmental instructions or other instruments at my direction or on my behalf. In the same manner, named senior officials have been authorised by formal delegation instrument to authenticate my ministerial seal by their signature. I also nominate by formal delegation instrument named senior officials to be suspending authorities for the purposes of the Civil Service Regulation Act 1956 in respect of civil servants employed in the Department.

In general, powers exercisable by me under the Defence Forces (Pensions) Acts 1932 to 1975, and the schemes made thereunder, and the Army Pensions Acts 1923 to 1980 are delegated to departmental officials by means of a formal delegation instrument which contains details of the powers delegated. The delegation is express and is to officers of particular grades. No functions are specifically reserved to me as Minister personally.

Under the Defence Acts 1954 to 1998, express responsibility for the overall management of the Defence Forces, including responsibility for effectiveness, efficiency, military organisation and economy, is assigned to the Chief of Staff of the Defence Forces who is responsible to me in this respect. Military command and authority has been delegated to each of the general officers commanding, GOC, of the three territorial brigades, eastern, southern and western, to the GOCs of the Defence Forces training centre and the Air Corps and to the flag officer commanding of the Naval Service. The officers mentioned are responsible to me for the exercise of the command and authority delegated.

The system of delegation as outlined above works well and is kept under review. Information on the general arrangements relating to delegation under the Defence Acts is published in strategy statements and annual reports but information on other forms of delegation is not published outside the Department.

With reference to the question of the identification for legal and administrative purposes of the Department as an entity separate from the Minister, no distinction is made in that regard. By virtue of the Ministers and Secretaries Acts, and the fact that the Minister is a corporation sole with perpetual succession and an official seal, contracts or other legal rights or liabilities are entered into and accepted, explicitly or implicity, in the name of the Minister or on the Minister's behalf.

Pension Provisions.

Sean Fleming

Question:

326 Mr. Fleming asked the Minister for Defence the reason the Defence Force pension for a person (details supplied) in County Laois was reduced with effect from 21 January 2005; and if he will make a statement on the matter. [8230/05]

At the outset, I should explain that, under the Defence Forces pension schemes, the minimum service required for an immediate pension in the case of NCOs and privates is 21 years. The pension for 21 years' service consists of a basic flat rate pension which varies according to rank, an addition in respect of military service allowance, MSA, in the case of qualified personnel discharged since August 1990 and an addition in respect of technician pay and certain other additional payments that were held during service. All of these elements of pension are payable for the lifetime of the pensioner.

Where service exceeds 21 years, the Defence Forces pension is increased by an additional increment for each such year of service up to a maximum of 31 years. This additional increment is payable at a flat rate for each year of service with a small increase if the individual qualifies for the addition in respect of technician pay and certain other additional payments that were held during service. A top up of the MSA addition is also payable in the case of personnel with 31 years service or more. These extra payments cease to be payable when the pensioner reaches the qualifying age of 66 years for an old age contributory pension or becomes entitled at an earlier age to a social welfare retirement pension.

These arrangements are in accordance with the principle of integration of occupational pensions with social insurance benefits in the case of employees, such as NCOs and privates, who are fully insured under the Social Welfare Acts. This principle applies right across the public service and, indeed, in many areas of the private sector. However, the method of applying the integration principle in the case of retired NCOs and privates is less severe than that applying in other areas of the public service.

The person referred to reached 66 years of age on 21 January 2005 and the arrangements mentioned were applied to his Defence Forces pension from that date.

The general issue of integration of occupational pensions in the public service was examined by the commission on public service pensions in its final report, published in January 2001. The commission accepted that integration is a fundamental component of the public service pensions framework and was strongly of the view that it should be continued. It did not make any recommendations that would affect the current integration arrangements applicable to retired NCOs and privates.

Defence Forces Property.

Pat Breen

Question:

327 Mr. P. Breen asked the Minister for Defence, further to Parliamentary Question No. 374 of 28 October 2004 and the Snow report, the way in which he justifies the assertion therein that the associated current safety policy at Casement Aerodrome reflects best international practice in accordance with International Civil Aviation Organisation standards and recommendations (details supplied); the size of the respective RESAs at Casement Aerodrome; and if he will make a statement on the matter. [8259/05]

A runway end safety area, RESA, is defined as "an area symmetrical about the extended runway centreline and adjacent to the end of the strip primarily intended to reduce the risk of damage to an aeroplane undershooting or overshooting the runway". RESAs are contained completely within the airfield boundary and are referred to in International Civil Aviation Organisation, ICAO, annex 14, "Aerodromes".

Red safety zones, or public safety zones, are not an ICAO requirement. However, the practice of using such zones obtains in other countries and, in this regard, the Department has followed the United Kingdom model. The Snow report, 1999, recommended the continued use of safety zones at Casement Aerodrome. Such similar public safety areas are in place at civil airports. At Casement Aerodrome the RESAs lie within the red safety zones, which are, approximately, 300 m to 700 m wide and 1370 m long.

Planning Issues.

Billy Timmins

Question:

328 Mr. Timmins asked the Minister for the Environment, Heritage and Local Government if he has examined the reasons local authorities have set their development levy schemes at different levels; his views on an acceptable level of levy for a house that is unsecured, and for one that is secured; and if he will make a statement on the matter. [8110/05]

Development contributions are levied by each planning authority on the basis of a development contribution scheme which sets out how contributions will apply in its area. Such schemes had to be adopted by all planning authorities by 10 March 2004. The level of contribution and the types of development to which development contribution schemes should apply was determined at local level, with responsibility resting with the elected members in each area.

While the Department did not advise planning authorities on the appropriate amounts to be levied in respect of any individual type of development, authorities were advised by way of circular letter PD 4 of 2003 that, while it was expected that the planning authority should ensure that developers make an appropriate contribution towards the costs of public infrastructure and facilities, the local authority should take care to avoid development contributions that are excessively high. In addition, authorities were advised to be mindful of the policies adopted by other local authorities in their immediate area when devising and implementing development contribution schemes as major divergence in the level of contributions may be difficult to defend.

Billy Timmins

Question:

329 Mr. Timmins asked the Minister for the Environment, Heritage and Local Government if he will report on the present composition of An Bord Pleanála; the way in which the members are appointed; the duration of their term; the number of members of the board who sit on each decision making process; and if he will make a statement on the matter. [8113/05]

Members of An Bord Pleanála are appointed under section 106 of the Planning and Development Act 2000. There are currently nine members of the board; a new member is due to be appointed from 4 April 2005. A list of members is set out in the table below:

Membership

Date of Current Appointment

Mr. John O’Connor, chairperson

6 May 2000

Mr. Brian Hunt, deputy chairperson

21 November 2001

Ms Margaret Byrne

6 February 2005

Mr. Michael Wall

November 2001

Ms Angela Tunney

7 November 2001

Ms Berna Grist

1 October 2001

Mr. Brian Swift

3 December 2001

Ms Jane Doyle

1 January 2005

Mr. Karl Kent

1 January 2002.

Ordinary members are appointed from among persons selected by prescribed organisations set out at article 64 of the Planning and Development Regulations 2001. The organisations represent a wide range of interests to give a balanced group of people with diverse backgrounds who can reach a balanced view on the issues with which the board would be concerned. In addition, the 2000 Act sets down specific procedures for the appointment of the chairperson and one ordinary member to be appointed from among the officers of the Minister who are established civil servants for the purposes of the Civil Service Regulation Act 1956.

The term of office of the chairperson is seven years. However, the incumbent may be reappointed by the Government for a second or subsequent term. The Minister may specify the term of office of an ordinary member but this term may not exceed five years. An ordinary member may be reappointed for a second or subsequent term of office.

Section 108 of the 2000 Act provides that a quorum for a meeting of the board consists of not less than three members. Section 112 of the 2000 Act further provides that, for the speedy dispatch of the business of the board, the board may act by divisions which consist of not less than three members. However, where the chairperson considers an appeal or referral to be of particular complexity or significance, he or she may transfer it to a meeting of all available members of the board.

Departmental Staff.

Ruairí Quinn

Question:

330 Mr. Quinn asked the Minister for the Environment, Heritage and Local Government the assignments of responsibility which have been made under section 9 of the Public Service Management Act 1997 for the performance of his functions by officers of his Department, indicating in respect of each function or class of function whether the assignment has been to named officers or to a grade or grades of officer and whether any of the requirements listed in section 9(1), paragraphs (a) to (f) of the Act have been included in the assignment; if information relating to such assignments of responsibility is published by his Department; if he is satisfied with the workings of section 9 within his Department; and if he will make a statement on the matter. [8153/05]

Ruairí Quinn

Question:

331 Mr. Quinn asked the Minister for the Environment, Heritage and Local Government the arrangements in place within his Department relating to the delegation by him of his functions under Acts other than the Public Service Management Act 1997, indicating whether such delegations are express or implied, whether they are in general terms or confined to particular functions or the performance of functions in particular classes of cases, whether the delegation is to named officers or to officers of a particular grade or grades and whether the performance of functions of any particular class is reserved to him personally; if information relating to such delegations is published by his Department; if he is satisfied with the working of this system of administration in conjunction with the provisions of the Public Service Management Act 1997; and if he will make a statement on the matter. [8168/05]

I propose to take Questions Nos. 330 and 331 together.

To give effect to section 9 of the Public Service Management Act 1997 the Secretary General of my Department has assigned responsibilities to all assistant secretaries within the Department. The assignment of responsibilities under section 9(f) will be considered further following the enactment of the Civil Service Regulation (1956 Act) (Amendment) Bill. While details of the assignment of responsibilities to assistant secretaries are not published, my Department's annual report provides a breakdown of the Department's functions at assistant secretary level. Details of the delegation of functions under acts other than the Public Service Management Act 1997 are being compiled and will be forwarded to the Deputy shortly.

Ministerial Responsibilities.

Ruairí Quinn

Question:

332 Mr. Quinn asked the Minister for the Environment, Heritage and Local Government the practice in his Department relating to the identification for legal and administrative purposes of his Department as an entity separate and distinct from his own legal personality as Minister, indicating whether contracts or other legal rights or liabilities are entered into, accepted or enjoyed in the name of his Department rather than in his own name; if so, the nature of those contracts, rights and liabilities; and if he will make a statement on the matter. [8183/05]

My Department and the office of Minister for the Environment, Heritage and Local Government are indivisible in so far as the legalities of contracts or similar legal arrangements are concerned. As a practical matter, contracts may make reference to either or both the office holder of Minister and the Department. However, this does not entail that my Department enjoys or accepts legal rights, liabilities or entitlements distinct from those of the office of Minister for the Environment, Heritage and Local Government.

Planning Issues.

Pat Breen

Question:

333 Mr. P. Breen asked the Minister for the Environment, Heritage and Local Government , further to Question No. 529 of February 2004, if the draft planning guidelines that he intends to issue to planning authorities whose functional areas include a public safety zone will include a recommendation that the associated restrictions on development be entered in the register of local land charges in like manner to that outlined at paragraph 20 of a UK Department of Transport circular (details supplied). [8261/05]

The guidelines for land use of zones that have been identified for public safety zones at State airports, which I intend to issue this year, will provide that planning authorities should zone such lands appropriately in their development plans. The system operated in England of registering local land charges or requiring state bodies to purchase lands on which permission for development has been refused in the interests of proper planning and sustainable development is not a feature of our planning code.

Local Authority Funding.

John Perry

Question:

334 Mr. Perry asked the Minister for the Environment, Heritage and Local Government when a decision will be made on the application submitted by Leitrim County Council for funding (details supplied): the amount that will be allocated; and if he will make a statement on the matter. [8392/05]

An application for funding under the voluntary housing capital assistance scheme has been received from Leitrim County Council, which is responsible for the detailed administration of the scheme in its area. The application is under examination and the council will be advised of the outcome as soon as possible.

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